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The three factors that courts consider are: (1) qualifications, (2) reliability, and (3) fit. With regard to qualifications, an expert must be qualified by “specialized expertise,” which is liberally interpreted to include “a broad range of knowledge, skills, and training.” In addition to these three factors, courts also consider whether the expert is trying to opine on the ultimate legal conclusion.

The question of expert qualification in the context of claims handling and bad faith experts is largely based on the type and length of the expert’s experience. While the experience need not be of the same type in every case, the expert’s experience must adequately inform his or her understanding of the industry’s customs and practices

When proffering bad faith experts in property insurance litigation, practitioners must be careful to select experts who are qualified and able to testify generally about the customs and practices of insurance companies in reaching coverage decisions or amount of loss. The expert must also be able to testify about the ways in which the insurance company in this particular action fell short of or complied with industry custom and/or practice.


Ted Colquett has practiced insurance and personal injury law exclusively for his entire legal career. Having handled thousands of insurance disputes involving accidents and personal injuries, catastrophic property damage claims, and bad faith denials of coverage, he is uniquely positioned to meet Daubert requirements in providing expert guidance, opinion, and testimony.


THE CLM, A MEMBER OF THE INSTITUTES, 2009-2020 Founder and National Chair, Extra-Contractual Claims Committee Founder and National Chair, Annual New York Conference Founder and National Dean, School of Extra-Contractual Claims Instructor, National Claims College, School of Property Claims Instructor, National Claims College, School of Professional Lines Instructor, National Claims College, School of Casualty Claims Speaker, CLM National Annual Conferences Speaker, CLM National Committee Claims Conferences Speaker, CLM Extra-Contractual Claims Webinars Speaker, CLM Live Standards Training


The CLM, a Member of the Institutes ACI National Symposium on Bad Faith Litigation, Miami ACI National Symposium on Bad Faith Litigation, Orlando ACI National Symposium on Controlling Litigation Costs, NYC ABA Tort & Insurance Section Annual Conference CEU Institute Programs CLM Webinar: Institutional Bad Faith CLM Webinar: Issues in COVID-19 Insurance Claims Society of Claim Law Associates Annual Conference Windstorm Insurance Network Annual Conference Claims Magazine Annual ACE Conference National Business Institute Seminars University of Alabama Law School CLE


Alabama Uninsured/Underinsured Motorist Law Avoiding Bad Faith: The Insured in the Claims Process Medical Fraud and Abuse for the Claims Professional Comprehensive Alabama Law Summary Bad Faith and UM/UIM Insurance Ethics in Settling Personal Injury Claims The Soft Tissue Injury Case: Defense Strategies Changes in Liability Limits/Mandatory Coverage Uninsured/Underinsured Motorist Coverage Issues Cooperation in Non-Standard Insurance Relationships Strategies in Commercial Motor Vehicle Litigation Building Damage Issues in Windstorm Events Engineering Firms and Outcome-Oriented Reports Bad Faith and the Expert: Disarming the Bomb

Industry Designations

CCP - Certified Claims Professional in Extra-Contractual Claims ACP - Advanced Claims Professional CLMP - Certified Litigation Management Professional