Insurance Defense Pre-Trial Report

Insurance Defense Pre-Trial Report

Produces a structured, objective pre-trial report to an insurance carrier with honest risk assessment and actionable settlement/trial recommendations.

Required Inputs

1. Case file — pleadings, discovery, depositions, prior status reports
2. Trial date — confirmed date, judge, courtroom
3. Medical records — treatment history, IME results, pre-existing conditions
4. Expert reports — all retained experts (both sides)
5. Billing records — fees/costs to date, projected trial costs
6. Settlement history — demand/offer chronology, mediation results
7. Surveillance/impeachment materials — if obtained

Header Block

PRE-TRIAL REPORT

TO:      [Claims Manager Name and Title]
         [Insurance Company]
FROM:    [Attorney Name], [Firm Name]
DATE:    [Current Date]
RE:      [Insured] v. [Plaintiff]
         [Court and Case Number]
         Policy No: [Number] | Claim No: [Number]
         Date of Loss: [Date] | Trial Date: [Date]

Report Sections

Draft each section. Be direct — acknowledge weaknesses, quantify risks, avoid over-promising.

Damages Table

Verdict Prediction Summary

Defense Verdict Likelihood:   ___%
If Plaintiff Prevails:
  Low:    $___   Mid:    $___   High:   $___
  Comparative Fault Offset:   ___%
Recommended Settlement Range: $___  –  $___

Critical Rules

• Objectivity first — report may be discoverable in bad faith litigation; every statement must be accurate and defensible
• Acknowledge weaknesses — carriers need honest risk information for business decisions
• Don't force settlement — if the case is defensible, say so; if not, say that clearly
• Consistency with prior reports — explain what changed and why if recommendation shifts
• Quantify — percentages for liability outcomes, dollar ranges for verdicts, cost projections
• Flag coverage issues — note anything creating coverage disputes or bad faith exposure
• Jurisdictional specifics — comparative negligence thresholds, damage caps, forum-state rules

Checklist

• [ ] Case identifiers (policy, claim, case numbers) included
• [ ] Trial logistics and remaining deadlines covered
• [ ] Factual summary is objective and evidence-supported
• [ ] Venue/jury analysis with comparable verdict data
• [ ] Judge and opposing counsel assessed
• [ ] Complete cost analysis (incurred + projected)
• [ ] Liability analysis covers each element and defense
• [ ] Damages analyzed with ranges
• [ ] Expert testimony assessed for both sides
• [ ] Surveillance/impeachment evidence catalogued
• [ ] Outcome predictions realistic with reasoning
• [ ] Settlement recommendations specific with dollar ranges
• [ ] Defense weaknesses acknowledged
• [ ] Recommendations actionable with decision timeline