- 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
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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
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).
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 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.
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.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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?
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Reptilian Tactics: Litigating First-Party Insurance
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