Insurance Bad Faith and Deviation From Industry Standards: Using Experts to Help Juries Understand Claims Adjusting
Strategies and Controversies When Claims Handling Experts Testify as to Whether Policy Provisions Were Applied Pursuant to Known Law
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss strategies for using claims handling experts in various types of bad faith insurance cases, including first-party property, underinsured/uninsured motorist, and excess liability claims, as well as expert qualifications, the admissibility of their testimony concerning legal and quasi-legal subjects, including the insurance industry's interpretation of certain policy provisions. Recent cases leading to bad faith awards or favorable resolutions through mediation (where the speakers participated as bad faith experts) in cutting edge first party and third-party coverage disputes will be addressed.
Outline
- Reasons to use a claims handling expert
- Topics about which claims experts testify
- Qualifications
- Admissibility under FRE 702/Daubert
- Strategies for plaintiffs
- Strategies for defendants
Benefits
The panel will review these and other pivotal issues:
- What qualifies one as an insurance bad faith expert?
- How closely does the expert's experience have to match the subject of the proposed testimony?
- Can claims handlers testify on mixed questions of law and fact?
Faculty
David A. Gauntlett
Principal
Gauntlett Law
Mr. Gauntlett is lead counsel in intellectual property antitrust coverage disputes pending in over 30 states throughout... | Read More
Mr. Gauntlett is lead counsel in intellectual property antitrust coverage disputes pending in over 30 states throughout the United States and is also responsible for many precedent-making insurance coverage cases involving patent, trademark, and copyright infringement, as well as trade secret misappropriation and unfair competition claims.
CloseCharles Miller
Attorney
Trial Guides
Mr. Miller is a licensed attorney in California. Since 1990, his practice has been devoted to insurance... | Read More
Mr. Miller is a licensed attorney in California. Since 1990, his practice has been devoted to insurance law. Prior to 1990, Mr. Miller was employed in the insurance industry for 18 years, where he worked as an insurance claims representative and claims manager. He has been retained in more than 15 states and territories, including Canada, as an expert on insurance industry claims handling practices and standards, as well as on various insurance policy coverage issues.
Close