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, attorney Tyler Hunt is ready to take decisive action and fight on your behalf. A Harvard graduate, he founded his firm, the Law Office of Tyler Henry Hunt, in Irvine, to provide unwavering quality litigation services to his clients throughout Fullerton, Irvine and Orange County. 

The Challenge Of Fighting Frivolous Litigation

California is 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. Attorney Hunt has developed an effective approach to these cases. He utilizes tactics that create strategic discomfort for opposing counsel while focusing on building a methodical case for his 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, attorney Hunt values efficiency. Working diligently, he focuses on resolving conflicts in a cost-effective and timely manner. Therefore, he employs strategic pressure rather than engaging in pointless fighting. Some of his strategic 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
• Strategic reminders to opposing counsel of their ethical obligations under CCP § 128.7(b)

Attorney Hunt does not fight merely for the sake of fighting. As a cost-conscious litigator, he has a keen understanding of how aggression can offer his clients a strategic advantage. However, he also remains mindful that sometimes restraint is the superior approach.

Proven Results: Ending The Litigation War

As a strategic litigator, attorney Hunt’s tactics consistently force opposing counsel to reconsider their positions. His strategies have caused lawyers to withdraw from cases or reassign cases to other attorneys after his work exposed false sworn statements. By methodically documenting representations to the court, he has compelled plaintiff concessions. Attorney Hunt knows when it is easier and more reliable to seek discovery from third parties rather than untrustworthy litigants, and he efficiently obtains the necessary evidence to undermine false claims. Attorney Hunt utilizes 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 the Law Office of Tyler Henry Hunt as private counsel. To schedule an initial consultation and case evaluation, you can call 310-695-7945 or send an inquiry through the firm’s website form.