About the Course
Introduction
This CLE webinar will discuss the unique challenges of using opinion experts in bad faith insurance litigation, the legal requirements for tendering expert testimony at trial, and objections to overcome.
Description
Expert witnesses can play a critical role in coverage and bad faith litigation by helping a jury understand complicated concepts, such as the proper standard of care or the science of how a loss occurred or progressed. However, experts cannot render legal opinions by interpreting the policy or testifying as to the scope of an insurer's duty under the policy.
Both plaintiffs and defendants use experts in bad faith litigation. 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 intent of specific policy provisions.
Litigators must avoid the pitfalls of using expert witnesses whose credibility might be attacked based on previous testimony, the expert's relationship with a particular insurance company, or who lacks specific experience with the subject or facts at issue.
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 best practices for getting the testimony or keeping it out.
Presented By
Mr. Franklin is a business trial lawyer who has tried nearly fifty jury trials in his career. He handles cases throughout California and Colorado, focusing primarily on insurance coverage/bad faith litigation and business litigation. Mr. Franklin has represented mutual funds, software companies, biotech companies, contractors, developers, manufacturers, law firms, accounting firms, medical practices, small businesses, and individuals as both plaintiffs and defendants in a variety of high-stakes disputes. He represents businesses in disputes alleging breach of contract and business torts, including fraud, breach of fiduciary duty, and unfair competition. Mr. Franklin also handles civil actions alleging violations of various state and federal statutes, including California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), Consumer Legal Remedies Act (“CLRA”), and the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Apart from his litigation practice, he completed mediation training at Pepperdine University’s Straus Institute for Dispute Resolution and occasionally serves as a mediator for commercial insurance coverage disputes. Mr. Franklin is currently a member of the Mediation Panel for the U.S. District Court for the Central District of California.
Mr. Kornblum is the principal in Guy O. Kornblum, A Professional Law Corporation with offices in San Francisco, California. He has specialized in civil litigation for over 45 years. Mr. Kornblum's firm specializes in a wide range of civil litigation, including serious injury and wrongful death, medical and legal malpractice, financial and physical elder abuse, and all aspects of insurance including “bad faith” claims. Mr. Kornblum himself has handled over 4000 litigated matters to a conclusion and has several million dollars plus cases to his credit. He has represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations over his years of practice. Mr. Kornblum is highly regarded for his litigation skills, and his representation of his clients in settlement negotiations and mediations, where he has a strong track record of successful settlements.
Mr. Levin a shareholder in the Denver law firm Levin Sitcoff PC, focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes. He has significant litigation and trial experience. In addition to teaching legal writing and research at Hastings College of Law, Mr. Levin has lectured frequently in the areas of insurance coverage and bad faith law. He is licensed to practice in California and Colorado.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, February 19, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Overview of evidentiary rules on expert opinion testimony
- Typical insurance experts (underwriters, claims handlers, brokers, regulators, and attorneys)
- Opinions in coverage litigation (underwriting risks, duties under the policy, the ambiguity of policy language)
- Opinions in bad faith claims (standard of care in the industry, the reasonableness of claims adjuster's conduct)
- Objections to witness testimony and avoiding pitfalls in presenting expert opinions
The panel will review these and other key issues:
- On what issues are experts not permitted to render opinions?
- What industry experts are best suited for bad faith claims, and what are typical challenges or objections to their testimony?
- What industry experts are best suited for insurance coverage claims, and what are frequent challenges or objections to their testimony?
- Under what circumstances would attorneys play a role in presenting expert witness opinions?
Related Courses
The Insurer's Duty to Settle: Bad Faith and Verdicts in Excess of Policy Limits
Available On-Demand
Ethics of Insurance Defense Under a Reservation of Rights: Ethical Rules, Conflicts, Right to Independent Counsel
Wednesday, April 22, 2026
1:00 p.m. ET/10:00 a.m. PT
