Sinkhole Coor dina Coor ting dina Counsel Project

Transcription

1 Sinkhole Coordinating Counsel Project

2 Sinkhole Coordinating Counsel Project Objective Enhance resolution of claims in accordance with insurance policy terms (the contract) Objective accomplished by: Expeditious payment of benefits to policyholders where litigation not necessary to resolve disputes For cases where settlement is the best resolution, early identification gets benefits to policyholder to allow for prompt remediation of sinkhole loss 2

3 Sinkhole Coordinating Counsel Project Objective Early identification of trial matters where necessary to assert rights & responsibilities of Citizens and policyholders under contract of insurance If trial required due to the nature of the dispute, case must be treated as such from initial stage in order to ensure proper posture for litigation Cases go to trial for matters where parties cannot agree on obligations under policy contract 3

4 Overview of Sinkhole Litigation Total Pending Sinkhole Lawsuits: 1819 Total Coverage A Exposure for Sinkhole Lawsuits: $615,277,897 Commercial Sinkhole Commercial llawsuits: 27 Exposure Commercial (Cov A): $93,315,800 Residential Sinkhole Residential Lawsuits: 1792 Exposure Residential (Cov A): $521,962,097 4

5 Focus of Sinkhole Coordinating Counsel

6 Focus of Sinkhole Coordinating Counsel Legal Research and Analysis to Shape Key Ti Trial lthemes and Appellate Strategy 20% Reviewing, Drafting and Providing Input on Motions, Responses, Trial Memoranda, Pre-Trial Submissions & Strategic Communication 12% Preparing for and Attending Pre-Trial Preparation Sessions With Defense Counsel and Citizens 12% Attending Strategic Meetings with Management, Legal, Litigation Managers, and Defense Counsel 17% Preparing for and Leading In-House Training Programs 7% Trial Attendance & Trial Prep Meetings with Defense Counsel and Witnesses 19% Attending Defense Counsel and Expert Witness Preparation and Mock Trial Exercises 13%

7 Preparing for and Attending Pre Trial Preparation Sessions 86 Pre Trial Preparation Sessions Coordinating Counsel has prepared for and attended 86 pre trial preparation sessions with defense counsel, Citizens staff and the Legal department to assist in: Formulating trial strategies; Selection of expert witnesses; Expert report compliance; Selection and preparation of Citizens corporate representative at trial; Pre trial submissions; Trial themes; Sttl Settlement tpositions; and Case specific legal issues. The preparation for each meeting is case specific, but leverages knowledge and strategy for all sinkhole litigation. Coordinating Counsel reviews the experts reports, pleadings, policies, witnesses transcripts, and defense counsel s status reports and evaluations in the individual cases, and provides input and guidance as to the strategy to reflect the unique factors in each case, while maintaining consistency in themes and strategies that are being successfully used in sinkhole litigation as a whole. The number of pre trial conference is a reflection of the large volume of trials set in Between now and the end of December 2013, there are over 150 sinkhole cases set for trial.

8 Mock Trial Exercises 21 Mock Trial Exercises One of the most effective ways to coordinate key themes andstrategies into each sinkhole trial is to conduct mocktrial exercises. Coordinating counsel has led 21 mock trial exercises in the preparation p of defense counsel, expert witnesses and corporate representatives. Mock trials have included all of the proposed participants in the defense case to assess their preparation, presentation effectiveness and grasp of trial themes and strategy. Attendance at mock trials has included: 8 Defense Firms (with the largest sinkhole litigation case load) 22 Individual Attorneys 24 Experts 7 Corporate Representatives

9 Trial Attendance 5 Trials il Coordinating Counsel has attended ddfive trials and has played an active role in trial preparation, and on the spot strategy decisions as the cases were being presented to the jury, including: Formulating trial themes and strategies; Preparing witnesses for trial; Working with defense counsel on presentations; Working on proper pre trial submissions; Assisting with juror selection; Making changes to trial ilstrategies during trial; il Recommending specific lines of questioning for direct and cross examination; and Approving demonstratives and exhibit selection.

10 In House Training Programs 3 Training Programs Coordinating Counsel has created training materials for and led three training programs. October 12, 2012: Post De Mello Roundtable Training. 30 defense counsel representing ten firms attended. Discussions of lessons learned from Citizens first sinkhole trial in five years and overall trial strategies that the firms should employ. Focused on defense firms working together as a collective team on Citizens behalf. November 15, 2012: Recorded Statement Training. 45 adjusters (both internal and contract) attended. Two three hour sessions. Taught adjustershow to take effective recorded statements for the use in litigation. March 6, 2013: Corporate Representative Training. 30 litigation specialists attended. Taught how to testify as a corporate representatives and a representative s role and responsibilities in the case.

11 Reviewing, Drafting and Providing Input on Key Documents Coordinating Counsel has taken an active role in reviewing, drafting, and providing input on key documents concerning important issues that defense counsel should take a unified approach on, including: Jury Instructions Verdict Forms Motions in Limine Trial Briefs Discovery Responses (i.e., seeking costs relating to corporate travel, depositions of CEO) Motions for Protective Order Plaintiff Attorneys Disqualification Denial Letters Repair Letters Motions for New Trials Motions for Attorneys Fees Final Judgments Strategic Directions to Defense Counsel and Citizens Staff

12 Appellate Strategy, Legal Research & Analysis Coordinating Counsel lhas worked kddirectly with Citizens appellate counsel to ensure defense counsel is provided guidance in order to preserve Citizens appellate positions, including on issues relating to: Summary Judgment Rulings Summary Judgment Rulings Jury Instructions Verdict Forms Trial Briefs Objections at Trial

13 Overview of Sinkhole Litigation Defense Costs Fees and Expenses: Year Incurred Number of Cases Total Litigation Defense Legal Fees Litigation Expenses Cost $2,183,008 $2,093,171 $89, $3,451,573 $3,388,196 $63, ,245 $3,765,651 $3,706,864 $58, ,977 $9,813,360 $9,473,215 $340,145 13

14 Cost Benefit Analysis Indemnity Average Paid Indemnity as % of Exposure Pre Project Number of Resolved Lawsuits Total Exposure (Cov A) Total Indemnity Paid Ave Paid Indemnity Per Lawsuit Paid Indemnity as % of Exposure $74,830,086 $58,652,436 $138, % (Jan $69,454,002 $55,105,584 $142, % Aug31) 237 $43,301,417 $29,488, $124, % Post Project September 1, 2012 March 8, $35,337,979 $20,896,746 $120, % 14

15 Cost Benefit Analysis Indemnity Realized Savings since commencement of Project (Sept 2012): Post Project Savings Savings Ave Paid Indem: $120,096 Pd Indem % Exp :59.13% Compared to 2010 Ave Paid Indem: $138,331 Pd Indem % Exp: 78.38% Compared to 2011 Ave Paid Indem: $142,392 Ave Paid Indemnity $18,235 / lawsuit Savings realized with Project: Paid Indemnity as % of Exposure 19.25% Savings realized with Project: $33,169,465 $118,440,995 $22,296 / lawsuit Pd Indem % Exp: 79.34% Savings realized with Project: Compared to 2012 (1/1 8/31) Ave Paid Indem: $124,425 Pd Indem % Exp: 68.10% $ 40,556, % Savings realized with Project: $124, $4,329 / lawsuit 8.97% Savings realized with Project: $7,874,451 Savings realized with Project $55,190,427 15

16 Cost Benefit Analysis Early Settlement / Defense Costs Projected Savings in Defense Costs as result of early evaluation/settlement Number of Cases Sampled (Settled ): 45 Total Defense Cost: $1,241, Total Months to Resolution 941 / Total Cases 45 = Ave Months to Resolution Total Defense Cost $1,241, / Total Months to Resolution 941 = $1, Ave Defense Cost per Month Assume settlement candidates indentified and resolved within 3 months: Reduction in months pending = 17.9 months ( ) Savings: 17.9 months x $1, average defense cost per month = $23, per case Projected Savings with implementation of early evaluation/settlement: Total Sinkhole Cases: 1819 Assuming 1/3 are early settlement candidates = 606 Cases Savings of $23, in defense costs per case for early evaluation/settlement X 606 Cases = $14,311,732 16

17 Cost Benefit Analysis Impact of Project on Sinkhole Litigation Sinkhole Litigation Issues ETR 4% Premature 14% Confirmed SH Repair Dispute 19% No Sinkhole Loss 28% No Sinkhole Loss 28% Confirmed SH Insured's Duties under Contract 35% Confirmed dsh Repair Dispute 19% Election to Repair Program Repair Dispute Confirmed SH 4% Insured s Duties 35% Premature (Suit filed prior to conclusion of coverage investigation) 14% 17

18 Cost Benefit Analysis Impact of Project on Sinkhole Litigation By Issue No Sinkhole Loss 28% of Pending Litigation (Approx 509 cases) Exposure (Cov A): $172,277,811 Is this issue likely to require trial? YES Is coordinated trial strategy critical to issue? YES Impact of Coordinating Counsel Projected Savings : Favorable Results Cov A Exposure Savings 25% Lawsuits $172,277,811 $43,069,453 50% Lawsuits $172,277,811 $86,138,905 75% Lawsuits $172,277,811 $129,208,358 18

19 Cost Benefit Analysis Impact of Project on Sinkhole Litigation By Issue Confirmed Sinkhole Policyholder Duties Under Contract 35% of Pending Litigation (Approx 637 cases) Exposure (Cov A): $215,347,264 Is this issue likely to require trial? YES Iscoordinated trialstrategy critical to issue? YES Impact of Coordinating Counsel Projected Savings: Favorable Results Cov A Exposure Savings 25% Lawsuits $215,347,264 $53,836,816 50% Lawsuits $215,347,264, $107,673,632, 75% Lawsuits $215,347,264 $161,510,448 19

20 Cost Benefit Analysis Impact of Project on Sinkhole Litigation By Issue Confirmed Sinkhole Repair Dispute 19% of Pending Litigation (Approx 346 cases) Exposure (Cov A): $116,902,800 Is this issue likely to require trial? YES Iscoordinated trialstrategy critical to issue? YES Impact of Coordinating Counsel Projected Savings: Favorable Results Cov A Exposure Savings 25% Lawsuits $116,902,800 $29,225,700 50% Lawsuits $116,902,800, $58,451,400, 75% Lawsuits $116,902,800 $87,677,100 20

21 Cost Benefit Analysis Impact of Project on Sinkhole Litigation By Issue Confirmed Sinkhole ETR Program Repair Dispute 4% of Pending Litigation (Approx 78 cases) Exposure (Cov A): $24,611,116 Is this issue likely to require trial? YES Iscoordinated trialstrategy critical to issue? YES Impact of Coordinating Counsel Projected Savings: Favorable Results Cov A Exposure Savings 25% Lawsuits $24,611,116 $6,152,779 50% Lawsuits $24,611,116, $12,305,558, 75% Lawsuits $24,611,116 $18,458,337 21

22 Cost Benefit Analysis Impact of Project on Sinkhole Litigation By Issue Structural Damage Emerging issue following 2011 statutory revisions and 2012 Policy language changes which h will likely l be rigorously tested in litigation *To date, 1 lawsuit pending on this issue 22

23 Application Beyond Sinkhole Overview of All Claims Litigation TtlP Total Pending Lawsuits: 11, Exposure for all lawsuits (Cov A): $5,204,011,758,, Commercial Litigation Commercial Litigation: 252 Exposure Commercial (Cov A): $1,101,600,416 Pending Lawsuits Excluding Sinkhole: 9,379 23

24 Claims Litigation All Claims Ca Litigation tgato Cause of Loss Fire 2% Other 16% Sinkhole 18.5% Sinkhole 18.5% Dropped Water 44% Object 65% 6.5% Wind/Hurricane 13% Wind 13% Water 44% Dropped Object 6.5% Fire 2% Oh Other Combined 24

25 Application Beyond Sinkhole Overview of All Claims Litigation Water Loss 44% Claims Litigation 11%* of Cov A Exposure: $54,516,283 Wind/Hurricane 13% Claims Litigation 4%* of Cov A Exposure: $41,941,283 Dropped Object 6.5% Claims Litigation 10%* of CovA Exposure: $6,184,622,6 Fire Loss 2% Claims Litigation 44%* of Cov A Exposure: $13,304, * Average Paid Indemnity as % of Exposure (Cov A) for Cause of Loss 25

26 Recommendations The following recommendations aremade based on this Cost Benefit Analysis: Authorize competitive solicitation for Coordinating Counsel services for all Citizens claims litigation Approve expenditures under existing contract for Sinkhole Coordinating Counsel services, at maximum of $100,000 per month, until Coordinating Counsel services for all claims litigation can be secured through competitive solicitation and Board approval 26

27 Addendum The figures in this presentation are imperfect. They are approximations based on available data as claim counts may fluctuate on a daily basis. Definitions Legal alfees: The aggregate of the attorney legal l fees paid in given time period. Litigation Expenses: The aggregate of non attorney fees expenses associated with litigation of a claim in given time period. Total Litigation Defense Cost: The aggregate of Legal Fees and Litigation Expenses paid in given time period. Coverage A Exposure: The sum of Coverage A Exposure for the claim count Total Indemnity Paid: Indemnity Paid on resolved claims for the life of the claim Average Paid Indemnity : Total Indemnity Paid divided by claim count in given time period Paid Indemnity as % of Exposure: Average Paid Indemnity divided by Coverage A Exposure Savings Ave Paid Indemnity: Average Paid Indemnity for given Pre Project time period less the Ave Paid Indemnity in given Post Project time period. Savings Realized with Project (Ave Paid Indemnity): Savings Ave Paid Indemnity for given time period multiplied by current pending claim count. Savings Paid Indemnity as % of Exposure: Paid Indemnity as % of Exposure for given Pre Project time period less the Paid Indemnity as % of Exposure in given Post Project Project time period. Savings Realized with Project (Paid Indemnity as % of Exposure): Savings Paid Indemnity as % of Exposure multiplied by current total Coverage A Exposure for current claim count. 27