How to stay cool in the deposition hot seat
Insurance adjusters are often called on to participate in depositions when a claim is being litigated. Do you know what to do?
For claims professionals, their jobs would be so much easier if every claim settled for the amount offered or if the policyholder agreed with the final decision on the claim. But the reality is that many claims are contested by policyholders, and adjusters are called on to justify their decisions regarding whether a claim is covered by a policy and what the amount of the loss is. When those claims escalate to litigation, adjusters may be required to participate in depositions, that is, the taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial.
Depositions are an important part of the pre-trial discovery process, set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party (defendant or plaintiff), a witness to an event, or an expert intended to be called at trial by the opposition. For claims professionals who have never been deposed, the first time can be nerve-wracking.
- What kinds of questions will the opposing attorney ask?
- How do I distinguish between fact and opinion?
- If I say the wrong thing, will my company lose hundreds of thousands or millions of dollars?
From a distance
When everyone is dealing with social distancing, restrictions on travel and safety issues related to COVID-19, the tension is increased because depositions are no longer conducted in-person in an attorney’s conference room. For adjusters and other insurance professionals who are used to being in the same room as the attorneys and the court reporter, the experience of a virtual deposition is quite different.
- How should the adjuster prepare for the deposition?
- How can the attorney protect the adjuster or other witness from an overly aggressive attorney for the other party?
- How does body language come across on video?
- Does the adjuster have to find a location other than a home office for the virtual deposition to ensure that the technology works correctly?
You’ll have the opportunity to watch a mock virtual deposition and get an idea of what it’s like on Wednesday, July 15, at 3 p.m. ET, when you register for the 2020 America’s Claims Executive Leadership Forum & Expo, and attend “Grace Under Fire: How to Stay Cool in the Deposition Hot Seat.”
The mock deposition will be followed by a panel discussion that I’ll be moderating featuring:
- Allan E. Burt, VP, Building Science, Building Health Sciences
- Scot G. Doyen, partner, Doyen, Sebesta and Poelma
- Lorelei (Lorie) Masters, partner, Hunton Andrews Kurth
- R. Wade Vandiver, AVP, senior corporate litigation director, Argo Group
Attendees will learn about the new issues raised by virtual depositions as well as some tips for how to be less uncomfortable during a deposition. You’ll also be able to ask questions of the panel members.
I’m looking forward to having you join me for this informative session. Be sure to register today at the ACE 2020 website.
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