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Defense Perspective
The Law Offices of Frank F. Daily, P.A.
11350 McCormick Road
Executive Plaza III, Suite 704
Hunt Valley, Maryland 21031
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. Campbell, 334 Md. 381, 639 A.2nd
652 (1993).

What is best for the client?
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 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
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!)

•

Discuss terms with
opposing counsel!
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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7 a the fine art of negotiating a lead case hb lead-conf