Offer packages arming your claims team for modern negotiations

The litigation landscape is changing faster than ever. Plaintiff attorneys are adopting AI tools, litigation funding, and persuasive strategies that leave defense teams at risk of falling behind. In SigmaSight’s recent webinar, Offer Packages™ – Arming Your Claims Team for Modern Negotiations, industry leaders came together to discuss what this shift means and how claims professionals can respond.

With insights from:

• Ron Morrison, Divisional Senior Vice President of Claims, Great American Insurance
• Jason Rosen, Founder, Rosen Resolution
• JD Kester, Head of Liability Practice, McAngus Goudelock & Courie
• Hosted by Taylor Smith, President of Suite 200 Solutions and adviser to SigmaSight

…the session explored the future of negotiation in insurance defense.

Why This Conversation Matters

The plaintiff bar has embraced technology faster than defense teams, resulting in:

• Higher settlement values through evidence-rich demand packages

• More persuasive narratives supported by AI-generated documentation

• Rising claim costs due to inflated medical bills and extended litigation timelines

Defense professionals can no longer rely on traditional methods. As Ron Morrison emphasized: “One size doesn’t fit all claims anymore.”

Key Insights from the Panel

1. The Rise of AI-Powered Demand Packages

• Plaintiff attorneys increasingly use platforms like EvenUp, producing detailed, evidence-rich demand letters that overwhelm claims handlers.
• These packages often shift a $75,000 claim into a multimillion-dollar exposure.
• Defense teams are forced to bring in outside counsel earlier, increasing costs.

Takeaway: Defense must recognize these packages for what they are—and respond with equally structured and persuasive counteroffers.

2. Why Defense Needs to Go on the Offensive

Jason Rosen explained that plaintiffs set the tone by moving first:

“They get their message out sooner and set the negotiation tone because they’re using technology and better staffing.”

Defense teams that wait to react are already behind. Early anchoring with Offer Packages™ gives control back to claims professionals.

3. Offer Packages™ in Action

Ron Morrison shared pilot results using SigmaSight’s Offer Packages™:

• Claims staff were able to prepare persuasive negotiation outlines in minutes.
• Defense attorneys saw time savings of 30% or more in case prep.
• Settlement outcomes improved, often landing below initial defense evaluations.
• Plaintiff attorneys engaged in more realistic conversations with clients after reviewing these structured offers.

Crucially, Offer Packages™ blend AI with human expertise—not replacing judgment, but empowering claims teams with stronger arguments and data-backed strategies.

4. A Cultural Shift for Defense Teams

JD Kester highlighted the challenge:

• Defense firms were traditionally trained to “hold back” their best arguments.
• But with fewer than 2% of cases going to trial today, holding back is no longer effective.
• The real battleground is negotiation rooms and mediations, not courtrooms.

Innovation in negotiation practices is no longer optional—it’s survival.

The Future of Negotiation in Insurance Defense

The panel’s final advice to claims professionals and defense counsel:

• Invest in negotiation training – it’s a skill that can be sharpened.

• Innovate methods and embrace AI – defense must match plaintiff creativity and technology.

• Redefine partnerships – defense counsel, carriers, and claims teams should collaborate earlier and more strategically.

• Focus on outcomes, not hours – consider compensation models tied to results rather than billable time.

Conclusion

As Taylor Smith summarized, negotiation is now the most critical driver of claim outcomes:

“For 99 out of 100 cases, it’s going to resolve through negotiation. The question is: what can defense do in today’s environment to get the best results?”

Offer Packages™ are the answer.
By blending AI insights with human expertise, claims teams can level the playing field, regain control of negotiations, and deliver better outcomes for clients.