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Receivership and insolvency issues

Receiver’s expert in suits against officers and professionals.

Analysis supporting a receiver’s claims against a failed insurer’s former directors, officers, and professionals.

About this practice area

Suits brought by the receiver.

When an insurer fails, its receiver steps into the company’s shoes and may sue those whose conduct contributed to the failure: former directors and officers, outside auditors, accountants, actuaries, and other service providers. Recoveries go to the estate and ultimately to policyholders and creditors.

These cases usually turn on how the company actually operated: how claims were handled and reserved, what controls existed, what the professionals reviewed, and what they should have seen. The receiver’s expert reconstructs that picture from the failed company’s claim files and systems, often across hundreds of files.

Testimony given for receivers is also listed under Testimony for Receivers and Regulators.

The estate's records drawn into the expert's solid report, signed with one solid mark and carried on to the court's building
Engagements

For the receiver.

Reports, depositions, and trial testimony for receivers and liquidators.

Testifying expert · Report, Deposition, Trial

Three-month trial over a failed insurer’s directors and outside auditor

$2Bplea in the case
265claim files scored
800+page report

Receiver’s expert

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Engaged by the Florida Department of Financial Services as an expert to review the claims practices of an insurance entity in Receivership, in a case for damages against the Directors and Officers of the insurer as well as their outside auditor. This required analysis of issues such as corporate governance, claim reserving, communication with claimants, and adherence to fair claims practice rules & file documentation standards for claims. The plea in the case was for $2 billion. Mr. Bingham testified during the three-month trial. Mr. Bingham and his team scored 265 files and completed a report of over 800 pages.

Circuit Court of the Second Judicial Circuit, Leon County, Florida

Also listed under: Testimony for Receivers and Regulators · Carrier claims-practice reviews & audits · Claim audits and file scoring · Testimony record

Testifying expert · Report, Deposition

Errors-and-omissions suit against a failed risk retention group’s directors, auditors, and actuaries

2-daydeposition
Finalreport issued
Settledafter the deposition

Receiver’s expert

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Retained by the Special Deputy Liquidator for a South Carolina domiciled medical malpractice risk retention group in Liquidation. The Special Deputy Liquidator is suing the company’s former directors and officers, accountants, auditors, and actuaries for errors and omissions. Mr. Bingham has completed an extensive review of the company’s claim files and information management systems and has issued a final report. Upon completion of Mr. Bingham’s two day deposition the cases settled on terms favorable to the Receiver and the South Carolina Department of Insurance.

Court of Common Pleas, Fifth Judicial Circuit, Richland County, South Carolina

Also listed under: Testimony for Receivers and Regulators · Claims Handling Review · Testimony record

Testifying expert · Deposition, Trial

Contested liquidation proceeding

Orderedinto liquidation

Receiver’s expert

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Testified as Receiver’s expert in the case of Legion Indemnity Insurance Company. The judge ruled in favor of the Receiver and ordered Legion into liquidation.

Also listed under: Testimony for Receivers and Regulators · Testimony record

Other matters

Claim audit of an insolvent carrier’s property lossesTestifyingEstate claims and auditsRead moreShow less

Retained by the Receiver of an insolvent carrier to perform a claim audit and examination of property losses. A random selection of the claim population was examined to form opinions about claim handling and payment to determine accuracy of payments and adequacy of claim file documentation.

Also listed under: Reserve adequacy studies · Claim audits and file scoring · Testimony for Receivers and Regulators · Claims Handling Review · Testimony record

Six further insolvency matters in IllinoisTestifyingReceiver’s expertRead moreShow less

Six further matters for Illinois Directors of Insurance acting as receiver, liquidator, or rehabilitator of insolvent carriers: expert opinion reports and sworn deposition testimony, including one appearance as a fact witness.

Also listed under: Testimony for Receivers and Regulators · Testimony record

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