Expert Witnesses in Bad Faith and Coverage Litigation

This CLE course will discuss the unique challenges of using opinion experts in bad faith insurance litigation, the legal requirements for tendering expert testimony at trial, and objections to overcome.

Expert witnesses can play a critical role in coverage and bad faith litigation by helping a jury understand the structure of an insurance policy and its various insuring provisions and exclusions. They may also testify about how claims are handled and the proper standards that apply in investigating, assessing, evaluating and determining coverage. However, there can be limitations if they intrude into areas that the court finds are “legal concepts.” This can be a fine line but there are ways to portray any claim without intruding on the court’s province. Our program will focus in part on the proper approach to get the most “bang for your buck” from your expert.

Both plaintiffs and defendants use experts in bad faith litigation. Claims adjusters are typically used in insurance claims litigation to provide opinions on whether the claims handling met the “good faith” claims principles in the investigation, processing, handling, evaluation and decision making process. Underwriters are called to explain how a risk is evaluated and the type of insurance protection that is usually provided given the type of insurance coverage provided.

Litigators must avoid the pitfalls of using expert witnesses whose credentials do not fit the subject matter, or whose bias is evident. Prior testimony can be used to challenge an expert's views. There are many areas that can be explored to challenge an opposing expert.

Listen as our authoritative panel of insurance attorneys discusses the evidentiary rules governing the admissibility of expert opinion testimony in insurance coverage and bad faith litigation and best practices for getting the testimony or keeping it out.