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

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Program Materials

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.

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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
Guy O. Kornblum

Partner
Kornblum Cochran Erickson & Harbison

Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500...  |  Read More

Todd S. Schenk
Todd S. Schenk

Partner
Tressler

Mr. Schenk is highly experienced in providing insurance coverage counseling and litigation representation to insurance...  |  Read More

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