Insurance companies’ use of biased experts to minimize claim payments is a pervasive and deeply troubling practice that undermines the covenant of good faith and fair dealing. This evolving E-Treatise examines the legal principles and caselaw and provides practical advice to address this critical issue.
At its core, this E-Treatise equips practitioners with the knowledge and tools to effectively navigate and challenge insurers’ systemic reliance on biased experts. A paradigm derived from the landmark case Demer v. IBM Corp. LTD Plan (9th Cir. 2016) 835 F.3d 893 lays the foundation for much of the practical considerations, as detailed in the article Demer’s Paradigm for Exposing and Eliminating Biased Experts. Supplemented by sample discovery requests, jury instructions, and a disclosure statement for experts in the appendices, this comprehensive resource is a powerful aid for attorneys.
While the principles explored have broad applicability nationwide, this E-Treatise substantially emphasizes California law mainly due to California’s pivotal role in developing the implied covenant and the duty of good faith and fair dealing, as well as California’s extensive body of relevant case law over the past 50 years. The E-Treatise is especially valuable for California practitioners handling catastrophic claims, where biased experts can severely impact community rebuilding efforts.
A draft of each section of the E-Treatise has been completed. The Table of Contents for the draft follows below, and short summaries from the draft have been added as a roadmap. Changes may be made as the E-Treatise is rolled out over 6 – 12 months. This E-Treatise systematically analyzes the key issues, cases, and authorities related to biased insurance experts through periodic installments. It promotes fairness, accountability, and insureds’ reasonable expectations in the claims process.
• Download the entire E-Treatise for free here or peruse the Chapters online.
Questions and comments regarding this E-Treatise, including suggestions for cases and other authorities to consider and recommended changes and corrections, are welcome! Suggestions for topics to address in a post are also welcome. Please submit any questions, comments, and suggestions to cdion@exposingexpertbias.com.