Lugar de Noticias Haynes and Boone
Trial Strategies in Insurance Coverage Lawsuits: Practical Advice for Policyholder Lawyers
Werner A. Powers, Britton Douglas
Trying insurance coverage cases is exciting and rewarding. The insured has often endured a stressful event and then a protracted insurance coverage dispute. The insured purchased insurance to protect it from the unexpected. When the unexpected occurred, the insured called on its insurer and the insurer did not answer. Trying insurance coverage cases gives you an opportunity to help right a wrong.
Although many insurance lawyers think that insureds have the upper hand in insurance coverage trials, trying insurance coverage disputes on the insured’s behalf brings with it numerous difficulties not present in other cases. Policyholder lawyers should utilize trial strategies that take advantage of the general public’s frustration with insurers, while combating the difficulties associated with the insured’s position. That said, a lawyer’s trial strategies are largely case specific. Insurance coverage cases are no exception. This article’s purpose is to provide some essential considerations that hopefully allow policyholder lawyers to spot important issues early in their trial preparation.
Excerpted from chapter 4 of State Bar of Texas 8th Annual Advanced Insurance Law Course, April
14-15, 2011. To read the full paper click on the PDF linked below.
PDF - Trial_Strategies_Insurance_Coverage.pdf