Expert Witness Blog

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE:

Define their capability. Focus on securing information that is meaningful to being an effective distributor for your line. Calculate indexes based on national average or similar distributors. Keep it simple. Page 3, table 3, Capability Index.

1. Personnel: Outside sales, customer service, field service. Total # of each available for your line. Sales/employee for each.

Commercial insurance expert witnesses may testify and write reports on commercial liability policies, professional liability insurance, agent errors and omissions, and associated matters. Here, the law firm of Kunz, Plitt, Hyland & Demlong writes on commercial insurance:

Businesses may choose to purchase business interruption insurance, which pays for the cost of employee salaries and other expenses if the business cannot operate when the premises are damaged. Most businesses are required by law to carry some form of workers’ compensation insurance, which compensates employees who are injured while performing their job duties. Businesses also may have other unique insurance needs.

When a business buys a policy to protect itself against liability, it is likely to be a “CGL” (commercial general liability) policy. This type of policy pays for many types of risks that might cause the business to be liable to a third party. Coverage under a CGL policy usually includes such risks as personal injury claims brought by customers injured on the business premises or by the business’s products. A policy also may provide coverage to protect against libel or slander lawsuits filed by a competitor.

On his website, trucking safety expert witness Lew Grill, the SAGE Corporation, offers a Bridge Formula Weights Calculator:

Federal law states that two or more consecutive axles may not exceed the weight computed by the Bridge Formula even though single axles, tandem axles, and gross vehicle weights are within legal limits. As a result, the axle group that includes the entire truck-sometimes called the “outer bridge” group-must comply with the Bridge Formula. Interior combinations of axles, such as the “tractor bridge” (axles 1, 2, and 3) and “trailer bridge” (axles 2, 3, 4, and 5) must also comply with weights computed by the Bridge Formula (see figure). More detailed information on the Bridge Formula is available at www.ops.fhwa.dot.gov/freight/size_weight.htm.

Insurance claims expert witnesses may testify on insurance adjusters, insurance agencies, and insurance policies. Here, United Policyholders, a non-profit organization and information resource writes on their over 300 amicus briefs advocating for policyholders.
Open the link below to see summaries of briefs filed in the US Supreme Court, and high courts in California, New York, Texas and Utah. Visit the Amicus Project Library to view the complete list and read the summaries and full text of the briefs.

http://uphelp.org/library/amicus-project-update/2010-05-01

Liability insurance expert witnesses may write reports and opine on commercial liability policies, professional liability insurance, and small business liability insurance. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

1. General liability insurance protects you against general liability claims as is described in the name. It protects against libel and slander, negligence that results in injuries, property damage caused by an worker, bodily injuries to customers, visitors, customers, workers, or anyone else coming onto your property (FYI, even “trespassers” on your property can sue for bodily injuries incurred on your property, even if they were not legally supposed to be there!) and can even cover infringement on intellectual property.

Purchase this kind of plan if your business needs protection against any of these types of claims (and if you are an astute business person, you will want to be protected every way possible.)

In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

The downside also needs stating. G-Max contracts require more work on the owner’s part to administer. The main effort involves defining what is cost. And if you are not interested in collecting discounts, obtaining credits for small tools, establishing realistic labor rates, monitoring rentals, and are not really prepared to act as a partner with your contractor in the project, then this program is not for you. Don’t try this if you don’t have a strong administrator experienced in general contracting. Contractors resent inexperienced owners questioning their decisions, and they certainly aren’t eager to have their books audited by anyone they don’t trust. Properly set-up and administered however, G-Max contracts are a win-win situation.”

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. On their website, the Coalition Against Insurance Fraud writes:

Fraud is Big

Insurance fraud is hard to measure because so much goes undetected, and complete research has yet to be done. Still, we have enough evidence to know that fraud is widespread – and expensive.

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE

II. ADDITIONAL QUANTITIVE EVALUATION OPTIONS

A. Define and use quotas for each major product line plus a total for all products. Page 3, table 1, Historic Sales.

Commercial insurance expert witnesses may testify and write reports on commercial liability policies, professional liability insurance, agent errors and omissions, and associated matters. Here, the law firm of Kunz, Plitt, Hyland & Demlong writes on commercial insurance:

Commercial insurance is a broad term referring to the many types of insurance a business might acquire. Businesses, like individuals, may insure their property against fire, flood, liability claims of all kinds, and other damage. They may choose to protect specialized equipment and property, both real and personal. Commercial enterprises often need to purchase commercial auto insurance because even if the business does not own any vehicles, its employees’ individual auto policies may not cover them while on the job.