Expert 520734 - PA

Expertise Description

I have spent more than 35 years working in property/casualty insurance and regulatory law with an expertise in regulatory issues and litigation, acquisition and sale of insurance brokerage, property and casualty, workers’ compensation, accident and health, captives/alternative risk, excess/surplus lines, treaty and facultative reinsurance, managing general agency, and agent/broker disputes. I have also offered my services as an insurance regulation expert witness in Pennsylvania.

Insurance Expert Witness’ Supplemental Reports Excluded When Not in Compliance with Pretrial Order

Expertise Description

Insurance ExpertThe Eighth Circuit Court of Appeals recently heard an appeal from a district court's denial of a motion for new trial on the basis of excluded expert evidence.A jury awarded an insured under a commercial-property insurance policy $76,000 for covered hail and wind damage to the exterior of two properties, but it found that the policy didn’t cover the water damage to the interiors.A hail storm damaged Appellant’s properties, and she sought coverage replacing the damaged portions of the homes. Insurance Company disputed the claims, and they went to trial on two of the properties. The parties didn’t dispute that hail and wind damage to the properties' exteriors constituted a covered loss under the policy. However, they disagreed on the amount of coverage and whether the policy covered water damage to the properties' interiors. Appellant claimed that damage to the roofs and windows let water seep inside and that the resulting interior water damage was a covered loss. Insurance Company said that water leaked into the properties because of deferred maintenance, not hail damage. As such, it refused to cover the interior damage.Appellant enlisted a public adjuster and a roofing consultant to assess the damage. The insurance expert inspected the properties and issued a written expert report, which described hail and wind damage to both properties' exteriors, particularly the roofs. The insurance expert observed interior water damage at both properties, and based on its location and its appearance shortly after the storm, he opined that it was from water entering the homes through the external damage. He also said that the roofs and other items at both properties should be replaced. Appellant’s roofing expert issued an expert report based solely on his review of the insurance expert's and Insurance Company's reports and photographs of the properties. In that report, he opined regarding on property that "[w]ater intrusion within the home may be the result of defects within the . . . roof caused by wind and hail impact." The report didn’t mention water damage to one of the property's interior but did note that the roof was damaged and that it required major repair or replacement.Appellant’s roofing expert wanted to take a core sample of the property's roof to determine how it was constructed, but snow and ice kept him from doing so at the time of his initial report. But he went to the property later to take the samples, which showed the presence of moisture both within a top roof layer and an older layer beneath it. The expert believed this indicated that the roof needed to be replaced rather than repaired. The parties deposed the roofing expert, and he mentioned these findings. However, Insurance Company’s counsel objected to his mentioning those findings without a supplemental report. Appellant’s roofing expert did draft a supplemental report, but Appellant didn’t disclose it at the time.The original deadline for Appellant to disclose expert witnesses and reports was postponed, largely on stipulation of the parties, six times, and the final amended progression order set the deadline. Appellant subsequently served Insurance Company with supplemental expert reports from both of her experts. The supplemental report from Appellant’s insurance expert included updated damages calculations for each property based both on updated pricing for materials and on the inclusion of interior water damage not presented in the insurance expert's original report. The supplemental report for Appellant’s roofing expert was the as-yet-undisclosed report her roofing expert drafted addressing the core-sampling results. At that time, jury trial was set, and the supplemental reports were thus untimely not only regarding the progression order but also under Federal Rule of Civil Procedure 26(a)(3)(B)'s requirement that such disclosures be made at least 30 days before trial. Subsequently, the trial was postponed because of Appellant's counsel's illness.Insurance Company moved to exclude the supplemental insurance and roofing experts’ reports. The district court noted that, although Appellant's disclosure was untimely under the federal rules at the time it was served, it wouldn’t exclude the reports based on this because Insurance Company had at least 30 days' notice due to the extension of the trial date. But the district court excluded any new items of damage in Appellant’s insurance expert's supplemental report, holding that it was “far too late for Appellant to raise new items of damage she has not previously claimed."The district court also excluded from the Appellant’s roofing expert’s report evidence concerning the moisture in the roof as a justification for her insistence that the roof be replaced. The district court observed that Appellant offered no credible excuse why she didn’t provide the supplemental report to Insurance Company at the time it was drafted. The lower court concluded that it would be prejudicial to Insurance Company to allow Appellant to raise a new theory on why replacement rather than repair was required because it didn’t have the opportunity to explore the moisture-in-the-roof theory of replacement during discovery. The trial judge also noted that, although the results of the roofing expert's core sample were discussed at his deposition, Insurance Company was not obligated to presume the issue of replacement due to roof moisture would be raised without a supplemental report.Appellant argued that she was so prejudiced by the incorrect exclusion of certain portions of the supplemental reports by her insurance and roofing expert that the district court should’ve granted her a new trial. Circuit Judge Clarence Beam wrote in his opinion that Federal Rule of Civil Procedure 16(f)(1)(C) allows a district court to "issue any just orders" to sanction parties for failure to follow a pretrial scheduling order and includes "prohibiting the disobedient party from . . . introducing designated matters in evidence" under Rule 37(b)(2)(A)(ii). Further, Judge Beam noted that in Patterson v. F.W. Woolworth Co. (8th Cir. 1986), the Court of Appeals stated that the factors that a court should consider in deciding whether to exclude the testimony of a witness not made known in a manner complying with a pretrial order include: (i) the reason for failing to name the witness; (ii) the importance of the witness's testimony; (iii) opposing party's required time to prepare for the testimony; and (iv) whether a continuance would be useful. These factors, the judge explained, have also been applied to supplemental expert reports disclosed later than provided for in a progression order.The Circuit Court held that the district court was within its discretion when it excluded certain portions of the supplemental expert reports and did consider the Patterson factors. As to the roofing expert’s supplemental report, the district court noted Appellant had no reason for the extreme delay of her disclosure—despite the fact that she had the report six months earlier; the lack of opportunity for Insurance Company to develop evidence and respond to the roof-moisture theory of replacement at the property; that she did not request a continuance; and that "[a] continuance at the eleventh hour was not appropriate." As to the supplemental report of her insurance expert, the district court again noted its "egregiously untimely disclosure" and observed that the new claimed damage was less than 5% of the total damages Appellant sought.Also, the Court held that Appellant wasn’t prejudiced by the exclusion of this evidence resulting in fundamental unfairness, as she could’ve called her roofing expert to support her interior-water-damage theory, which was included in both his original and supplemental reports. Appellant’s insurance expert's original report likewise presented similar opinions and even included the opinion that the roof of one of the properties needed to be replaced. The roofing expert's original report acknowledged that possibility.The Eighth Circuit agreed that the jury clearly rejected Appellant's claim to any interior damage whatsoever, and thus, the exclusion of the new items of interior damage didn’t prejudice that claim. The district court applied the law correctly under the federal rules and acted within the scope of its discretion in excluding certain portions from the supplemental expert reports. The decision was affirmed. Amplatz v. Country Mutual Insurance Company, No. 15-2645, 2016 U.S. App. LEXIS 9540 (Cir. 8 (Minn.) May 25, 2016).

Expert 519147 - TX

Expertise Description

My career has spanned more than 35 years in the field of Risk Management and Insurance with a particular focus in the oil, gas, marine, and energy industries. I have experience in producing and handling energy, marine, D&O, political risks, liability, accounts and overseeing R&D. I have provided consultations and deposition as an energy insurance expert witness in Texas.

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Expert 319181 - AL AK AZ AR BC CA(N) CA(S) CO CT DE DC FL GA HI IA ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA QC RI SC SD TN TX UT VT VA WA WV WY WI

Expertise Description

My background of over 40 years in the field of Insurance includes working as an agent, P/C agency owner, broker, Surplus Lines broker, underwriting Managing General Agent (MGA), Third Party Administrator (TPA) claims handler and active reinsurance company executive. I have expertise in commercial insurance, property/casualty insurance, significant property exposures (manufacturing & warehousing), inland marine, auto fleets, workers compensation, commercial general liability and professional liability (E&O) risks. I have over 10 years experience as an insurance expert witness in Wisconsin and have provided testimony in the areas of Insurance Bad Faith; Insurance Customs and Practices; Insurance Professional Liability; Insurance Property Casualty; and Insurance Agents & Brokers Standard of Care.

Expert 519077 - TX

Expertise Description

For over 40 years, I have worked in the Property and Casualty Insurance Industry by serving clientele in various fields, such as OCIP/CCIP/Wrap-Ups; Manufacturers; Pharmaceuticals; Oil Jobbers; Truckers; Retailers; Banks; Engineers; Aviation; Wildlife Parks, etc. My expertise includes Standard of Care in Insurance Agent Broker Errors & Omissions; Insurance Bad Faith; and Claims Handling Custom & Practice; Case Assessment; Insurance Policy Construction; Carrier Claims Negotiation / Coverage Disputes, etc. I have been providing expert witness services for more than 10 years as an Insurance Expert Witness In Texas in the areas of Flood Insurance, Commercial Ocean Marine Insurance, Commercial Auto Insurance, Agent Errors and Omissions, Pollution / Environmental Liability Insurance, and Business Income / Extra Expense Insurance.

Expert 518636 - CA(S)

Expertise Description

I have more than 20 years of experience in the Insurance industry. I have worked with Fire and Casualty insurance, Life and Health, Accident, and Variable Contracts. I am the President and Principle Agent of an insurance services company, where I have agent status with multiple insurance groups. I have over 10 years of expert witness experience with consultations and deposition.

Expert 517388 - CA(S)

Expertise Description

I have more than 40 years of experience in the Actuarial field. As a Consulting Actuary I have provided help on structured settlements, like for structured settlement reinsurance to an offshore reinsurer, as well as studies such as the study of terminal funding pricing for insurers. I have over 15 years of expert witness experience with consultation, deposition, and courtroom testimony.

Expert 316870 - AK AZ AR CA(N) CA(S) CO CT DE DC FL GA HI IA ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WY WI

Expertise Description

I have more than 35 years of experience in insurance law and coverage, as well as in commercial litigation, contracts, disability, ERISA benefits, personal injury, and civil litigation generally. My insurance practice is principally for policyholders and claimants, but presently I am also national coverage counsel for one insurance company. My practice involves all types of insurance, including general liability, professional liability, directors and officers, excess and umbrella liability, auto, homeowners, commercial property, disability, life, health, and reinsurance. I handle policy claims, bad faith claims, declaratory judgment actions, rescissions, equitable contribution and equitable subrogation claims between insurers, and claims against agents and brokers. I have also negotiated and drafted policy language for insurers and policyholders, policy buybacks and commutations, and cost-sharing agreements among insurers and policyholders for mass torts. I frequently consult with other attorneys on insurance coverage issues, for example, construing the liability insurance of their clients or of their opponents. I have over 10 years of expert witness experience with consultation and deposition.

Expert 455599 - FL

Expertise Description

I have more than 25 years of experience in the field of Insurance with expertise as President of a brokerage firm. This experience affords me a unique ability to ascertain and explain risk in simpler terms. I consult in: fully insured, self funded/self insured medical plans consulting, self funded property and casualty programs, stop loss, reinsurance, risk contracting, provider excess loss, HMO reinsurance, provider risk contracting, PPACA and medical plan design, annuities, and indexed universal life. I’m currently an Adjunct Professor and Speaker, and have over 40 articles and letters that have appeared in various publications and several professional newsletters. I am federal court qualified. I speak, broker, and consult internationally on managed care, self-funding, risk contracting, and insurance and reinsurance issues. I have over 5 years of expert witness experience with consultation, deposition, and courtroom testimony.

Expert 508447 - CA(N) CA(S)

Expertise Description

I have more than 30 years experience in the Insurance industry with experience as a public and independent adjuster. I am experienced in policy review and the adjustment of all lines of insurance claims, with specialization in homeowner, commercial fire and theft losses, and liability investigations for insurance carriers. I have over 30 years expert witness experience with consultation, deposition, and courtroom testimony.

Expert 4356 - CA(S)

Expertise Description

I have over 35 years of experience in Specialty Law Practice in insurance matters with emphasis on coverage issues. My expertise includes all personal and commercial liability lines and coverage (Commercial General Liability, Builders Risk, Course of Construction, Professional Errors and Omissions, Director and Officers, Contractors, Inland Marine, Surplus Lines, Specialty Lines, Excess and Umbrella, Employment Practices Liability, Personal Liability, Commercial and Personal Vehicle); and drafting liability insurance policy language (Commercial General Liability, Personal Liability and Environmental Policies). My experience involves Claims Handling; Duty to Investigate; Duty to Defend; Duty to Indemnify; Contribution among Insurers; Excess Insurer "Drop Down"; Rights and Duties of Primary/Excess Insurers, Bad Faith Issues, Professional Liability of Attorneys and Agents/Brokers Relating to Insurance Issues. I have more than 20 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 164961 - AL AZ CA(N) CA(S) FL IL NV NM NY OR WA

Expertise Description

I have over 30 years experience in the insurance and risk management fields as an underwriter, retail broker, program manager, consultant and expert witness. My expertise includes insurance broker operations and standard of care, insurance industry custom and practice, insurance company and broker relationships, insurance standard of care for agents and brokers, insurance disputes, marketing in the United States, London, Europe and Bermuda, alternative risk financing techniques, cpcu, program structure, and coverage analysis. I have prior expert witness experience with consultations, deposition, and courtroom testimony.

Expert 464271 - AL AK AZ AR BC CA(N) CA(S) CO CT DE DC FL GA HI IA ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA QC RI SC SD TN TX UT VT VA WA WV WY WI

Expertise Description

I have more than 40 years of experience in the commercial insurance industry with expertise in the customs and practices of the Bermuda Excess Liability insurance market, and the use and interpretation of the so-called Bermuda Excess Liability Application and Policy form. I have an in-depth appreciation and knowledge of the insurance agent/broker relationship, insurance standard of care for agents and brokers, and in determining whether or not the agent/broker has met their standard of care due the client under state law. I have additional knowledge of insurance industry custom and practice, cases involving insurance broker errors, brokerage malpractice, and omissions claims, property damage/business interruption, insurance disputes, and insurance agency breach of contract disputes. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 453818 - NJ

Expertise Description

I have more than 20 years experience in the field of Insurance with expertise in commercial insurance program management, international general and professional liability exposures, pollution liability and remediation insurance coverage, privacy and cyber liability, and product liability claims management.

Expert 444852 - PA

Expertise Description

I have more than 25 years experience in the field of Risk Management. My extensive experience includes property, liability and worker’s compensation, officer’s liability insurance, employment practices liability insurance, insurance broker management, insurance company and broker relationships, fiduciary liability insurance, insurance risk calculations, business crisis management, and crisis and disaster planning. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 444937 - AL AK AZ AR BC CA(N) CA(S) CO CT DE DC FL GA HI IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA QC RI SC SD TN TX UT VT VA WA WV WY WI

Expertise Description

I have more than 35 years experience in the field of Property and Casualty Insurance. Extensive experience in risk management, liability losses, contractor delay claims, program design, safety oversight, administration, claims handling, claims and loss damages, brokers errors and omissions, and property losses. My additional knowledge includes consolidating insurance programs for parent and subsidiary companies, funding techniques, insurance standard of care for agents and brokers, and structuring innovative solutions and alternatives. I have over 5 years expert witness experience.

Expert 371558 - TX

Expertise Description

I have more than 20 years experience in the field of Insurance, including combined insurance brokerage and executive senior corporate counsel experience. I have over 10 years executive management experience with international, large regional, and financial institution-owned insurance brokerages. I also have more than 10 years senior in-house litigation case management experience handling multiple billions of dollars in case exposures in nearly every state and throughout the world for two of the largest international insurance brokers, in addition to handling regulatory compliance, contract negotiations, insurance company and broker relationships, insurance standard of care for agents and brokers, insurance industry custom and practice, non-admitted insurance, and employment matters. I have prior expert witness experience with consultations, deposition, and courtroom testimony.

Expert 319161 - FL

Expertise Description

I have more than 30 years experience in insurance. My expertise includes: property / casualty insurance, agency management, and operations. I have experience in errors and omissions, including binding authority / procurement of coverage, claims handling, segregation of funds, and documentation. I am also knowledgeable in due diligence and policy interpretation, including commercial, personal, automobile, homeowners, commercial crime / inland marine, general liability, and workers compensation matters. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.