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