Insurance (General) Expert Witnesses

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.

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.

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.

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.

François Sestier, MD, PhD, FRCPC, FACC, DBIM, CIME, is a Cardiologist and Life Expectancy Calculation expert. He has over 40 years of experience in the field of medicine, 29 years as an Adult Cardiologist in the cath lab and 30 years as an Insurance Medical Officer.

Education - Dr. Sestier graduated from medical school in Nancy, France, 1967, where he obtained certification in Cardiology, Pneumology, Occupational Medicine, and Aeronautical Medicine. In Canada, since 1973, he obtained a Quebec certification in cardiology (CSPQ), and a fellowship in cardiology of the Royal College of Physicians and Surgeons (FRCPc). Dr. Sestier also obtained a PhD in Experimental Medicine (McGill, 1977).

Experience - Dr. Sestier has been a staff cardiologist at CHUM, Montreal, medical director of Quebec Blue Cross since 1985 and medical director of PartnerRe since 20219. He received certifications from the American Board of Insurance Medicine (1995) and the American Board of Independent Medical Examiners (2011). As a medical officer for various insurance companies, he has reviewed thousands of applications for life Insurance, giving advice on the Mortality and Life Expectancy associated with the applicant's medical conditions.

Dr. Sestier - Life Expectancy Calculation

Litigation Support - Dr. Sestier's medico-legal advice is available to counsel representing both Plaintiff and Defense. He has performed life expectancy calculations for litigation purposes on topics as diverse as traumatology, traumatic brain injury, cognitive impairment, spinal cord injury, morbid obesity, diabetes, many different cardio-vascular pathologies, sudden death, stroke, cerebral palsy, multiple sclerosis, epilepsy, asthma, chronic obstructive lung disease, sleep apnea, liver cirrhosis, hepatitis B and C, and all kinds of cancers. He follows the actuarial methodology proposed by the American Academy of Insurance Medicine for his LE calculations. 

Areas of Litigation Expertise:

Disability Assessment Permanent Disability Eligibility Medical Liability Insurance Médicine Life Insurance

Health Insurance Travel Insurance Critical Illness Insurance Life Expectancy Calculations Work-Life Expectancy calculation

Book chapter: Vachon P and Sestier F: Life expectancy calculation. In Life Care Planning, PMR clinics of North America, M. Lacerte and C. Johnson, ed., Elsevier publ. New York, August 2013, pp 539-551.

Recent publication: https://www.canadianlawyermag.com/news/opinion/ethical-issues-are-too-often-ignored-by-medical-experts/275898

View Dr. Sestier's Consulting Profile.

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

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 self-insured fund executive, a risk management consultant, an expert witness and has been retained as an arbitrator.

He was President of the Society of Risk Management Consultants in 2017 and continues to serve on the Board of Directors. Mr. Stegall 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 Association of Registered Professional Adjusters, ARIAS-US, Defense Research Institute, and an Associate Member of the American Bar Association - Tort Trial and Insurance Section. Mr. Stegall has provided 112 expert opinions, been deposed 53 times testified in five trials and three arbitration hearings. His testimony has been divided between 65 for the Defense and 62 for Plaintiffs.

Joe L. Williams, CPCU, partner in PozmantierWilliams Insurance Consultants, LLC, has over 49 years of experience as an Insurance Agent / Broker and Insurance Consultant. From 1970 until 2007, he was a principal shareholder in a large Houston firm, Wisenberg Insurance + Risk Management, and was Chairman and CEO when the firm was sold to a subsidiary of Wells Fargo Bank. One of the youngest people ever to receive the CPCU professional designation at the age of 23, Mr. Williams is very familiar with all phases of the insurance industry, including consulting on bad faith, customs and practices, and standards of care. He has particular expertise in property coverage, business interruption, non-subscription, and risk transfer techniques. Litigation Support - Mr. Williams provides expert services to counsel representing both Plaintiff and Defense. He offers objective opinions on the following matters:

• Agent / Broker Bad Faith
• Insurance Industry Customs & Practices
• Agent / Broker Standards of Care
• Coverage Terms and Conditions
• Agent / Broker Services
• Insurance Program Design
• Agency / Company Disputes
• Claims Management by Agent
• Insurance Agency Management

View Joe Williams' 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

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.

Milliman’s Tampa Office provides Health Insurance, Health Care and Employee Benefit Consulting to law firms, insurance companies, hospitals, HMO’s, Blue Cross/Blue Shield plans, employers and government agencies. Our staff is experienced with medical, dental, long-term care, Medicare supplement & critical illness.

We assist clients nationwide with forensic actuarial work, rate filings, regulatory compliance, reserve projections, valuations, employee benefit analysis and design, mergers and acquisitions, demutualizations, claim cost analysis, and utilization management programs.

These health care services are used in litigation relating to:

• Pricing & Underwriting
• Senior Services
• Contract Development and Negotiations
• New Plan Design

Mary Wickens, JD, CFE, CHC has over 35 years experience in the Healthcare Insurance, Managed Care, and Compliance Industry. Her experience includes advising and counseling health care providers, insurers, government contractors, and others in compliance, ethics, fraud and abuse, Medicare, Medicaid and Federal Employees Plan, managed care, and other matters. Background Experience - Ms. Wickens is a former compliance officer for a major health insurer and former legal and compliance specialist for a CMS Medicare Program Safeguard Contractor. Also a former operations director for government programs (Medicare Part C, Medi-gap, and FEHBP) for a major HMO, she is experienced with government audits and investigations, commercial audits, as well as self-reporting and internal investigations. Ms. Wickens has decades of experience as in house counsel to HMOs and health insurers. She has drafted, developed, negotiated, and implemented numerous healthcare provider-payor contracts, and developed and implemented codes of conduct, ethics programs, compliance programs and numerous corrective action plans. Litigation Support - Mary Wickens provides litigation support, including skilled expert services, reports and testimony in federal False Claims Act cases, arbitrations, and provider-payer disputes. She is an experienced testifying expert, responsive to the needs of counsel, with excellent report writing skills. Ms. Wickens' services are available to counsel representing both plaintiff and defendant. Areas of Expertise:

Medicare False Claims Act (FCA) Health Insurance HMO Medicare Advantage Provider / Payor Disputes Claims Audits and Appeals Federal Employees Health Benefits Plans (FEHBP)

Medicare Part D Government Audits DME Home Health Care Hospice Managed Care Contracting Anti-Kickback Compliance Self-disclosures

View Mary Wickens' Consulting Profile.

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.

Jim Leatzow has 43 of "hands-on" practical, property / casualty insurance agency experience. Leatzow has literally worn "every hat there is to wear in the P/C insurance business. He provides expert & arbitration services nationally & internationally with no charge for travel time. He is articulate, efficient & equally comfortable within the U.S. & in foreign venues. His experience includes:

• 44 years national Property/Casualty insurance industry experience
• 30 years national, Property/Casualty insurance Agency Owner
• 23 years national, Property/Casualty Managing General Agent (MGA)
• 20 years national, Third Party Administrator (TPA) insurance claim adjuster
• 26 years Reinsurance experience & Company Founder/President
• 17 years Certified insurance Arbitrator (U.S. / U.K. / Bermuda) 
• 56 years Licensed Pilot with Commercial, Instrument, Multi & Seaplane Ratings 
• Still licensed in Illinois (44 years) & Wisconsin (37 years) 
• Licensed in all states for 20-25 years until 2005 (agency sold)
• Rule 26 Report specialization on complex cases 
• Bad Faith Expert nationally 
• History of representing plaintiff & defense equally
• No charge for travel time "coast to coast"

Leatzow's specialties include: Agent-Broker-MGA standards of care / Bad Faith / Coverage    / Agent-Broker E&O Claims / Agent-Broker custom & practice / Professional (E&O) Liability / Claims adjusting Standard of Care / Claims-made coverage / Surplus Lines issues / Underwriting / Licensing / Property / General Liability /Aviation Insurance