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Using insurance consultants and experts

Document Cited authorities 1 Cited in Related
Vincent
AuthorDavid Frangiamore
Pages341-358
INSURANCE
CONSULTANTS/EXPERTS
6-1
CHAPTER 6
USING INSURANCE
CONSULTANTS AND EXPERTS
By Clinton E. Miller, J.D., DABFE, FACFE, DABDA and updated by David Frangiamore
§600 IS AN INSURANCE CONSULTANT OR EXPERT NECESSARY?
§610 TIMING: USUALLY THE SOONER AN EXPERT IS RETAINED, THE BETTER
§620 HOW TO LOCATE AN INSURANCE EXPERT
§621 Word of Mouth
§622 A National Directory of Experts
§623 Reported Cases at the Trial Level
§624 Internet and Websites
§625 Attorney Trade Organization or Local Bar Groups
§630 INTERVIEWING THE EXPERT
§631 By Telephone
§632 Face to Face
§633 The Expert’s Curriculum Vitae (CV)
§634 Expert’s Prior Cases
§635 Will the Expert Qualify?
§635.1 Methods to Disqualify an Expert
§636 Does Expert Believe He or She Can Be an Asset to the Case?
§640 FEES, EXPENSES AND TIMING OF PAYMENTS
§641 Retainer Fees
§642 Different Fees for Different Services
§643 Trial Testimony and Standby Fees
§644 Fee Advances
§645 Retention Agreements
§646 Contingency Agreements and Failure to Pay Expert Fees Until Settlement
§647 Accounting of Expert’s Fees and Expenses
§648 Dispute Resolution of Fees/Costs
§650 SCOPE OF THE EXPERT’S RETENTION
INSURANCE
CONSULTANTS/EXPERTS
How Insurance Companies Settle Cases 6-2
§660 WHAT IS THE EXPERT TO OPINE ON
§661 Relationship Between the Broker and Insured
§662 Formation of the Insurance Contract (Where, When, and How)
§663 Is the Claim Covered?
§664 Insurance Industry Customs and Practices
§664.1 Insurance Product Marketing
§664.2 Solicitation and Formation of Insurance Contract by Agent/Broker and Agent/
Broker’s Duties in Application Process
§664.3 Representations by the Agent/Broker at Formation of Insurance Contract
§664.4 The Insurer’s Underwriting Department’s Underwriting Guidelines
§664.5 Issuance of the Insurance Policy
§665 Submitting and Processing of Insurance Claim
§665.1 Promptly?
§665.2 Thoroughly?
§665.3 Objectively?
§665.4 Failure to Process
§666 Avoidance of Appearance of Conf‌lict of Interest Within Claims Department?
§667 Avoidance of Appearance of Conf‌lict of Interest Within “In-House” Counsel Department
§668 Insurance Bad Faith Claims
§668.1 Processing
§668.2 Investigation
§668.3 Disclosure
§668.4 Coverage Investigation
§668.5 Objective Factual Analysis
§668.6 Coverage Analysis
§668.7 Low-Ball Issues
§668.8 Stonewalling Issues
§668.9 Wrongful Denial of Claim Issues?
§668.10 Failure To Recognize Previous Errors or Misconduct on a Claim
§670 SPECIAL INVESTIGATION UNITINSURER’S FRAUD UNIT
KEY POINTS TO REMEMBER

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