Captive Insurance Expert Witnesses: 8

Michael L. Scruggs, FCA, ACAS, MAAA is an Actuary practicing in the Property and Casualty Insurance space for over 40 years. He gained industry experience working for three insurance companies from1976 to 1987. After that, Mr. Scruggs consulted through two "big-eight" accounting firms until he established his own consulting practice in 1991. Mr. Scruggs has worked in a variety of fields including Reinsurance, Actuarial, Information System / Information Technology, E-Commerce, Data Mining, Mergers & Acquisitions, Management Consulting, and Business Process Outsourcing.  His many accomplishments include analyzing loss and loss adjustment expense reserves for regulatory authorities, insurance companies, self-funded non-insurance entities (WC + GL), including a multi-billion, domestic and international, direct and reinsured (inward and outward) book of both traditional and special risks. Clients have also included the Federal Bureau of Investigation and the Office of the United States Attorney.

Areas of Expertise:

Financial Modeling Ratemaking Loss Reserving Data Hygiene

Insurance Administration Systems Product Development Captive Insurers Regulatory Matters

Litigation Support: As a Property and Casualty Insurance Actuary, Mr. Scruggs has been retained in over 30 cases around the country. He provides a broad range of litigation support services to attorneys representing both plaintiff and defendant.  Mr. Scruggs is comfortable providing expert witness services to parties, attorneys, and triers of fact. 

Degrees / Certifications:

• Fellow of the Conference of Consulting Actuaries (2003 – Present) 
• Associate of the Casualty Actuarial Society (1989 – Present) 
• Member of the American Academy of Actuaries (1989 – Present)

Robert E. Underdown, AINS, SIA, AIC, ARM, CFLC, The Insurance Archaeologist ™, is an Insurance and Risk Management Expert with over 30 years of experience in both private & public risk management. 

Selected Background Experience - Mr. Underdown's past experience includes serving as Director of Risk Management for Rural/Metro Corporation, Scottsdale, AZ, where he managed $20 million risk management program and completed due diligence on 60 acquisitions in 48 months. As Assistant Vice President of Imperial Corporation, San Diego, CA, he managed special insurance for a $2 billion loan portfolio and implemented a risk management program for 60 branch offices. Mr. Underdown also served as Risk Management and Employee Benefits Manager for the City of Escondido, CA, where implemented risk management programs and completed self-funded health insurance, saving $750,000. 

Litigation Support - Mr. Underdown is a highly qualified insurance expert witness providing testimony in insurance cases across the United States. His services are available to attorneys representing both Plaintiff and Defense. In the specific area of BAD FAITH, Mr. Underdown has provided expert testimony on many bad faith claims for both Defendants and Plaintiffs. He has provided testimony in a number of cases where the insurance company has successfully eliminated the bad faith count by summary judgement. The key issue is whether the actions of the insurance company were reasonable under the specific circumstances of the case. Some of the recent cases for which he has provided insurance expert testimony include:

Agent / Broker Standards Bad Faith Claims Issues Broker Compensation Claims Handling Coverage Opinions General Liability Policies

Insurance Industry Standards Life Insurance Suitability Opinions Risk Management Standards Third Party Claims Standards Tort Litigation Management Workers’ Compensation

View Robert Underdown's Consulting Profile.

Steven A. Eisenberg, FSA, MAAA has 50 years actuarial experience. He offers litigation support nationwide with regard to personal injury and wrongful death economic damages, appropriate mortality, life expectancy (note: population tables, that have not been modified by an actuary for lifestyle, chronic illnesses, family history, result in unreasonably long life expectancies), interest (discount) rates, future increases in income (note: historical experience indicates that wage inflation rates are lower than discount rates). His litigation support also includes life insurance product design and pricing, COI development development and management, compensation, illustrations, administration and management services, policyholder tax issues, and product appropriateness.

Background Experience - Throughout his career, Mr. Eisenberg worked extensively in litigation support as an expert witness including actuarial design, administration and illustration of various life insurance and annuity products, both traditional and non-traditional, universal life (or excess interest products), and both general account and separate account variable insurance products. His expert work includes pricing these products and developing appropriate actuarial assumptions (e.g. mortality and life expectancy, interest and discount rates, agent or broker compensation and expense assumptions).

He is also a co-inventor of several patents dealing with financial derivatives(swaps) relating to longevity and mortality mitigation.

In 1986, Mr. Eisenberg pioneered the development of large case COLI and BOLI and unwind strategies that are still used today. He is a renown expert in designing, developing, and evaluating BOLI and COLI programs for insurance companies, banks, other financial institutions, brokers and litigation clients. This includes developing appropriate actuarial assumptions (mortality and longevity, COI management, lapses and surrenders, expenses, taxes, interest and discount rates, compensation, policy dividends and life insurance company profitability and investment exposure (disintermediation)). He also developed administrative procedures, sophisticated illustration systems (for example, utilization of policy loans and partial surrenders) and insurable interest issues. His expertise includes policy owner tax issues (e.g. Section 264, 7702, 7702A, 1035) and legislative changes. He has evaluated the appropriateness of these products (general or separate account including stable value) for corporate and bank policy owners, including the accounting and financial impact to the policy owners.

Mr. Eisenberg is a Fellow of the Society of Actuaries (1973) and a Member of the American Academy of Actuaries (1975). He has served as an Instructor of Actuarial Science at Georgia State University and delivers lectures and seminars to associations throughout the United States.

His services are offered to clients nationwide.

Litigation Support - Mr. Eisenberg currently provides expert litigation support for all aspects of life insurance and personal injury. He is a renowned expert in:

COLI / BOLI Product Design Assumptions & Contracts Tax History Broker Consultant Third Party Administrator

Marketing and Administration Compensation and Standards of Practice Benefit Funding and Financial Analysis life settlement Loss Determination Personal Injury economic Damages Life Expectancy and Mortality

View Steven Eisenberg's Consulting Profile.

David Stegall is the Principal Consultant and Founder of Risk Consulting & Expert Services since January 1, 2007. He has over 40 years of insurance, reinsurance, bond and risk management industry experience. He is a Chartered Property & Casualty Underwriter, an Associate in Risk Management, an Associate in Reinsurance and a Registered Professional Adjuster. He has experience as an underwriter, an agent, a broker, a surety bond producer, a reinsurer, a managing general agent, a third-party administrator, a captive manager, a selfinsured fund executive, a risk management consultant, an expert witness and has been retained as an arbitrator.

Mr. Stegall was President of the Society of Risk Management Consultants in 2017 and continues to serve on the Board of Directors. He is also a member of the Board of Directors of the Alabama Captive Association, a member of the Society of Chartered Property & Casualty Underwriters, the American Association of Insurance Management Consultants, the Society of Registered Professional Adjusters, ARIAS-US, Defense Research Institute, and an Associate Member of the American Bar Association – Tort, Trial and Insurance Section.

Daryll W. Martin, JD, MBA has a unique professional experience as a Lawyer, Insurance Broker, and Insurance Brokerage Executive. Mr Martin has over 30 years of insurance experience, serving nearly half of that time as corporate counsel for two international brokers, and the other half of that time as a senior insurance brokerage executive. 

Broad Coverage Experience: Property & Casualty; Employee Benefits / Life & Health (qualified and non-qualified); D&O / Employment Practices Liability / Fiduciary; Property / Business Interruption / Boiler & Machinery / Inland & Ocean Marine; Casualty: General Liability / Professional Liability / Workers Compensation / Umbrella / Excess. 

Broad Brokerage Customer Industry Experience: Construction; Energy; Transportation; Manufacturing; Financial Institutions; Health Care; Public Entity / Not For Profit; and, Technology 

Extensive Insurance Industry Operational Experience: Executive officer of nationally ranked insurance brokers; Managed and handled a variety of international, national, and middle market accounts; Self Insurance / Large Retentions / Alternative Risk Transfer Vehicles; Foreign Placements; Wholesale Brokerage; Insurance Underwriting; Reinsurance; Technical Services / Loss Control / Actuarial/Risk Management Consulting; Actuary Services / Actuary Liability; Insurer Solvency / Market Security; Finance and Accounting; Mergers & Acquisitions; Insurance Sales; Client Service Standards; Technology Infrastructure; Human Resource Management; and, Insurer / Broker Relationship Management. 

Areas of Expertise:

Bad Faith Business / Employment Insurance Insurance Insurance Agency Insurance Agent / Broker

Insurance Customs & Practices Insurance Excess & Surplus Lines Life Insurance Property & Casualty Insurance Risk Management

Key Coleman, CPA, CFA, CPCU, ARe is Executive Director and Founder of Litigation Economic & Forensic Consulting Group LLC. While his firm is located in Greater Philadelphia, his practice is nationwide. Mr. Coleman focuses on damages analysis and expert testimony in a variety of areas including business breakup, post-acquisition purchase price disputes, employment, lost wages and manufacturing. Mr. Coleman also has a specialty in the Insurance and Reinsurance Industry. Mr. Coleman has over 30 years of experience providing business and financial analysis in the insurance and reinsurance industry. Prior to starting his own firm, he spent the bulk of his career in Chicago where he was a partner at a Big Four accounting firm and subsequently held high-level positions at other nationally recognized accounting and consulting firms. Prior to his consulting career, he spent more than eight years in the insurance and reinsurance industry.

Mr. Coleman is often called upon to perform expert analysis relating to Damages in Insurance or Reinsurance Disputes. He is one of the few experts nationwide who holds both the CPA and the CPCU designations. Mr. Coleman performs expert testimony as an insurance economic damages expert witness both locally and nationwide. In addition, he performs inspections of MGAs, TPAs, ceding companies, and insureds. An abbreviated list of his insurance expert and damages specialties include:

Economic Damages in Commercial Disputes Business Damages Lost Profits / Lost Earnings Business Breakups Post-acquisition purchase price disputes Employment disputes  Lost Wages Analysis Manufacturing Insurance Damages Expert

Damages Analysis in Insurance and Reinsurance Agency, Broker, MGA Disputes Underwriting and Claims Analysis Force Placed Insurance Professional Liability / E&O / D&O Run-off, Insolvency Workers’ Compensation Professional Employment Organizations (PEOs) Accounting, Forenisic Accounting and Investigations

View Key Coleman's Consulting Profile.

Mr. Beringer is the Principal of Beringer & Associates (B&A) and Liability Program Management (LPM). He is an approved consultant by the A.M. Best organization, since 2006, for claims, liability, and insurance program management, including matters involving construction, OCIP, TPA, JPA, Captives, Memorandum of Coverage, and insurance coverage analysis. The Cayman Island Monetary Authority approved Mr. Beringer as a licensed captive owner in 2002 for Segregated Portfolio Company Creative Solutions, SPC.

Mr. Beringer holds an LPCS, RPA; is a founding member of CLM, a published author in various publications, and presenter at the CIMA, CPA, A.M. Best, and other conferences.

Mr. Beringer, as B&A, has provided expert services for risk analysis and management services to the insurance, reinsurance, construction, and transportation industry since 2000. Previous to the formation of B&A, he worked in the insurance industry for 30 plus years as a region Litigation Manager with Automobile Club, Industrial Indemnity, Great American, and The Hartford's Speciality Risk Service. Since B&A’s formation, Mr. Beringer assisted Reliance, AIG, Swiss Reinsurance, and Sterling Insurance for review of their insurance programs, analysis, and performance of claims systems and operations.

Mr. Beringer has participated in over 300 mediations, managed handling of over 30,000 cases in federal, state, and local venues on behalf of clients, and provided expert services to plaintiff and defense counsel.

Donald W. Bendure, MBA, CPCU, RPLU, RF, ACI, is an Insurance Expert with a concentration within the areas of Commercial Liability, Captive Underwriting, Professional Liability, Commercial Automobile, and Property Insurance. He has over 40 years of experience and provides services for clients nationwide.

Litigation Support - Mr. Bendure provides unbiased and impartial expert testimony and litigation support services for both plaintiff and defense attorneys. He has currently completed over 350 engagements. Mr. Bendure serves as a Pre-litigation Consulting Expert, a Policyholder Expert Witness, and an Insurance Defense Expert Witness. Mr. Bendure's particular area of expertise in the areas listed below is within the discipline of Underwriting and Insurance Coverage. He possesses specialized knowledge of Captive Insurance and commercial insurance as they relate to coverage issues, particularly within pollution, environment, construction, oil and gas exploration, risk mitigation, enterprise risk management, self-insured and retention programs, and claims made policy language.

Expertise:

General Liability Automobile Liability Forensic Underwriting Workers' Compensation Umbrella and Excess Liability

Errors and Omissions Liability Professional Liability Directors' and Officers' Liability Reinsurance Captive Insurance

View Donald Bendure's Consulting Profile.