Insurance reduces financial uncertainty and makes accidental loss manageable. But as Covid-19, climate change, and economic, political, and social upheaval create market volatility and turbulence, every type of insurer – health, life, property, casualty, environmental, reinsurers, and others – is facing significant new challenges.

Insurers are responding with innovations in all areas. In property and casualty insurance, typically a low-tech area of the industry, insurers are offering high-tech apps and online claims management in response to consumer demand. Health care insurers are dealing with ever-rising costs and inconsistent patient outcomes by diversifying their patient pools and waiving cost-sharing by members to encourage early medical intervention. And in all areas of insurance, automation, digital applications, artificial intelligence, and advanced analytics engines are further transforming the practice by streamlining the intake of client information and, in some cases, enabling the clients to manage their own underwriting and claims processes.

Unsurprisingly, these innovations are leading to new liabilities and new requirements for expertise. As insurers move quickly toward digital technology, insurance expert witnesses must opine on whether companies have complied with the increasing requirements imposed on them by state privacy, data, and security laws. For example, recent class action lawsuits have alleged that an automobile insurance provider allowed bots to scrape drivers’ license information from the internet; and that a property and casualty insurer unlawfully collected and stored clients’ retina scans, voiceprints, and face scans without their knowledge or consent. And, insurance expert witnesses with digital forensics expertise are increasingly needed to uncover evidence from electronic devices and verify the validity or falsity of insurance claims.

Expertise for Every Eventuality

We have elite experts in every area of the insurance industry including insurance underwriting, claims management, insurance policy coverage, reinsurance, self-insurance, and risk management. Many are specialists in the massive corpus of federal and state laws governing the insurance industry, as well as voluntary industry standards established by insurance trade groups.

Our experts have supported clients in litigation at both the trial and appellate levels arising from property damage and business interruption losses. They have been involved in class actions, market conduct litigation, and other complex commercial litigation. We have identified experts who can opine on breach of contract issues in disputes between health insurers and their medical providers, and on the validity of algorithms used in the automobile casualty area to calculate total vehicle loss. In the counseling area, our insurance experts can counsel on claims handling practices, coverage advice, and fraud investigations in appraisals and arbitrations.

Among other areas of expertise, our experts can testify on the following insurance-related laws and issues:

• McCarran-Ferguson Act
• Dodd-Frank Wall Street Reform and Consumer Protection Act
• Affordable Care Act
• Non-admitted and Reinsurance Reform Act
• Terrorism Risk Insurance Act
• National Association of Insurance Commissioners’ Principle-Based Reserves, Model Security Data Act, and Solvency Modernization Initiative
• Artificial Intelligence
• Digital Forensics