Vince Vitkowsky on Insurance Coverage for Civil Unrest
Civil unrest. Peaceful protests. Massive marches. Riots. Looting. Which of these things are not like the other? Recent social outrage over police shootings of Black people — these events in particular — have sent people to the streets by hundreds of thousands. In some cases these constitutionally protected activities are followed by property damage, injury and death. Observers continue to debate who is responsible for the violence. Whatever the answer, as a very practical matter, someone has to pay for the property damage.
Join me for my conversation with Vince Vitkowsky of Gfeller Laurie LLP. Vince possesses deep knowledge of insurance coverage matters, representing carriers in a variety of areas, e.g. cyber risk, data privacy, general liability, directors and officers liability, health, and more. He combines his experience as a veteran insurance and reinsurance lawyer with a strong background in terrorism and national security law.
This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Vince is , please drop me a note at Editor@LitigationConferences.com.
I hope you enjoy the interview, and how deftly we obscured the fact that Vince lives in New York City.
Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar
Settlement Psychology Who's in charge? Homer Simpson or Mr. Spock? Cognitive obstacles to finding common ground. Complimentary On-Demand Webinar From HB! 1 CLE credit CLE questions? CLE@LitigationConferences.com Questions for speakers? Questions@LitigationConferences.com SPEAKERS Jeff Trueman Mediator / Negotiator John Philip Miller Baltimore City Circuit Judge (ret.) This course is also available via the West LegalEdcenter. Improve your negotiation strategy and outcomes. Mediator, arbitrator and settlement conference neutral Jeff Trueman says the lawyer’s mind can sometimes play tricks on them when it comes time to settle a claim. “The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, ‘What’s the case worth?’ For mature torts there is enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a certain settlement range. In the midst of these discussions, the human brain plays tricks on us. For example, litigators sometimes assume that their trial experience can determine how jurors will negotiate with one another and resolve factual discrepancies after closing arguments. This assumption is a ‘heuristic’ – a cognitive shortcut called attributional error or illusion of control.” Backed by his decades of psychological and economic sciences research, Trueman says there is a lot of room for attorneys to change their mindset when moving into settlement mode. Litigation Chicken “When differences over case value intensify, litigators return to threats of relinquishing control: ‘Maybe we have to try this case;’ or ‘We feel good about our chances in front of a jury.’ Underneath the games of litigation chicken that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk.” He says attorney would be well served, and would serve their clients well, if they make adjustments depending on their role at a given point in the process. “Many lawyers default to their role as advocates for legal rights without considering the quality of counsel they give to clients regarding risk management. This plays [...]