Private Counsel: When Your Insurance Company Wants to Settle but You Don’t

Insurance companies are in the business of risk management. They employ a cost-benefit analysis in litigation. Their default approach is to cut a quick deal, cut their costs and move on. But sometimes, you or your company have valid reasons to fight back. The plaintiff’s claim may be frivolous. You might want to deter future litigation or to send a message. Or perhaps representation by an insurance company isn’t an option or the amount that the plaintiff seeks exceeds your insurance policy limit.

Whatever the details of your case involve, our legal team at Hunt Hunt & Winterbottom LLP is ready to take decisive action and fight on your behalf. Our Harvard-trained team provides unwavering, high-quality litigation services to clients throughout Orange County and Philadelphia. 

The Challenge of Fighting Frivolous Litigation

In many jurisdictions, courts are highly deferential to plaintiffs and to resolving matters on the merits rather than through motions practice. As a result, shutting down frivolous lawsuits, even when there are patently false claims, can be frustrating. The standard legal strategies often prove inadequate when seeking to dismiss frivolous claims. For example:

• Liberal standards for pleadings: The liberal standard for pleadings makes an early dismissal highly unlikely, and plaintiffs are nearly always allowed to amend their complaint.
• Allegations in the complaint are presumed to be true: When ruling on a demurrer or a motion to dismiss, which challenge the sufficiency of a complaint, courts generally treat allegations as true, regardless of their actual veracity.
• High standards for summary judgment: A motion for summary judgment will fail if the plaintiff can manufacture any triable issue of fact. 
• Motions to strike are inadequate: While a defendant can bring a motion to strike specific parts of a pleading that are irrelevant, false or improper, a motion to strike is not designed to evaluate the factual truth of a claim.
• High procedural barriers for malicious prosecution claims: For a defendant to succeed with a claim for malicious prosecution, they must overcome substantial procedural barriers.

Despite these challenges, fighting a frivolous claim or lawsuit is not impossible. Our attorneys at Hunt Hunt & Winterbottom LLP have developed an effective approach to these cases. We utilize calculated strategies that create discomfort for opposing counsel while focusing on building a methodical case for our client.

Cost-Effective Strategies for Conflict Resolution

In the world of litigation, when one side fights harder, it costs more to fight them. While litigation can be a war, our legal team at Hunt Hunt & Winterbottom LLP values efficiency. Working diligently, we focus on resolving conflicts in a cost-effective and timely manner. Therefore, they employ forward-thinking pressure rather than engaging in pointless fighting. Some of our purposeful tactics include:

• Gaining control of the narrative from the beginning
• Creating perjury traps for dishonest plaintiffs
• Building a record for potential malicious prosecution claims
• Applying targeted pressure through carefully crafted communications
• Using discovery to strategically expose the weaknesses of a case
• Reminding opposing counsel of their ethical obligations under CCP § 128.7(b)

Our attorneys at Hunt Hunt & Winterbottom LLP do not fight merely for the sake of fighting. As a cost-conscious team, we have a keen understanding of how aggression can offer clients a strategic advantage. However, we also remain mindful that sometimes restraint is the superior approach.

Proven Results: Ending the Litigation War

Our attorneys consistently force opposing counsel to reconsider their positions. Our deliberate strategies have caused lawyers to withdraw from cases or reassign cases to other attorneys after they exposed false sworn statements. By methodically documenting representations to the court, we have compelled plaintiff concessions. Our attorneys know when it is easier and more reliable to seek discovery from third parties rather than untrustworthy litigants, and we efficiently obtain the necessary evidence to undermine false claims. We utilize efficient and narrowly-tailored tactics for resolving frivolous cases. 

Consider a Different Kind of Defense

If you are facing litigation where the principles at stake matter more than a quick settlement, or you do not want to reward frivolous litigation with a payout, consider hiring our legal team at Hunt Hunt & Winterbottom LLP as private counsel. To schedule an initial consultation and case evaluation, complete the online form or call 949-617-0000 for our Irvine office or 215-488-1776 for our Philadelphia office.