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There's no doubt that recent years have seen a rise of jury awards across the tort claim spectrum, a trend that's rattling insurers to the core.

Lawyers and insurance executives say the surge of multimillion-dollar awards reflects the plaintiffs bar's systematic approach to generating revenue.

"They discovered that instead of blaming the individual driver, they could blame the employer or company [by saying] he was overworked or insufficiently trained or something," said Jim Lynch, chief actuary and senior vice president of Insurance Information Institute, a national industry association based in New York.

But attorneys on the other side say insurers are the ones responsible for the mega verdicts. Plaintiffs counsel say insurance companies attempt to hold on to their money, so it collects interest until the last moment.

"They're very often not willing to resolve the case, as we put it, until we see the whites of their eyes," said Ronald Weil of Miami firm Weil Snyder & Ravindran.

But both sides agree on one thing: Anger is a major factor in insurance-related litigation.

"Plaintiffs attorneys have changed the way they try cases," said insurance defense attorney Robert F. Tyson Jr., managing partner of Tyson & Mendes in California. "They used to go for sympathy—and it will still get them paid—but now the big paydays come from anger. They are motivating the juries to action through anger."

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Natural adversaries, insurance companies and plaintiffs attorneys, appear stuck in an endless game of chicken.

 

Incoming! Insurance Defense Lawyers Talk 'Nuclear Verdicts'

"The tactic is to demonize the defendant, no matter who it is, so the jury wants to punish them and send a message," said Holland & Knight partner Laurie Webb Daniel.

 

 

Stemming the Tide of Social Inflation

Defense attorney Robert F. Tyson Jr. believes insurance companies have the power to do away with nuclear verdicts.

 

 

'Anger' and 'Defensiveness' Cost Insurance Companies Millions: 3 Tips for Avoiding a Jury's Punishment

When it comes to so-called "nuclear verdicts"—or "social inflation" in the insurance industry—hindsight is 20/20, as a survey of the highest payouts in motor vehicle accident and premises liability cases across the Southeast U.S. reflects.

 

Tort Reform Capping Nuclear Insurance Verdicts Stymied by COVID-19

With the COVID-19 outbreak shuttering courts nationwide, defense lawyers and insurers are likely to enjoy a respite from the much-ballyhooed spate of multimillion-dollar "nuclear verdicts" that have sent waves of lobbyists to state legislatures hoping to stem the tide.

 

These Lawyers Won Some of Biggest Verdicts and Settlements in the Nation. What's the Magic Sauce?

Many other factors affect a jury's award, according to plaintiffs lawyers who won big in premises liability and motor vehicle accident cases across the Southeast United States in 2019.

 

'Reptile' Co-Author Don Keenan Says Big Verdicts Reflect Justice

After more than a decade of training lawyers in the art of persuading jurors that tortfeasors' actions are more than isolated incidents, attorney Don Keenan—co-progenitor of the "Reptile theory" of plaintiffs advocacy—shrugs aside accusations that his techniques are unscrupulous and trample the rules of evidence.