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Protecting your fleet from Reptile Theory and nuclear verdicts

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Updated Aug 8, 2023

The use of the “reptile theory” by plaintiff’s attorneys to sway a jury to reach so-called nuclear verdicts has grown considerably over the last decade. The insurance industry and defense attorneys are now working together to help trucking companies be proactive to protect themselves from catastrophic litigation in the event of a crash.

Joining Jason and Matt this week are Tim Good, president and managing partner of PCF Insurance Group member Good’s Insurance Agency, and Doug Marcello, a transportation attorney with Saxton & Stump. Good talks about how the insurance industry has been affected by nuclear verdicts, and Marcello talks about his carrier risk assessment business and how defense attorneys need to change their approach. 

00:00 Reptile Theory and nuclear verdicts

03:51 and GAP Scores

08:08 Insurers and assessing a fleet’s risks

09:41 Determining weaknesses

12:39 Defense against Reptile Theory