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Testifying expert

Expert testimony and track record.

Expert reports, depositions, and trial testimony by Rick Bingham, with the track record an attorney needs to vet an expert: where he has been engaged, what he has testified or reported on, and the documents that verify it.

Testimony for Receivers and Regulators

About this practice area

What an insurance expert witness does.

An insurance expert witness explains to a court, a jury, or an arbitration panel how insurance actually works: how policies are written and administered, how claims are investigated, evaluated, reserved, and paid, and what the industry treats as reasonable practice. The expert’s opinions are usually set out first in a written report, then tested in deposition and, if the case goes forward, at trial.

Insurance experts are called in a wide range of disputes: bad-faith and breach-of-contract suits between policyholders and insurers, coverage disputes, reinsurance litigation & arbitration, professional-liability claims against claims administrators, agents, and defense counsel, and receivership proceedings brought on behalf of state regulators. They may be retained by either side, and in insolvency matters by the court-appointed receiver of a failed insurer.

In federal court and in many states, expert testimony must rest on sufficient facts and a reliable method, reliably applied to the facts of the case. That is why the record matters: an opinion is only as strong as its connection to the claim file, the policy, and the standard that applied at the time.

Questions travel down from the judge’s bench to a sworn transcript; the answers on the page are solid lines, and the record is signed with one amber mark

Also on its own pageTestimony for Receivers and RegulatorsReports and testimony for state insurance receivers, liquidators, and rehabilitators, and for Departments of Insurance.

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Testimony

Record of testimony.

Mr. Bingham has been recognized as a qualified expert in state and federal courts. His engagements include work for policyholders and for insurers. Every opinion GIC renders is formed by Mr. Bingham and set out in a report he signs.

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: Carrier claims-practice reviews & audits · Claim audits and file scoring · Receiver’s expert in suits against officers and professionals

Testifying expert · Report, Deposition

Facultative reinsurance dispute over asbestos claim cessions

40,000+page record

70-pagereport in under 5 weeks

80-pagerebuttal report

Reinsurance disputes

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Engaged by a cedent in litigation with a facultative reinsurer concerning the claim cessions of a tier 3 asbestos policyholder. Mr. Bingham and his team reviewed the record of over 40,000 pages and authored a 70-page report in less than 5 weeks. Issues addressed concerned late notice, proper reserving, and the rights of inspection & participation by the facultative reinsurer. Mr. Bingham also authored an 80-page rebuttal report and gave testimony via deposition.

U.S. District Court, Eastern District of Michigan, Southern Division

Also listed under: Reinsurance Disputes

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: Receiver’s expert in suits against officers and professionals · Estate claim adjudication and audits · Reserve studies for carriers · Claims Handling Review

Testifying expert · Report

TPA suit over a workers compensation deductible recovery: random 52-file audit

100files reviewed, 52 selected at random

100+page rebuttal report

379citations, 23 exhibits

Defense of TPAs, agencies, and counsel

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Retained by counsel representing a third-party administrator being sued for negligence and breach of contract. Allegations against the third-party administrator included erroneous coverage interpretation and application as well as conducting an untimely investigation and inadequate reserving. The dispute arose from a workers compensation carrier’s recovery action against a policyholder for paid benefits subject to the policy’s deductible. GIC selected at random 52 files for review and utilized a proprietary score sheet to aggregate the results. In all, 100 files were reviewed. GIC authored a rebuttal report of over 100 pages containing 379 citations and 23 exhibits.

Also listed under: Defense of TPAs, Agencies, and Counsel · Claim audits and file scoring · Claims Handling Review

Testifying expert · Report, Deposition

Texas ice storms, February 2021: property damage and business income

2021Texas ice storms

Business incomeproperty and contents claims

Property & Catastrophe

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Engaged by an entertainment concern which suffered major damage and loss during the Texas ice storms of February 2021. This policyholder is contesting the carrier’s refusal to pay the benefits for property damage, business personal property, and loss of business income.

U.S. District Court, Western District of Texas, Waco Division

Also listed under: Property & Catastrophe · Fair claims practices and standards of care · Business Interruption Analysis

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: Receiver’s expert in suits against officers and professionals

Other matters

Unauthorized business of insurance by an agent, broker, and carrierTestifyingClaims handling reviewRead moreShow less

Retained by policyholder to testify about an agent/broker/carrier engaging in the unauthorized business of insurance in Illinois; Expert opinion report; sworn deposition; sworn trial testimony.

Circuit Court of Cook County, Illinois, Chancery Division

Also listed under: Claims Handling Review

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 · Estate claim adjudication and audits · Receiver’s expert in suits against officers and professionals · Claims Handling Review

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: Receiver’s expert in suits against officers and professionals

Term life death claim: underwriting and claim issuesTestifyingCoverage and policy interpretationRead moreShow less

Retained by plaintiff as an expert on a dispute involving a death claim against a term life policy. His report opined on both underwriting and claim issues. The plaintiff was ultimately successful and obtained a favorable settlement from the insurer.

Circuit Court of Jefferson County, Alabama

Also listed under: Coverage and policy interpretation

Major fire and business interruption at an entertainment venueTestifyingProperty & CatastropheRead moreShow less

Engaged by an entertainment concern which suffered major structural damage, including substantial business interruption claims due to a major fire. This policyholder is contesting the carrier’s refusal to pay the benefits for property damage, business personal property, and loss of business income.

U.S. District Court, Western District of Kentucky, Paducah Division

Also listed under: Property & Catastrophe · Fair claims practices and standards of care · Business Interruption Analysis

Challenge to a financial benefits insurer’s rehabilitation planTestifyingLife and annuityRead moreShow less

Retained as policy beneficiary’s expert in Rehabilitation of financial benefits insurance company to support allegations that Rehabilitation Plan may be potentially preferential and in violation of certain provisions of the state’s insurance code.

Also listed under: Life and annuity liquidations and rehabilitation

Insurer recouping a large deductible after waiving conditionsTestifyingCoverage and policy interpretationRead moreShow less

Retained by a hospital to opine on policy interpretation, claims documentation, and fair claim practices of an insurer attempting to recoup a large deductible after waiving contract terms and conditions.

Circuit Court of the Twelfth Judicial Circuit, Will County, Illinois

Also listed under: Coverage and policy interpretation

Failure to settle multi-fatality death claimsTestifyingFair claims practicesRead moreShow less

Retained by decedent’s estate in a bad-faith/breach-of-contract action against a self-insured for failure to settle death claims resulting from a driving while intoxicated accident involving multiple fatalities; Expert opinion report; sworn deposition.

U.S. District Court, District of South Carolina

Also listed under: Fair claims practices and standards of care · Defense of TPAs, Agencies, and Counsel

Subrogation claim after a condominium fireTestifyingProperty & CatastropheRead moreShow less

Retained by insurer of condominium owner to resist subrogation claim of carrier attempting to recover for payments to complex from major fire loss originating in owner’s unit. Expert opinion report; sworn deposition.

192nd District Court, Dallas County, Texas

Also listed under: Property & Catastrophe

Residential hail and wind bad-faith claimsTestifyingProperty & CatastropheRead moreShow less

Retained by a top tier personal lines insurer on multiple residential hail/wind claims where policyholders are alleging bad faith and breach of contract. Mr. Bingham has authored reports for both state and Federal courts and has given or is in the course of giving depositions.

Court of Common Pleas, Warren County, Ohio

Also listed under: Property & Catastrophe · Fair claims practices and standards of care

Life and annuity liquidations at the Illinois Office of the Special Deputy ReceiverConsultingLife and annuityRead moreShow less

As the Director of Insurance operations at the Illinois Office of the Special Deputy Receiver, worked on several liquidations involving annuities and life products. In these engagements Mr. Bingham oversaw early access payments to NOLHGA members, reviewed expenses, and collected blocks of reinsurance. As a member of OSD’s executive interfaced directly with NOLHGA committees on large, multi-state receiverships.

Also listed under: Life and annuity liquidations and rehabilitation

On request

Track record and work product.

Challenge history. No court has ever excluded Rick Bingham as an expert, under Daubert, Rule 702, or any state standards.

Available on request. The current curriculum vitae and, for identified assignments, samples of Mr. Bingham’s work product: deposition & trial transcripts, state & federal court reports, and expert disclosures, where the retaining client and any protective order permit.

Expert testimony and track record.

What an insurance expert witness does.

Record of testimony.

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

Facultative reinsurance dispute over asbestos claim cessions

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

TPA suit over a workers compensation deductible recovery: random 52-file audit

Texas ice storms, February 2021: property damage and business income

Contested liquidation proceeding

Other matters

Track record and work product.

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