Directors & Officers Liability Insurance ( D & O) Expert Witnesses

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.

Mr. Beringer is Principal of Beringer & Associates (B&A) and Liability Program Management (LPM). Mr. Beringer is an approved consultant by the A.M. Best, since 2006, organization for liability and insurance program management, including 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.

As B&A, since January of 2000, the firm has provided risk analysis and management services to the insurance, reinsurance, construction and transportation industry. Previous to the formation of B&A, Mr. Beringer worked in the insurance industry for 30 plus years as a Litigation Manager. Since B&A’s formation, he assisted major insurance carriers and served as a consultant to various reinsurance and captive insurance carriers.

Mr. Beringer has participated in over 300 mediation as the primary negotiator and the mediator since 1985. The cases include all types of tort and contractual matters on the behalf of his client.   

B&A also form/operate alternative risk transfer mechanisms for domestic and non-domestic captive programs, including purchasing and risk retention groups; assist with supervision of Third-Party Administrators, and municipal construction programs. Mr. Beringer is an approved consultant by the A.M. Best organization for liability program management.

Wayne Citron has 45 years of experience as an expert in Forensic Reconstruction of Insurance Transactions. He is an insurance expert and consultant.

Litigation Support - Wayne Citron specializes in policy interpretation of the rules, laws, and regulations governing insurance and financial matters. His services are available to attorneys representing plaintiff and defendant and include effective reports, affidavits, depositions, and testimony as needed.

Areas of Expertise:

Insurance Bad Faith Insurance Customs and Practices Insurance Health / HMO / Disability

Insurance - Life & Annuities Property / Casualty Insurance Insurance Agents & Brokers - Standard of Care

Mr. Citron established the Citron Agency and CMC Advisors Inc. in 1972, where his duties included executive and managerial responsibilities, sales, service, compliance with all insurance matters as well as securities laws and regulations. Both firms are leaders in life, health, disability and property and casualty insurance.

Mr. Citron is an expert in all forms of insurance, including:

Life Insurance Health Insurance Property and casualty Insurance Disability Insurance Annuities Retirement, IRAs & Pensions

Flood Insurance Broker Malpractice / Bad Faith Profit Sharing Group Coverage Self-insurance Insurance Laws / Regulations

Mr. Citron has served as an instructor for Prudential Insurance Company Brooklyn Agency (1973) educating personnel in general insurance matters, underwriting, and insurance law. He has worked with companies including Prudential Insurance Company, United States Life Insurance Company, North American Company for Life and Health Insurance, American General Life Insurance Company, William Penn Life Insurance Company, American Life Insurance Company, Chubb Insurance Company, Travelers Insurance Company, Mass Mutual Insurance Company, John Hancock Insurance Company, and American International Group (AIG), among other.

View CMC Advisors' Consulting Profile.

Frederick J. Fisher, JD, is the President of Fisher Consulting Group, Inc., a Professional Liability firm. Since his career began, Mr. Fisher focused on one vision: providing financial security to the client. The result was a successful 40 year career in Specialty Lines Insurance.

Mr. Fisher provides Expert Witness services and Litigation Strategies to attorneys representing Plaintiff and Defense. He testifies regularly as an expert witness in cases dealing with:

• Insurance Broker Standards of Care
• Real Estate Broker Standards of Care
• Third Party Administrator Standards (TPA)
• Claims Handling and Bad Faith
• Wholesale Broker Policies with "gotchya's"

Background Experience:

• For almost 20 years, Mr. Fisher was the Founder of E.L.M. Insurance Brokers, a Wholesale & MGA facility specializing in Professional Liability and Specialty Line Risks. In 1995, he formed what is now known as ELM insurance Brokers, a firm that has acted as an MGA and Wholesale Broker of Professional Liability Insurance and Specialty Lines. From nothing, the firm grew rapidly to a $30 Million dollar facility when sold in 2008
• Mr. Fisher began his career on the service side, as an Independent E&O claims adjuster. In 1982, he bought the Company. In only 4 years, the annual billings increased by 400%
• In 1989, Mr. Fisher became a Founding Member of the Professional Liability Underwriting Society (PLUS), and was elected to the PLUS Board of Trustees in 1993. After serving in all Officer capacities, he was elected President in 1997. He remains a Special Materials Expert for several RPLU courses and is the Senior Technical Advisor for The Professional Liability Manual, first published by the International Risk Management Institute in 1990

For more information on his Litigation Support Services, Email Frederick Fisher at: fjfisher@fishercg.com

View Frederick Fisher's Consulting Profile.

Guy O. Kornblum has specialized as a Trial and Appellate Lawyer for 40 years. He has handled over 4,000 litigated matters to conclusion and has several million dollar cases to his credit. Mr. Kornblum has represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations during his 40 plus years of practice. He is highly regarded for his courtroom and appellate skills, and his representation of his clients in mediations, where he has a strong track record of successful settlements. Litigation Support - Mr. Kornblum serves as a mediator and expert witness and has qualified as an expert in federal and state court. His testimony on insurance claims handling was cited by a California Court of Appeal in upholding a jury verdict in favor of a plaintiff in an insurance bad faith case. Expertise Includes:

• Insurance Company Claims Practices - personal and commercial, property and casualty, employment coverage, director‘s and officer‘s coverage, professional liability coverage, general commercial coverage, life, health and disability insurance, bad faith, serious personal injury, professional liability, real estate, employment matters, and fraud claims involving employee welfare benefit plans, wrongful death, and actions claiming punitive damages
• Standard of Care in Legal Malpractice Cases Involving Civil Litigation Issues
• Case Settlement Value

Mr. Kornblum is Certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the prestigious National Board of Trial Advocacy, and is a Fellow, American College of Board Certified Attorneys. He is also a Life Member of the Multi-Million Dollar and Million Dollar Advocate’s Forum, for those attorneys who have achieved multi-million dollar awards or settlements for their clients. Mr. Kornblum is also a Charter Fellow in the Litigation Counsel of America Trial Lawyer Honorary, a Platinum Member of The Verdict Club, recognizing his “professional excellence in litigation,” and a Legends Society “Top Lawyer” in the personal injury field, and a Silver Member of the Elite Lawyers of America. He has been selected as a Super Lawyer each year since 2006. View Guy Kornblum's Consulting Profile.

Mr. Sagalow is the Founder & CEO of Innovation Insurance Group, LLC.  Founded in 2012, IIG is a premier insurance consulting firm providing expert witness services, specializing in the management and professional liability lines.  Mr. Sagalow is a 35 year insurance veteran with prior senior roles at AIG (25 yrs) as Chief Underwriting Officer, Chief Operating Officer, General Counsel and Chief Innovation Officer of various divisions.  Following AIG, Mr. Sagalow was Chief Innovation Officer at Zurich NA and the Tower Group.

In the expert witness field, Mr. Sagalow has been retained over 79 times including testifying on 28 occasions (as of August 2019) in various insurance disputes, on behalf of both the policyholder and the insurance carrier.  

Mr. Sagalow is a cum laude graduate of Georgetown University Law Center and holds a L.L.M degree from New York University Law School.

According to the U.S. District Court, “Mr. Sagalow’s diverse professional experience demonstrates a breadth of experience drafting and interpreting policies, making underwriting decisions, and claims handling… The Court that Sagalow's experience, training and education provided a sufficient foundation of reliability for his testimony. His specialized knowledge in the insurance field may be helpful to the trier of fact in understanding the evidence or determining facts in issue...Mr. Sagalow is qualified under Rule 702 of the Federal Rules of Civil Procedure.Ideal Client Engagement:

• Law firms needing expert witness for D&O or E&O coverage disputes (either party)
• Insurance Claims departments needing expert witness for D&O or E&O
• Investment firm seeking expert opinion on most areas of P&C insurance

More information about Mr. Sagalow, including a list of law firms who has retained me, and over a dozen testimonials can be found at http://innovationinsurancegroup.com/our-services/expert-witness-services/

View Ty Sagalow's Consulting Profile.

Ivan E. Cohen RF, ARM, CRM, CIC, AAI, MLIS, CRIS, CPIA, has 38 years of experience in the Insurance Industry serving as an agent and broker. In 1979, he opened his own agency where he still serves as president.

Mr. Cohen is a member of the Global Risk Management Institute, an associate member of the Risk and Insurance Management Society and holds the distinction of being a RIMS Fellow and a contributing insurance columnist for Risk Management Magazine.

Litigation Support - Mr. Cohen serves as an expert witness and litigation consultant on insurance related matters and currently serves as a subject matter expert for the New York State Department of Financial Services on the Insurance Exam Review Committee. His services are available to counsel representing both Plaintiff and Defense.

Areas of Expertise:

Insurance Errors & Omissions Insurance Standard of Care Insurance Agent / Broker Duties Insurance Policy Interpretation Property Insurance Liability Insurance

Insurance Custom & Practice Auto Insurance Home Insurance Personal Insurance Commercial Insurance Insurance Company Bad Faith

View Ivan Cohen's Consulting Profile.

For 34 years, Steven Plitt has represented policyholders / insureds in litigation and trial as well as representing insurance companies in Insurance Coverage and Bad Faith matters. During his career, he has reviewed thousands of claim files from more than 100 insurance companies. He has regularly consulted with all levels of claim department management from claim adjusters, supervisors, branch claim managers, claim-legal personnel and executive level insurance company management.

Mr. Plitt has also consulted with underwriting departments and participated with insurance company product development units and claims-legal to draft insurance policy language. He has reviewed and analyzed a broad spectrum of testimony from claims adjusters, claims management, claims attorneys, underwriters and other insurance company management as well as other insurance experts. He has reviewed an extensive variety of claims manuals, claims guidelines and other claims directives and practices.

Mr. Plitt is a nationally recognized expert witness in insurance claim handling and bad faith cases and has been retained as an expert in hundreds of cases nationally. He has qualified in both state and Federal Courts as a claims handling and insurance expert. He is currently an Adjunct Professor of Law at the University of Arizona where he teaches insurance law.

Areas of Expertise:

Insurance Extra-contractual Bad Faith Claims / Breach of Contract Claims Claims Handling Practices Unfair Claims Practices Policy Interpretation Coverage Denials

Property & Casualty Insurance Personal & Commercial Lines Surplus Lines Excess & Umbrella Insurance Insurance Agent / Broker Errors & Omissions Miscellaneous Coverage

Mr. Plitt has an LL.M. in Insurance from the University of Connecticut. He is the current successor author to COUCH ON INSURANCE 3D where he and his team are rewriting and revising the entire treatise. He has written other books on insurance law. He has published in excess of 320 law reviews and other professional publications on insurance law in addition to his books. Mr. Plitt has been cited by the Supreme Courts in 32 states, the Intermediate Appellate Courts in 23 states, 10 of the Federal Circuit Courts of Appeal, 54 Federal District Courts, the Federal Court of Claims and Federal Bankruptcy Court. Mr. Plitt has been cited in the Code of Federal Regulations. Mr. Plitt has also been cited in 91 scholarly articles.

Steven Plitt has been continuously listed as a top 50 lawyer in Arizona (2007-2014) by SOUTHWEST SUPER LAWYERS®, has been listed in BEST LAWYERS® since 2007 (insurance), and was named the Insurance Lawyer of the Year by BEST LAWYERS® in 2012 for Phoenix. He is a Fellow in the American College of Coverage and Extracontractual Counsel and a Member of the American Law Institute where he is a consultive member on the development of the RESTATEMENT OF LIABILITY INSURANCE.

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.

Olie R. Jolstad, SCLA, FACFEI, has worked in the Insurance Industry for more than 37 years. Over the span of his career, Mr. Jolstad has worked with various types of civil litigation involving coverage disputes, claims handling practices, bad faith, unfair and deceptive practices, duties and standards of care regarding the procurement of insurance. In addition, he has worked on forensic insurance policy reconstruction projects on behalf of policyholders.

Litigation Support - Mr. Jolstad has been providing litigation support services for approximately 20 years. He has been retained as an expert witness in approximately 200 cases and has been qualified to testify in various state and federal courts. He offers services to attorneys representing both Plaintiff and Defense.

Mr. Jolstad has been retained as an expert and consultant where insurance coverage at issue involving:

• General Liability Insurance
• Commercial Property Insurance
• Commercial Property Time Element and Extra Expense Coverage
• Builders Risk / Construction
• Construction Wrap-Up
• Directors & Officers / Employment Practices Liability
• Umbrella and Excess Liability and Duty Triggering Events
• Aviation
• Workers' Compensation

With specific attention focused on:

• Insurance Industry Customs, Practices, and Standards
• Good Faith / Bad Faith Claims Handling Practices
• Insurance Agent and Broker Standard of Care and Duty to Procure Insurance
• Excess and Umbrella Duties / Exhaustion
• Excess and Surplus Lines Coverage and Claims Handling

View Olie Jolstad's Consulting Profile.

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

Scott Stein, A.R.M., is an Insurance Industry Expert and Property Casualty and Professional Liability Insurance Broker with over 25 years of experience. He has served the last 18 years as an Agency Owner preceded by 7 years at two of the world's largest insurance brokers. Throughout his career, Mr. Stein has been negotiating and placing the broadest and most comprehensive Property Casualty and Professional Liability Insurance with specific emphasis on Legal Malpractice Insurance and Directors and Officers cover; to also include Architects E&O, Accountant Malpractice Insurance, Employment Practice Liability Insurance, Medical Malpractice and Medical Defense coverage, and nearly every other specialty within the Professional Liability Insurance spectrum, as well as Worker's Compensation Insurance. Litigation Support - Mr. Stein provides expert witness services to counsel representing both plaintiff and defendant. He has been engaged in excess of 180 cases as an insurance industry expert in the past 15 years. Never disqualified or challenged as an expert by any Court, Mr. Stein has extensive deposition history and trial testimony experience. His cases involve all areas of Broker and Insurance Carrier Standards of Care and his services include depositions, Written reports, and trial testimony when necessary. Areas of Expertise:

• Agent and Broker Procedures
• Insurance Agent and Broker Liability
• Insurance Errors and Omissions
• Broker and Agency Standards of Care
• Failure to Procure Insurance
• Claims Management and Handling
• Insurance Coverage and Placement Issues
• Insurance Disputes-Sales Practices and Bad Faith
• Risk Management Practices and Procedures
• Insurance Contract Review
• Insurance Proposals- Brokers, Agents, and Agencies
• Umbrella Liability Exposure and Placement
• Insurance Compliance- Brokers and Agents
• Intermediary and Broker Procedures
• Risk Management Analysis
• Insurance Company Claims Management and Processing

Paul W. Burkett, JD, CPCU, CIC, ARM,CRM, ALCM is an Insurance and Risk Management specialist. President and CEO of Snoaspen Insurance Group, Inc., Mr. Burkett began his career as a Loss Control Representative for SAFECO Insurance Company after serving as an Officer in the United States Air Force. During his career with SAFECO, he served as a Loss Control Supervisor, Loss Control Manager, Commercial Sales Representative, Division Commercial Lines Underwriting Manager, and Regional Workers Compensation Manager.

From Safeco Insurance Company, Mr. Burkett worked for Frank B. Hall & Company as a Vice President in charge of Risk Management Services. He was responsible for design and implementation of alternative insurance programs such as pools, self-insurance, and captives. From Frank B. Hall, Mr. Burkett assisted in establishing the Meadowbrook of Colorado office and focused on developing specialized group programs. Paul assisted in establishing TUITIONGard which specialized in coverage for private student loans provided through banks in the United States.

Mr. Burkett currently provides litigation support services to attorneys for both Plaintiff and Defense. He has been deposed and/or testified approximately 10 rimes in the last five years.

Areas of Expertise:

• Insurance Company Good and Bad Faith
• Agent / Broker Standard of Care
• Insurance Industry Customs and Practices
• Risk Management
• Business Contract Insurance Clause Analysis and Application
• Insurance Coverage Analysis
• Insurance Claims Disputes Analysis

View Paul Burkett's Consulting Profile.

Tommy R. Michaels, CPCU, AIC, ARe, ARM is an Insurance Professional with over 45 years of experience in the Property and Casualty Insurance industry.

Mr. Michaels has worked in the Home Office of a large insurance company determining coverage obligation, providing coverage interpretation, and performing functions of an insurance archaeologist. He has taught insurance courses through Robert Morris College, University of Connecticut, and Society of CPCU, Memphis Chapter.

Mr. Michaels' experience in claims includes direct handling, supervision of adjusters and other supervisors, claim office administration and development of a system that integrated various technologies to eliminate paper within the claim office. He has unparalleled claim expertise in property and casualty claims developed from his years of direct handling and supervising claim handlers. Mr. Michaels has handled claims in several states including Arkansas, Connecticut, Mississippi, Oklahoma, Pennsylvania, Tennessee, Texas, and West Virginia. He also directly handled all Fidelity and Surety claims in the State of Oklahoma.

Litigation Support - Tommy Michaels has had the opportunity to do complex claims analysis and negotiate large settlements totaling more than $250,000,000. He has resolved coverage issues, reconstructed decades old policies, and been involved in coverage litigation throughout the United States.

As an expert witness, Mr. Michaels has provided deposition and trial testimony, prepared expert reports in compliance with FRCP 26(2)(B), and has been used as a Consulting Witness. He has given testimony in over 30 depositions in State and Federal Court cases as well as testimony given at trial.

Areas of Expertise:

Claim Handling Standards Bad Faith Conduct Coverage Interpretation Insurance Carrier Duties Claim Settlement Negotiations

General Liability Insurance Automobile Insurance / Uninsured Motorists Homeowner's Insurance Environmental Liability Insurance Professional Liability Insurance

View Tommy Michaels' Consulting Profile.

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.