What is a bifurcated trial in an insurance litigation case?

A bifurcated trial is a type of trial used in insurance litigation cases in New York. In a bifurcated trial, the court splits the trial process into two distinct phases or parts. The first phase is the liability phase, which is when the court examines the facts and the legal responsibilities of the parties involved in the case. The second phase is the damages phase, which is when the court awards damages to the successful party. Bifurcated trials are generally used in cases where a large amount of money is involved and a lengthy trial is expected. They offer several advantages, including greater efficiency and quicker resolution, as the court can concentrate solely on the liability portion of the case during the first phase. The fact-finding process is also more manageable as the court can address each issue independently during each phase. Bifurcated trials also provide a more equitable resolution than if the entire case were tried in one phase. The court can carefully consider the liability portion of the case before considering the damages, and the court can consider the evidence and testimony presented in each phase. This can help the court determine a fair settlement for both parties.

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