23 Mar Insurance Dispute Expert Witness: A Game Changer in Your Case

An insurance dispute occurs when an insurance company denies your claim. Expert witnesses explain terms clearly and get you a better settlement.

Dealing with an insurance company alone is a struggle. Talking with them can leave you drowning in jargon. An expert witness serves as a translator. They “speak insurance,” cutting through the complexities so the court can see the truth.

What Is an Insurance Dispute?

An insurance dispute arises when insurance companies and policyholders disagree over who should pay for damage. The insurers may provide reasons such as:

• Passages in the policy
• Lapses in coverage
• Incomplete or incorrect claims
• Injuries or damage not covered by the insurance

Whatever the reasoning, policyholders can fight back whenever they feel the insurance company is being unfair.

What Is an Insurance Expert Witness?

An insurance expert witness is a professional with expertise across various areas of the insurance industry.

Most have worked in the industry in some capacity. They could have been anything from an agent to an underwriter. They can also specialize in different types of insurance.

Many hold professional certifications to back up their expert status. It depends on their experience and specializations. They can include:

• Chartered Property Casualty Underwriter (CPCU)
• Associate in Risk Management (ARM)
• Certified Insurance Counselor (CIC)

These credentials indicate that they know their field inside and out. It also shows they’re committed to continuing education.

What Can an Insurance Expert Witness Do?

Expert witnesses can provide many of the same services as traditional fact witnesses. They provide testimony, opinions, or analysis.

However, insurance expert witness services go beyond this. Their experience allows them to carefully examine medical records. They also have the authority to review insurance and claims holding policies.

They can help evaluate whether insurance companies are meeting legal and ethical standards. They can also help judges and juries understand complicated insurance areas.

Laws Regulating Expert Witnesses

The Federal Rules of Evidence, or FRE, regulate expert witnesses. It has several components. Following all the components helps establish credibility. It also ensures their testimony isn’t thrown out.

Rule 702

Rule 702 regulates the testimony of experts. They must meet certain criteria.

Experts have to prove their qualifications. Their testimony must be relevant and applied to the facts of the case.

It must be helpful for guiding the judge and jury in understanding the case. Their expertise must also go beyond what common knowledge could provide.

Rule 703

Rule 703 regulates the basis for testimony. Information they provide doesn’t have to follow normal admissibility rules. It’s allowed if experts in their field generally rely on it.

Rule 704

Rule 704 says expert testimony can’t be excluded just because it relates to an issue that must be proven by the judge or jury. It allows the experts to provide opinions on central matters. It doesn’t let them reveal legal conclusions, though.

Rule 705

Rule 705 lets experts reveal opinions before explaining the facts or data related to them. It streamlines court proceedings. Lawyers also have to be ready to defend these opinions.

What Kind of Cases Need Expert Witnesses?

Cases that call for an expert witness include complex insurance claim disputes. These include cases that involve:

• Bad faith claims
• Complex commercial coverage
• Business interruption claims
• Professional liability or errors and omissions claims
• Property insurance disputes
• Reinsurance disputes
• Emerging risk coverage

It’s important to have an insurance expert witness for litigation during these complex cases. They can help explain coverage and why a policy does or doesn’t apply.

Benefits of Expert Witnesses

Having a coverage dispute expert witness has several benefits.

Reputable insurance expert testimony must be objective and unbiased. This often makes them more convincing.

Experts can help the judge and jury understand the pure facts of the case without emotions or loyalties getting in the way. That includes insurance complexities such as:

• Claims-made vs. occurrence policies
• Policy exclusions
• Certificates of insurance
• Endorsements
• Coverage triggers and limits

An insurance policy expert witness can make these complex areas easier for the judge and jury to understand.

Insurance complexities can also make it difficult to quantify losses. An insurance litigation expert witness makes it easier to put numbers to damages, such as:

• Property damage
• Business interruption
• Lost income
• Future expenses

You’ll get better settlement offers and claim value with this improved valuation.

Expert witnesses are also legal case experts. They understand industry standards and know how to follow state-specific statutes. That ensures you don’t run into any compliance issues.

What Are the Four C’s of an Expert Witness?

The four C’s are qualities professional dispute resolution specialists should have.

The first C is clear communication. It’s essential in insurance dispute cases because one of their most important tasks is to make complex terms easier to digest.

The second C is coachability. An expert witness needs to always be willing to improve.

The third C is confidence. An expert needs to act like an expert to the judge and jury if they want to be convincing.

The final C is candor. Expert witnesses need to be unbiased and honest. They should present the facts exactly as they are.

How to Choose an Insurance Expert Witness

The four C’s are only the beginning when choosing an insurance claims expert witness. There are several other important qualities to look for. A few of the most essential include ensuring they’re:

• Experienced
• Objective
• Unbiased
• Credible
• Affordable

Ask around for an insurance expert witness referral or check their reviews. Look at their location. Having insurance litigation support at a nearby office is best.

Make sure to ask them questions before signing on, such as:

• What’s your area of expertise?
• What’s your experience testifying as an expert witness?
• What’s your fee structure?
• How do you prepare for cases?
• Have you worked on similar cases?
• Have you ever been excluded or disqualified?

Find an Insurance Dispute Expert Witness Today

An insurance dispute is a complex case that comes after an insurance company denies a claim. Having an insurance expert witness helps ensure a fair settlement.

Insurance Expert Networks (IEN) has worked to retain insurance expert witnesses since 2005. We have a network of over 400 experts across more than 125 areas of expertise.

We’ll help you find support for every issue related to your case. Contact us today for a free, no-obligation phone consultation.