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.