A. Overview of Stowers Doctrine and Impact on Claim Handling
This presentation will educate attendees regarding the basic elements of a valid Stowers demand, including ethical obligations of insurers in responding to such demands.This discussion will also include a case law update for those attendees already familiar with the Stowers doctrine, a common law extra-contractual duty imposed on insurers under Texas law.Additionally, this topic will enhance attendees’ knowledge and understanding of necessary steps in evaluating potential exposure to excess judgments when faced with a settlement demand early in the case or on the eve of trial.
B. Handling Appeals After An Excess Judgment
This portion of the presentation will focus on what attendees should do when faced with a judgment in excess of the policy limits when there is potential Stowers exposure.This topic will provide an overview of the appellate process in state and federal court.The speakers will also address mandatory post-judgment deadlines, preservation of error for appeal, perfection of the appeal, suspension of the judgment, and post-judgment mediation and settlement.This portion of the presentation will also include a discussion of practical solutions and strategic considerations for insurers to take into account when they are faced with a verdict in excess of policy limits, including the ethical issues that arise during post-judgment mediation and in post-judgment settlement negotiations.
C. Stowers Trial
The final portion of the presentation will focus on the Stowers trial, which occurs after all appeals of the underlying claim are complete.The speakers will discuss the evidence admissible in a Stowers trial, including disclosure of the claim file, potential witnesses, and expert testimony.Additionally, the presentation will show sample jury questions from a Stowers trial, which will provide insurers further guidance on best practices when handling the underlying claim.
Preview the presentation here.
If you would like more information about this presentation, please feel free to reach out to one of the related attorneys or contact Marketing at [email protected].