Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 275

Filed 10/09/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

PLAINTIFFS' VOIR DIRE

Plaintiffs, through their attorneys, THE CAREY LAW FIRM, hereby submit their proposed Voir Dire Outline as follows: 1. Do you have knowledge of or have you ever worked in the insurance

industry? · · 2. Did you handle claims? What is or was your role in the process?

How many of you have an insurance policy of some sort? · · · How many of you have the following policies in place right now: Car? Homeowners?

Case 1:00-cv-02098-REB-MJW

Document 275

Filed 10/09/2007

Page 2 of 4

· · 3.

Health? Life?

How do you view an insurance company's relationship with an insured? · What role does an insurance company's expertise and experience

play in processing and investigating claims? 4. Have you or anyone close to you ever made an insurance claim based on

a loss or injury of any kind? · · · · · 5. Tell me about that. What was the outcome? Were you satisfied with the outcome? Why or why not? How would you describe the insurance company's conduct?

Do any of you believe that an insurance company actively seeks to

minimize payments on claims? 6. Do any of you believe that an insurance company always seeks to err, if at

all, on the side of the insured or policyholder? 7. Have you or anyone close to you ever had to file a lawsuit against a party

to enforce the terms of a contract? · · · Describe the circumstances How did the matter eventually resolve? Would that experience make it difficult for you to sit on this case?

Case 1:00-cv-02098-REB-MJW

Document 275

Filed 10/09/2007

Page 3 of 4

8.

Do you believe that a percentage of the insurance companies out there

are just concerned with making money, no matter what the consequences? · 9. If so, what led you to believe this?

Have you ever been in a situation where the other side does not honor the

terms of a contract and then tries to reinstate its rights or change the rules in a contract? 10. Have you had any business disputes involving a contract? · · 11. Describe the dispute. How was it resolved, and by whom?

Are there some types of lawsuits that you personally do not like or do not

believe in? · 12. Please explain.

Have you ever had a bad experience with a lawyer or litigation? Ever had

a good experience with a lawyer or litigation? 13. 14. Do you think big business has an unfair advantage in lawsuits? Punitive damages are awarded to punish or set an example. What do you

think of punitive damages and when they should be used?

Respectfully submitted this October 9, 2007.

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909

Case 1:00-cv-02098-REB-MJW

Document 275

Filed 10/09/2007

Page 4 of 4

Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected] Steve W. Berman, WSBA #12536 HAGENS BERMAN, L.L.P. 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 L. Dan Rector
FRANKLIN D. AZAR & ASSOCIATES, PC

5536 Library Lane Colorado Springs, CO 80918 Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on this October 9, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System, which will send notification to the following email addresses: [email protected]

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected]