Expert Witness Blog

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

A policy may be rescinded even after a loss that would otherwise be covered by the policy. Since rescission could have severe negative financial impact on the insured, the insurer must be certain that the reasons for rescission are based on solid grounds and able to withstand potential legal challenge.

In a 2001 case, an insurer rescinded their policy following a major fire loss, alleging material misrepresentation and concealment by the insured, pertaining to several matters, including square footage of the premises.

electronic evidence recovery expert witness Steven G. Burgess writes on: The Case for Electronic Discovery:

Saving a File

When a document is named, it is saved. It may be saved with a name such as “Untitled” even if not given a unique name by the author. When the file is saved, there are several attributes saved with it. One is the date the file was created; one is the date the file was last changed, or modified; one is the date the file was last accessed. This information is kept as part of a file listing called a “directory.” This file listing is viewed as a “folder” by the computer user. The computer saves a long version and a short version of the name as two adjacent directory listings as well.

Tile expert witnesses at Ceramic Tile and Stone Consultants offer links to these resources on their website:

Industry Associations Ceramic Tile Distributors Importers Installers Manufacturers Cleaners and Sealers Computer Services Construction Defect Attorneys

Economic Forecast Economic Indicators Floor Warming Systems Industry Statistics Ceramic Tile

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers writes on unsworn declarations and affidavits of service:

Unsworn Declarations Made Under Penalty of Perjury An Unsworn Declaration made under Penalty of Perjury is a written or printed recitation by the process server of the facts and circumstances surrounding the delivery of legal process to a particular person or entity consistent with applicable state or federal court rule or law. The declaration is to be signed only by the person making the statement.

Affidavits of Service An “affidavit” is a written or printed declaration or statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath. An “affidavit of service” is intended to certify the service of a writ, notice or other legal document.

Physics expert witness Louis A. Bloomfield, Professor of Physics at the University of Virginia, answers the question “How do anti-lock brake systems work?”

If you brake your car too rapidly, the force of static friction between the wheels and the ground will become so large that it will exceed its limit and the wheels will begin to skid across the ground. Once skidding occurs, the stopping force becomes sliding friction instead of static friction. The sliding friction force is generally weaker than the maximum static friction force, so the stopping rate drops. But more importantly, you lose steering when the wheels skid. An anti-lock braking system senses when the wheels suddenly stop turning during braking and briefly release the brakes. The wheel can then turn again and static friction can reappear between the wheel and the ground.

For more, see howeverythingworks.com.

Pesticides expert witness Allan Snyder; ACGIH, AIHA, SPCI, writes that there are more than 2,500 different types of termites in the world with the most common species being Drywood, Dampwood and Subterranean. Dampwood Termites:

They live and breed in soil, sometimes many feet deep.

Subterranean termites require moist environments.