Question 1

How can a law firm find an insurance customs and practices expert witness in the United States?

Accepted Answer

A law firm can find an insurance customs and practices expert witness by searching specialist expert witness directories, bar association resources, and insurance law organizations. Counsel typically filters candidates by jurisdiction, carrier-side or policyholder-side background, lines of coverage, and experience with bad faith or coverage litigation. A qualified expert usually has senior claims, underwriting, or management experience with insurers or brokers and a record of prior deposition and trial testimony. Case-specific conflicts checks and review of curriculum vitae, publications, and Daubert history help confirm suitability.

Question 2

What does an insurance customs and practices expert witness do in bad faith litigation?

Accepted Answer

An insurance customs and practices expert witness in bad faith litigation assesses whether the insurer met industry standards and legal duties in handling the claim. The expert evaluates timeliness and adequacy of investigation, reservation of rights letters, coverage position letters, and settlement negotiations. The expert compares insurer actions to state insurance codes, unfair claims settlement practices acts, NAIC model regulations, and internal claims handling manuals. The expert then prepares a written report and offers testimony in deposition and at trial regarding whether the insurer acted reasonably and in good faith.

Question 3

In what types of cases is an insurance customs and practices expert commonly used?

Accepted Answer

An insurance customs and practices expert witness is commonly used in first-party bad faith claims, third-party failure-to-settle claims, and complex coverage disputes. These experts also appear in cases involving denial or delay of disability, life, property, liability, and professional lines claims. Counsel retains these experts in class actions alleging systemic unfair claims handling practices, as well as in agent and broker negligence suits regarding policy placement, misrepresentation, and failure to procure coverage. Federal and state courts rely on such experts to explain specialized insurance industry customs to fact-finders.

Question 4

What qualifications should an insurance customs and practices expert witness have?

Accepted Answer

An insurance customs and practices expert witness should have substantial practical experience in claims handling, underwriting, or insurance company management. Typical credentials include prior roles as a claims adjuster, claims manager, vice president of claims, underwriter, or brokerage executive. Professional designations such as CPCU, AIC, ARM, or similar certifications can demonstrate technical training in insurance principles and practices. A qualified expert also maintains familiarity with current state insurance regulations, NAIC model laws, and market conduct standards, and has prior experience preparing expert reports and giving testimony under Daubert or Rule 702 standards.

Question 5

How does an insurance customs and practices expert witness evaluate insurer conduct in a claim file?

Accepted Answer

An insurance customs and practices expert witness evaluates insurer conduct by performing a structured review of the complete claim file and related documents. The expert examines initial notice of loss, investigation steps, recorded statements, use of independent experts, coverage analysis, reserving decisions, and settlement communications. The expert then compares these actions to written claims handling guidelines, industry customs, state unfair claims settlement practices acts, and the duty of good faith and fair dealing. Any deviations from reasonable claims practices, documentation standards, or regulatory requirements are identified and explained for the court or arbitration panel.

Question 6

Can an insurance customs and practices expert witness address insurance agent or broker negligence?

Accepted Answer

An insurance customs and practices expert witness can address insurance agent or broker negligence when the issues involve industry standards for advising clients, placing coverage, and communicating policy terms. The expert analyzes whether the agent or broker acted as a reasonably prudent insurance professional would act under similar circumstances. The expert considers needs assessments, coverage recommendations, documentation of client instructions, and the handling of renewals or policy changes. Testimony typically focuses on the applicable standard of care, custom and practice in the insurance marketplace, and whether any breach contributed to an uncovered or underinsured loss.

Question 7

How are fees typically structured for insurance customs and practices expert witnesses?

Accepted Answer

Fees for insurance customs and practices expert witnesses are typically structured on an hourly basis with an initial retainer. Hourly rates often differ for document review, conferences with counsel, report preparation, deposition testimony, and trial testimony. Engagement letters usually specify minimum blocks of time for testimony and travel, as well as rates for cancellation or rescheduling. Law firms should clarify billing policies for administrative time, exhibits, and supplemental reports so that litigation budgets for expert services remain predictable.

Question 8

What is the role of an insurance customs and practices expert in federal court under Daubert and Rule 702?

Accepted Answer

In federal court, an insurance customs and practices expert witness must satisfy Federal Rule of Evidence 702 and Daubert reliability standards. The expert must demonstrate specialized knowledge of insurance industry customs, a reliable methodology for evaluating claim handling, and a clear connection between opinions and the facts of the case. Courts assess the expert’s qualifications, data reviewed, analytical process, and consistency with recognized insurance standards. When admitted, the expert assists the trier of fact by explaining technical insurance practices, regulatory expectations, and the reasonableness of insurer or agent conduct.

Question 9

When should counsel retain an insurance customs and practices expert in a bad faith or coverage dispute?

Accepted Answer

Counsel should retain an insurance customs and practices expert early in a bad faith or coverage dispute so that key issues can be framed correctly. Early involvement allows the expert to help identify critical documents, evaluate initial claim file productions, and suggest discovery targeted to claims handling practices and corporate policies. Timely retention also gives the expert sufficient time to review voluminous materials, prepare a comprehensive report, and assist with deposition outlines for adjusters and corporate representatives. Late retention can limit the usefulness of the expert’s analysis and may compress report and disclosure deadlines.

Question 10

What documents should a law firm provide to an insurance customs and practices expert witness?

Accepted Answer

A law firm should provide an insurance customs and practices expert witness with the complete policy, all endorsements, and the full claim file. Relevant materials include applications, underwriting files, correspondence, claim notes, emails, internal memoranda, reserve information, and any coverage or denial letters. Counsel should also supply applicable claims handling guidelines, training materials, and any regulatory correspondence or market conduct examination reports. Providing pleadings, discovery responses, deposition transcripts, and key exhibits allows the expert to place insurer conduct in proper context and support well-founded opinions.

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