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Winning at All Costs: Social Inflation and “Reptile” Tactics Resulting in Escalated Verdicts

Acuity East Coast Claims Professional Training (Home Office Executives and Claims Professionals on the East Coast)

Date: May 17, 2022
Location: Philadelphia, PA

Partners Joe Baiocco (White Plains, NY) and Wendy Testa (Philadelphia, PA) were invited by firm client Acuity Insurance to participate in its East Coast Claims Professional Training taking place in Philadelphia, Pennsylvania, on May 17, 2022. They will present to a senior management and claims professional audience on an industry hot topic: “Winning at All Costs: Social Inflation and ‘Reptile’ Tactics Resulting in Escalated Verdicts.” Joe and Wendy will lead an interactive discussion on what really constitutes a “win” and at what cost is it achieved. Claims professionals often are faced with “winnable” cases – cases where the underlying claims against the insured are weak or where coverage is questionable at best. In those situations, a claims professional has to engage in a balancing act to achieve the best outcome while combating external factors, such as the opposing counsel’s Reptile litigation strategy. Preparation for and anticipation of opposing counsel’s reptilian tactics during litigation is key to defense litigation and a successful outcome. Should the company insist on trying a weak case against an insured or enter into a settlement? Where coverage is questionable, should the company defend, deny or bring a declaratory relief action? When and how hard should the company assert a position to establish an important precedent or combat Reptile strategy and social inflation resulting in escalated verdicts?

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