Using Expert Witnesses in Bad Faith and Coverage Litigation: Evidentiary Rules, Expert Opinions and Objections to Testimony

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, August 30, 2017
Recorded event now available


This CLE webinar will provide counsel in insurance cases with a general overview of the evidentiary rules governing the admissibility of expert opinion testimony. The panel will discuss the use of expert testimony in coverage and bad faith suits, as well as the obstacles that a party may face in presenting expert testimony.

Description

Expert witnesses play a critical role in coverage and bad faith litigation, both for policyholders and insurers. Insurance experts typically are underwriters, claims handlers, brokers, regulators and attorneys with knowledge of insurance industry customs.

Claims adjusters are typically used in bad faith litigation to opine as to the reasonableness of another claims adjuster’s conduct. Underwriters are typically experts in coverage litigation providing an opinion on underwriting specific risks and the interpretation and intent of specific policy provisions.

Litigators must be careful to avoid the pitfalls of using expert witnesses whose credibility might be attacked based on previous testimony or due to his or her relationship with a particular insurance company, or selecting a witness whose experience is very limited within the insurance industry.

Listen as our authoritative panel of insurance attorneys discusses the evidentiary rules governing the admissibility of expert opinion testimony in insurance coverage and bad faith litigation, and provides best practices for overcoming obstacles that a party may face in presenting expert testimony.

Outline

  1. Overview of evidentiary rules on expert opinion testimony
  2. Typical insurance experts (underwriters, claims handlers, brokers, regulators and attorneys)
  3. Opinions in coverage litigation (underwriting risks, duties under policy, ambiguity of policy language)
  4. Opinions in bad faith claims (standard of care in industry, reasonableness of claims adjuster’s conduct)
  5. Objections to witness testimony and avoiding pitfalls in presenting expert opinions

Benefits

The panel will review these and other key issues:

  • What industry experts are best suited for bad faith claims and what are common challenges or objections to their testimony?
  • What industry experts are best suited for insurance coverage claims and what are common challenges or objections to their testimony?
  • Under what circumstances would attorneys play a role in presenting expert witness opinions?

Faculty

Guy O. Kornblum, Partner
Kornblum Cochran Erickson & Harbison, San Francisco

Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500 litigated matters to conclusion and has several million dollar plus cases to his credit. Mr. Kornblum’s practice focuses on representing plaintiffs, claimants, policyholders and victims of tortious and contractual wrongs in insurance bad faith, among other claims.

Todd S. Schenk, Partner
Tressler, Chicago

Mr. Schenk is highly experienced in providing insurance coverage counseling and litigation representation to insurance companies. He is particularly skilled in handling third-party claims involving advertising injury and product liability, and first-party claims under residential and commercial property policies. Many of his cases require the defense of common law and statutory bad faith claims, which Mr. Schenk litigates in venues around the country.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

I thought Strafford's program featured cogent presentations and useful, substantive handouts. This was a very worthwhile course.

Seth Tucker

Covington & Burling

I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.

Daina Bray

Phelps Dunbar

The webinar’s content was relevant to several cases I have.

Charles Dalziel

Brock Clay

One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.

Lisa Taylor Hudson

Sands Anderson Marks & Miller

The speakers were very clear in their explanations and the practical insight was much appreciated.

Michael Dolce

Colodny, Fass, Talenfeld, Karlinsky & Abate

or call 1-800-926-7926

Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Director

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.

Partner

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Weimer & Weeding

Sandra I. Weishart

Partner

Hinshaw & Culbertson

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.