• videocam Live Webinar with Live Q&A
  • calendar_month September 1, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Reptilian Tactics: Litigating First-Party Insurance

Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statement, Cross-Examination, Closing Argument

About the Course

Introduction

This CLE course will offer insurance defense counsel guidance for creating trial strategies that can neutralize an insured's use of "reptile" 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.

Description

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.

Presented By

Joseph Acquaviva
Attorney
Horst Krekstein & Runyon, LLC

With over 15 years of experience handling litigation matters, Mr. Acquaviva has focused his practice on defending insurance companies in lawsuits involving first-party property breach of contract, bad faith and a variety of other extra-contractual claims throughout Pennsylvania and New Jersey state and federal courts. His extensive experience handling all types of first-party property claims arising under personal and business insurance policies ranges from losses arising from storms, plumbing leaks, theft, vandalism, and fire to claims involving loss of use (ALE), code upgrade, collapse and business interruption coverages. Outside of litigation, Mr. Acquaviva provides legal counseling and support to insurers throughout the claim handling process, which includes taking examinations under oath, providing coverage opinions and assisting in the investigation of suspected fraudulent claims. He has been at the forefront of providing guidance to insurers on navigating the potential pitfalls arising from the trending use of appraisal by insureds (and their public adjusters).

John D. Gilleland, Ph.D.
Senior Litigation Consultant
Magna Legal Services

Dr. Gilleland provides research-based and experiential data analysis to trial teams throughout the country. He has worked on all types of high-profile and large-exposure litigation, including in the areas of antitrust, product liability, intellectual property, labor & employment, professional malpractice, environmental, and securities. He consults on national litigation matters pertaining to a variety of industries, including construction, automotive, airline, pharmaceutical, petroleum/petrochemical, biotech, manufacturing, and medical. Dr. Gilleland is an expert in witness preparation, has worked with hundreds of witnesses, and has assisted with witness training schools for multiple firms involved with forensic accounting services. He has also participated in over 350 jury selections, assisting counsel with oral and written voir dire, the construction of supplemental juror questionnaires, and actual in-court jury selections. As a full-time jury consultant and researcher since 1988, Dr. Gilleland has been in the national spotlight on numerous occasions, has appeared as a commentator on both local and national talk shows, and has been quoted in a wide range of media, including national publications such as The National Law Journal, Lawyers Weekly, The Wall Street Journal, and USA Today. He has over 32 years of dedicated jury consulting research experience and has conducted mock jury work on over 1,200 cases, as well as strategic hourly consulting on hundreds of others.

Lauren M. Lundquist
Senior Litigation Counsel
Kaufman, Borgeest & Ryan, LLP

Ms. Lundquist is an attorney 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.

Patrick McHugh
Partner
Horst Krekstein & Runyon, LLC

Mr. McHugh's practice as a Partner at HKR focuses on complex, first-party coverage disputes and the defense of extracontractual suits. With a keen sense of coverage issues and the regulatory scheme applicable to insurers, he regularly counsels his insurer clients via coverage opinions, litigation and the defense of bad faith litigation.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, September 1, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of "reptile" theory 

A. Generally

B. First-party insurance cases

II. Anticipating and preparing for the reptile theory

III. Preventing the foundations for reptile arguments during depositions

IV. Disarming reptile themes and testimony at trial

V. 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 insureds' recoveries in first-party insurance cases?