The January workshop focused on disputed damages awards, the justification, and responses that do not offer an alternative liability theory or evidence.
The following key takeaways were shared during this workshop:
Disputed Damages Takeaways
- Base the disputed damages ruling on evidence provided, not the evidence you would like to have been given.
- Explain how the evidence-supported damages were awarded, regardless of awarding the full amount or a reduced amount.
- Remember, if total loss damages were not proven, you will need to adjust related damages, such as sales taxes, fees, and salvage recovery, even when not disputed.
- Avoid using template text; it does not convey that the case was thoughtfully considered.
- Address all arguments made.
- Craft your explanation to the party that did not prevail; why was their argument not supported?
- Resolve the dispute based on the arguments and evidence; do not “adjust the claim.”
- Apply the correct burden of proof, which is a preponderance of the evidence.
- Remember, if an Adverse party has made a prior payment and offers no alternative theory of liability, damages are not at issue.
- Consider the fact that Adverse party claiming their insured was not involved in a loss must offer evidence to support this defense, or it is not proven.