Preparation for Trial of an Insurance Tort Case & Use of Experts

Trial Preparation

After completion of investigation, written discovery, oral depositions, and retention of necessary expert witnesses, the trial preparation part of the case begins.

The defense attorney’s response should include the settlement value, or range of values, he or she places on the case.

After reviewing the report, the adjuster should confer with the attorney to discuss strategy in depth. They should agree on the cost of a potential settlement versus that of an actual trial. If they decide that settlement should be attempted, the adjuster should give the attorney settlement authority within the agreed-upon range.

Use of Experts

The qualification and reliability requirements of Evidence Rule 702 are distinct. Because even a qualified expert is capable of rendering scientifically unreliable testimony, it is imperative for a trial court, as gatekeeper, to examine the principles and methodology that underlie an expert’s opinion. Ohio and federal rules require that the trial judge must assess whether any and all scientific testimony or evidence admitted is not only relevant, but also reliable. It is that determination that ensures that the testimony will be helpful to the trier of fact.

Even when there is ample evidence in the record to support a trial court’s decision that an expert is qualified and his or her testimony is reliable, it is left to the discretion of the trial judge whether the expert should be allowed to testify. Whenever an insurance coverage or insurance claims handling expert is called it is essential that a record be made at trial as to the expertise of the witness and that the expert will provide testimony that is truly expert and neither elementary nor simplistic and will help the jury or judge understand the custom and practice of the insurance claims industry which information is not within the knowledge or experience of a lay jury.

© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4