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Laura Foggan Discusses Litigation Strategy for Insurers

Law360
April 14, 2015

Laura A. Foggan, chair of Wiley Rein’s Insurance Appellate Group, was quoted by Law360 in an article published yesterday about litigation tips for insurers on how to successfully present a case in the courtroom without confusing jurors.

Ms. Foggan told the publication that it’s always best to present a straight-forward narrative and to avoid legal and industry jargon, whenever possible.

“One of the major challenges is thinking of how to present a paper-intensive case,” Ms. Foggan said. “Cases that are paper-intensive look technical. The last thing you want is to have a trial where it looks like the insurer is relying on a technicality.”

Similarly, when devising a litigation strategy, focus on the ideal outcome and base your strategy on that.

“If you start from the end—from the verdict form—and work backwards, that can serve as a road map to get you where you need to end up,” Ms. Foggan said. “That way, you can make sure each element of proof and each aspect of what the jury is going to be asked about is addressed. That also helps keep your eye on all the moving pieces, and to keep an eye on the record for appeal.”

To read the entire article, click here.