Insurance Coverage Analysis Expert Witnesses

MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. 

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics. 

Areas of Expertise Include:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Allan Windt specializes in the areas of Insurance Coverage, Duty to Settle and Bad Faith. In over 30 years in the insurance business, he has handled more than 10,000 claims for more than 70 insurance companies and hundreds of insureds in all 50 states. Mr. Windt has served as an expert witness in dozens of states.

He is the author of Insurance Claims & Disputes, Representation of Insurers and Insureds, West, 1982 first edition, 1988 second edition, 1996 third edition, 2001 fourth edition, and 2007 fifth edition. Mr. Windt's books have been cited as authoritative by more than 300 courts throughout the country.

Paul F. Amoruso, CPCU, has more than 45 years of experience working for several major insurance carriers as a Senior Vice President of Claims and Operations. As a licensed insurance agent in Massachusetts, Connecticut, Florida, an New Jersey and licensed public adjuster, he is uniquely qualified to assist either plaintiff or defense attorneys on insurance related issues on local or national issues.

If you are an insurance company, insured, or law firm and need an independent review of an insurance issue regarding litigation, agency or company operations, practices or procedures, he is available to assist.

Mr. Amoruso has served as an Expert Witness in many states in both State and Federal court . Having worked in all operation areas of the insurance industry he is able to testify to the generally observed and accepted industry practices.

Areas of Expertise:

• Insurance Customs and Practices
• Company Policies
• Management Involvement
• Proper Staffing
• Coverage Denial
• Agency and Insurance Company Relationships
• Case Evaluation
• Reserve Policies
• Workers Compensation
• Liability Personal or Commercial
• Commercial and Personal Property Losses
• Authority Level
• Industry Ethics and Norms
• Bad Faith
• Claims Handling Practices
• Insurance Company Operations

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), a Liability Program Management Firm. Mr. Beringer is an approved consultant by the A.M. Best organization for liability and insurance program management, including construction, OCIP, TPA, JPA, Captives, and Memorandum of Coverage and insurance coverage analysis.  

Credentials: LPCS American Institute of Insurance Studies; RPA Registered Professionals Adjuster Association. Graduate of the Mediation Center and qualified under FEHA for investigations. Liability Manager for ICRMA, BICEP, et al. 

Well over 15,000 litigated cases were resolved by the efforts of Mr. Beringer during his employment in the insurance industry and as a private practitioner in his over 50 years in the claims and risk management industry.

Burl Daniel, CPCU, CIC, CRM entered the Insurance Industry in 1973 and was an Insurance Agency Principal for twenty three years. He is retained as a Property and Casualty Insurance Expert Witness by attorneys representing policyholder insureds, carriers and third parties. Wide expertise in a majority of Property and Casualty insurance lines was developed over 40+ years. In the legal community he is well-known as responsive to attorney inquiries, depth of insurance experience and attention to detail. Credibility results from methodical analysis, independent research, concise reports and clear-cut answers to deposition and trial questions. Mr. Daniel maintains the professional designations CPCU (Chartered Property Casualty Underwriter), CIC (Certified Insurance Counselor), and CRM (Certified Risk Manager) and holds a BBA-Insurance from the University of Texas. His teaching credentials include serving as Adjunct Professor of Insurance with two Texas universities; he holds Property-Casualty and Risk Manager licenses. Areas of Expertise:

Insurance Agent Error & Omission Insurance Bad Faith Claims Handling Practices Surplus Lines Insurance Commercial Auto Insurance Commercial General Liability Products Liability Insurance Commercial Umbrella Insurance Professional Liability Insurance Directors and Officers Liability Employment Practices Liability Workers Compensation

Property Insurance Expert Business Interruption Insurance Boiler & Machinery-Equipment Breakdown Flood Insurance Ocean Marine Insurance Inland Marine Insurance Crime Insurance / Fidelity Bonds Personal Auto Homeowners Insurance Watercraft / Boats Personal Umbrella

Mr. Daniel has four decades insurance experience with a diverse set of industries:

Contractors - General & Artisan OCIP-CCIP Real Estate Manufacturing Wholesale / Warehousing Retailers Import / Export Oil jobbers Transportation / Truckers

Utilities Professional Services Science and Tech Services Computer & Information Technology Non -profit organizations Insurance Companies Banks Agriculture Wildlife Parks

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.

Dr. William R. Sawyer  is a Professional Toxicologist with a doctorate in toxicology from Indiana University School of Medicine. He is a diplomate of the American Board of Forensic Medicine and has over 30 years of extensive experience in Public Health and Forensic Toxicology with specialized expertise in causation analyses (plaintiff and defendant) including Alcohol toxicology, Drugs-of-Abuse, Pharmaceuticals, Herbal Products, Dioxins, Solvents, Heavy Metals, Crude Oil and other Chemicals. Dr. Sawyer has testified in trial or deposition in over 30 states including NY, MA, CT, PA, RI, NH, DE, NJ, WV, VA, NC, SC, GA, FL, AL, MS, LA, AR, MO, KY, IN, IL, WI, MI, OH, MN, MT, WA, CA, TX, OK. As a skilled scientist and communicator in the area of toxic tort, Dr. Sawyer provides services to governmental agencies, corporations, select plaintiffs or defendants. Dr. Sawyer currently serves as Chief Toxicologist for TCAS, LLC, and served for 23 years as an Assistant Professor (adjunct) with the Department of Medicine, Upstate Medical University, Syracuse, New York. Dr. Sawyer also has approximately 14 years experience as a licensed clinical and environmental laboratory director in several states. Lisa Myers interviews Dr. Sawyer on NBC Nightly NewsTCAS Services and Expertise:

Alcohol Toxicology Analytical Testing Asbestos Toxicology Birth Defects Carcinogenesis Causation Assessments Chemical Toxicology Carbon Monoxide

Dioxin Toxicology Forensic Chemistry Forensic Toxicology Laboratory Services Mass Toxic Tort Medical Malpractice - Pharmaceuticals Petroleum Toxicology Forensic Source ID

Qualifications & Experience

• Diplomate of the American Board of Forensic Medicine (D-ABFM) 
• Academic Affiliations- Medical School Faculty (adjunct)
• Government Experience - Public Health Toxicologist
• Toxic Tort Causation / Determination - Defense, Plaintiff
• Experienced Clinical and Environmental Laboratory Director
• Considerable Experience with Mass Toxic Torts

View Dr. William Sawyer's 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.

Stephen D. Campbell is Principal of Independent Insurance Consulting, LLC and has 38 years of extensive multi-line underwriting management experience, including a five-year London assignment.

His underwriting management background includes global leadership of a $2.5b worldwide primary and excess casualty, environmental liability and crisis management profit center with a strong record of growth and underwriting profit.

Litigation Support - Mr. Campbell is available to counsel representing both plaintiff and defendant. He has deposition and trial testimony experience in Federal District Court.

Areas of Expertise:

• Primary and Excess Liability Insurance
• Property and Casualty Insurance
• Contaminated Products Insurance
• Global and Multinational Insurance Programs
• Coverage Issues and Underwriting Guidelines

References available upon request.

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.

Janice A. Ramsay founded the law firm of Ramsay and Johnson, ALC in 1984. She merged her practice and that firm with Berger Kahn LLC in 1999. Since the late fall of 2007, she has primarily worked independently as an expert witness and consultant to other attorneys.

During her career, Ms. Ramsay has given advice on coverage questions, underwriting procedures, rescission rights, claims handling, and insurers legal and policy obligations. She is experienced with both commercial and personal lines policies. Ms. Ramsay is familiar with the business of insurance and the legal framework of that business and has performed the procedures that are unique to the claims process such as examinations under oath, and appraisals. She has drafted or revised insurance policies for several insurance companies and has handled coverage litigation.

Litigation Support - Ms. Ramsay has been retained in over 150 matters as an expert work during her law practice beginning as early as 1989. She has testified frequently in both deposition and trial on the standards and practices of the insurance industry. She has testified for insurers, insureds,brokers, and agents.

Types of Losses:

Fire Losses Organized Insurance Fraud Landslides Earthquakes Water Damage / Mold Defective Construction

Latent Defects Riots Acts of Civil Authority Business Interruption Suit Limitation Issues Mortgagee Rights

Speaking Engagements - Ms. Ramsay has frequently been a speaker and/or panelist for the Orange County Bar Association, PLRB Annual Conference, the Combined Claims Conference, and many more. She has also given in-house seminars for several insurers.

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.

Mitchell L. Lathrop, has over 50 years of experience in the practice of law, and specialized knowledge in Insurance, Reinsurance, and Lawyers' Professional Responsibility. For the past 30 years, Mr. Lathrop has served as a Mediator, Arbitrator and Expert Witness in his fields of expertise. A seasoned trial lawyer, he brings his many years of practice to alternative dispute resolution. Mr. Lathrop is admitted to practice in California, New York and the District of Columbia, as well as before the U.S. Supreme Court and the U.S. Courts of Appeals for the Second, Fifth, Ninth, Tenth, District of Columbia and Federal Circuits. Mr. Lathrop is a former Presiding Referee of the California State Bar Court. He serves on the National Panel of the American Arbitration Association and is a Distinguished Neutral of the International Institute for Conflict Prevention and Resolution (CPR), as well as a member of the London Court of International Arbitration. He is the author of "Insurance Coverage for Environmental Claims," published by Lexis-Nexis Matthew Bender. He has qualified as an expert in insurance and legal malpractice in both state and federal courts. Areas of Expertise:

• Insurance bad faith and standard of care and conduct
• Reinsurance Law - Property and Casualty insurance
• Treaty and Facultative Reinsurance
• Environmental Insurance
• Complex insurance coverage Issues
• Lawyers' Professional Responsibility