Reptilian Tactics in First-Party Insurance Litigation: Lessons for Insurers
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statement, Cross-Examination, Closing Argument
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Tuesday, February 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will offer trial strategies and best practices insurers can apply to neutralize an insured's use of "reptile" theory and tactics in first-party insurance litigation. The panel will also address what to do if the court overrules insurer challenges to reptile tactics and how to preserve the issues for appeal.
Mr. Horst is the Chair of the firm’s Insurance Industry Group. He focuses on insurance coverage disputes, advice, and the defense of extracontractual suits against insurers. Bob has particular expertise and interest in the handling of matters involving property insurance, fine art insurance, business income, agent/broker litigation, trade credit, and class actions. His experience includes insurance cases in jurisdictions throughout the U.S., including national class action cases and high stakes “bad faith” litigation.
Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past 21 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, he has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
Ms. Lundquist is an associate practicing in the areas of Skilled Nursing, Assisted Living, Home Care & Hospice and Medical Malpractice Defense. She has extensive experience representing physicians, hospitals, nursing homes and various health care providers in a variety of matters.
The reptile theory has become a mainstay among practitioners in the areas of personal injury and products liability. Increasingly, though, counsel for insureds are co-opting these tactics to maximize recovery in first-party insurance cases, especially with allegations of bad faith.
Critical to the strategy's success is an insured's counsel gaining essential admissions during the testimony of adjusters, investigators, and other witnesses handling a claim. Insurance practitioners must understand this strategy and thoroughly prepare each witness for "reptile" questions during depositions and trials. Defense attorneys must also equip insurance company witnesses with the necessary tools to respond to reptile tactics during the investigation/pre-discovery phase.
Listen as our panel of experienced insurance litigators discusses how reptile tactics are deployed in first-party insurance cases and provides critical insight into how to neutralize their impact.
- Overview of "reptile" theory
- Generally
- First-party insurance cases
- Anticipating and preparing for the reptile theory
- Preventing the foundations for reptile arguments during depositions
- Disarming reptile themes and testimony at trial
- Practical considerations
The panel will review these and other relevant issues:
- How does the application of reptile theory differ in first-party insurance cases?
- What preemptive steps can insurers and their counsel take to combat reptile tactics?
- What impact has the reptile theory had on insured's recoveries in first-party insurance cases?
