BarbriSFCourseDetails

Course Details

This CLE webinar will provide guidance to counsel involved in insurance disputes and litigation about when and how to retain a forensic meteorologist to confirm or challenge that damage occurred where, when, or to the extent alleged (or denied). The panel will also discuss examining and cross-examining forensic meteorologists in deposition or trial as well as admissibility under FRE 702.

Description

Forensic meteorologists are retained by both insurers and policyholders in investigating and litigating insurance claims involving weather conditions such as rain, hail, wind, ice, hurricanes, flooding, tornadoes, fires, and the like. Underwriters may also employ them to assess weather risks at a given location. The types of claims where weather could be involved include property, agricultural, business interruption, winter storms, auto and truck accidents, wildfire, and aviation, to name a few.

Forensic meteorologists may be needed to opine on whether conditions existed to allow an event, when an event occurred, exactly where it occurred, its severity, and its duration. A sequence of interrelated but distinct events may show which event caused the damage. Events at various levels of severity may be counted as separate occurrences subject to separate deductibles. The same type of event and progressive damage over time may be covered by different policies. The official end of some weather events imposes duties on policyholders, which if not undertaken could affect coverage.

Weather data reports generated by well-recognized weather data resources are not always accurate: human error may input the wrong latitude or longitude, there may be gaps in coverage, weather collection equipment may not be in good repair, Doppler Radar and satellite imaging require expert interpretation. The accuracy of data has to be verified and cross-referenced. Forensic meteorologists are subject to Daubert challenges under FRE 702, and their testimony can be excluded or limited.

Listen as this experienced panel of insurance litigators and forensic meteorologist discusses the role of meteorologists in insurance litigation, effective examination and cross-examination, and getting or challenging the admission of testimony or weather data into evidence.

Outline

I. When to engage a forensic weather expert

II. How to select an expert

III. Presenting or challenging forensic meteorologist testimony 


Benefits

The panel will review these and other important issues:

  • What does a forensic weather report include?
  • What credentials should a weather expert witness have?
  • What is hyper-local weather station data?