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Jury Selection Strategies in Insurance Litigation: Key Issues for Trial Counsel in Bad Faith and Coverage Cases

Preparing for Voir Dire, Exposing Bias, Leveraging Strikes

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 9, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide attorneys litigating common bad faith or coverage issues with strategic techniques for jury selection. The panel will discuss preparing for voir dire, the practical usefulness of social media and questionnaires, juror profiles, dealing with tainted jurors, and avoiding common mistakes during voir dire.

Description

Jury selection is a critical element to winning a bad faith or coverage case. Counsel must uncover jurors with biases against his or her client on key issues, such as liability or damages. Prospective juror attitudes are usually based on their own experiences regarding such things as personal responsibility, what counts as fair or unfair conduct, or even broken promises.

Time-tested jury selection techniques help litigators develop insights into the attitudes of potential jurors, and thus identify those they do not want to serve. Ongoing jury science into how jurors decide cases and what attitudes are most impactful build on those techniques.

Listen as our authoritative panel discusses successful techniques in preparing for voir dire, eliciting potential biases among prospective jurors, and selecting a jury that will be most open to supporting a client's position in bad faith or coverage case.

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Outline

  1. Governing law
    1. Statutory rules
    2. Types of jury selection
  2. Jury selection in bad faith cases
    1. Claims handling
    2. Failure to defend
    3. Failure to settle within limits
  3. Jury selection in coverage cases
    1. Policyholder/assignee as plaintiff
    2. Declaratory judgment actions--insurer as plaintiff
  4. Supplemental juror questionnaires

Benefits


The panel will review these and other crucial issues:

  • How does one convince a judge to allow the use of juror questionnaires, and how are they best used efficiently and effectively?
  • Are there certain juror "profiles" to avoid in bad faith or coverage cases?
  • When might an employee of an insurer be a good juror for policyholders?

Faculty

Harris, Eliot
Eliot M. Harris

Member
Williams Kastner

Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general...  |  Read More

Ray, Robert E.
Robert E. Ray, J.D., Ph.D.

Chief Trial Consultant
Veritas Research

As a trial consultant, Dr. Ray brings a wealth of experience to the table, both as a trial consultant and as a trial...  |  Read More

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