Defending Large Casualty Claims

The course, “Defending Large Casualty Claims” is designed to help adjusters and
legal practitioners identify key issues at the outset of a severity case, create
strategies to mitigate risk exposure, and review strengths and weaknesses in
defending these cases in mediation or at trial. The module is presented by Ramona
Hunter, a civil litigator at Cozen O’Connor.

Ramona Hunter begins by
listing the key issues at the outset of litigation — who, what, where, when, and
why. She then distinguishes the tone and approach to cases involving clear
liability versus those that are potentially defensible. She outlines the numerous
areas of exposure reduction in clear liability cases, including litigation tone,
benevolent gestures of sympathy, independent expert review, life care plans,
surveillance, early valuation, and early mediation without discovery. She also
addresses the important aspects of liability investigation, including early
identification of key mitigating factors, dealing with physical evidence,
limiting exposure post-lawsuit, and identifying fraud. Finally, she evaluates the
advantages of mediation, trial, and arbitration as well as a comparison of jury
trials versus bench trials.

After completing the course, the attendee
should be able to…

identify the key issues at the outset of litigation;
identify whether a case involves clear liability or is potentially defensible;
outline the various means of exposure reduction in a case of clear liability;
know the importance of independent expert review; understand the intricacies of
life care plans; explain the use of surveillance, early valuation, and early
mediation when mitigating risk exposure; define the focus areas in liability
investigation of securing the evidence, retaining experts, identifying eye
witnesses, and identifying other potentially responsible parties; better identify
fraud; know the limitations of physical evidence in terms of spoliation,
retention, and testing protocols; and describe how to limit exposure post-
lawsuit.

The course is designed for practitioners and insurance
professionals working in the area of casualty insurance coverage and litigation.