Expert Witness Blog

Insurance claims expert witnesses may opine on insurance policy interpretation, insurance fraud, and related topics. In 8 Great Ways to Get Busted for Auto Insurance Fraud, Insurance.com writes:

Insurance fraud is becoming more frequent as people look for “creative” ways to make money in the struggling economy. Insurance companies find that people file more claims in a down economy, often for smaller amounts. And, fraud is an increasing problem. With so many claims for car insurance companies to process, it may seem like a fraudulent claim can slip through unnoticed. Not so.

Just like the team on CSI uses advanced techniques to analyze evidence and figure out what happened, an insurance company’s Special Investigations Unit or SIU-which often includes reps with law enforcement experience-conducts a thorough investigation to detect fraud. (Please note that Insurance.com reminds consumers that insurance fraud is illegal and a very bad idea.) Here are a few things fraudsters try to get away with-and why it’s rare that they will:

Affidavit of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual for professional process servers which includes this information:

Jurat A jurat is a certificate by the person before whom a writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit and is generally written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn. Before executing a jurat, a Notary Public must be satisfied as to the identity of the signor, and the voluntary nature of that person’s signature. The signing of the affidavit, and the execution of the jurat, is required by all states to be done at the same time in the physical presence of each other.

The jurat initiates a legal process that could eventually result in criminal conviction and punishment if the signor is later found to have lied.

Trucking expert witnesses may write reports and testify regarding federal motor carrier safety regulations, qualifications of truck drivers, federal motor vehicle safety standards, and truck maintenance, among other topics. In Maintenance Musts, Steve Sturgess, Executive Editor truckinginfo.com, writes:

Looking at peer fleet information using the CSA 2010 criteria, as many as 10 to15 percent of large fleets (with more than 500 power units) are at risk of intervention for maintenance-related violations, the study found. As fleet size gets smaller, the at-risk ranking gets bigger and bigger. In the one-to-five fleet size, one small fleet in four is potentially looking at FMCSA intervention for maintenance problems…

Rair President and CEO J.J. Singh says one solution is the correct and careful use of the Driver Vehicle Inspection Report that is filled out – or should be – every day by the truck driver. “The bigger fleets have a more proactive approach to maintenance and more rigorous processes to act on the DVIR,” he says. “But even so, 10 to 15 percent of even those fleets are at risk of intervention. There is a need for training of drivers in the proper inspection and reporting on the DVIR, and then a robust process to correct in a timely manner any problems identified.”

Public storage expert witnesses may write reports and testify on mini-warehouses, storage warehouses, and self storage units. In Going Your Separate Ways: Evicting the Trouble-Maker Tenant, attorney William D. Farrar writes descirbes the cost in having a trouble making tenant:

As hard as tenants are to get in the first place, we truly dislike having to ask one to leave. However, the “cost” in having a trouble-making tenant stay will far exceed the rent they are paying. The “cost” in other tenants being unhappy, and leaving, negative publicity, and management time dealing with ongoing problems will add up! After all, you can quantify your loss from an empty unit- not so the problem tenant. Sometimes an empty unit is better than one with rented problems!

Read more: selfstorageguide.com.

Vinyl products expert witnesses may write reports on engineered composites, polymers, PVC, and related topics. In Health and safety – Phthalate plasticizers, PAS Systems International offers this information:

Many vinyl products contain additional chemicals to change the chemical consistency of the product. Some of these additional chemicals called additives can leach out of vinyl products. Plasticizers that must be added to make PVC flexible have been additives of particular concern.

Because soft PVC toys have been made for babies for years, there are concerns that these additives leach out of soft toys into the mouths of the children chewing on them. Phthalates mimic human hormones and also affect various life forms including fish and invertebrates adversely. Additionally, adult sex toys have been demonstrated to contain high concentrations of the additives.21 In January 2006, the European Union placed a ban on six types of phthalate softeners, including DEHP (diethylhexyl phthalate), used in toys. In the U.S. most companies have voluntarily stopped manufacturing PVC toys with DEHP.

In PRESERVE THE PHYSICAL EVIDENCE!, electrical equipment failure expert witness Roger L. Boyell, writes:

As soon as you believe a legal action might be initiated, take pains to preserve whatever physical evidence may be relevant. Send in an investigator, take many photographs, expedite the discovery process.

Any delay allows potential evidence to be altered or disguised, as in the following real-world examples.

Insurance coverage expert witnesses may write reports and testify on insurance customs, insurance practices, liability policies, and more. Here, Insurance.com writes on liabilities issues when hosting a a party:

Whether you’re driving to the big game, watching it in a bar or hosting a party, follow these tips to keep from dropping the ball on your insurance coverage. A big… issue can be liability if guests hurt themselves on your property or, worse, drink and drive. State laws vary, but even “states that don’t impose liability in general can impose it if the host serves alcohol to a minor,” says Kenneth Berman, an attorney with Berman, Sobin & Gross, LLP in Gaithersburg, Md. “Everyone should go into this knowing that they can be held responsible if a guest gets hurt or hurts someone else,” he says.

According to Lisa Lobo, vice president and consumer insurance expert at The Hartford, “Liability insurance is part of every homeowners policy and would cover up to your limit, usually about $100,000 if someone slips and falls on an icy sidewalk or drowns in your hot tub. But liability insurance may not be enough. We recommend a personal umbrella policy to cover all of your assets and net worth in case of a lawsuit.” Umbrella insurance policies offer additional liability coverage of $1 million or more and usually cost $200 or $300 annually.

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual for professional process servers:

PROOFS AND AFFIDAVITS OF SERVICE

Preamble These Best Practices are intended to recognize and establish guidelines for the proper preparation and execution of proofs or affidavits of service.

Engineered composites expert witnesses may opine on aerospace components, household products, sports equipment, and more. This week the Little League issued a moratorium on composite bats, which on many fields have replaced aluminum (and wood) as the preferred equipment for young players. “A ball could go farther and harder and some of these kids are small so it’s a safety concern that we’re looking at,” said Greg Jones, a Palma Ceia Little League board member.

The bats are prized for their performance factor. Fans say the ball comes off the bat faster and goes farther, giving hitters more power to hit home runs and boost team scores. “It’s carbon fiber, but there’s also a resin in it that expands and it allows the barrel of the bat to flex, which gives it more pop,” said Paul Borgeson, who has been selling the popular bats at Play it Again Sports.

Read more: tbo.com.