Expert Witness

As an insurance professional with more than 35 years of experience, I am qualified to act as an expert witness in the following areas:

Insurance agents’ and brokers’ standard of care — Generally speaking, the insurance agent or broker owes a high degree of care to its client.  The extent of broker’s duty, in any specific case, is the result of the facts, statutory requirements and common law.  In assessing the degree to which a broker has satisfied his or her duty, the broker’s stated policies, procedures and practices have a most persuasive effect.  By comparing the broker’s actual performance to the performance required by his or her firm, a compelling case can be made for the broker’s success or failure at providing the appropriate level of care.

Obligations of employed producers — Unfortunately, a contract that appeared clear to both parties when signed becomes less than clear when a dispute arises.  Furthermore, the wording of many producer contracts is in direct contradiction to the laws of the state in which the contract was executed.  Producer contracts often come into focus when a producer accepts a new offer of employment. In many cases, the former employer desires compensation or attempts to enforce non-compete or anti-piracy wording in the contract.

Producer compensation — Again, while the intent of the parties appeared clear when the contract was executed, those intentions may change subsequently. Practice may differ from contractual terms. Contractual terms may be verbally or informally amended for a period of time before one part or another seeks to enforce the terms of the contract as written.

Insurance brokerage practice, policies and procedures — Insurance brokers and agents have developed sophisticated programs for “E&O Prevention” and, not surprisingly, following those procedures has resulted in higher levels of performance throughout the industry.  Following prescribed procedures certainly reduces the risk of errors and omissions. Failure to follow the procedures, conversely, has led to unwanted results. How a brokerage team actually follows the policies and procedures outlined by its employer has a strong bearing on whether that employer may be liable should an unwanted outcome occur.

Manuscript property and casualty insurance coverage forms — Manuscript policy forms have been a continuous source of disagreement since they were first used many years ago.  While the placing broker and the insured often thought they understood the underlying meaning of the policy language, the insurance carrier representative often disagreed with the insured’s and the broker’s interpretation.  In such cases, standard policy language can become a guide to the policy interpretation. External facts of the placement, the identification of the risks sought to be insured and the discussions between the placing broker and the underwriter may have a significant bearing on whether a loss is covered for the full amount.

Insurance industry custom and practice — Unfortunately, errors and omissions are not the sole purview of the agent or broker.  Often, it is the carrier that has erred in its duty to the insured.  The relationships between and among the placing agent or broker, the insurance carrier or carriers, both primary and excess, and the expectations of the insured party are sometimes in conflict. In such cases, testimony as to the customary practices within the insurance industry can assist in the resolution of disagreements between the parties.