The measures Plaintiff attorneys are endeavoring to follow to set carriers up for bad faith claims in Florida is extraordinary. The lawyers of Shendell & Pollock have therefore focused upon strategies to assist claims handlers should their depositions be noticed in an insurance coverage dispute, primarily where there are allegations of bad faith. Since the claims handler may be both a fact witness and the insurer’s corporate representative this may end up being the pivotal deposition in the case that can be case determinative.
Why, because the claims representative knows how the claim was investigated and adjusted and the carrier’s basis for the issuance of any reservation of rights communications. The claims representative will also have knowledge of the specific documents and information to determine the investigation and evaluation of the claim value.
Moreover, the deposition performance of the claims representative is the opportunity to send strong signals to policy holders of the professional and reasonable approach that went into the investigation and evaluation of a particular claim. Strong credibility can be built by a claims representative showing the knowledge of the claims file and the understanding of manuals and procedures, which is critical to demonstrate to the plaintiff’s counsel.
Our attorneys are frequently asked to provide webinars and other presentations for insurers regarding deposition strategies for a claims hander’s deposition. To that end, our presentations focus upon a review of the communications between the claims handler and insurance counsel and communications that may come under the attorney-client privilege or work-product doctrine. We review the scope of claims representative’s testimony I coverage vs. bad faith claims, documents to review before depositions, what testimony to present the claims representative in the most favorable light to the case, and evidentiary protections such as communications and documents that may fall under the attorney-client privilege.
If you have any questions or would like further information as to how we can assist you, please contact Gary R. Shendell at gary@shendellpollock.com
