On January 10, 2017, Matthew Pappalardo, former director of HiRise Engineering of Uniondale, New York, pled guilty to the unauthorized practice of engineering as a result of fraudulently changed engineering reports for Superstorm Sandy flood victims.
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Expert Reports
Did State Farm Buy Its Way Out of a Billion Dollar Judgment?
State Farm Mutual Automobile Insurance Company is the parent of the State Farm family of companies. It is listed as the 35th largest company in the Fortune 500. Big companies sometimes have big problems. State Farm had a one billion dollar judgement problem that now may be a seven billion dollar problem.
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FEMA Issues Bulletin on Use of Experts by WYO Carriers
As we enter a new year, FEMA has issued WYO Bulletin W-16091, “Guidance on the Use of Expert Services.”
The purpose of the memorandum is “to ensure transparent and consistent claims handling for all policyholders” and to provide “guidance on the use of services provided by subject-matter experts as part of specific claims investigations.”…
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The ‘Arguable Basis’ Standard for Expert Testimony
Insurance companies often hire experts to assist with claims. If the experts are wrong, is that bad faith?…
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Court Excludes Causation Expert Who Did Not Personally Inspect Property
In most first-party property insurance disputes, experts are frequently required to provide opinions and testimony on the cost to repair a property. An insurance company will often seek to exclude an insured’s expert on the basis that the opinions are not reliable because the expert did not personally inspect the property.…
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Why The Tom Brady Decision is Similar to Insurance Altered Engineering and Damage Reports
The Tom Brady legal victory is being criticized, lauded, and talked about by millions in our fanatical football country. Unlike the vast majority of fans—and being a nerdy insurance lawyer—I read the report. While doing so, I was struck about the similarity between the court’s reasoning into the unfairness of Brady’s proceedings and altered insurance engineering and estimate reports.…
The Mother’s Day Storm of Insurance Claim Denials
Hope every mom had a wonderful Mother’s Day. I was at the Tampa Club yesterday with my mother, Alice Merlin.
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Unethical Claims Cultures Promote Outcome Oriented Expert Reports
Nicole Vinson‘s post State Farm Sued for Fraud for Katrina: More Altered Engineering Reports Alleged, a recent filing by my co-liaison counsel Steve Mostyn, and one by Javier Delgado, prompted me to write about how groups of people with power can dictate an unethical claims culture biased and driven to pre-determined outcomes. I strongly encourage those involved with this area of claims to read each of the linked materials.…
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State Farm Sued for Fraud for Katrina: More Altered Engineering Reports Alleged
Superstorm Sandy litigation revealed altered engineering reports concerning damage to homes ravaged by the storm, and now allegations of altered engineering reports are surfacing.…
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Former Flood Attorney in Hot Water
Gerald Neilson was National Flood’s "go to" lawyer for as long as I can remember. While I personally have gotten along with him, his never bending stance towards settlement and reliance on the most conservative aspects of the National Flood Insurance Act have made him the enemy of many of my colleagues. His firm’s stance regarding discovery was maddening. A filing by an ethics law professor shows that Gerald and his law firm may be in deep and serious hot water regarding altered engineering and adjuster reports.…