March 03, 2021 Feature

Use and Abuse of Claims Experts in Bad Faith Litigation

Michael Huddleston
GettyImages.com/guirong hao

GettyImages.com/guirong hao

Although claims experts can assist the trier of fact in understanding insurance industry standards, be sure their testimony is not based on barren legal conclusions.

Experts in bad faith cases come in a wide variety. This article focuses on the use of “claims” experts in extracontractual cases. These cases of course can involve either (1) first-party claims under personal lines, commercial property, life insurance, and other policies potentially obligating the insurer to pay for loss directly to the insured; or (2) third-party liability claims involving allegations of things such as wrongful refusal to defend and wrongful refusal to settle.

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