Devin Bostick’s Post

If you were a big time insurance defense lawyer* you too could be starting a trial today in Dallas County, while: Trying to coordinate an appearance for a dismissal docket in Liberty County where attendance is required; Trying to coordinate an appearance in a Galveston County pre-trial where attendance is required (although they way they do it, it's more of a docket call); Waiting on Zoom for two Bexar County trial settings, to tell them that I am currently in trial in Dallas; and Waiting to confirm a continuance in a Tarrant County case set for trial today (sorry Tarrant County, Dallas got to me first). All while working on the various things still to be done for the Harris County trial I've been assigned to on Thursday. Plus discovery responses, pleadings to file, motions to draft, etc. This is not a complaint, at all. In this new word of mine where I no longer have a dozen bodies to throw at hearings so that all have someone in attendance, it just takes a lot more communication and coordination with everyone involved. And starting a new firm with this much work from day one is just a straight-up blessing. Fortunately, most plaintiff's lawyers don't want to actually go to trial, and most courts are very cooperative if you're honest about your settings and your capabilities. And in my part of the state, most courts and coordinators know I'm not trying to squirm out of anything. I'm still waiting for the first actual trial with the new firm (several dockets have cratered, and a few settled on the courthouse steps, which is always a bummer). Looks like today's the day. Which is good, because we should be trying more cases. *This is not a real thing.

A few things I learned about case values and negotiating settlements of personal injury cases while working at a defense firm for over 10 years. Every case is different, but normally, subject to some exceptions: Insurance adjusters are generally great people who work hard. Be nice to them. The adjuster ultimately decides whether and when to settle a case. Be nice to them. Adjusters prefer to settle cases quickly. A key metric of their review is how long a case remains open. For an adjuster, the best file is a closed file. Adjusters manage risk. They focus on potential outcomes more than case details or nuances. Adjusters are willing to settle for an amount that is (slightly) less than their worst realistic outcome. See above. When settlement negotiations are close (within 15% of demand) an adjuster will normally close the gap to avoid the risk of trial and / or defense costs. See above. Once a suit is filed and served, prepare to wait. The adjuster will wait until the defense attorney writes an initial report (usually 90 days after service) before reevaluating the last offer. The defense attorney normally recommends engaging in written discovery and taking the plaintiff’s deposition in order to make an informed settlement recommendation. Prepare to wait more. The adjuster tends to offer the amount recommended by defense counsel (eventually). The recommendation may change during discovery, but rarely goes down. The defense attorney’s last report, a pre-trial report, is normally due 45 - 60 days before trial.  That report contains the attorney’s final verdict/settlement analysis (unless there are “unknowns” that will take additional discovery or rulings by the court). The key factors in a defense attorney's settlement analysis are: (1) The amount of the medical bills and lost wages that will be related to the injury caused by the defendant; (2) The impression made by plaintiff and key witnesses; (3) The impression made by plaintiff’s experts; (4) The experience and trial skill of plaintiff’s counsel; (5) Venue (past verdicts in same or similar location); (6) The likelihood of defense verdict; and (7) Potential verdict range. Did I miss anything? We started Merrick Brock after working at an insurance defense firm for over 10 years. That experience sets us apart from other personal injury lawyers. We use what we learned to develop strategies for achieving the best results possible. 

Litigation is sometimes the only way to hold insurance companies accountable for unjust denials. Because we have greater access to information about the reason behind the denial, which gives us leverage to argue for payment. With our expertise in property damage claims and our track record of success in the courtroom, you can trust us to fight vigorously on your behalf. Whatever path you choose, know that you don't have to navigate it alone. Our team's here to provide you with the guidance, guidance, support, and advocacy you need to pursue the best possible outcome for your claim. During our consultation, we'll discuss the specifics of your claim and provide you with clear guidance on the best course of action. Whether it involves negotiating with the insurance company, filing an appeal, or pursuing litigation, we will be by your side every step of the way, fighting tirelessly to protect your rights and your interests. Our goal is to alleviate the burden on you during this challenging time and to ensure that you receive the compensation that you rightfully deserve. Call us if you have any questions regarding your insurance claim! (954) 233-0120, or email help@premproplaw.com

Bad Faith Under N.J. Law In New Jersey, like in many other states, there are regulations and laws in place to protect consumers from bad faith practices by insurers. Policyholders and litigants who believe they have been treated unfairly by their insurance company have the right to seek legal recourse. This may involve filing a complaint with the New Jersey Department of Banking and Insurance or pursuing a civil lawsuit against the insurer for bad faith practices. Examples of bad faith could include an Unreasonable Denial of Claims, denying legitimate claims without proper investigation or justification. It could involve Intentionally prolonging the claims process without valid reasons thereby causing undue hardship to the policyholder. Another example would be failing to settle a lawsuit within the insured’s policy limits thereby exposing the insured to an excess verdict. It's essential for policyholders and litigants to understand their rights and to consult with legal professionals experienced in insurance law if they believe they have been the victims of bad faith by an insurer. If you believe you have been the victim of bad faith practices by an insurance company, call 609-472-1377 and get the help you need. https://lnkd.in/ebraeXQn  

🔍 Mastering the Legal Maze: What to Do If Your Personal Injury Claim is Denied in Florida Facing a denial from the insurance company can feel like a setback, but in Florida, there's still hope for justice. Let's explore actionable steps to challenge the denial and secure the compensation you deserve. Understanding Insurance Denials: Insurance companies reject claims for various reasons, from insufficient evidence to liability disputes. However, a denial isn't the end of the road for your compensation journey. Assessing the Denial: Review the denial letter meticulously to grasp the grounds for rejection. This insight is crucial for formulating your challenge strategy. Gathering Additional Evidence: If evidence is lacking according to the insurer, strengthen your case with more documentation, such as medical records and witness statements. Rebutting the Insurance Company's Arguments: Address misconceptions or misinterpretations head-on with a well-crafted response backed by solid evidence. Seeking Legal Guidance: Navigating insurance company tactics can be daunting. Consult with seasoned personal injury attorneys familiar with Florida law for expert support. Initiating the Appeals Process: Armed with additional evidence and legal advice, formally appeal the denial by submitting a detailed letter outlining your case's merits. Exploring Alternative Dispute Resolution: If negotiation stalls, consider mediation or arbitration as quicker and cost-effective alternatives to resolve the dispute. Filing a Lawsuit: As a last resort, pursue litigation against the insurer to secure your rightful compensation. A skilled attorney can guide you through the legal intricacies and advocate vigorously on your behalf. Conclusion: Facing an insurance denial is challenging, but it's not the end. With determination and the right legal support, you can challenge the denial and fight for what you deserve. Remember, justice may take time, but with perseverance, it's achievable.

The Monson Law Firm, LLC Quoted in Bankrate Article on Litigation Harvesting Native Louisianian and licensed insurance agent Shannon Martin writes an amazing article explaining how Third-Party Litigation Financing and Litigation Harvesting contribute to high homeowners insurance rates. "Matt Monson, Esq., founder and manager of The Monson Law Firm, is concerned about the next phase of legal system abuse, one he calls “litigation harvesting.” Lead generators send targeted text messages to the public in an effort to create class action lawsuits and increased claim cases. After just a couple of clicks and a short phone call, people are enrolled in a lawsuit completed with a signed contract, without ever speaking to an actual lawyer." "The lead generators will then sell your information to the law firm, which, depending on what state you live in, may be considered improper attorney solicitation, otherwise known as ambulance chasing." “Ambulance chasing is not allowed,” says Monson. “I can’t knock on your door after a big weather event and ask if you have damage. What is the difference between the phone being your door, and the text being the knock?” "Everybody pays property insurance, even if you are a renter, it is getting passed on to you. There’s no escaping this. Millions of people are paying thousands of dollars more than they should, so a handful of people can make millions." Founded in 1976, Bankrate is the trusted authority on personal finance and has an extensive track record of helping consumers navigate the pivotal steps of their financial journey. Bankrate offers product comparison tools, calculators, editorial content and more to help savers and spenders reach their goals. Thanks, Shannon Martin, for your diligent work and research. Bringing this important issue directly to the consumers is what will inspire needed change. Joseph Petrelli Demotech, Inc. Todd Kozikowski 4WARN

Reflecting on an enriching experience last week at the 2024 Insurance Coverage Litigation Committee CLE Seminar. I extend my heartfelt thanks to my fellow panelists, whose insights and extensive experience added tremendous value to our “In-House Counsel - Headaches and Pain Relief Solutions” panel. Heather P. Arias, Esq., AIC's comment continues to resonate with me, reminding me of the importance of avoiding surprises when it comes to advising and counseling insurance companies; Suzanne Day's input on strategies to ensure attorney-client communications and work product are protected from disclosure leave a lasting impression, as well as Lori Siwik's valuable firsthand experiences shared about the key role that external risk managers and brokers play when faced with handling the insurance tripartite relationship in liability claims. My key takeaways from our panel discussion 1. No Surprises. Insurance companies want from (either coverage or defense) counsel substantive and timely communications, proactive strategies with a focus on resolution, and a realistic and practical view as to the exposure a case presents based on counsel’s experience and expertise. 2. There are two overarching problems insurers face from outside counsel: lack of communication and reactive versus proactive litigation strategies. 3. Some takeaways about in-house handling of claim files: - Claim files (or portions of it) within an insurance company’s records become protected by the work product doctrine when there is anticipation of litigation, which varies in every case but is generally when the insurer determines there is no coverage for the claim; carriers and policyholders alike are encouraged to split their files between pure claims handling materials and coverage dispute communications and materials;  - Unless the claim file is relevant to the underlying liability action, it should not be discoverable by plaintiffs in the underlying litigation against the insured;  - If materials in the claim file are created in the ordinary course of business of the insurer’s claim handling and investigation, they may be discoverable in litigation provided they are relevant to the dispute and not otherwise protected by attorney-client privilege or work product doctrine; 4. Managing potential for conflict of interests in the insurance tripartite relationship is a balancing exercise between the insured, insurer and defense counsel. Early recognition, analysis and solution of conflicts of interest that can disrupt the tripartite relationship is key, especially when the insurer defends under a reservation of rights. 5. Even when the insurer has policy-given control of the defense and settlement, the insured ultimately has the last word on whether to proceed to trial or settle the underlying case. Choosing to try a case when the insurer wishes to settle may however jeopardize the insured’s coverage, but it is a decision for the insured to assess.

Insurance Defense Attorney: Navigating Legal Complexities with Expertise An insurance defense attorney operates in a specialized field of law where their primary role is to represent insurance companies or the policyholders they insure when a claim is brought against them. These legal professionals are experts in matters where insurance coverage is questioned, from evaluating the merits of a claim to defending insured clients in court. The job encompasses not only courtroom defense but also advising clients on legal matters pertaining to insurance coverage and claims processes. Such attorneys navigate a complex web of insurance laws and regulations that can differ by state and policy type. They must have a good grasp of liability and contract law as they often deal with cases involving personal injury, property damage, and malpractice, among others. Ethical and professional conduct is paramount in this role, as insurance defense attorneys must balance the interests of the insurance company they represent with fairness towards the party bringing the claim.

Legal issue: In Florida state court, an insured is not entitled to examine documents and communications in an insurer’s claim file because courts generally view this evidence as irrelevant to a breach of contract claim and as work product. Therefore, insurers essentially say “claim file” in response to a discovery request and the material is not subject to discovery. Translation: When you sue your insurance company in state court, they, in most cases, won’t let you look at the pictures they took investigating your claim, read their estimates for repairs, or read their notes reflecting their opinions about your claim based on their investigation. Although you paid them to adjust your claim, and their business is literally investigating and paying covered claims, insurance companies essentially take the position that they anticipate litigation with their customers (i.e. that their customers will sue them) the moment they report a claim. What needs to happen: Florida state courts should adopt the federal court standard regarding the discoverability of an insurer’s claim file, which usually include adjuster notes, adjuster photographs, internal memorandum, internal communications, documents prepared by attorneys, and communications with attorneys. In federal court in Florida, documents and communications in an insurer’s claim file, including those created by, sent to, or received from an attorney, prior to a coverage denial are presumptively discoverable. The reasoning is that prior to the denial, all documents and communications pertaining to the insurance claim were created or transmitted in the ordinary course of the insurer’s business and not in anticipation of litigation. The insurer of course can submit evidence showing otherwise, but they cannot just say “claim file” and immunize the claim file from examination.

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