Building the Future of Insurance Claims | Helping Businesses Do More With Less Risk | Management and Professional Liability Insurance Expert
Proud to represent Counterpart by participating in two panels at today’s Professional Liability Attorney Network regional meeting in Chicago. We had lots of engaging conversation about the Top Employment Issues in 2024 and The Defense Response to Social Inflation and Nuclear Verdicts. Thanks to all of my co-panelists for sharing their insights and our skilled moderators, John Kreutzer and Kevin O'Hagan, for expertly guiding the discussions. It was a great event!
Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict.
What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere?
The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel?
Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI.
Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02j8BhZ0#NuclearVerdict#Defense#ClaimDefense#SIU#TruckingDefense#InsuranceDefense
Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict.
What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere?
The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel?
Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI.
Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02j8GSP0#NuclearVerdict#Defense#ClaimDefense#SIU#TruckingDefense#InsuranceDefense
Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict.
What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere?
The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel?
Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI.
Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02j8G0L0#NuclearVerdict#Defense#ClaimDefense#SIU#TruckingDefense#InsuranceDefense
Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict.
What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere?
The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel?
Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI.
Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02j8Dcs0#NuclearVerdict#Defense#ClaimDefense#SIU#TruckingDefense#InsuranceDefense
Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict.
What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere?
The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel?
Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI.
Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02k9dJR0#NuclearVerdict#Defense#ClaimDefense#SIU#TruckingDefense#InsuranceDefense
Reptile theory...I've heard as much about this topic lately as I did about cannabis in the W/C arena prior to COVID. Reptile theory is complex but, in a nutshell, it vilifies the defendant company and its driver in an effort to spark a retaliation response deep in juror's mind in an effort to spark a nuclear verdict.
What if we could turn the tables on the reptile theory? Maybe we could call it the Rikki Tikki Tavi theory. Rather than let Plaintiff counsel paint our insured and their driver as the cause of everything bad in the world, what if we were able to paint him as a head of a household who is doing everything he can to keep a roof over his kids head and food on the table? What if trucking companies were portrayed as the only reason 90 percent of the stuff in your house actually gets to your house instead of sitting in a port somewhere?
The defenses for reptile theory are complex and more than we have time to discuss here. The one constant is that the claims arena is changing so fast, that you have to start considering doing things that you never would have thought of doing 5 years ago. As an example, let's look at a truck driver who was at fault for an accident. The standard way of handling this is to terminate the driver after the investigation is complete...and that's the end of it. However, what do you do at trial and you can't find him? How do you build the Rikki Tikki Tavi defense if you have no idea what this person is like when aren't at work or behind the wheel?
Historically, social media sweeps were for the plaintiff, but they can be a powerful tool in documenting the fact your driver is a family man who just happened to be in the wrong place at the wrong time. An added bonus of social media investigation is that with free updates for the life of the claim, you'll have a pretty good idea where to start looking for your terminated driver even if it is years after the DOI.
Fraud Sniffr, Inc. can help. Learn more about how at https://hubs.li/Q02p9k4K0#NuclearVerdict#Defense#ClaimDefense#SIU#TruckingDefense#InsuranceDefense
This #FMG blog written by Tim Soefje and Gabriel Canto covers the Texas Supreme Court's decision in Gregory v. Chohan which involved an appeal of a trucking wrongful death case following a tragic pile up on an icy road in rural #Texas. Click below to read how defense counsel can consider using the lessons learned from this case in responsive pleadings, discovery requests, objections to deposition questions, and more.
#FMGlaw#Texaslaw#TX#nuclearverdicts#wrongfuldeathhttps://lnkd.in/ejSeJ9pK
In today's blog, Tim Soefje and I discuss the Texas Supreme Court's 2023 decision in Gregory v. Cohan that dramatically impacts the potential value of catastrophic claims in Texas. All Texas defense attorneys should keep this case handy.
#texaslawyer#nuclearverdicts#fmg
This #FMG blog written by Tim Soefje and Gabriel Canto covers the Texas Supreme Court's decision in Gregory v. Chohan which involved an appeal of a trucking wrongful death case following a tragic pile up on an icy road in rural #Texas. Click below to read how defense counsel can consider using the lessons learned from this case in responsive pleadings, discovery requests, objections to deposition questions, and more.
#FMGlaw#Texaslaw#TX#nuclearverdicts#wrongfuldeathhttps://lnkd.in/ejSeJ9pK
According to professionals in the insurance industry and the defense bar, the number of nuclear verdicts, or verdicts that exceed $10M, is on the rise. Although the defense may prevail over plaintiffs more often at trial, when the defense loses, they lose big. And plaintiffs who could have obtained needed resources in settlement, sometimes "roll the dice" at trial and get less, or nothing at all.
Do clients really want to engage in such high stakes showdowns? Is there a better way to administer "justice?" Our CLE webinar done in partnership with the West LegalEdcenter featuring Mediator Arbitrator, Jeff Trueman, Esq. and Negotiation Educator and Author, John Lowry addresses these very questions.
Register for the on-demand webinar today and come away with a better understanding of the rise of nuclear verdicts and how to avoid them, considering both the strategic and psychological factors at play.
https://bit.ly/3YDYUit#nuclearverdict#defenseverdict#insurance#claims#mediation#negotiation#emerginglitigation#legaleducation#hblitigation
