Effective communication with an insurance company is one of the best tools available to successfully resolve claims. I have heard time and time again from insurance adjusters and defense attorneys that poor communication is one of the chief reasons that claims are undervalued and low settlement values are assigned. I outline some basic tips for effective advocacy.
Continue Reading Effective Communication with Insurers – When You Have Good Facts and Law, Focus on the Good Facts and Law
There are many ways to settle a case, including discussions in person, via telephone or via email. Regardless, something in writing is usually set forth to memorialize the agreement and insure that the parties are on the same page. Word choice is important, as illustrated in the below case from Indiana.1
Continue Reading Settling a Case Via Email – Word Choice is Important
Following yesterday’s post, What is a Bad Faith Claim? Or, When Does an Insurance Claim Wrongfully Handled Become a Bad Faith Claim?, there were a couple of posts suggesting that class action lawsuits were the answer to wrongful claims practices. Frankly, most policyholders are more successful financially with individual cases than through class action cases in insurance matters. Many class settlements are nothing other than the insurer buying its way out of a bigger mess and paying off attorneys looking for a big payday. Our firm is very selective about class matters because of the “good for the attorney’s pocket versus bad for the client’s pocket” conflict.
Making an offer to the other party in a lawsuit to settle a case confidentially is equally available to both parties. Once agreed to, strict adherence is an absolute requirement.
Continue Reading Confidential Settlements
After posting two Blogs (Effective Endgame Communications; Influence and Persuasion) regarding the topic of settlements, I was amused by SLABBED referring to settlements as "kissing one’s sister." While that was on my mind, I was provided our Leeds Appellate Answer Brief to a trial that I won with Jean Niven in 2007.
As indicated in my previous blog, everybody can benefit from understanding some basics of intellectual influence. While my speech was given to trial attorneys who typically represent people against insurance companies, anybody can use them, and should, if they want better results with dealing with people who have different views. Some may question why I would publish the "secret" to getting great resolutions from insurance companies. Frankly, if everybody practiced these principles, the world would be a lot more progressive.
Most cases resolve before a trial. While thorough preparation for trial is paramount, most of our policyholder clients want a resolution as quickly as possible and for a much as possible. Settling a case for less than its value is an easy way to get a quick resolution. Settling a case for more than its value in a short period of time is a lot more difficult, and, that is what some of our clients expect us to magically accomplish.