By Robert I. Feinberg | Published October 28, 2016 | Posted in Personal Injury | Comments Off on Insurance Companies and Their Mistaken View of a Major Injury Case
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Insurance Companies and Their Mistaken View of a Major Injury Case
This is the second in a series of blogs regarding a federal case going on now between an excess insurer and a primary insurer. I have had a very close vantage point in this trial. The reason is because I was successful in trying the underlying case and now the excess insurer is saying to the primary insurer, ” Why didn’t you settle within the policy limits when you could have?”
How Insurance Companies Evaluate Cases
This will be the first in a 3 part series on how insurance companies evaluate cases. What goes on inside the mind of the company? What gets recorded in their files? The reason that I am able to speak with some degree of confidence on this topic is not simply because I’ve been a personal injury lawyer for 35 years.
Confusion, Complication, and Delay
What I have learned over the years from representing injured victims is that the old maxim of “keep it simple” makes a lot of sense. It should be followed. We, as plaintiffs, when presenting a case, want a very clear, coherent presentation of that case. I find that the other side, the defense, really the insurance company, has another view of things.
Breakdown In Communication
One of the most famous quotations in movie history is from Cool Hand Luke where the brutal prison warden says to the Paul Newman character, Luke, “What we have here is a failure to communicate.” Actually I believe what it might have been is, “What we got here is a failure to communicate.” Whether it was “have” or “got,” the point is that communication is key. Certainly in the attorney-client relationship, communication is of paramount importance.
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