Articles Posted in Expert Witness News

The Insurance Institute for Highway Safety, Consumer Reports, the federal government, and many other auto industry experts say electronic stability control is the most important auto safety innovation since seat belts. “Our recommendation to consumers is that you want to buy a vehicle with electronic stability control,” said David Zuby, a vice president of the Insurance Institute. “It’s a very effective way of reducing the risk of fatal crashes.” 100 percent of vehicles must have it by 2012 which may prevent thousands of deaths each year. According to Insurance Institute research, half of fatalities occur in single-vehicle crashes, and 50 percent of those are preventable using ESC. MercuryNews.com writes:

The U.S. Department of Transportation, as well as the Insurance Institute, a nonprofit researcher funded by insurers, has done much of the research related to stability control. ESC will reduce single-vehicle fatal crash risk by 51 percent, and multiple-vehicle fatal crash risk by 20 percent for cars and SUVs, the institute says.

The technology is particularly useful on sport-utility vehicles, which tend to be top-heavy and more prone to rolling over. ESC reduces the risk of a fatal single-vehicle rollover in an SUV by 72 percent, according to the institute. About 10,000 Americans die each year in rollover accidents.

In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes on security ordinances:

To ensure that security and crime prevention considerations are included in new construction and remodeling projects, a growing number of city and county governments have adopted minimum security standards as part of their local building codes. Generally where these standards exist, they are subjected to the same inspection and review process as any other building code requirement. Compliance must be shown before building permits can be obtained or certificates of occupancy issued. Although these codes are primarily applicable during the design and construction process, many also place requirements and restrictions on the continuing use of buildings and property after construction. Building Security Codes can apply to all building types and most land uses.

While specific wording may vary somewhat among jurisdictions, the requirements of these codes are generally similar. One reason for this similarity is the fact that many jurisdictions have adopted security ordinances based on Model Building Security Codes such as the one developed by the California Crime Prevention Officers Association (CCPOA). This organization was an early proponent of “Crime Prevention Through Environmental Design” and Building Security Codes. It is a pioneer in the crime prevention field and has, through its members, been instrumental in the development of many of the crime prevention programs in use today.

In Pitfalls for Attorneys, Business Managers and CPAs auditing expert witness Chris McConnell writes on steps to consider to insulate your professional practice:

* Identify potential fiduciary risk exposure areas in your practice * Review E&O insurance for coverage or exclusions related to investment fiduciary activities

* Inform clients who act as trustees of fiduciary responsibilities and liability * Alert clients of potential liability before they accept a trustee or board position on a non-profit * Become familiar with federal and state laws concerning investment fiduciary standards of care:

In Pitfalls for Attorneys, Business Managers and CPAs auditing expert witness Chris McConnell writes on pitfalls for attorneys, business managers and CPAs:

* Providing investment advice to clients whether or not you receive compensation * Drawing the line between investment advice and legal, financial or tax advice

* Serving as trustee to accomodate a client who doesn’t want heirs to know or be involved

In Fire Investigation Reports: The Key to Writing a Quality Report fire expert witness and Principal of Pyrocop, Inc., Robert Rowe writes on the preparation of a fire report:

One of the most essential components of fire investigation is the writing of an accurate and comprehensive fire report. Although the writing styles of fire investigators may vary, as with any professional report, preparation is the essential first step.

The fire investigator must insure that all necessary information pertinent to the fire investigation has been collected and compiled before the report can be written. The material within the report must be arranged in a systematic order and that information not pertinent to the case is left out. Utilization of an outline will assist the fire investigator in ensuring that the report is in chronological order and easy to follow.

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

Loan underwriting is performed by the mortgage banker’s underwriter who decides whether the loan will be consistent with governing loan program underwriting standards and, therefore, should or should not made by the mortgage banker. Also, the mortgage banker’s underwriter, where the PMI underwriting is delegated to the mortgage banker, decides whether the loan qualifies or does not qualify for PMI insurance. Based on at all the information gathered during the wholesale loan processing by the mortgage broker, the loan underwriter analyzes and considers these three areas of risks ─ collateral risk (loan-to-value), capacity risk (ability-to-repay/income) and character risk (credit, reputation).

Collateral risk is analyzed by reviewing the appraisal to ensure that all the criteria required by the appraisal standards are met. Second, the underwriter must address the liquidation value of the property if it should go into foreclosure. Third, the underwriter must address the marketability timeframe if the mortgage banker had to sell the property after foreclosure. After determining that the answers to these areas are satisfactory, the underwriter determines the appropriate loan-to-value (LTV) ratio for the collateral.

In How Projects Go Awry, mold expert witness Russell Keeler writes on mold and moisture damage:

Over the years, we have observed many cases of humidity gone wild, with the attendant formation of mold or other moisture damage. Condensation can be the result of actions by the various players in the construction process.

The designer • A design that does not provide for humidity control.

Dave and Kathei Hendrickson have filed suit against Farmers Insurance Company of Oregon for denying them coverage when their four-level home cascaded down a hill into two other houses on Oct. 8. The Hendricksons allege in the $2 million complaint filed Dec. 10 in Multnomah County Circuit Court that Farmers has been “calculatingly malicious” in its refusal to pay for any damage resulting from the landslide.

According to homeowner’s insurance expert witnesses, “earth movement” is not typically covered by homeowner’s insurance and requires a rare extra policy. The Hendricksons claim in their suit that a Farmers Insurance agent told them when they bought a “Protector Plus Homeowners Package” that it would cover all eventualities, including earth movement.
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The Philadelphia firefighter’s union lost a bid to prevent closing seven fire companies targeted as part of Mayor Nutter’s response to the current budget crisis. Common Pleas Judge Gary DiVito yesterday ruled that Nutter could unilaterally make the cuts and said the union’s fire expert witness had not shown that eliminating five engine companies and two ladder companies would endanger firefighters or the public. DiVito also said that Local 22 of the International Association of Firefighters had failed to show that the cuts posed a threat to public safety. Philly.com also reports:

It was a much-needed victory for Nutter in his effort to close a five-year, $1 billion budget gap that he has warned is likely to grow. Nutter estimates that the fire closures would save $10.4 million annually… The firefighters requested an injunction earlier this month, arguing that Nutter was required to bargain with the union when it came to issues of firefighter safety.

In Alternative Dispute Resolution in the Hospitality Industry hospitality expert witness Maurice Robinson writes:

With the increasing popularity of ADR in all areas of business, it was inevitable that the hospitality industry would take note of its advantages. With the escalating costs associated with litigation, organizations involved in the hospitality sector are increasingly recognizing that disputes that arise between parties may be reasonably, fairly and economically resolved through ADR. Hotel management and franchise agreements, for example, have frequently included arbitration and mediation provisions, but they generally have referred to standard rules and used third-party providers with little background in the industry.

Arbitrators and mediators have thus been brought into hospitality dispute resolution with little understanding of the history and dynamics of the sector. And while neutrality has generally been assured, there has been frustration associated with the frequent lack of understanding of the issues involved on the part of the key players in the process – the arbitrators and mediators.