Articles Posted in Researching Experts

In The Paige Report: Does an insurance broker have a duty to give advice?, insurance practices expert witness Mr. David H. Paige, Esq. writes:

Implications for Agent/Broker Liability: The continuing issue addressed in this decision is whether insurance brokers have an obligation to give advice, and not simply to purchase the coverage requested. As will be addressed in later Reports, other states have implied that an insurance broker has a duty to speak up and advise an insured to take action when it is clear to the broker that the client is acting unwisely. Perhaps one of the biggest issues to be addressed is whether the differing state standards are surprising to insureds who find themselves without the advice that they thought was implied in their relationship with their broker.

* Williams v. Hilb, Rogal & Hobbs Insurance Services of California, Inc., 177 Cal. App. 4th 624, 98 Cal. Rptr. 3d 910 (2009). PLEASE NOTE: Full copies of court decisions may be available through counsel or through various internet links and paid services.

Risk management expert witnesses may opine on damages, insurance claims, and insurance coverage. The International Risk Management Institute, Inc., offers a Glossary of Insurance and Risk Management Terms on their website.

The Glossary of Insurance and Risk Management Terms was first published by IRMI in 1978 to help those within and outside the insurance industry to communicate effectively. It has been continuously updated and expanded since the original publication and, with definitions of more than 3,100 risk and insurance terms, is probably the most comprehensive and up to date property and casualty insurance glossary or dictionary.

Use the index of defined risk management and insurance terms, the expandable table of contents on the left, or the IRMI.com search engine to find the insurance or risk management definition you need.

In The Paige Report: Does an insurance broker have a duty to give advice?, insurance practices expert witness Mr. David H. Paige, Esq. writes:

A continuing issue that has reappeared for years is the question of whether an insurance broker has an obligation to speak out and suggest to an insured that he should be purchasing more or different insurance. The courts have split on this question in different jurisdictions. As a latest example, a California court found that the defendant insurance agent did not have a duty to volunteer that an insured should procure different or additional coverage. Instead, as is the trend in many jurisdictions, the court stated that a duty to advise on additional insurance only arises under very specific circumstances. In California, the court found an expanded duty to advise arises when only one of three conditions is first met: (1) when the agent misrepresents the nature, extent or scope of the coverage being offered or provided, (2) when there is a request or inquiry by the insured for a particular type or extent of coverage, or (3) when the agent assumes an additional duty by either express agreement or by holding himself out as having expertise in a given field of insurance being sought by the insured.

Trucking industry experts witnesses may consult on issues involving interstate motor carrier operations, trucking and transportation rules and regulations, and more.

In the news last week, Los Angeles and Long Beach ports terminal operators have reached a settlement with the California Attorney General over diesel emissions. AG Kamala D. Harris alleged the terminals violated Proposition 65.

Read more: truckinginfo.com.

Disability insurance expert witnesses may opine on disability income insurance, and disability insurance claims, among other topics. Insurancelocal.com reports:

Nearly 40% of working people have disability insurance while 70% have life insurance. For many Americans the thought of a long term disability seems much less likely than death. However, the facts show that one in five people between the ages 35 and 65 will become disabled for at least five years. We are three times more likely to become disabled during this time than to die, yet most still don’t have disability insurance.

Read more: insurancelocal.com

Property insurance expert witness Burl Daniel, CPCU, CIC, CRM, writes that business owners require customized property insurance for:

* Buildings and Business Personal Property * Construction projects (Builders Risk, Inland Marine, Equipment Floaters)

* Cargo in transit over land or sea (Ocean and Inland Marine, import / export, offshore drilling rigs)

Trucking and transportation rules and regulations expert witness Lew Grill, SAGE Corporation, lists state motor vehicle codes on his website at: http://www.lewgrill.com.

In Executive Protection & Travel Security, risk assessment expert witness Ira S. Somerson, CPP, CSC, writes:

An executive protection program could involve the delivery of concise briefing statements to executives traveling abroad,

or having a crisis management response to the abduction or assassination of a key executive. The key is to assess the degree and nature of risks that affect strategic executives and, consequently, their organization. The goal is to prepare a reasonable and effective program to deter, deny, detect,

Trucking accidents expert witnesses may opine on qualifications of truck drivers, and federal motor vehicle safety standards, as well as related issues. In Driver Distraction Countermeasures, The American Transportation Research Institute writes:

As a follow-on to FMCSA-sponsored research that quantified and analyzed the role of cell phones in the trucking industry, ATRI is now participating on an FMCSA-sponsored research study to identify and assess different driver distraction countermeasures with an emphasis on technology-based distraction. The assessment will include the identification and efficacy of both existing and emerging countermeasure tools.

Read more: atri-online.org.

In Fraud Prevention & Ethics Programs, risk management plans expert witness Ira S. Somerson, CPP, CSC, writes:

The vast majority of organizations do have an ethics policy. But if you ask the employees of these organizations if they have read this policy, they will reluctantly confess that they did not even know that one existed! Fraud is preventable and the critical potential from this risk can be mitigated. Federal corporate sentencing guidelines specifically advise that the presence of a workable and active crime prevention program within the organization will bear significantly upon the verdict and size of penalty. An ethics policy and its procedures must be something that employees can rely upon on a day-to-day basis. The ingredients include providing employees with the capability to anonymously report concerns, giving employees availability to advice when concerned with ethical decisions, and providing awareness and orientation programs to new and existing staff. Of course, senior executives set the tone for this objective and their awareness of how they are perceived is critical to the message delivered. Fraud prevention is also a matter of defensive strategy. Specific audits or risk assessments that identify serious potential fraud may assist in narrowing defensive strategy focus.