Do you ever think about managing a case to trial while preparingto take the initial recorded statement of an insured? Most claimsprofessionals do not, and once litigation is initiated and the'powers that be' decide to move forward with trial, all of a suddenthe judge is not the most important person in the courtroom toinfluence…it is the jury.

Just what do juries think when tasked with evaluating theinsurance company as a defendant?

1. Insurance Companies Represent Big, BadCorporate America

People work for corporations, own stock in them, buy theirproducts and services, and have serious concerns about corporateconduct and the power they possess. Most people want corporationsto thrive and to continue to produce both jobs andproducts. Jurors don't begrudge the corporation a profit, butmaking a profit off of the public creates special obligations tothe public.

The public wants to be able to trust that their insurancecompany will be there for them when they need it. When an insurancecompany is a defendant, a juror will immediately wonder what theinsurance company did wrong and why. Jurors are remarkably facileat separating an individual from the larger ethic of thecompany. The assumption is that the insurance company isuntrustworthy and has wronged the plaintiff.

2. Premiums Will Automatically Rise If An Award IsMade

Many jurors are skeptical that the plaintiff's claimed damagesare real, and even when they believe that a plaintiff is damaged,they may be reluctant to render adequate compensation because theyworry that doing so will raise their insurance premiums.

3. Insurance Companies Always DenyCoverage

Everyone has either had a claim denied or knows someone whoseinsurance claim was denied. The story is always a 'horror story'and the insurance company is the big villain.

4. Insurance Companies Use Delay As ATactic

Delay, Delay, Delay. Most jurors have had experience in makingclaims of their own (or hearing the 'horror stories' of friends andfamily). A common complaint is the insurance company did not actquickly; the adjuster did not return phone calls or emails rightaway; or the payment of the claim took months. Most people thinkthat the reason for the delay is to discourage claimants frompursuing a claim, to hurt claimant's cases, and to keep the moneyin the insurer's big, deep pockets for longer.

5. Insurance Companies Thwart Policy LimitsPayments At All Costs

Many jurors have policies of their own and bargain for theamount of coverage they wish to pay for. Claims professionals knowthere is a vast difference between the value of a claimversus the amount of coverage available for a claim.Jurors (and most plaintiff attorneys) view the policy as a contractguaranteeing a specific amount of money for all losses and if notpaid, wonder why the insurer isn't paying the amount bargained for;that the failure to pay full policy limits automatically equates tobad faith.

Today's Takeaway

While it is trial counsel's job to sift through the jury poolvia voir dire, it is imperative that claims professionalsunderstand what jurors think about insurance companies. Knowingwhat to expect at trial is integral to properly investigating aclaim, determining value and of course, evaluating the risks andrewards of future litigation. Meanwhile, think of each new claim asan opportunity to educate a potential juror.