Insurance Agent / Broker - Standards of Care Expert Witnesses

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.

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.

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

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.

Maurice Lieberman, CLU, ChFC, RHU, LUTCF, has over 40 years of experience specializing in Insurance and Financial Planning.

Mr. Lieberman holds three professional designations from the American College, Chartered Life Underwriter, Chartered Financial Consultant, and Registered Health Underwriter. He is a Life Insurance Training Council Fellow, and a member of the American College of Financial Services Professionals, Forensic Expert Witness Association, and the American College of Forensic Examiners International.

Background Experience - Mr. Lieberman started as an insurance agent for Metropolitan Life and then advanced in his career to manage brokers. He successfully built agencies for Aetna, and Principal Financial Group. He was later promoted to Regional Director for New England Financial, and CSAA Life. Over the years he mentored hundreds of insurance agents, brokers, financial planners and agency managers to build their own successful careers and agencies. He was also a member of the Million Dollar Round Table and utilized his selling and management experience to train insurance agents, brokers and financial planners in advanced areas of estate, business insurance, and financial planning.

Litigation Support - . Mr. Lieberman has utilized his financial planning and insurance industry knowledge to consult with attorneys for over the past 12 years. He consults with attorneys and assists council in trial preparation regarding issues of life insurance and annuity coverage analysis, coverage disputes, and company practices. He has been called upon to be an expert witness in insurance litigation cases for both plaintiff and defendant.

Areas of Expertise:

Life Insurance Coverage Analysis Annuity Coverage Analysis Coverage Disputes Company Practices Life Insurance Products and Services

Contract Analysis Regulations Compliance Best Practice Principles Life Insurance Underwriting Procedures

View Maurice Lieberman'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

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.

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.

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.