Expert Witness Work

I’ve consulted, drafted reports, had my deposition taken, and testified in court in cases involving many different types of insurance, including auto, homeowners, medical malpractice, life and health insurance. Although I have more frequently been the person taking the deposition rather than the one being deposed, I typically served as an expert witness in other lawyers’ cases once or twice a year. Here are some of those cases:

1. 2022. What constitutes excess surplus, and duties of a non-profit mutual insurance company with respect to excess surplus. Kelley & Kelley v. Hall and Health Care Service Corporation, Case No. 15-CH-695, Circuit Court of St. Clair County (IL).
   
   

2. 2021. Analysis of contract provisions; duties of insurer to its agents; payments constituting an illegal rebate and an unfair practice. Singleton v. Farm Bureau Insurance Federation, No. 1816-CV32742, Circuit Court of Jackson County (MO).
   
   

3. 2018. Insurer's contractual duties and vexatious refusal to pay claims. Handler v. Nationwide, No. 1716-CV11415, Circuit Court of Jackson County (MO).
   
   

4. 2018. HMO's statutory responsibilities and inability to contract away such responsibilities. King v. Kaiser, Case No. RG17845707, Los Angeles Superior Court.
   
   

5. 2017. Fronting arrangements, illusory coverage, duties of primary and excess insurer, effect of non-disclosure, implications of deductible equivalent to policy limits, requirement that Department approve proof of financial responsibility. Cuenca v. Physicians Clinic, Case No. CI12-5413, District Court of Douglas County, NE.
   
   

6. 2016. Why State Farm's Excess Assurance Protection program is insurance. DuBose v. State Farm, Case No. 3:16-cv-83, U.S. District Court for the Middle District of Louisiana.
   
   

7. 2016. Duty of mutual insurer to determine and allocate surplus; requirement that Department approve merger agreement. Chavez v. Mass Mutual, Case No. BC435321, Los Angeles Superior Court.
   
   

8. 2015. Duty of an agent to report accurately to the CLUE and MVR data bases (case involved agent falsely reporting that its insured had committed arson). Allstate v. Adams, Case No. 3:15-cv-05121, U.S. District Court for the Western District of Missouri.
   
   

9. 2009. Suitability of life insurance; significance of regulator's policy form review; discretionary groups. Peterman v. North American Co., California state court (Los Angeles). 2009.
   
   

10. 2008. Conditions under which surplus may be considered excessive; scope of business judgment rule. Hill v. State Farm, 166 Cal. App. 4th 1438 (2nd Dist. 2008).
    
    

11. 2005. Life insurer's duty in connection with the insurable interest rule (case involved murder for the purpose of obtaining life insurance proceeds). Missouri state court.
    
    

12. 2003. Duty of insurer to settle within policy limits when liability is reasonably clear. Missouri state court (St. Louis).
    
    

13. 2002. Duty of insured to inform insurer of material change in the risk. Missouri state court (St. Louis).

Additional Consulting Topics

• Duties of agents and brokers, and the differences between them.
  
  

• Conditions under which insurer has duty to appoint independent counsel to represent its insured. Conflicts of interest between insurer and its insured.
  Insurer's duty to insured in connection with potential excess verdict. Effect of excess judgment against the insured after insurer has breached its duty to defend.

• Insurer's duty under unfair claims settlement practices act. Insurer's duty to settle, and insurer conduct constituting breach of duty to settle.
  Effect of ACA on liability insurer's duties.
  
  

• Circumstances constituting notice to the insurer.
  
  

• Reasonableness of executive compensation in non-profit and for-profit corporations (for MD and PA DOI's).
  
  

• Duties of directors of non-profit corporations (for MD and PA DOI's). Charitable trust and public benefit obligations of non-profit corporations converting to for-profit status.
  
  

• Reasonableness of medical malpractice, workers compensation, auto and health insurance rate increases (for government agencies, consumer groups, and the plaintiffs' bar)
  
  

• Scope of the insurance commissioner's authority
  
  

• Definition of insurance: arrangements that qualify as insurance and those that do not.