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Insurance claims-handling expert

Expert class library · Insurance · Either side

Evaluates whether an insurer investigated, evaluated, and paid a claim in line with industry practice and fair claims handling rules. Central to bad faith and extracontractual claims.

What this expert is retained to answer

  • Did the insurer investigate, evaluate, and pay the claim in line with industry claims practices?
  • How did the insurer's handling depart from those practices, and did the departures matter to this claim?
  • Was the insurer's coverage position a reasonable one in light of the information it had?
  • What would a reasonable adjuster have done differently?

Methods

  • Claim file review
  • Industry claims practice comparison
  • Unfair claims settlement practices analysis
  • Reserve and valuation review

How the testimony is attacked

  • Legal conclusions. Experts may describe industry standards and how the insurer's conduct compared, but not tell the jury the insurer acted in bad faith or violated a statute. O'Sullivan and McClure both drew this line.
  • Deviations not tied to the claim. A list of departures from ideal practices does not show bad faith unless connected to harm in the claim at issue. 11333 Inc. excluded an expert on this basis.
  • Opinions on motive the jury can assess. Opinions about whether an adjuster was financially motivated or acted by mistake may not help the jury. McClure held such opinions improper for an expert.
  • Speculation and lack of foundation. Conclusory assertions about how an insurer 'spun' the law, without explanation, are excluded. O'Sullivan excluded portions of the expert's report on that ground.

What the public record shows

A deliberately narrow CourtListener search, "bad faith" AND "claims handling" AND expert AND (Daubert OR "Rule 702"), returned 22 opinions filed since 2015, as of October 2, 2026; broader searches return more. Three that show how courts handle this class of testimony:

OutcomeCaseCourtWhy
Excluded11333 Inc. v. Certain Underwriters at Lloyd's261 F. Supp. 3d 1003D. Ariz. 2017The court excluded the insured's bad-faith expert because his list of departures from industry claims standards was not connected to any prejudice in this claim and amounted to an invalid strict-liability theory of bad faith.
LimitedO'Sullivan v. Geico Casualty Co.233 F. Supp. 3d 917D. Colo. 2017The court allowed the insured's claims-handling expert to describe industry practices and how the insurer departed from them, but excluded his opinions that the insurer acted unreasonably, violated the claims statute, or breached the duty of good faith.
LimitedMcClure v. Country Life Ins. Co.326 F. Supp. 3d 934D. Ariz. 2018In post-trial rulings the court upheld limits on the insurer's claims expert, who testified about the reasonableness of the insurer's conduct but was barred from opining on the ultimate question of bad faith or on matters such as the adjuster's motives.

Each case links to the free opinion text on CourtListener.

Under amended Rule 702

Since December 1, 2023, Rule 702 says expressly that the party offering an expert must show the court it is more likely than not that the testimony meets each requirement: that it rests on sufficient facts or data, uses reliable methods, and reflects a reliable application of those methods to the case. Questions about the basis of an opinion are no longer automatically matters of weight for the jury. For how the circuits have applied the amendment, see the Rule 702 tracker, which follows each court of appeals; for what that means for preparing or attacking this class of expert, see the guide on amended Rule 702.

Related classes

  • Property loss causation engineer
  • Insurance actuary

Guides

  • Amended Rule 702 After Nearly Three Years: What Courts Exclude

Simulating this class on a matter

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Last reviewed October 2, 2026. How this page is built: rulings are found by searching court opinions on CourtListener, and each one is read in the opinion before it is summarised here; outcomes are labelled by what the court did with the expert's testimony. No individual expert is named. This page summarises public decisions for orientation and is not legal advice; read the opinion before relying on any ruling.

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