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Blogging from the Boardroom – Part 1: My Claims Litigation Story

To build the claims litigation management platform for our industry, I spent 20,000 hours learning everything about claims litigation and insurance defense. 99% of what I found did not surprise me, but 1% of what I learned shocked me. This is not just my story, it is your story too.

My Claims Litigation and Insurance Defense Story

I started my career like many of you. As an insurance defense attorney, I spent 2,400 hours per year defending claims in six-minute billing increments. I drafted pleadings, prepared reports, took depositions, and argued hearings in court. I spent hours in the office. This job may sound demanding, but I loved it.

While there was a lot I loved, there were many challenges. My hourly rate was low. I was tired of managing cases using e-mail. It was time-consuming to track my time. It was frustrating that my clients cared more about expense than results.

I observed that litigation adjusters had similar frustrations and challenges. They spent their days managing a tidal wave of e-mails from lawyers. They managed documents, updated journal notes and ticklers, and organized e-mails in a sea of folders, subfolders, and sub-subfolders. They had little time, if any, to close cases.

After years in this bedlam, I set my sights on saving the industry with technology. I aimed to reign in the chaos using advanced software. I aspired to capture the litigation data and use it to win lawsuits. It turns out that my plan was 99% right.

My Claims Litigation and Insurance Defense Platform Story

Just a year after leaving my law firm job, I launched CaseGlide, a claims litigation platform that saved insurers time and money. The platform eliminates clerical work, captures data, and uses real-time news feeds to monitor the progression of a case. The platform powers performance metrics that are used to measure the performance of adjusters and attorneys. Litigation personnel are relieved to finally be judged on their results.

Word spread throughout the industry that there was a solution to the claims litigation gridlock – a solution built for litigation experts, by litigation experts.

Claims Litigation Management 3.0

As I watched the litigation technology movement advance, it became clear to me that we were experiencing an evolution.

The evolution began with Claims Litigation 1.0. In this era, insurers delegated litigation management to attorneys. A distant memory.

During Claims Litigation 2.0, insurers worked with e-billing providers to gain control over legal expense. In this era, insurers negotiated hourly rates and used bill review software to reduce legal invoices.

The evolution continued as we embarked upon Claims Litigation 3.0. During this time, we began to focus on productivity and results. We started to use software for efficiency and metrics. We still needed the billing efficiencies from 2.0, but we realized legal spend management does not replace litigation management.

In this era, software allowed adjusters and attorneys to collaborate on a single platform. Software automated routine processes, streamlined workflows, and harnessed the power of complete litigation data.

The Broken, Invisible Hand

Despite the success of Claims Litigation 3.0, the industry is far from a utopia.

Although Claims Litigation 3.0 brought a technology and process revolution, problems from previous eras remain unresolved. Many executives continue to place too much focus on hourly rates and legal expense. As a result, insurers and defense firms remain focused on doing less instead of doing more.

I began to ask myself why e-billing did not advance with the rest of us. I was shocked to find the answer. E-billing, or Claims Litigation 2.0, has not changed in twenty years because it is driven by industry outsiders. Some of the largest technology companies in the world have taken over our litigation departments. The people who run the systems we use to manage claims litigation have never seen a claim file or a courtroom.

Claims Litigation Management 4.0

Claims Litigation 4.0 gives us the opportunity to take our industry back.

My proposed solution is to combine 2.0’s e-billing tools with 3.0’s complete approach to litigation management.

In this new era –Claims Litigation Management 4.0– our industry becomes an efficient marketplace. It is a marketplace where rewards flow to the best adjusters and attorneys, not the cheapest. These new standards incentivize a winning culture based on performance, connections, and mentorship.

To us insiders, this makes too much sense. The best performers should not have to wait years, or even decades, to receive rewards for top performance.

We have to take back our industry from the outsiders. This is our industry. We choose what happens.

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