Associated Electric & Gas Insurance Services Limited ("AEGIS") has sponsored the development of AEGIS Electric Litigation Service (AELS) to better serve its members presently involved in, or imminently threatened by, electric-related litigation.

While members have experience with many types of electric contact cases, specific types of electric contact cases may require specialized experience. To address this contingency, AEGIS is able to support members by recommending experienced attorneys to assist local or in-house counsel with unique electric-related litigation. Litigators recommended by AEGIS work selectively with the member and local counsel to optimize the litigation result and to reduce defense costs. An initial consultation is free to our members.

Electric Related Claims Eligible for AELS Consultation
The expense of defending electric litigation often pales in comparison to the potential damages to which members and AEGIS are exposed. AELS is designed for special types of electric-related incidents such as unique contact, stray voltage, aircraft line strikes, or serious damage cases (e.g. forest fires) that present potentially large financial exposure to the member, and for cases with an unusual degree of technical complexity. All electric-related incidents qualify for a free initial AELS consultation.

The Effective Electric Incident Defense
Certain electric-related cases can pose a risk of excessive exposure to members. AELS was created as a resource to assist members in reducing loss exposures and managing litigation costs. Through its network of specialists in the defense of electric-related litigation, AELS assists local counsel in reducing duplicative efforts, focusing litigation strategies on pivotal issues, and counteracting the testimony of plaintiffs' experts. The following are a few examples of how AELS counsel can assist members and local defense counsel:

Investigation: Prompt, thorough, initial investigation of an electric-related incident often determines the outcome of subsequent litigation. AELS counsel are prepared to assist in investigations, advise members regarding preservation of key evidence, and to suggest appropriate experts.

Partial Summary Judgment Motions: AELS counsel provide a framework for limiting the impact of claims against the member by timely utilization of NESC and OSHA issues consistent with the standard of care for electric utilities in their respective jurisdictions.

Medical Evaluations: AELS counsel provide background medical information in order to narrow damages and evaluate expert testimony.

Evidence Limiting Motions: AELS counsel assist in drafting Daubert and other motions, in order to challenge the scientific testimony of plaintiffs' experts.

How the AELS Program Works
When a member is engaged in or is threatened by an electric-related claim or suit, the following protocol should be followed to utilize this service:

Contact AEGIS. The purpose of this contact is to evaluate the propriety of AELS involvement and to select an AELS attorney to provide an initial free consultation. The appropriate individual to contact is:

After the contact, a teleconference will be scheduled between the member, local defense counsel and AELS counsel, with AEGIS participation. THIS CONFERENCE IS FREE TO THE MEMBER, WHETHER OR NOT AELS COUNSEL IS ULTIMATELY RETAINED. The purpose of the initial conference is to discuss the status, direction and strategy of the case and to reach a determination of how, if at all, AELS counsel may be effectively utilized to reduce the ultimate exposure.

If the Member decides to utilize the service, the member and AELS counsel will enter into an attorney-client relationship. The member will maintain complete control over all involved attorneys, including AELS counsel and all expert witnesses, and is free to terminate the AELS relationship at any time.

Payment of AELS Defense Costs
As noted previously, the initial consultation with AELS counsel is free to members. However, if a Member decides to utilize the service, the Member will be responsible for paying the subsequent defense costs of AELS counsel.

It is important to note that AELS costs are applied against a member’s Self-Insured Retention, (SIR) and are fully reimbursable from AEGIS once the retention is exhausted. It has been our experience that the association of specialized counsel results in a strengthened defense, and increases the likelihood of an advantageous result, whether by settlement, mediation, summary judgment, pre-trial motion practice or jury verdict.

The AELS Litigation Team
Each member of the AELS counsel team has at least ten years experience defending electric-related litigation. By retaining one AELS attorney, the member effectively engages all AELS counsel at no additional cost. AELS counsel is well known to many of the members and their local counsel from prior involvement in electric-related litigation.

AELS Panel Counsel