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In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 5 of 10 An agent, more often than not, has a duty to advise (his clients). In the 2007 study “INSURANCE AGENTS’ DUTY TO ADVISE”, The Hassett Law Firm, P.L.C., of Phoenix, AZ, dealt with this question in an article by the same name. Two-thirds of the states’ case law indicates that, yes, agents do have a duty to advise their clients, at least on a case-by-case basis. This duty may be difficult to establish in 13 states, and agents are considered simply “order takers” in five states (AL, MT, RI, UT, WV). Attorneys need to check their specific state statutes and case law on this issue. As regards the precise scope of this duty, variances do exist between each state.

Lesson #5: Agents (in most cases) have a duty to do more than to just place coverage and have a responsibility to use their special knowledge to the benefit of their clients.

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White collar crime expert witnesses may testify regarding fraud examination, business crimes, white collar employees, and fraud. This week Evan B. Dooley of Mount Pleasant, TN, was sentenced in Chicago to five years in federal prison for violating the Commodity Exchange Act. Dooley made unlawful futures trades on the Chicago Board of Trade while working at MF Global Inc. from 2006 to 2008. As a result, MF Global Inc. lost $141 million which Dooley was ordered to repay.

More info at http://www.therepublic.com/.

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Psychiatry expert Dr. Erik David Knudson examined Aaron Schaffhausen and testified in St. Croix County District Court that he believes Schaffhausen was sane when he killed his three daughters in July. Schaffhausen admits to killing his children but says he is not responsible due to his mental illness. The jury rejected his insanity defense and he was found guilty Tuesday.

The forensic psychiatry expert witness testified that none of the defendant’s diagnoses qualified as legal insanity. Dr. Knudson practices at the Mendota Mental Health Institute in psychiatry and forensic psychiatry.

Read more at http://kstp.com/news/.

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Environmental toxicology expert witnesses may write reports and opine regarding toxic chemicals exposure, PCBs, forensic toxicology, and related matters. The Washington state Senate Energy, Environment and Telecommunications Committee heard testimony on legislation to ban two carcinogenic flame retardants in car seats, strollers and other products made for young children. Chlorinated Tris (TDCPP) was banned from children’s sleepwear in 1977 but is still used as a foam additive. New York state banned TCEP from children’s products two years ago.

The Washington State Council of Fire Fighters and the Washington Toxics Coalition supports the Toxic-Free Kids and Families Act (House Bill 1294 and Senate Bill 5181) which bans two forms of tris flame retardants (TDCPP and TCEP) in children’s products and home furniture beginning July 1, 2014. It would also prevent makers of children’s products and home furniture from replacing Tris with other toxic flame retardants that have been identified by the state Ecology Department as a concern for children’s health beginning July 1, 2015.

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Legal fees expert witnesses may advise regarding attorneys’ fees, legal billing, and fee disputes. DLA Piper, a global law firm with 4,200 lawyers located in more than 30 countries, is being sued for overbilling. Emails sent by several former DLA Piper lawyers uncover billing for unnecessary or unworked hours in a New York bankruptcy case. Adam Victor hired DLA Piper to handle a case for the power plant company Project Orange Associates. Victor is now suing his former law firm.

DLA Piper v. Victor, 650374/2012 Supreme Court of the State of New York.

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In Healthcare Reform: Hurricane or Rainbow, insurance expert witness Stephen George, MBA-HA, writes:

The common denominator to the “business of healthcare” is the assumption and management of financial risk. Fewer and fewer insurers will allow physicians and hospitals a blank check going forward, and our government will set the pace of the charge because of the burgeoning Medicare and Medicaid entitlement programs. The sooner medical providers realize their future autonomy hinges on balancing cost with efficacy of care, the better chance of keeping control. The AMA has been enormously effective at repealing federal fee schedule cuts, but that cannot be counted on forever. The AHA has been noticeably ineffective in getting cuts repealed. Should the national insurance advocates have their way, tremendous change is in store for hospitals, physicians, health insurers and consumers.

Mr. George is a federal court qualified expert witness. He is certified by the AMA for CME teaching, and holds adjunct professor status at Nova University, Southeastern. Since establishing Provider Risk in 1995, Mr. George has served as president and CEO.

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In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) property insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 4 of 10 All insurance buyers are not created equal. A large business or wealthy individual/family have much different insurance needs than a small to medium-sized business or a low to middle-income individual/family. One size does not fit all and insurance companies are no longer all things to all insurance buyers. Insurance companies have become very specific in their target markets. Insurance should be purchased from an agent experienced in providing coverage for the size and type business or household of the buyer’s size or situation. Agents who do not have the requisite knowledge of the industry and the client should not sell the coverage. The agents cannot be the sole decision-makers on these matters; their legal ability to write a policy does not necessarily mean they are qualified to write it from the buyers’ perspective.

Lesson #4: Your client (the insurance buyer) should make sure the agent is experienced in writing policies of the size and scope of the policy being purchased from them.

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The Florida Senate passed legislation that would tighten restrictions on expert witnesses in medical malpractice cases. Florida SB 1792 now goes to the state House. The legislation requires expert witnesses in malpractice cases to be experts in the same specialty as the doctors who are defendants. Those opposed say that the change will decrease the number of expert witnesses eligible to testify which could be a hardship for those pursuing malpractice cases.

Read more: SB 1792: Medical Negligence Actions

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Electrical expert witnesses may consult on issues regarding electrical design evaluation, electrical accidents, and electrical shock. At http://www.intelligentutility.com/, electrical engineer Donald R. Johnson writes: “Stray voltage is a much more common occurrence than the general public realizes.” Mr. Johnson specializes in evaluating stray voltage as well as high and low voltage electrical contacts.

Wikipedia describes stray voltage as “the occurrence of electrical potential between two objects that ideally should not have any voltage difference between them.”

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Mechanical engineering expert witnesses may opine on issues regarding applied mechanics, mechanical failures, mechanical systems, and associated matters. This week, Garfield County Oklahoma District Court Judge Dennis Hladik ruled that the discovery deadline will not be extended to include expert witness George Wandling in the negligence case against Zaloudek Grain Co. Plaintiffs include the families of young men who lost their legs while working at a company grain elevator. Dr. Wandling, P.E., C.F.E.I., President of Wandling Engineering, is an expert on the design of the grain facilities.

Complicating matters, insurance company CompSource refused to cover the accident. Zaloudek’s worker compensation policy was cancelled when the company did not provide information for an audit in a timely way.

Read more: http://enidnews.com/