Expert Witness Blog

In The 21st Century Benefits Challenge Health, health benefits expert witness Mark Johnson, J.D., Ph.D., ERISA Benefits Consulting, Inc., writes:

As the baby boomer generation begins to enter retirement, the competition for qualified talent from a shrinking workforce intensifies.

* Health benefits are increasing in cost and complexity * The employer will continue to be a vital part of the retirement income security puzzle * Benefits are vital to attract and retain the best employees * Social Security and Medicare are under siege and being changed * Membership associations are growing as benefits sources for individuals and employers * Mergers, acquisitions or spin-offs frequently present unexpected benefits-related issues

Business income claims expert witnesses may write reports and testify on risk management, business interruption claims, and related issues. In Business Income Claims: Simplified!, How to Document and Calculate Loss, Robert M. Swift, CPCU, CIPA, CBCP, writes:

Business Income claims are the most frustrating part of insurance and cause the majority of E&O lawsuits. Business owners do not understand the coverage, so post loss they receive an education about their insurance policy language resulting in hard feelings and lawsuits. Insurance companies unnecessarily spend approximately $2,500 per claim in loss adjustment expenses hiring forensic accountants to show the insured how to calculate and document their claim. Agents and brokers devote many hours of non-billable time hand-holding, talking to the adjuster, and explaining the policy to the insured. Undoubtedly, this unnecessary time and expense could be better utilized properly preparing and adequately protecting the insured which would eliminate nasty surprises.

Read more: bisimplified.com.

Indemnity expert witnesses may opine on indemnification, indemnity health insurance, and associated matters. ProfessionalIndemnityInsurance. org writes:

The right level of insurance professional indemnity is essential to offer you peace of mind in the event of individual, corporate body or governmental department making a claim for damages, injury or negligence against you, your business or any members of your staff. Any professional business or individual, irrespective of the professional services they provide, must be certain that they are covered for anything that could occur in the course of their business that could do damage or cause loss to their clients.

Read more: insuranceprofessionalindemnity.org.

Disability insurance expert witnesses may opine on disability income insurance and disability insurance claims, among other topics. On their website, the Council for Disability Awareness discusses the The 2011 Council for Disability Awareness Long-Term Disability Claims Review:

CDA Survey Findings: Summary of Key Findings from Proprietary CDA Member Company Data

* $8.3 billion in long-term disability insurance claim payments were made in 2010 by CDA member companies that participated in this year’s study. This represents a 1% increase over payments made in 2009.

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

In 1973, in the Multnomah County Circuit of Oregon, Judge John C. Beatty, Jr. was the first to order the use of the polygraph in the management of convicted sexual offenders. Today, almost 40 years later, the number of registered sex offenders in the US and its territories exceeds half a million and they are all under some form of management. The post adjudication polygraph is used by the responsible State and Federal agencies in three common circumstances: in prisons during the incarceration of convicted sex offenders; in the community during subsequent probation and parole; and during the civil commitment of sexually dangerous persons.

The Problem

Insurance claims expert witnesses may write reports and testify on property insurance, insurance regulations, casualty insurance, and long term care insurance. Visit the National Association of Insurance Commissioners website to research news and analysis on the insurance industry. NAIC is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories.

Read more: www.insurance.naic.org/.

In Creating a Sales Presence in the Global Marketplace, marketing strategy expert witness Glen Balzer writes:

Resources

When a company begins to plan its move into a foreign market, it can draw resources from several quarters. Divide resources into two broad groups: data and network. First, use data to build the expansion plan. How large is the market and how fast is it growing? Does the marketplace use manufacturers’ representatives, a direct sales force, or a hybrid blend of reps and direct sales? How eagerly do customers accept new entrants, particularly foreign entrants? How does a company contact and interview potential reps?

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

G-Max contracts best achieve the owner’s objective because a partnership is formed between owner and contractor wherein the owner agrees to reimburse the contractor for actual cost as it occurs, not from a schedule of values. This eliminates the distrust between parties. It also eliminates the contractor’s negligence to pay his suppliers and subcontractors because he gets audited monthly. In today’s market, this one issue alone will solve a lot of problems and insure both savings and a smoothly running project.

The owner plays an active role throughout the entire process. The whole issue of cost is manageable when the savings are shared, rather than negotiated from an adversarial position. When the administration is properly set-up and organized, the benefits are truly amazing. Because every purchase order and invoice received from the contractor is submitted to the owner as backup, and because the owner agrees to cut the time for processing and pay promptly, a positive and successful relationship is assured. Front end loading disappears, so does the haggling with price.

In The Advantages of Strategic Advisory Boards For Agency Owners insurance agencies expert witness Andres Barile, MBA, CPCU, writes:

Agency Growth

Employment agreements for agency producers – In your agency, you have approached a competing producer trying to persuade her to leave her present position and join your fast growing retail agency. There is one big hurdle: she has a strict “non-compete agreement” that has to be circumvented. You can turn to the expertise of your strategic advisory board and work with its members to come to a solution on hiring the producer, without the problems that a non-compete agreement can give you;