Reptilian Tactics: Litigating First-Party Insurance Cases
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 guide insurance counsel on applying the "reptile theory" in first-party insurance cases. Our panel will explore tactics used by counsel for insureds to leverage this litigation strategy, and steps insurers can take to neutralize them effectively. The panel will also discuss considerations in preserving for appellate review any challenges to using the reptile theory.
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
James T. Whalen, Jr.
Partner
Lewis Brisbois Bisgaard & Smith
Mr. Whalen is a partner in the New York office of Lewis Brisbois and a member of the General Liability Practice. He is... | Read More
Mr. Whalen is a partner in the New York office of Lewis Brisbois and a member of the General Liability Practice. He is one of the top trial attorneys in New York State and is perennially named to the Super Lawyers list by his peers based on his professional achievements. Mr. Whalen is on the Board of Directors of the Defense Association of New York, is a Member of the New York State Trial Lawyers Association, and is the Vice-Chairman of Lewis Brisbois’ Construction Accident/New York Labor Law Committee. He was recognized by New York Law Journal as having one of the best defense verdicts of the year and has had verdicts featured by VerdictSearch.
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Karen C. Stafford
Senior Member
The Cavanagh Law Firm
Ms. Stafford’s practice is primarily focused on insurance coverage, insurance bad faith litigation, general... | Read More
Ms. Stafford’s practice is primarily focused on insurance coverage, insurance bad faith litigation, general commercial litigation and appellate law. She advises clients on a wide range of complex insurance issues, including first party property claims, third party liability claims, and bad faith actions. Ms. Stafford has experience in all aspects of civil litigation and trial preparation.
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