I. Scrutiny of Insurer-Retained Experts
In first-party property litigation, the objectivity of carrier-retained experts—including engineers and technical consultants—is a material factor in evaluating claim determinations. Frequent retention by a single insurer may create financial dependencies that subtly or overtly influence technical findings.
II. Indicators of Potential Bias
Indicia of carrier influence or compromised independence include:
- Direct contradictions between the expert’s findings and prior adjustments or payments made by the carrier.
- Unexplained, carrier-favorable revisions to preliminary inspection reports or draft opinions.
III. Discovery Strategies to Test Expert Credibility
To verify whether an expert opinion is objective, counsel should utilize targeted discovery:
- Subpoenas Duces Tecum: Seek records detailing assignment history, compensation totals, correspondence, and scope-of-work directives.
- Depositions: Question experts directly on their pre-inspection disclosures, reliance materials, and methodology.
- Contemporaneous Documentation: Policyholders should maintain detailed records and independent photographic documentation during all carrier-led property inspections.
Written with the assistance of AI.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 801.641.8304, or email experts@adviseandconsult.net.