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Now viewing a program in: Register for Programs and CLE \ Live Webinars
“Looking For Fault In All The Wrong Places (And What You Can Do About It)”



Summary
Introduction: We’ve all experienced insurance company claims of comparative fault during negotiations. Why insurance companies raise the issue is simple: it is a leveraging or discounting tool (as if Robinson, caps, joint and several, etc. aren’t enough). Many of these claims are specious (The Sharpie) and can be removed, while others are more vexing and perhaps even permanent (The Tattoo).

This webinar will help you identify the scenarios where a flimsy claim of comparative negligence is raised, and practical and legal strategies for overcoming them. It will also discuss the thorny issue of dealing with legitimate claims of comparative negligence in discovery or trial.

Presenters
Brian R. Wilson, Esq.
Brian was born and raised in Toronto, OH, a small town on the Ohio River. After graduating from Kent State University (1984) and Akron Law School (1987), he settled in Canton, OH, and has been a practicing Ohio personal injury attorney in Canton,...More
Program Agenda
1. BEFORE SUIT IS FILED

BOGUS CLAIMS OF COMPARATIVE FAULT (THE SHARPIE)



A. Low Limits Cases/Usually “Off The Shelf” Insurers



B. Motorcycle crash cases



C. PD cases



3901-1-07. Unfair trade practices



(C) Defined unfair practices

It shall be deemed an unfair or deceptive practice to commit or perform with such frequency as to indicate a general business practice any of the following:



(6) Not offering first party or third party claimants, or their authorized representatives who have made claims which are fair and reasonable and in which liability has become reasonably clear, amounts which are fair and reasonable as shown by the insurer's investigation of the claim, providing the amounts so offered are within policy limits and in accordance with the policy provisions;

(7) Compelling insureds to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them when such insureds have made claims for amounts reasonably similar to the amounts ultimately recovered;




2. AFTER SUIT



A. HOW DO YOU KILL IT?

1. Dig a bit deeper

• Police video example

• Independent Witnesses – you depose!!

• Preliminary Report From Expert



B. WHAT IF YOU CAN’T KILL THEM?

(THE “TATTOO”)



Ex: 5-10% contrib is no big deal, right?

WRONG!!



“Double Whammy” Effect: In cases of legitimate contrib, juries frequently return lower verdicts because they have wrongfully factored contrib into the damages/final number.



Translated: “We didn’t feel she was entitled to a lot of $$ because she was partially at fault.”



Ex: Jury returns a verdict of 70K on 30% contribution, thinking she’s entitled to 100K, but reduce it accordingly.



Net result: Your 71K verdict just got reduced to 49K.



That’s why you need to take claims of contrib seriously.



It’s like seeing one cockroach in your house.



Call the exterminator now!



3. THE TATTOO REMAINS

If you start to get the feeling after discovery that contrib is going to be an issue in your case, you need to start thinking about using it in Jiu-jitsu fashion re: subrogation!



Get adjuster/defense counsel to quantify it in writing.



Negotiations with subro carrier



“Bogus” or “in play”/”legit issue”

How To Attend
Join the live program from your office, home, or hotel room using a computer with high speed internet. You may ask questions, participate in surveys, and post comments from your computer during the program. Please note that credit (if available) is only provided to registered attendees participating at their own computer and phone. Simple instructions with a link to the program will be sent when you register and again the day before the webinar.

Click here to run an Adobe Connect Diagnostic Test to ensure your computer and network connections are properly configured. The test may take a few minutes to complete and if you have any problems, please refer to these troubleshooting tips.

Credit
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). Registrants in jurisdictions not listed below will receive a Certificate of Attendance/Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant attending the live program at their own computer and phone.

 Click on jurisdiction for specific details  
OH


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On-Demand Programs
“Looking For Fault In All The Wrong Places (And What You Can Do About It)” (Credit: OH)
Published on 2/28/2017
 
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