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What Is an Insurance Expert Witness?

An insurance expert witness is someone with extensive experience in and knowledge of the insurance industry who is called to the witness stand to provide information about aspects of a case which involve insurance. Expert witnesses can be used to provide judge and jury with information which can be used to deepen understanding of the case and the underlying issues. Conventionally, when someone is called as an expert witness, the legal team which calls the witness provides compensation because the witness is providing professional expertise and assistance, rather than simply being asked to testify about the events surrounding the crime like a conventional witness.

When seeking an expert witness, lawyers look for people with reliability and experience, and if they can find an insurance expert witness with a proved track record in court, this is preferred. A good expert witness has years of experience in the industry, or is involved in the academic study of insurance and the insurance industry. Ideally, she or he has been published in multiple settings, and may have other credentials which can be used to establish credibility on the stand.

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Insurance claims expert witness Tommy R. Michaels offers a glossary of Insurance and Risk Management Terms on his website. For example:

Abandonment A clause in property insurance policies prohibiting the insured from abandoning damaged property to the insurer for repair or disposal. Arranging for repair or disposal is the insured’s responsibility, unless the insurer elects otherwise.

Aabatement The act or process of diminishing the presence of a pollutant (e.g., asbestos or lead) in either degree or intensity.

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In Publicity and Credibility Through Writing, marketing strategy expert Rosalie Hamilton writes:

When your expertise is publicized in articles and books, it does not look like advertising, it does not feel like advertising, but, delightfully, it works like advertising. Publicity is, in fact, the best promotional avenue after networking. Even better – it is usually free.

Appearing in publications as a writer confers credibility and authority upon the author. Your profession may even demand that you have peer-reviewed, published works. One tangible benefit from writing is that attorneys search the Internet for publications related to the subjects of their cases in order to find related, qualified expert witnesses. Being a published author can create additional publicity in the form of media interviews, book signings, and book reviews. While writing requires a tremendous effort, the benefits of being published definitely make the effort worthwhile.

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In Be a Better Expert Witness, marketing expert Rosalie Hamilton asks “What proactive steps will you take to be a better and more in-demand expert consultant?

Developing your practice and becoming a more effective expert consultant requires that you perform an honest assessment of yourself and your practice. Based on what you determine to be areas that need improvement, steps to take could include: honing your skills at case review, opinion report writing, testifying in deposition and court, and marketing your practice.

If you are new to providing services to attorneys and have not read The Expert Witness Handbook by Dan Poynter, an expert witness, this book would be a good choice. It presents an overview, along with practical, time-tested advice and examples.

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The Technology & Maintenance Council (TMC) of the American Trucking Associations will hold its 2010 Fall Meeting and TMCSuperTech2010 National Technician Skills Competition Sept. 20 to 23 at the Raleigh Convention Center in Raleigh, N.C. The meeting theme, Quality Control in Maintenance Operations, will be carried out through technical sessions covering management, training, product selection, regulations and the environment.

TMC, a technical council of American Trucking Associations, is North America’s premier technical society for truck equipment technology and maintenance professionals. TMC features a diverse membership of equipment managers, service-dealers, owner-operators, industry suppliers and manufacturers, educators, academia and others that support the trucking industry. Trucking industry expert witnesses may be found here: experts.

For more, see ATA.com.

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American Trucking Associations trucking policy experts met with three members of the National Transport Commission Australia on July 1 to discuss commonalities and challenges the trucking industry faces in each country. Representatives of both delegations talked about the need for increased infrastructure funding and the obstacles to increasing taxes. Other presentation topics included fuel economy standards and higher productivity vehicles, as well as economic indicators that track the health of the trucking industry.

The Australian visitors included NTC Chief Executive Nick Dimopoulos, Chair Greg Martin, and head of engineering and productivity Jose Arredondo. SVP of Policy and Regulatory Affairs Dave Osiecki, VP of Security and Operations Martin Rojas, VP and Environmental Counsel Glen Kedzie, Director of Highway Operations Darrin Roth, and Economist Tavio Headley represented ATA.

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Pesticides expert witness Allan Snyder; ACGIH, AIHA, SPCI, of AFC Forensic Consulting writes on the treatment and control of termites:

Treatment and control techniques vary depending on the species causing an infestation.

• Multiple colonies of the same species of termite or more than one species of termite can infest a building.

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In The Value of a Construction Expert Witness, William Gulya, Jr., construction expert witness and President & CEO, Middlesex Trenching Company, writes:

By its very nature, construction is unique in that construction projects, along with the laws governing construction, affect so many different kinds of parties — project owners, developers, financial lenders, architects, engineers, planners, designers, contractors, sub-contractors, etc. Consequently, an attorney working in a construction legal dispute will most likely require the assistance and expertise of one or more construction expert witnesses.

Whether the case concerns a small-scale private residence or a huge industrial or commercial venture, the technical aspects associated with the project are best assessed, analyzed and opined upon by someone with extensive knowledge of construction and experience in the field, and many construction attorneys regard their expert witnesses as indispensable.

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In THE REAL ESTATE CLIENT: VALUATION SERVES IMPORTANT MASTERS IN LITIGATION CASES, forensic accounting expert witness Richard M. Squar writes on the net asset value method:

The value of the partnership before considerations of discounts is determined by the net asset value method. The aggregate net asset value of the entire limited partnership is established by individually appraising each underlying asset taking into consideration liabilities at the valuation date. Assets and liabilities in a typical real estate limited partnership include cash, rents receivable, real estate properties, accounts payable, accrued expenses such as interest due on mortgages, mortgages, and refundable security deposits. The client’s limited partnership interest percentage is applied to the aggregate net asset value to determine the value of the interest before consideration of discounts.