HB Litigation Conferences Lead Litigation 2013

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. Defense Perspective
Negotiation
Evaluation

3. Should we
settle?
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How much?
When?

4. Considerations
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Liability
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Damages
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Coverage
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Other factors

5. BUT FIRST ...
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Who's the boss?
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Remember who is the client!
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•
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Split allegiance
Allstate Insurance Co. v. Campbell, 334 Md. 381, 639 A.2nd
652 (1993).
What is best for the client?

6. Liability Considerations
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Very bad
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Very good

7. Damage Considerations
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lead levels
educational issues
occupational issues

8. Coverage Issues
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Amount - enough to cover verdict?
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Erosion/Impairment of policy
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"Gaps" in Coverage
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Penn National Mutual Casualty
Insurance Co. v. Roberts, et al.,
668 F.3rd 106 (2012)
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Other Litigation - More Erosion?
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Notice to Client and Input from
client

9. Settlement Amounts
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Appropriate figure?
Implications of settlement
Large Settlement
Small Settlement

10. Is it all about the money?
No .....
No .....
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Terms/Type of Release
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Confidentiality
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Structure
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Liens (Beware!)
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Discuss terms with
opposing counsel!

12. Thank you!
The Law Offices of Frank F. Daily, P.A.
11350 McCormick Road
Executive Plaza III, Suite 704
Hunt Valley, Maryland 21031