Disciplined in Sophisticated Defense and Insurance Litigation

April 15, 2016 | Publication| It's a Recovery: Opportunities to Recover Advanced Deductibles, LAE and Unpaid Premiums

Dean S. Rauchwerger, Diane Yamashita

This article originally appeared in the Spring 2016 edition of Litigation Management. Re-published with permission.

Insurance industry professionals are ever cognizant that in the case of deductible recovery and the like, we are recovering from our policyholder customers. While most deductible recoveries can be achieved amicably using a quality customer service approach, there are times when an Insured refuses to pay and legal intervention is required. Read the entire article here.

January 26, 2016 PublicationSmart Mediations: The Who, What and How of Successful Mediations

This was Ms. Miller’s first mediation of any significant matter.  She was nervous. She had practiced her opening in the hotel, pacing her room, countless times.  She was young, she was apprehensive, she was well prepared.  She had worked with her mentor and had outlined what it takes to mediate, and negotiate, well.

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October 01, 2014 PublicationIlluminating Fraud: Spotlight on Affirmative Litigation

Insurance companies are defensive by nature. The very concept of insurance is to indemnify losses, not to prevent them. When it comes to insurance fraud schemes, however, denying claims is not enough to avert the cost of ongoing illicit behavior. Sadly, fraudsters recognize that the insurance industry is generally not particularly effective in stamping out multi-claim fraudulent activity. Insurance fraud today requires insurers to be more proactive.

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May 01, 2013 PublicationExamination Under Oath: A Vital Tool in Examining Potentially Fraudulent Claims

SIU Manager, Ryan West, was used to the smell. You know the smell. It is scorched. It is bitter. It is the seemingly everlasting and sticky odor of smoke.  He's at the fire scene to take a recorded statement of Belinda Peters. Her house burned last night. Burned as she started frying some chicken for dinner.  Her attention was diverted from the stove while she took a call from her aunt in the Netherlands. Her story, to the fire department, is that she left the stove unwatched, unattended, for a mere minute.

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  • Diane Yamashita
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