SEVERAL SELECTED SUBTLE (?) REASONS FOR LAWYERS LISTENING CAREFULLY
*Michael Sean Quinn, Ph.D, J.D., C.P.C.U., Etc.
Read the following examples reflectively, and you will see holes or
crevices in the answers. Stop for a
moment—but only a moment—when this happens and ask yourself what to ask next.
These examples arose in an insurance case.
Example #1:
Q: When did you start selling products for
the XYZ Corporation?
A: I’m not sure about the exact date. I think it was March maybe of 2001.
Example #2 (assume that the deponent works for
an insurance company as a claims adjuster):
Q: Have you ever seen any types of claims
manual to assist people handling claims and doing their work?
A: I have not.
Example #3:
Q: Do you ever recall working on any
matters involving the XYZ Corporation?
A: Not really. Not really.
Exampe #4:
Q: Do you recall any work you have done for
companies related to the ABC Corporation, or any of its predecessors?
A: I do not have any independent
recollection.
Example #5:
Q. I realize that the American Insurance
Syndicate is a big company, or set of companies, so I want to know whether all
claims coming to it–thinking of the group in a singular way–get sent to the
American Insurance Adjustment Company, its more or less universal adjuster?
A: I believe that may be correct.
Example
#6a:
Q: Have
you had an opportunity to read Mr. Smith’s deposition in preparation for
this deposition?
A: No.
Example #6b:
Q: Have you had an opportunity to review
Exhibit 7 in preparation for your deposition today?
A. No.
Example #7:
Q: Do you know the name of the in-house
counsel who reviewed the settlement agreement to try to help determine its
meaning?
A: I’m not sure who reviewed it. [Nothing else was asked.]
Example #8:
Q: Do you recall discussing the contract
and issues related to it with anyone other than Mr. Smith?
A: At this time, I just don’t recall who
else was there at the meeting..
Example #9:
Q: Did you sell the product to the
plaintiffs?
A: Yes.
Q: Can you describe the meeting?
A: I don’t remember all the details, but I
do remember some.
Q: Please described the sales meeting.
A: I couldn’t tell you exactly what
happened.
Q: Okay.
Tell me what the normal process would be.
A: Here’s a general
description. . . .
Example #10: (This case involved health insurance. The applicant for the insurance failed to
mention in the application that he suffered from colitis. He was put in the hospital for that
problem. He died in the hospital from
pneumonia. The internal physician at the
health insurer indicated that the two conditions were not related.) The following witness is a claims adjuster:
Q: Did you conclude that the bills that
were the result of the pneumonia were not to paid?
A: That wasn’t my decision.
Q: But you agreed with that decision didn’t
you?
Opposing Counsel: Objection, form.
Q: Or did you?
A: No.
Q: You did agree with the decision or you
did not agree with the decision?
A: Do not.
Q: You did not agree with the decision?
A: No.
Q: Why not?
A: Because colitis is severe. It put him in the hospital. It is possible for someone in a hospital to
contract pneumonia. Thus, even though
the pneumonia was not the initial cause of his hospitalization. It was the cause of his death.
Q: So you do agree with the decision to
deny the claim as a whole?
A: Yes.
1300 West Lynn #208
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(Resumes at www.michaelseanquinn.com)
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