So just what do juries think whentasked with evaluating the insurance company as adefendant? 

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 and products. Jurorsdon't begrudge the corporation a profit, but making a profit off ofthe public creates special obligations to the 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. The assumption is that theinsurance company is untrustworthy and has wronged theplaintiff.

2.  Premiums Will Automatically Rise If AnAward Is Made

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 own 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 a longer time.

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 claim vs. theamount of coverage available for a claim. Jurors (and mostplaintiff attorneys) view the policy as a contract guaranteeing aspecific amount of money for all losses and if not paid, wonder whythe insurer isn't paying the amount bargained for; that the failureto pay full policy limits, in other words, automatically equates tobad faith.

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 evaluating the risks and rewards offuture litigation. Meanwhile, think of each new claim as anopportunity to educate a potential juror.