When Insurance Becomes the Real Defendant
Frank S. Gaudio of Miller & Gaudio P.C. examined the often-overlooked role insurance companies play in serious injury litigation in his article, “When Insurance Becomes the Real Defendant.” Gaudio explains that although a lawsuit may formally name an individual or business as the defendant, an insurer can significantly influence how the case develops from the time a claim is reported.
The article describes how insurers evaluate potential exposure, appoint defense counsel, set reserves, assess case value, and influence decisions involving defenses, litigation strategy, settlement, and trial risk. Gaudio also highlights the importance of insurance coverage to plaintiffs, noting that policy limits, exclusions, endorsements, notice requirements, and other coverage provisions can affect the recovery that may ultimately be available.
Gaudio further discusses how coverage disputes can develop alongside the underlying injury claim and how an insurer’s handling of a claim may create additional legal issues, including potential bad-faith claims in jurisdictions that recognize them. For plaintiffs, he emphasizes the importance of identifying applicable policies early, understanding how multiple policies interact, and monitoring insurer conduct throughout litigation.
The coverage underscores how insurance considerations can shape serious personal injury and medical malpractice cases beyond the issues visible in the lawsuit itself.
Miller & Gaudio P.C. continues its work handling complex legal matters for its clients.
