In All Should Use Greater Care Handling Underwriting Information, insurance expert witness Akos Swierkiewicz writes: In some instances, there may be an appearance of misrepresentation or omission due to the failure by the insurer to clarify responses to application questions. When presented with ambiguous or conflicting information, it behooves insurers…
Medical expert witness and Chief Editor of web-based emedicine Dr. Erik Schraga would like legal professionals and experts to know that emedicine offers continually updated clinical reference information which may prove useful in cases they are working on. The following excerpt on cardiology provides information on atrial fibrillation medicolegal pitfalls.…
In All Should Use Greater Care Handling Underwriting Information, insurance customs expert witness Akos Swierkiewicz writes: The need for greater care with handling of underwriting information is not limited to applicants and brokers. Insurers should ask all pertinent questions in the application form because, in many instances, the applicant may…
In All Should Use Greater Care Handling Underwriting Information, insurance practices expert witness Akos Swierkiewicz writes: The following are examples of alleged misrepresentations or omissions involving litigation: * the broker asked the applicant to sign a blank application form, completed and released it to the insurer without providing copy to…
In All Should Use Greater Care Handling Underwriting Information, insurance expert witness Akos Swierkiewicz writes: State insurance laws generally allow the insurer to deny claims or rescind the policy for misrepresentation or omission, including concealment fact or incorrect statement, if: * it was material either to the acceptance of the…
On his website, aviation expert witness John Ogle, MD, MPH, FACEP, lists FAA medical questions regarding a pilot applicant’s medical history and information on how the FAA considers any problems with respect to flight safety. Here are13-24: Medical History 13. Mental disorders of any sort; depression, anxiety, etc. (More…) 14.…
In Product Experience or Expert Experience?, patent infringement expert witness James G. Rice writes: Because patent litigation is one of the more complex areas of litigation, the expert witness is susceptible to making a critical mistake, for example, during a deposition. From my own experience, it appears that patent litigation…
In Product Experience or Expert Experience?, patents expert witness James G. Rice writes: Quite often when I receive an inquiry from an attorney about a new case, the case deals with a product or device that involves a very specialized and narrow area of design and engineering. A typical example…
In All Should Use Greater Care Handling Underwriting Information, insurance customs expert witness Akos Swierkiewicz writes: Misrepresentations or omissions primarily originate from negligence by the applicant or broker during the course of the obtaining underwriting information and completing the application. One of the major functions of brokers is to obtain…
In All Should Use Greater Care Handling Underwriting Information, insurance practices expert witness Akos Swierkiewicz writes: One of the tenets of insurance law is that parties to an insurance policy are expected to deal with each other in utmost good faith. Applicants for insurance or their brokers must disclose all…