"What differentiates you from other insurance claim experts?"

A few things. *Experience (45 years in the claims industry, from rookie adjuster to Senior VP of Claims). Credentials (CPCU, AIC, ARM, AIM, ARe, RPA). Professional publications (ten books and 750+ articles). Communication skills (300+ presentations). Seasoning as an expert witness (140+ engagements, 40+ depositions, and a dozen trials). Hitting deadlines (100%).

CLICK HERE to view a short video on the qualities clients deserve to see in an expert witness.

"What do you see as your role as an expert witness?"

My role is two-fold. 

First, to help the factfinder (Judge or jury)  understand insurance claim industry customs, practices, and norms.

Second, to provide an opinion as to whether the insurer’s or TPA’s claim-handling aligned with or breached those insurance claim industry customs, practices, and norms.

My role is akin to a teacher — to communicate to the factfinder standard practices in sound claim handling, realizing that there’s no such thing as a "perfect" claim file. I’m not an advocate for the plaintiff or the defendant, for the policyholder or the insurer. I’m an advocate for my opinion on claim industry customs, practices, and norms and whether or not the insurer followed or breached them.

"Do you render opinions on bad faith?"

Although clients typically retain me on "bad faith cases," bad faith is a legal concept.  So, I avoid opining on the ultimate issue of bad faith. Instead, I opine on whether the claim-handling conformed with insurance industry customs, practices, standards, and norms. Opining on bad faith invades the role of the Court and the jury and invites a Court to exclude or limit an expert's testimony.

"Have you ever been the subject of a Daubert challenge?"

Yes, opposing counsel will likely challenge ANY expert witness working on this subject matter. It comes with the territory. These challenges meet with little success, though. In twelve out of twelve trials where I've testified, the Court allowed me to testify as an insurance claim expert.

"Do you guarantee a favorable opinion for my side?"

No. I don’t know what my opinion will be until I review the relevant materials. My engagement letter is clear: I do not guarantee a positive opinion or a favorable result. (There are experts who do, and there’s a term for such experts.) My time is for sale; my opinion isn't. I call balls and strikes as I see them. I'm a claim expert, not a magician. If the facts are bad, I can't change that, but I can provide perspective on a case’s strengths and weaknesses. If I don't think I can help after reviewing the materials, I will contact you to discuss it.

"Do you opine on insurance coverage?"

Generally, I leave this to other experts. I don’t tout myself as a "coverage expert." As in opining on bad faith, rendering coverage opinions is often the ultimate issue, to be decided -- not by an expert -- but by the Court. Opining on coverage is a good way to get excluded or subject to an exclusionary motion.

Instead, I focus on the processes the claim representative or insurance company used to reach its coverage decision and whether those processes were reasonable and aligned with insurance claim industry customs, practices, and norms.

"What are your hourly rates?"

Open to discussion. I bill hourly for the time spent working on your behalf. Fees include charges for discussions, including initial consultations. After our first exchange, I'll ask you to review and return my standard engagement letter. Factors determining fees include the time and labor required, the novelty and difficulty of the issues involved, the timeline involved (as in any realm, "rush jobs" cost more), and the skill requisite to perform the expert engagement properly. You can find cheaper expert witnesses and some who are more expensive. Typically, though, as in other professional service realms, things are cheaper for a reason. An expert's fees represent an investment in your case, obtaining an objective assessment of its strengths and weaknesses.

"Do you quote a fixed fee for witness engagements?"

Due to the nature of professional services, no. Clients can trim costs by providing complete, accurate, and organized information and documentation and not waiting until the last minute, as "rush jobs" require extraordinary measures and costs.

"Are you a professional witness?"

I'm an insurance professional who serves as a witness on litigated claim disputes. I'm a "professional witness" in the way that opposing attorneys are "professional lawyers." (A significant difference from plaintiff attorneys:  I have no financial stake in a case's outcome.) When I give deposition testimony, professional lawyers, court reporters, and professional videographers are present. When testifying in Court, there are professional attorneys, professional court Clerks, professional Bailiffs, and professional Judges. No one in Court (or at a deposition) is working for free. Am I a professional witness? The litigation arena is no place for amateurs.

"Are there particular types of cases in which you specialize?"

My “swim lane” lies in property/casualty losses, especially casualty/liability and bodily injury losses. I’ve handled many first-party and third-party claims and claims involving non-property/casualty losses – long-term care benefits and medical insurance coverage. Subspecialties include "failure to settle" claims (whether from 1st or 3rd party claimants or carrier-versus-carrier disputes) and allegations of institutional bad faith (e.g., allegedly dysfunctional adjuster compensation systems).

"Do you work off a retainer or bill monthly?"

Yes, I require a retainer equal to ten hours of time. I apply the retainer to the final invoice and remit any unused portion back to the client or the law firm.

"Do you work for plaintiffs or insurance companies?"

Both. Over the years, my caseload has been split fairly evenly between clients suing insurance companies and insurers defending themselves from claims. I am not pro-insurer or pro-plaintiff. I am "pro" sound claim-handling. If an insurer handled a file appropriately, it should have no beef with me. If the insurance company handled the claim inappropriately, then its processes are the problem.