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This publication is part of the Arbitration Law Database

Insurance Depositions - PDF eBook

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Cases involving insurance invariably concern one of two catagories: (1) coverage, i.e., its denial or existence and (2) bad faith. Insurance Depositions is devoted to a discussion and analysis of these two areas. It is directed toward insurance cases that are litigated in court and, although examples are employed in various types of insurance coverage, it should be noted that it is unimportant what type of coverage is being litigated, i.e., automobile, life and health, homeowners, professional liability or product liability; the approach to the litigation in all of these areas is identical. The elements to be considered in each case are (1) the insurance contract, if any; (2) the particular insurance code of the jurisdiction involved; (3) the case law of the jurisdiction involved; and (4) the available records and documents ensconced in the repository of the insurance company involved, i.e., manuals, correspondence, promotional material, advertising records, etc.


In the framework of the above four elements, which are only addressed tangentially, it is the purpose of Insurance Depositions to sketch, in broad outline, the tactical and strategic approach of effectively and efficiently gathering, eliciting, preserving and presenting testimony from potential witnesses. Accordingly, this text presents, out of the thousands of problems and pitfalls in insurance litigation, a glimpse of some of these problems and a possible method of handling and solving them. Insurance Depositions will generate insight and understanding of some of the problems; aid the practitioner in formulating solutions or approaches to the problems that confront him or her; and sharpen the practitioner's skills in gathering testimony in general.

Francis A. C. Sevier received his B.S., M.S., and Ph.D., in Mathematics from the University of Pennsylvania and his J.D. and L.L.M. from Temple University School of Law. A member of the Bar of the District of Columbia, Florida and the Supreme Court of the United States, recently retired from his Miami firm, Lanza, Sevier & O’Connor, he has practiced, for 40 years, predominantly in the areas insurance and medical malpractice. Throughout an active trial practice, as counsel in more than 300 jury trials, Mr. Sevier has taught, as an adjunct professor, at both the University of Miami School of Law and the School of Medicine. He has been host of a television series, Law and Modern Society, sponsored by the University of the Air; authored 4 books; and published numerous articles in insurance, forensics, abstract mathematics, medical malpractice, and medico-legal problems. As a guest lecturer, he has spoken at judicial conferences, medical society meetings, bar conventions, insurance seminars, continuing legal education programs and trial attorney forums. Mr. Sevier, who is listed in American Men of Science, Who’s Who in American Law and Who’s Who in The South, has been president of the Dade County Defense Bar Association; has served on the boards of directors of insurance companies, universities and commercial enterprises; has served as president of an insurance company engaged in writing liability coverage for members of the Florida Bar and as general counsel for another insurance company engaged solely in writing medical malpractice insurance. Mr. Sevier spends his time mediating medical malpractice cases, appearing as an expert witness in insurance matters and consulting.

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