Decades ago, I worked on a massive product liability case. I was involved on the coverage side rather than the case in chief. Defend, No Matter What The case was national in scope, with hundreds of claims. The manufacturer was in charge of the defense strategy, which was to not give an inch. Its carrier […]

A recent CLM magazine article listed multiple reasons for claim processing inefficiencies. One was “unresponsive counsel.” That got me thinking about why this should be. Staff Counsel Everyone is on the same team. Staff counsel have no motive to perform work to increase billings. Theoretically, at least, communication between Claims and staff counsel should be […]

Future insurance premiums might be a valid component of a settlement evaluation. If the claimant must now pay premiums that would not be required “but for” the litigated occurrence, a claimant may present this expense as an item for compensation. Considerations include: What did the claimant pay for health insurance prior to the occurrence? Was […]