ESTABLISHED P&C INSURERS
Stratagem supplements and optimizes your organizational capabilities and mitigates your high-stakes risks.
Established P&C Insurers
SERVICES OFFERED
Report and analyze during trial or arbitration to provide reliable and actionable intelligence about how your case is progressing.
Provide second opinions regarding valuation, coverage analysis or resolution strategy.
Serve as a credible, persuasive, and effective expert witness in pending or threatened litigation regarding bad faith, claims handling, coverage interpretations, litigation management or claim valuation under both primary and excess policies
Evaluate and enhance a book of business or portfolio of claims.
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- Apply our coverage acumen and ability to assess exposure to evaluate any potential new business, including books of Professional Liability, Management Liability, and Medical Malpractice business.
- Resolve and manage high-stakes claims to prevent catastrophic exposure.
- Identify key stakeholders, interpersonal dynamics, and factual and legal issues that inform value and are both impediments to, and likely to drive, resolution and use communication and persuasion skills to focus on resolution management.
- Formulate and deploy a playbook to respond to and help manage a portfolio of claims arising out of systemic events (e.g. Covid; financial crisis).
Serve as an effective mediator, drawing on our training, subject matter expertise, willingness to engage in details, and ability to use either facilitative or evaluative approaches to conflict resolution.
Serve as a party-appointed or neutral arbitrator in matters involving professional liability, D&O, management liability, general liability, or insurance coverage disputes.
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Design customized and turn-key training for claim organizations on a variety of topics, including communication and negotiation skills, leadership, customer service, coverage analysis and communication, investigation, and case reserving.
Transform Claim organizations to unlock additional competitive benefits.
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- Provide interim staffing/leadership resource
- Audit, diagnose, and prioritize opportunities for improvement
- Select and create a plan to deploy the appropriate levers to be used to achieve potential benefits, which may include:
- Reduction of Unallocated Loss Adjustment Expense.
- Improved return on investment Allocated Loss Adjustment Expense.
- Deployment of best practices and associated quality assurance processes.
- Implementation of consistent, high-quality processes and procedures to measure and improve customer service.
Participate as active presenters in a mock trial and focus group to help you test theories and themes.
Draft better Specialty insurance products that clarify coverage and avoid litigation.
REFLECTIONS FROM INDUSTRY EXPERTS
From Work by Stratagem Advisors as Expert Witnesses:
“[t]he credentials of Dwares in the insurance industry were impressive.... Dwares report...was fulsome and informative. I accept his opinion....”
Findings of Arbitrator in Arbitration Award
“First, thank you [David Perry] on an excellent draft. This is wonderful work.”
Written feedback from Counsel
I have worked with David Dwares and David Perry for nearly two decades. As a trial lawyer, I have come to know, value and respect their ability to assess exposure and practical litigation realities accurately and quickly in connection with a wide variety of high-stakes, complex litigation pending in state and federal courts throughout the United States. In my experience, David and David appreciate and support the need to be well-prepared to take the right cases to verdict. They also understand the need to develop a well-crafted strategy to resolve effectively litigated disputes that should not be tried to conclusion. Indeed, they not only appreciate, support and understand these imperatives; they insist on them. In my cases, I have seen David and David collaborate effectively and work well with each other, counsel, clients, opponents and other insurers with whom they work. They personally participated in the case preparation process. They helped develop and implement innovative and creative approaches and understood the important link between effective story-telling at trial and successful outcomes. When they attended and observed trials, they served as an accurate sounding boards for counsel and as objective and reliable voices about how the case is proceeding. I highly recommend David and David to those looking for assistance with the evaluation, management and resolution of high-stakes litigation or a portfolio of cases.
Having business associates you can trust is critical to any leader. I worked with David Perry and David Dwares for almost 10 years and developed total trust in their judgment, competence, leadership abilities, and most importantly their integrity. They led our Professional Liability Claims Team and established a well earned reputation for Industry Leading Excellence. Together they developed a strategic vision and an effective and efficient plan to execute that strategy. They recruited, trained, organized, and developed a team of expert Claim Professionals. They are inspirational leaders whose staff became deeply loyal to the company and to them personally. David and David always insured the highest level of customer service. They well understood the importance of educating the customer in their complex lines of business insurance and made that education a key part of their innovative strategy. Further, they maintained strong interactive working relationships with both Producers and Underwriters to achieve consistently outstanding results. Without any reservations I strongly endorse David Perry and David Dwares for any consulting project for which they may be considered.
For a plaintiff’s firm formulating strategy to maximize coverage and settlement potential in a major case, Dwares and Perry are invaluable. They were in the trenches for years in high-stakes litigation, and then behind the scenes with insurers addressing risk and exposure issues that often never see the light of day. They’re practical, knowledgeable and innovative. An added bonus: They’re not stuffed shirts. David and David take their work, but not themselves, too seriously.
David Perry and David Dwares are extraordinary lawyers and insurance professionals. I have known them both for over 30 years, first as colleagues at a law firm, later as my client representatives, and always as friends. They have deep and broad experience in both the merits of a vast array of claims across multiple substantive areas of law and insurance coverage. They are quick studies who excel at the valuation of cases and developing effective and appropriate resolution strategies. They also have strong people skills, making them masterful negotiators, communicators and team players. As one specific example, I presented David Dwares as the client witness for an insurance company in a jury trial of a rescission case. He came across as credible, sincere and everything an insurance professional should be, leading the jury to return a unanimous verdict for the insurer. David Perry grasps the critical issues in complex claims more quickly than anyone with whom I have worked, typically asking important questions and suggesting wise strategies after just a short review of the file that had not occurred to me as the outside counsel handling the matter. I could not recommend two professionals more highly.
I have worked closely with David and David on a number of claims initiatives, catastrophic claim resolution strategies, and complex coverage issues, and enthusiastically recommend their work. They both have deep expertise in insurance operations and coverage, as well as complex and catastrophic claims and litigation management, and I believe that any organization would benefit from their insights. In my experience, they have always been thoughtful and thorough in their approach, helping assess problems from multiple perspectives to reach optimal outcomes, and I wholeheartedly recommend their services.
