Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 AUGUST 2024

Neutralizing Aftershock: Managing Claims In Response To Shock Verdicts

Wilson Elser Moskowitz Edelman & Dicker LLP
Explore more from Wilson Elser Moskowitz Edelman & Dicker LLP

Shock verdicts are generally recognized as awards exceeding $10 million that often defy rationale in relation to the evidence presented due to various factors.

United StatesInsurance
Karen L. Bashor
Karen L. Bashor
Elisa L. Wyatt
Elisa L. Wyatt
Author LinkedIn connections

Karen L. Bashor (Partner-Las Vegas, NV) and Elisa L. Wyatt (Of Counsel-Las Vegas, NV) collaborated on "Neutralizing Aftershock: Managing Claims in Response to Shock Verdicts," which appeared in the August 16, 2024, posting of Claims Journal. Shock verdicts remain on the rise nationally and remain newsworthy, despite the many defense verdicts. Shock verdicts are generally recognized as awards exceeding $10 million that often defy rationale in relation to the evidence presented due to various factors. Karen and Elisa define the characteristics of a shock verdict, offer guidelines for incident investigations, and address the preparation and follow-up actions in litigation that are essential to level the playing field in large-exposure cases. Their guidelines allow for the best posturing of cases and a meaningful determination about which future matters to take to trial so that they are more likely to obtain favorable defense verdicts and combat outsized verdicts.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI Regulation In Insurance: A Crossroads

As artificial intelligence development accelerates and safety concerns mount, state insurance regulators are advancing comprehensive examination frameworks to govern AI use in the insurance industry. The National Association of Insurance Commissioners nears completion of its AI Risk Evaluation Supplement, which will establish standardized oversight procedures for insurers' AI governance practices across market conduct and financial examinations.
United StatesInsurance
McDermott Will & Schulte
McDermott Will & Schulte
Article

Privacy, Cyber & Data Strategy Advisory | NAIC Summer Meeting Sharpens Focus On AI, Data, And Technology Governance

The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin
United StatesInsurance
Alston & Bird LLP
Alston & Bird LLP
Article

Agents Of Change: Amendments To Washington State Insurance Regulations Take Effect October 18

Washington's Insurance Commissioner has announced significant amendments to insurance claims handling regulations that will reshape how insurers investigate and process claims in the state. The changes, effective October 2026, introduce new requirements for mitigation approvals, investigation standards, and claimant communications that could substantially impact insurer operations and liability exposure. These regulatory updates come in response to a surge in consumer complaints and litigation, establishing
United StatesInsurance
Ballard Spahr LLP
Ballard Spahr LLP
Article

Don’t Try To Deny It: Federal Court Holds FCA Settlement Is Covered By Insurance

A federal court ruled that CNA must provide coverage for Guidehouse's $7.6 million False Claims Act settlement related to cybersecurity failures in New York's Emergency Rental Assistance Program portal. The decision addresses critical questions about when insurers can deny coverage for FCA settlements under professional liability policies, particularly regarding exclusions for fines, penalties, and deliberate acts.
United StatesInsurance
Crowell & Moring LLP
Crowell & Moring LLP
Article

Massachusetts Appeals Court Affirms Chapter 93A Liability For Delayed Disability Insurance Benefits

The Massachusetts Appeals Court examined whether an insurer's two-year delay in paying disability benefits constituted a violation of state consumer protection and insurance laws. Despite medical evidence describing the plaintiff's feet as paralyzed and functionally useless, the insurer repeatedly denied claims under a policy provision for total loss of use of both feet, arguing the plaintiff could still walk with assistive devices.
United StatesInsurance
Greenberg Traurig
Greenberg Traurig
Podcast

The CLO Chronicles — NAIC’s New Life RBC Factors Cross The Finish Line (Podcast)

The NAIC has spent four years overhauling capital requirements for life insurance companies' investments in collateralized loan obligations, introducing dramatic changes that will reshape how insurers allocate capital across their investment portfolios. These new rules, which account for credit spectrum positioning and tranche thickness for the first time, will force insurers to model significant impacts before year-end 2026 implementation.
United StatesInsurance
Mayer Brown
Mayer Brown
Article

Is Your PFAS Coverage At Risk? An Ohio Federal Court Ruling Opens The Door To Broader Insurer Denials

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.
United StatesInsurance
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

SB 54 Is In Effect: What California’s New Packaging Law Means For Your Business

Although being challenged by an injunction filed on August 20, 2026, by a coalition of 17 states, California’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act is now in effect, and companies that sell, distribute, import, or ship packaged products into California should be evaluating whether they have compliance obligations.
United StatesPrivacy
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

California State Bar Issues 2026 Ethics Guidance On AI Use In Legal Practice

Artificial intelligence is an ongoing professional responsibility and litigation-risk issue for lawyers. The California State Bar recently published new guidance. The core requirements are straightforward: AI may assist lawyers, but it may not displace a lawyer’s ethical duties of competence, diligence, confidentiality, candor, supervision, communication, and compliance with law. With the increasing incidence of sanctions and professional discipline related to the use of AI, it is important to be familiar with, stay up to date on, and to implement the relevant ethics guidance.
United StatesTechnology
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Navigating Ex Parte Contact With Health Care Providers In Medical Malpractice Litigation

In Snyder v. Virginia Mason Medical Center, No. 104136-5 (Wash. Oct. 1, 2026), the Washington Supreme Court held that corporate defense counsel, risk managers, and claims adjusters may not communicate ex parte with a hospital’s former employee health care providers about patient care. The Court reaffirmed Loudon v. Mhyre, 110 Wn.2d 675, 756 P.2d 138 (1988) prohibiting ex parte communication by defense counsel with a plaintiff’s treating physicians, held that prejudice is presumed when Loudon is violated, and ruled that a quality improvement (QI) committee member’s involvement in defense strategy waives the committee’s statutory privilege under Wash. Rev. Code § 70.41.200.
United StatesFood, Drugs, Healthcare, Life Sciences
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

California Closes The Third-Party Data Gap In The CCPA Right To Delete: What SB 923 Requires, From Whom, And When

On September 27, 2026, Governor Gavin Newsom signed Senate Bill 923 (Chapter 482, Statutes of 2026), known as the Expanding Privacy Rights Act. The law amends two provisions of the California Consumer Privacy Act (CCPA): (1) the right to delete (Civil Code § 1798.105); and (2) the methods for submitting consumer requests (Civil Code § 1798.130). The legislation was authored by Senator Josh Becker (D-Menlo Park) and sponsored by the California Privacy Protection Agency (also known as CalPrivacy). This amendment takes effect January 1, 2027.
United StatesPrivacy
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Humanoid Robots In The Home – A New Frontier For Product Liability And Privacy Claims

Humanoid robots are entering American homes at an unprecedented pace, with companies like Figure AI, Unitree, and Tesla deploying AI-powered machines capable of learning and adapting in real time. As these autonomous devices become commonplace, outdated legal frameworks governing product liability, privacy protections, and insurance coverage face mounting pressure to address novel risks ranging from physical injuries to unauthorized biometric data collection.
United StatesConsumer Protection
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Employment Tip Of The Month – October 2026

There are currently 19 states that legally require employers to permit employees (and sometimes former employees) to view and/or obtain a copy of their personnel file. As of November 8, 2026, that number will increase to 20, when New York’s recently enacted Personnel Records Access Law goes into effect. The majority of states have no law requiring access to personnel files and there is no federal law that confers on current or former employees a statutory right to access their personnel files.
United StatesEmployment and HR
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

HUD Issues New Guidance On Emotional Support Animals Under The Fair Housing Act

The U.S. Department of Housing and Urban Development (HUD) withdrew its 2013 and 2020 guidance on assistance animals in fair housing on September 17, 2025, sowing confusion among housing providers over the provisions of the Fair Housing Act (FHA) concerning reasonable accommodations in its absence. The wait for new direction under HUD on this pressing issue is over, as HUD issued its new enforcement guidance on assessing the use of animals as reasonable accommodations on May 22, 2026.
United StatesReal Estate and Construction
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP