Defense Perspective
The Law Offices of Frank F. Daily, P.A.
11350 McCormick Road
Executive Plaza III, Suite 704
Hunt Valle...
Defense Perspective
Negotiation

Evaluation
Should we
settle?
•
•

How much?
When?
Considerations
•

Liability

•

Damages

•

Coverage

•

Other factors
BUT FIRST ...

•

Who's the boss?

•

Remember who is the client!
•
•

•

Split allegiance
Allstate Insurance Co. v. Campb...
Liability Considerations
•

Very bad

•

Very good
Damage Considerations
•
•
•

lead levels
educational issues
occupational issues
Coverage Issues
•

Amount - enough to cover verdict?

•

Erosion/Impairment of policy

•

"Gaps" in Coverage
•

Penn Natio...
Settlement Amounts
•
•

Appropriate figure?
Implications of settlement
Large Settlement

Small Settlement
Is it all about the money?
No .....
No .....

•

Terms/Type of Release

•

Confidentiality

•

Structure

•

Liens (Beware...
Thank you!
The Law Offices of Frank F. Daily, P.A.
11350 McCormick Road
Executive Plaza III, Suite 704
Hunt Valley, Maryla...
7 a the fine art of negotiating a lead case hb lead-conf
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7 a the fine art of negotiating a lead case hb lead-conf

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HB Litigation Conferences Lead Litigation 2013

Published in: Health & Medicine, Technology
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7 a the fine art of negotiating a lead case hb lead-conf

  1. 1. Defense Perspective The Law Offices of Frank F. Daily, P.A. 11350 McCormick Road Executive Plaza III, Suite 704 Hunt Valley, Maryland 21031
  2. 2. Defense Perspective Negotiation Evaluation
  3. 3. Should we settle? • • How much? When?
  4. 4. Considerations • Liability • Damages • Coverage • Other factors
  5. 5. BUT FIRST ... • Who's the boss? • Remember who is the client! • • • Split allegiance Allstate Insurance Co. v. Campbell, 334 Md. 381, 639 A.2nd 652 (1993). What is best for the client?
  6. 6. Liability Considerations • Very bad • Very good
  7. 7. Damage Considerations • • • lead levels educational issues occupational issues
  8. 8. Coverage Issues • Amount - enough to cover verdict? • Erosion/Impairment of policy • "Gaps" in Coverage • Penn National Mutual Casualty Insurance Co. v. Roberts, et al., 668 F.3rd 106 (2012) • Other Litigation - More Erosion? • Notice to Client and Input from client
  9. 9. Settlement Amounts • • Appropriate figure? Implications of settlement Large Settlement Small Settlement
  10. 10. Is it all about the money? No ..... No ..... • Terms/Type of Release • Confidentiality • Structure • Liens (Beware!) • Discuss terms with opposing counsel!
  11. 11. Thank you! The Law Offices of Frank F. Daily, P.A. 11350 McCormick Road Executive Plaza III, Suite 704 Hunt Valley, Maryland 21031
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