Defense Perspective

The Law Offices of Frank F. Daily, P.A.11350 McCormick Road

Executive Plaza III, Suite 704Hunt Valley, Maryland 21031

Defense Perspective

Evaluation

Negotiation

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 .....

• 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 704Hunt Valley, Maryland 21031