Bad faith claims: the role of the expert

Expert witnesses are everywhere these days, and not the least in bad faith cases, where they are valuable for both sides. The US Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals Inc. (1993) ushered in new and heightened awareness of the need to scrutinize expert testimony when offered to support claims in many kinds of litigation. Although still uncertain and developing, the influence of Daubert may be felt in cases of insurance bad faith. Some of the issues present when expert testimony is offered in bad faith include: 1. Is expert testimony required in order to prove a claim for bad faith? 2. When expert testimony is offered in bad faith litigation, what measures are available either to promote or defeat its use? 3. On what subjects is expert testimony appropriate in claims of insurer bad faith and how can it be used?