The issues involved in most bad-faith cases tend to be fairly complex. This is not completely surprising in a circumstance where there must be a strong disagreement between the two sides as to some insurance issue before there will be any action. Apart from potential concerns that a jury may weigh expert opinions too heavily, there is little denying that expert testimony may serve the cause of both sides to a bad-faith action. This article examines the challenges experts face in bad faith lawsuits.
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By Thomas F. Segalla and Joseph M. Hanna