September 23, 2019

Revisiting the Insurer’s Decision Tree Analysis Discussed in Last Tuesday’s Blog Post

Josh Fruchter
Last Tuesday, we published a blog post discussing how a flawed decision tree analysis led an insurer defending a wrongful death action to reject reasonable settlement offers, and then get hit with a nearly $40 million verdict and a $7.2 million judgment for breaching a Texas state law duty to..
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September 18, 2019

5 Ways Mediators Can Add Value to Hospital Communication and Resolution Programs

Josh Fruchter
We have previously discussed the growing trend towards implementation by hospitals of Communication and Resolution Programs (CRP). To recap, CRP’s aim to foster transparent communication with patients and their families following an adverse medical event, including: prompt disclosure of medical error; an explanation of why the medical error occurred, and..
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September 17, 2019

Insurer That Relied On Flawed Decision Tree Analysis Hit With $7.2M Judgment For Rejecting Settlement Offers After Failed Mediation

Josh Fruchter
The dynamic present in personal injury mediations is fairly straightforward. The defendant’s insurer (or the defendant, if self-insured) will estimate the risk of a jury verdict for the plaintiff on liability, and discount the likely damages by that risk to determine a reasonable settlement range. On the other side of..
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