Types of Attorneys
Lawyer retained by the insurance carrier (adjuster) when litigation is filed on a claim
What is Defense Counsel
Best Practice: Mediator meets with counsel prior to mediation to ask/answer questions
What is pre-mediation call
Collaborative, cooperative ADR (required before trial in some states)
What is mediation
When the trigger for a loss is not met
What is no coverage (coverage disclaimer)
non-economic damages (claimed in a demand)
What is pain and suffering
Lawyer retained to review the policy language, conditions, exclusions, endorsements (can be for the insurance carrier or for the policyholder)
What is Coverage Counsel
Mediator line of questioning intended to test the (trial) durability of legal theories and motivate parties to settle
What is reality-testing
The pre-hearing correspondence (usual confidential) sent to the mediator
What is a position statement (mediation brief)
Standard by which negligence is measured
What is Duty (owed, breached)
medical bills and lost wages
What is/are special damages (economic damages)
Employee of the insurance company, provides legal advice and oversees litigation when the company is named in the suit
What is Claims Counsel
Influencing negotiations by appealing to a parties' interests
What is psychology
Mediator with specific background/experience in a type of case
What is a subject matter expert
Determination that an act or omission caused a loss
What is causation (proximate cause)
Narrative with details of a loss (used for evaluation or teaching)
What is a fact pattern
This lawyer anticipates and identifies legal issues and counsels officers of the insurance company and upper management in order to develop legal strategies and solutions.
What is General Counsel
Layer above the primary policy limits
What is excess (umbrella) coverage
Entering into negotiations with no intention of settling (under false pretenses)
What is bad faith (negotiating)
Recreating /reconstructing a loss to determine what happened, how and why it happened (also may determine who is at fault and to what degree)
What is investigation
Report from Defense Counsel to the adjuster outlining the facts, applicable law, strengths/weaknesses of a case and other considerations... before settlement or trial
What is a pre-mediation or pre-trial report (case evaluation)
Lawyer who drafts commercial agreements, coverage forms
What is Corporate Counsel
Diverse neutrals on rosters and lists seek
What is selection
More than one defense attorney working up a case for mediation or trial
What is litigation teams
Subject matter expert used to testify for support of a position in a litigated matter
What is a (testifying) expert
A case is worth...
What is: What It Settles For