The Fourth Man: Pre-Trial Concerns in Complex Insurance Coverage Litigation
Duration: 91 minutes
Preparing for the unexpected is the best way of ensuring that last minute revelations don’t ruin your case. This adage is particularly true in the brawling litigation of complex insurance coverage cases. These cases often pit the policyholder against its insurer while at the same time forcing the policyholder and its insurer to join forces to fend off liability claims from third parties. This maze of conflicting relationships creates difficult questions of privilege and work product protection. How these issues are managed in the early stages of a complex insurance coverage action can be outcome-determinative. Fortunately, experts Matthew Jacobs, on behalf of the policyholder, and Robert Fineman, on behalf of the insurer, help you navigate through the critical pre-trial issues of:
- Retaining coverage counsel
- Privileged communications and documentation
- Claims and underwriting files
- Lost or missing policies
- Case management and discovery phasing, and
(vi) experts and other witnesses
Complex insurance coverage cases present a great many unknowns, but attorneys Jacobs and Fineman showyou how to prepare for these unknowns through careful and considered planning of key pre-trial issues. The potential pitfalls rear up at the very earliest point in any coverage conflict – the initial decision to retain coverage counsel – and continue through the process of selecting the most advantageous forum, the initial demands for discovery and the corresponding assertions of privilege and work product protection, the hiring of experts, the search for lost or missing policies, and the decision whether to “phase” pre-trial discovery. At every point, whether you’re counsel for the policyholder or the insurer, you must properly manage these issues to avoid a misstep that could jeopardize your client’s positions throughout this complx litigation process. Only through proper preparation can you and your clients successfully fight yourmost treacherous opponent – the unexpected.
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