Welcome back to ExposingExpertBias.com! Following our introduction to the landmark 2016 case, Demer v. IBM Corp. LTD Plan, I am excited to introduce the following essential resource in your fight against biased insurance experts: The Ultimate Expert Bias Discovery Toolkit.
Powerful Discovery Templates
Unveil the truth behind biased expert opinions with this comprehensive Expert Bias Toolkit. This invaluable resource is designed to equip you with the tools necessary to navigate the complexities of expert bias cases and expose hidden agendas and conflicts of interest. These requests implement the Demer paradigm and the four principal factors of bias. They are meticulously designed to compel the production of crucial evidence, including relational and decisional metrics, communication trails, and other materials that can expose bias. The comprehensive subpoena attachments ensure you leave no stone unturned in your pursuit of the truth.
The requests represent a best practice approach, distilled from countless cases addressing biased expert issues. They are an amalgamation of the most successful discovery requests, honed to perfection through years of experience and informed by highly successful recent cases, including Chacko v. AT&T Umbrella Benefit Plan No. 3 (E.D. Cal., Apr. 27, 2020) 2020 WL 1984171 and Franklin v. Hartford Life and Accident Ins. Co. (D. Ariz., Dec. 7, 2023) 2023 WL 8481407. These cases — and others found in the E-Treatise: Biased Insurance Experts, Principles and Practice — exemplify the importance of thorough and targeted discovery in exposing expert bias. You’re encouraged to explore them further and gain valuable insights into this critical practice area.
• Special Interrogatories (Expert Bias) (SROGs)
• Requests for Production (Expert Bias) (RFPs)
• Requests for Admission (Expert Bias) (RFAs)
• Subpoena Attachments (Expert Bias) (Subpoena)
Ensure Transparency and Impartiality with Complete and Honest Disclosures
Insurers are required to ensure that experts are impartial and reliable. Much like disclosures made in other proceedings determining the parties’ rights and benefits, an insurance expert’s disclosures are vital to ensuring a fair determination of benefits. This disclosure statement provides a minimum threshold for evaluating bias.
• Expert Disclosure Statement (Expert Bias)
Instruct the Jury with Accurate Law
The Judicial Council of California Civil Jury Instructions (CACI) offers informed law on insurer bad faith and unreasonable conduct, but the unique bias expert issues have never been addressed. The same is true in other jurisdictions. These instructions complement the CACI instructions of the Judicial Council of California Civil Jury Instructions (CACI). They adopt the same structure and approach. Available for free download, this invaluable resource informs the court and jury on the Demer legal principles and exposes hidden agendas and conflicts of interest.
• Jury Instructions (Expert Bias)
Contribute and Collaborate
Stay tuned for more updates and resources, and don’t hesitate to reach out with any questions or suggestions. This site is here to support you in your pursuit of justice. Do you have suggestions for improvements, additional cases, or samples to contribute? Your input is welcomed! Please share your comments or send us your materials here to help us continue enhancing our resources for the benefit of all claimants.