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Practice Areas: Insurance Litigation

 

Juror Attitudes Toward Insurance Companies

Trial Behavior Consulting has conducted a number of studies designed to uncover the various attitudes and expectations jurors have about insurance companies that can impact litigation. Some of the attitudes include:

Only one out of ten jurors reports hearing positive publicity about insurance companies.
Claims should be processed in six months or less. Any longer is unacceptable.
Insurance companies put their own financial interest ahead of those of their policy holders.
The majority of jurors want to see insurance companies more strongly regulated.

Strategically designed questions can be helpful in identifying strikes and cause challenges in an insurance-related case. For example, the following juror comments are in response to the question, "If an insurance company is sued by a policyholder, do you think the insurance company has probably done something wrong?"

"Maybe the policy was not clearly explained to the policy holder."

"A suit will arise if the insurance company did not live up to its agreement."

"Yes, only because why would someone go through the trouble of suing." "There would not be a lawsuit unless something went wrong."

"Why else would they be sued?"

"If they wouldn't have done anything wrong they wouldn't get sued."

We have extensive experience in insurance litigation, including insurance bad faith and insurance coverage. We have also presented our research findings at conferences for several legal associations including the Defense Research Institute and the American Bar Association. One of our recent cases involved a re-trial of a complex insurance case stemming from the Northridge earthquake in southern California. The first jury had returned a multi-million dollar verdict. Once a new trial team was brought in, they mock tried the case with us. We also assisted in jury selection. In the retrial, the jury returned a defense verdict. (For more details on this case, click here.)

 

DISCLAIMER: None of the information on this page or anywhere else on the Trial Behavior Consulting Web site is intended as legal advice. If you need legal advice, you should consult an attorney licensed to practice law in your state.
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