Charles Miller

Abstract

This article discusses the use of claims-handling experts in bad faith insurance claims and the admissibility of their testimony in legal malpractice cases. Although a duty of good faith is well established in insurance jurisprudence, claims-handling experts are often called upon to explain industry training, policies, and the decision-making practices of insurance claims personnel when approving or denying coverage. These experts closely scrutinize the training and preparation of claims handlers, yet courts sometimes limit their testimony out of concern that it may invade the court’s province or hinge on ambiguities in policy language. The article argues that such concerns are invalid and impractical, and that expert testimony of this nature—analogous to expert testimony in legal malpractice cases—is both appropriate and beneficial to the adjudicative process.

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