Expert Witness Blog

Risk management expert witness Alan F. Shirek describes the job of the risk manager:

Today’s “best in class” risk manager spends a very minor part of their time tweaking their insurance programs. They have gone beyond that stage. They spend time operating within the “retained risk” area and direct the process in which their employer assumes risk associated with their business model.

In dealing with their insurance programs, they spend up to 25% of their time dealing with their brokers or vendors, their insurance carriers and various claims professionals representing them or adverse parties.

In Truck/Tractor-trailer brakes and accident reconstruction, trucking expert witness
Robert Reed writes:

Large trucks and tractor-trailers with ABS anti-lock brakes involved in crashes and accidents have complex systems that must be identified and accounted for in reconstruction and causation issues. Misconception as to skid marks at scenes of crashes can be attributed to the truck/tractor-trailer involved by the police or the investigating agency. Upon investigation and inspection of truck/tractor-trailer it should be noted if the unit has ABS anti-lock brakes and if the system is working. This could change the investigation and reconstruction dramatically as to stopping distance and actions of trucks. ABS systems can apply and release the brakes 5 times a second to keep wheels from locking up and skidding. Numerous times skid marks are attributed to units that did not lock the brakes or skid the tires.

In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

The insurer must have incontrovertible evidence to demonstrate that the fact obtained from the insured is false.

• Is the falsity material?

In A Forensic Psychologist’s Report In A Sexual Harassment, Hostile Work Environment And Retaliation Case forensic psychology expert witness Stephen Reich, Ph.D., writes on the criteria for Post Traumatic Stress Disorder from DSM-IV 309.81, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, the American Psychiatric Association.

(A) The person has been exposed to a traumatic event in which both of the following were present:

1. the person experienced, and was confronted with an event or events that involved serious injury, or a threat to the physical integrity of self or others 2. the person’s response involved intense fear, helplessness, or horror

In Annuities for Dummies: A Buyers Guide, annuities expert witness Stephen George writes:
Carriers sell three types: Fixed, Indexed-Linked, and Variable. Fixed and Equity Indexed annuities guarantee no risk of loss if held to term. Variable annuities do have market risk. Indexed-Linked annuities guarantee minimum interest, plus index growth participation. Variable Annuities do not guarantee minimum interest or principal safety, but generally offer higher returns than Fixed or Indexed-Linked annuities. Annuities require tying principal up for a certain term, or paying surrender charge penalties for early withdrawal. Money in 401 or retirement plans invested in the market is much riskier than Indexed-Linked Annuities guaranteeing principal safety. Although the investment income portion of most annuity distributions is taxed at ordinary income tax rates, taxes are deferred until annuity withdrawals and distributions, making them ideal for seniors maximizing their income over a fixed period, or managing taxes paid on Social Security benefits.

In Medical Expert Witnesses Are Necessary to Determine Whether the Standard Of Care Was Met, medical expert witness Dr. Barry Gustin writes:

Medical expert witnesses in all medical disciplines including medical toxicology and pharmacology are essential to establishing whether or not the standard of care was met in any particular medical legal case. The standard of care holds the medical professional to that specific behavior that would be expected of a reasonable person possessing the same or similiar skills or knowledge under similar circumstances. In medical malpractice cases, the physician’s actions must be measured against those expected of other similar physicians. This often means that similar physicians are those in the same medical specialty. There are exceptions to this caveat because physicians in different specialties can care for the same type of patients or perform the same type of procedures. An example of this would be Orthopedic spine surgeons and Neurosurgeons who both operate on the spine.

Does this mean that there is only one standard of care in a given medical situation? No. There are often more than one appropriate standard of care for a given situation. Further, there may be standards of care that are less frequently employed, but that are perfectly appropriate. In fact, the defendant physician may not be held to a single or even a majority standard of care if it can be shown that the physician behaved in accordance with good medical practice for the care he delivered. For example, adjuvant chemotherapy for lung cancer is “a relatively new standard of care, but not necessarily the only standard of care, according to an article in the prestigious New England Journal of Medicine. Some clinicians have chosen not to employ it in certain situations. Of course, informed consent is critical in these situations because patients must be given the choice.

In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

In most cases, rescission is based on materially misrepresented facts in the policy application, or in underwriting information provided by the insured or its broker. However, unless there is a satisfactory answer to each of the following questions, the rescission is not justifiable:

• Is the fact known only to the insured?

In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, hydrology expert witness Richard Van Bruggen writes on the science of hydrology:

Hydrology is defined as “a science dealing with the properties, distribution and circulation of water on the surface of the land, in the soil, in underlying rocks, and in the atmosphere.” This is, in fact, a very broad definition encompassing many disciplines relating to water. When encountering a flood loss, it is critical to engage subrogation counsel and an expert hydrologist immediately. Piecing together the pieces of an unseen puzzle is quite complicated. It becomes somewhat simpler, if you can combine the technical advances of hydrology and hydrologic computer models with anecdotal testimony of witnesses and physical evidence such as high water marks on buildings, automobiles, or other landmarks present at the time of the flood. Such “hard” evidence not only makes hydrologic models and simulations more reliable and accurate, but they also make them more believable.

In Annuities for Dummies: A Buyers Guide, annuities expert witness Stephen George writes:

Generally, annuities are unconditionally backed by insurance companies. By investing conservatively and hedging their exposure to stock and bond market fluctuations, insurance companies can guarantee savers a minimum interest regardless of market down-turns. If indexes rise during the annuity term, the annuity owner shares the gain with the insurance company without risk to his premium deposit. If the market drops, the owner gets a minimum guaranteed interest.