Expert Witness Blog

In Risk Management Consulting, risk management expert witness Alan F. Shirek,

AFS Risk Consulting International, LLC, writes:

Such tasks or projects may include developing ways to enhance the effectiveness of insurance brokers or agents, insurance carriers, third party claims administrators or other outside vendors. They may include developing communication tools that will enhance the ability of the risk management department to assist the operating companies or departments. They may include projects designed to provide an independent appraisal of key catastrophic exposures to loss. And they may involve analysis of certain significant legal exposures that could be difficult to absorb without a negative impact on corporate earnings.

Trucking industry expert witnesses may write reports and testify on on issues including federal motor carrier safety regulations, crashworthiness, truck maintenance, hours of service, and more. In The True Meaning of Sustainability, Deborah Lockridge, Editor in Chief All That’s Trucking blog writes:

“If you’re looking for a buzzword in the logistics industry of late, it doesn’t get much buzzier than “sustainability,” noted American Shipper magazine in an April article.

In a survey, the magazine found that some shippers are factoring how “green” a carrier or logistics company is when deciding whether to use them to transport goods.

The survey found that more than a third of buyers use vendors’ sustainability plans as a tiebreaker or deciding factor in buying decisions. And nearly 70% of carriers with a “proven plan” earned higher rates because of it.

In About Photography and the Law, entertainment and media expert witness Professor Jeff Sedlik writes:

A photography expert can analyze a photograph using forensic methods to determine the circumstances under which the photograph was made, and to reveal details of the photograph not visible to the naked eye. A photography expert may also use photographic equipment to conduct an analysis of a location, accident scene or crime scene, or to create simulations or reenactments. Photography experts can provide consultation and/or testimony or litigation support for attorneys, plaintiffs or defendants in photography litigation.

Arborist expert witnesses may write reports and opine on arboriculture, certified arborists, diagnosis and treatment of tree diseases, and more. Here, IML Wood Testing Systems describes Hazard Tree Evaluation:

While experienced observation will continue to be important, combining Visual Tree Assessment (VTA) and IML instruments aids early detection of decay, preventing personal injury and property damage due to fallen trees. The IML Resistograph measures the degree of decay and remaining wall thickness, giving the user a quantification of the structural integrity of trees.

The inspector can also attach the 45 degree adapter to measure and record the wood density below ground level. The resulting data is the kind of detailed documentation managers and consultants need to defend or justify their decisions whether or not to remove a tree!

Insurance agencies expert witness Alan F. Shirek, AFS Risk Consulting International, LLC, describes Insurance agents’ and brokers’ standard of care

Generally speaking, the insurance agent or broker owes a high degree of care to its client. The extent of broker’s duty, in any specific case, is the result of the facts, statutory requirements and common law. In assessing the degree to which a broker has satisfied his or her duty, the broker’s stated policies, procedures and practices have a most persuasive effect. By comparing the broker’s actual performance to the performance required by his or her firm, a compelling case can be made for the broker’s success or failure at providing the appropriate level of care.

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.