Reptilian Tactics in First-Party Insurance Litigation: Lessons for Insurers
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statement, Cross-Examination, Closing Argument
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will offer trial strategies and best practices insurers can apply to neutralize an insured's use of "reptile" theory and tactics in first-party insurance litigation. The panel will also address what to do if the court overrules insurer challenges to reptile tactics and how to preserve the issues for appeal.
Outline
- Overview of "reptile" theory
- Generally
- First-party insurance cases
- Anticipating and preparing for the reptile theory
- Preventing the foundations for reptile arguments during depositions
- Disarming reptile themes and testimony at trial
- Practical considerations
Benefits
The panel will review these and other relevant issues:
- How does the application of reptile theory differ in first-party insurance cases?
- What preemptive steps can insurers and their counsel take to combat reptile tactics?
- What impact has the reptile theory had on insured's recoveries in first-party insurance cases?
Faculty
Dr. Ken Broda-Bahm, Ph.D.
Senior Litigation Consultant
Persuasion Strategies
Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past... | Read More
Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past 21 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, he has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
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Robert T. (Bob) Horst
Managing Partner
Horst Krekstein & Runyon
Mr. Horst is the Chair of the firm’s Insurance Industry Group. He focuses on insurance coverage disputes,... | Read More
Mr. Horst is the Chair of the firm’s Insurance Industry Group. He focuses on insurance coverage disputes, advice, and the defense of extracontractual suits against insurers. Bob has particular expertise and interest in the handling of matters involving property insurance, fine art insurance, business income, agent/broker litigation, trade credit, and class actions. His experience includes insurance cases in jurisdictions throughout the U.S., including national class action cases and high stakes “bad faith” litigation.
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Lauren M. Lundquist
Senior Litigation Counsel
Kaufman Borgeest & Ryan
Ms. Lundquist is an associate practicing in the areas of Skilled Nursing, Assisted Living, Home Care & Hospice and... | Read More
Ms. Lundquist is an associate practicing in the areas of Skilled Nursing, Assisted Living, Home Care & Hospice and Medical Malpractice Defense. She has extensive experience representing physicians, hospitals, nursing homes and various health care providers in a variety of matters.
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