Defend, Deny, Depose: It’s Not Just About Healthcare Claims
Updated January 6, 2026
America is having a big conversation about healthcare insurance. People across the country are sharing personal stories about traumatizing health insurance company claim denials. If you live in or near Hartford, Connecticut, the “Insurance Capital of the World,” you likely feel the intensity of this nationwide scrutiny. Sadly, the “defend, deny, depose” dynamic isn’t just about healthcare insurance. If a liability insurer has denied your personal injury claim or refused to negotiate a fair settlement, you’re likely a victim of this unspoken claim-handling strategy.
Healthcare insurers and liability insurers operate differently, but they have a few things in common. In a growing number of claim operations, human claim handlers serve only as data collection and input sources. Artificial Intelligence and other technologies make many of the important claim decisions.
It’s not an official procedure
Liability insurance companies probably don’t have formal deny, defend, depose guidelines, but personal injury lawyers deal with this claim strategy everyday. While they rarely interact with healthcare insurers, many injured clients share stories about encounters with liability insurance companies. Insurers sometimes respond to serious injury claims with lowball offers, no offers, or by denying the claims completely.
When you consult with a personal injury lawyer as soon as possible after an accident, they can take immediate steps to protect your legal rights. A lawyer can intervene with liability insurers and take steps to obtain maximum compensation on your behalf.
Depose, Deny, Defend: What does that mean for personal injury claims?
A liability insurer remains in good standing as long as their claim operation complies with the Connecticut Unfair Practices Act. They don’t train employees to negotiate unfairly or systematically deny injury claims. Claim handlers simply act in compliance with a strategy that’s baked into many claim handling systems.
Before a claims adjuster tenders an offer to settle your injury claim, they realize their job is to negotiate as economically as possible. If they have a little bit of legal wiggle room, they understand that they can deny a liability claim completely. This is where deny, defend, depose kicks in.
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Deny
Insurers investigate liability claims and determine if their insured is legally liable for the injured person’s damages. They talk to their insured and any witnesses, get police reports, and sometimes conduct a site investigation. As the injured victim, a claim investigator usually includes you in the process.
- They record your version of the accident
- They ask questions with legal ramifications you might not understand.
- They use any contradictory statements against you
If the evidence convinces them that their insured isn’t responsible for your injuries, they deny liability and offer nothing. For a growing number of liability insurers, AI technology is making these types of claim decisions. In finalizing their position, insurers often deliver critical claim decisions in a formal denial letter.
With liability claims, there’s another aspect to the process. In Connecticut, a liability insurer may negotiate a reduced settlement if their adujster decides their insured caused your injuries, but you are also somewhat liable. They may try to settle your claim to get your name on a full and final release. If they believe your negligence exceeds their insured’s (51% or greater), they will likely deny your injury claim.
Liability insurers realize that some injured people just walk away
Insurers know that when they’re dealing directly with an injured victim, they may see a claim denial as unfair but final. Some people accept low settlement offers, sign releases, and move on. If the liability insurer denies their claim, they simply let it go.
Sometimes a claim denial letter arrives when an injured person is still in pain and focusing on their medical care. Others are still struggling to manage lifestyle changes due to lost income and unanticipated disabilities. If they don’t have the tenacity to do battle with a liability insurance company, they go along with whatever the company decides.
Once an insurer denies liability for an injury claim, they may close their case file or place it on an extended diary. They understand that an injured person might file a lawsuit before their statute of limitations expires. History teaches claim handlers that many people will choose not to litigate.
Defend
If an injured person decides to file a lawsuit, a liability insurer usually has an economic advantage. Big insurers have a reputation for possessing what’s commonly known as “deep pockets.” When they collect premiums, they build up extensive financial resources. Legally, they must set aside some of these funds as loss reserves to pay anticipated claims. They also use it to pay defense costs if an injured person decides to sue their policyholder.
Some insurers keep an attorney on their claim staff. Their sole job is to defend policyholders against previously denied claims. Other companies keep local defense law firms on retainer. They work with insurers regularly, know how they operate, and remain available to step in and defend cases as needed.
Insurance companies usually control their defense attorneys
In theory, insurance company defense attorneys represent policyholders. In fact, although it may present a conflict of interests, insurance companies often tell defense attorneys what to do.
This begins when an insurer provides its initial defense instructions to a staff attorney or one of their chosen defense firms. It continues when a claim representative issues marching orders for the defense attorney to initiate discovery.
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Depose
“Depose” refers to one of the many discovery steps that take place after a plaintiff files a lawsuit. During the discovery process, plaintiffs and defense attorneys try to learn as much as possible about the other party’s evidence. Discovery can affect litigation outcomes as each step comes with a cost. E-filed cases give attorneys a convenient process that may help reduce but not eliminate some of these costs.
A discovery process may involve:
- Interrogatories: A plaintiff or defense attorney can file a formal document with a long list of accident or injury-related questions. When an insurer’s defense attorney propounds a set of interrogatories to a plaintiff’s attorney, they must respond before a specified deadline.
- Production of Documents: Plaintiffs and defense attorneys make formal demands for medical records, narrative medical reports, and other relevant documents. Many courts allow digital production.
- Depositions: Plaintiff and defense lawyers may subpoena witnesses with essential information to answer formal questions, in person, and under oath. The list of potential candidates for deposition may include plaintiffs, witnesses, physicians, doctors, accident reconstructionists, and others. A videographer or court reporter documents each deposition and produces a video or a written transcript.
Every time an insurer asks their defense attorney to depose a witness, request documents, or seek information, a plaintiff lawyer must make an extensive time commitment and incur multiple costs. When an insurer deposes an injured plaintiff’s physicians, medical experts, accident reconstructionist, or other specialists, that person usually charges the injured plaintiff’s law firm an appearance fee.
During the discovery process, a plaintiff’s attorney often pays for court reporters, videographers, deposition transcripts, document reproduction costs, and other customary legal fees and expenses. They must also pay for each document filed or e-filed throughout the litigation process.
Legal fees and expenses aren’t usually a problem for a liability insurer’s deep pockets. In many cases, legal costs become another tool for discouraging plaintiffs from aggressively pursuing their cases. As an injured plaintiff doing battle with a liability insurer, you need a personal injury law firm with the resources to manage an insurance company-motivated discovery process.
Contact a Connecticut personal injury attorney
If someone negligently injured you or a family member, contact a personal injury lawyer as soon as possible. When you schedule a complimentary consultation, you can discuss your case with a seasoned lawyer, learn more about your legal options, and find out if a lawyer can help you.
