Knowing how an insurance company looks at lawsuits that result after a claim is denied is valuable. The State Bar of Texas, Insurance Law Section, publishes a journal called Journal of Insurance Law. This Journal recently published an article discussing how lawyers who have insurance companies as clients, look at lawsuits that result from a claim being denied.
This third part of the article discusses the depositions of a corporate representative, the adjuster, and looks at experts.
Corporate representative depositions are make-or-break propositions. Sometimes, that choice is out of the hands of the insurance lawyer and many insurance carriers have identified particular employees for whom giving testimony on behalf of the company is part of their job description. He or she should also have an unflappable demeanor. In addition to selecting the right witness, it is important to ensure that the deposition topics are narrowly tailored and stated with “reasonable particularity.” It is useful to have a conversation with opposing counsel to clarify vague topics and to limit overly broad ones, as both parties have an interest in a shared understanding of the topics at issue and bringing a knowledgeable and well-prepared representative to the deposition. When deciding whether to involve the court, it is important to familiarize yourself with the case law on both federal and state requirements to protect your client from improper corporate representative deposition notices. For instance, depending on the jurisdiction, it may be prudent to move for a protective order instead of simply objecting to proposed topics. Once the deponent is selected, preparation is paramount. It is prudent to first have fact-gathering meetings. Since a corporate representative is obligated to present the information that is available to the company, it is useful to outline what information needs to be gathered and by whom. After those meetings are accomplished, it is then prudent to schedule at least two face-to-face meetings with the deponent. These sessions should allow for time to practice with mock cross-examination. This is important for experienced deponents as well as rookies.