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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Monday, October 28, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Charles Miller
Attorney
Insurance Law Center

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.  

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David A. Gauntlett
Principal
Gauntlett Law

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.

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Description

Insurer claims handling manuals, training materials, and guidelines are often unavailable or offer little useful information. Insurance claims experts explain how adjusting works and offer information and analysis about the training, policies and procedures, and policy interpretation by insurance claims handlers and whether their subsequent decisions in covering or denying claims met with industry standards.

Insurance claims handlers must analyze and apply law, policies, statutes, and regulations when they adjust claims. Proponents contend claims experts should be able to testify as to whether the handler properly interpreted and applied the relevant policy provisions in accordance with known law. Others contend this type of testimony invades the province of the court to construe the policy and should be excluded.

Either way, the admissibility of expert evidence is governed by Federal Rule of Evidence 702 and state counterparts, as well as interpretive decisions. There are no established criteria for being deemed a claims handling expert.

Listen as this highly experienced panel of claims handling experts who have testified in deposition and trial throughout the country discuss the use of claims handling experts in bad faith insurance claims and the controlling evidentiary rules.

Outline

  1. Reasons to use a claims handling expert
  2. Topics about which claims experts testify
  3. Qualifications
  4. Admissibility under FRE 702/Daubert
  5. Strategies for plaintiffs
  6. 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?