In approximately 47 cases over the last 53 months (as of Nov 2016), attorneys representing both insurers and policyholders turn to IIG for expert witness services in professional liability insurance coverage disputes. IIG expert witness service chiefly focuses on:
- Directors and Officers Insurance (D&O)
- Errors and Omissions Insurance (E&O)
- Cyber Insurance
- Other Financial Lines (EPLI, Crime, Fidelity Bonds, Fiduciary Liability etc.)
Our unique combination of legal expertise (as former General Counsel for AIG’s National Union subsidiary), and underwriting expertise (as former Chief Underwriting Officer for National Union), including policy drafting experience and underwriting custom and practice, as well as claims handling process and custom and practice, all informs our innovative approach to expert services, helping our clients obtain the best possible outcomes.
Our Insurance Expert Witness Services
Expert Services may include providing expert reports and testimony in litigation or claims disputes primarily involving the “financial lines” product group, including directors and officers’ liability insurance, professional liability insurance, and security & privacy (cyber) insurance. We can also review coverage letters or draft coverage analysis for both carriers and policyholders. These services can be done in pre-litigation which can help avoid litigation altogether.
D&O Insurance Expert Witness Services
Directors & Officers insurance policies offer liability coverage for company managers to protect them and their Companies from claims which arise from the decisions taken within the scope of their regular duties. Since the 1980s, D&O insurance has become a very common coverage for public corporations due to an increases in large shareholder lawsuits. But, D&O is probably the least understood insurance, even among the most seasoned attorneys.
E&O Insurance Expert Witness Services
Errors & Omissions insurance, also known as professional liability insurance for professional services businesses, is an integral part of protecting your client’s business. Even if your client hasn’t made a mistake, accusations of negligence or failure to perform professional services are things that any firm can be sued. But interpreting and understanding the underlying presumptions of an E&O policy can be difficult, even for many licensed insurance professionals.
Cyber Insurance Expert Witness Services
Traditional liability products do not address Internet exposures and the risks involved. Through a company website, businesses can have some of the same exposures as publishers. These include copyright infringement, defamation and invasion of privacy, as well as emerging exposures related to operating a Website. The universe of potential plaintiffs is staggering, given the number of people and organizations currently surfing the Internet. A potential legal action and interpretation of a cyber insurance policy can prove to be costly.
Our Expert Witness Experience
Since starting this practice group in June 2012, we have been retained in approximately 45 cases, averaging a new case every month or so. Mr. Sagalow has testified 9 times at deposition and once in trial.
He has never been disqualified as an expert. And, indeed, on March 27, 2014, the United States District Court for the Southern District of California affirmatively held that Mr. Sagalow was a qualified insurance expert under Rule 702:
[Defendant’s] expert, Ty R. Sagalow, is qualified under Rule 702 by way of his experience and education. Mr. Sagalow has over 30 years’ experience as an insurance executive, and has served as both chief underwriting officer and general counsel at one of the world’s largest insurance companies. His diverse professional experience at a variety of companies in the insurance industry demonstrates a breadth of experience drafting and interpreting policies, making underwriting decisions, and claims handling….The Court concludes 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.
For a copy of the full decision, click here.
A separate United States District Court (in a separate case) also held Mr. Sagalow’s fees to be reasonable given his background and experience.
Mr. Sagalow was also recently named “Most Helpful Expert” in a $8.7M coverage decision.
For more client testimonials, see right column on this page.
For a copy of Mr. Sagalow’s CV, click here.
Not yet in litigation?
Bringing in an expert pre-litigation can help avoid litigation altogether. We review coverage letters or draft coverage analysis for both carriers and policyholders.
Need assistance in tracking down a good expert witness for coverage disputes outside of D&O/E&O? Through our network of partnerships, we can assist in your finding the right insurance coverage expert for your case!
Other Expert Services
We also provide consultations in a wide variety of P&C insurance matters through a number of outside research organizations including AlphaSights, Atheneum Partners, CognoLink, Coleman Research Group, GLG Research, Guidepoint Advisors, and IMS ExpertServices. We have completed over 75 of these short-term engagements, which usually involve a 45 to 60 minute telephone consultation.
Illustrative Expert Witness Networks
Illustrative Law Firm Clients
Representing as plaintiffs, various policyholders; and as defendants, top Financial Lines insurance carriers including the following: