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.
Our panel 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.
We will review these and other key issues:
Which types of industry experts are best suited for bad faith claims and what are common challenges or objections to their testimony?
Which types of 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?
After our presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.