NAVIGATING THE HAZE OF MARIJUANA COVERAGE
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November
2017
Volume 65 . Number 11
PropertyCasualty360.com
NAVIGATING THE
HAZE OF MARIJUANA
COVERAGE
P. 24
CHOOSING
WEATHER EXPERTS
P. 28
SUBROGATING
PROPERTY CLAIMS
P. 33
THE ECONOMIC
LOSS DOCTRINE
P. 39
PROPERTY CLAIMS
CHALLENGES
P. 44
Reprinted with permission
from the November 2017
issue of Claims magazine
Determining
“Weather” or not an
Expert is Qualified
By Howard Altschule
T
here are a wide variety of experts what the largest hail size was that fell at other weather information at a specific
available to assist in almost any the property, how strong the winds were loss location are becoming more com-
type of loss these days. Follow- during a hurricane or windstorm, what mon, and successful challenges could be
ing multiple severe weather storm surge heights existed, and other im- detrimental to the outcome of a case.
events like the recent hurricanes, major portant weather information. With severe
hailstorms or severe thunderstorms, ad- hailstorms and hurricanes becoming more Qualifying your experts
justers, attorneys and some engineers numerous, it is even more important to Many carriers and law firms rely on pro-
are finding value in retaining a Certi- get accurate and site-specific weather in- fessionals who are not meteorologists
shutterstock.com/SFIO CRACHO
fied Consulting Meteorologist (CCM) to formation from reliable experts. and simply use basic NOAA informa-
provide expertise after a weather-related Daubert challenges and other legal tion, sometimes from quite far away, to
claim is filed. proceedings intended to preclude some support their opinions in their reports.
Common meteorological analyses over experts from testifying about hail size, With hundreds of thousands of claims,
a specific loss address can determine hurricane wind speeds, tornadoes and and hundreds of billions of dollars at
28 | November 2017 | Claims Magazine | PropertyCasualty360.com
Here are several important factors that
should be considered:
1. Retain a certified consulting me-
teorologist (CCM): CCMs have the
highest certification a consulting meteo-
rologist can obtain. They are experienced,
underwent rigorous written and verbal
examinations, and are highly regarded by
their peers.
2. Education, experience and knowl-
edge: Ensure that the CCMs used have
worked on similar cases in the past. They
should at least have a Bachelor of Science
degree in Meteorology/Atmospheric Sci-
ence. Non-meteorologists should not be
giving opinions about the weather condi-
tions that existed at specific loss locations.
3. Expert testimony: Make sure the
expert retained is willing to testify, and it
is helpful if he or she has significant testi-
mony experience.
4. Your expert should work for
both sides: An expert should be willing
to work for anybody who wants to know
about weather conditions, and their case-
load should be pretty evenly split between
cases for plaintiffs and defendants. If an
expert only works for plaintiffs or only for
defendants, that’s a problem.
Hurricane claims and lawsuits
Hurricanes Harvey, Irma, Jose and Maria
occurred weeks apart, each with a unique
set of circumstances that have already
caused tremendous debate within the
insurance claims industry. Since many
of the claims are valued at hundreds of
thousands or millions of dollars of dam-
stake from multiple severe hail events or compile a more reliable report. This way, age each, it is important to investigate
Hurricanes Harvey, Irma and Maria, it’s if a case proceeds to trial, the experts each loss thoroughly.
more important than ever to have accu- will be able to provide certified weather Hurricane Harvey caused many places
rate weather information from a quali- records and testify about their findings to experience damaging hurricane force
fied expert. in a deposition or at trial. winds and storm surge, while others ex-
Some carriers and attorneys are now So, how do you choose the right ex- perienced tropical storm-force gusts, ex-
using qualified meteorologists to pro- pert for your hurricane or hail claims? treme rainfall and devastating flooding.
vide more reliable weather information First, it’s imperative that each expert stay Damage claims from gusty winds, wind-
and reports. When these analyses and “within their box.” The last thing an attor- driven rain and tornadoes have also been
reports are completed for a specific ad- ney wants is a judge precluding an expert pouring into insurers.
dress, they are often provided to engi- from testifying about hail size or wind There have been many tornado dam-
neers involved in the case who do cal- speeds on a large loss claim because it’s age claims as a result of the numerous
culations based on the findings and to beyond his scope of expertise. tornadic rotations that moved through
PropertyCasualty360.com | Claims Magazine | November 2017 | 29
An insurance claim was filed stating
that golf ball-sized hail caused func-
tional damage to a roofing system of a
condominium complex. A NOAA hail
report from three miles away was submit-
ted as evidence of the storm. Numerous
Doppler radar images and other official
records were analyzed, which indicated
the hail-producing thunderstorm stayed
2.0 miles south of the condominium de-
velopment, and that no hail occurred on
that date.
With the claim denied citing the fo-
rensic meteorology report and no ev-
idence of hail damage on the roofing
system, the carrier saved millions of dol-
lars on that claim alone. Had the carrier
also relied on that NOAA report from
2.0 miles away, the outcome would have
been very different.
Experience matters
It’s imperative that each expert stay Too often, experts who are not meteo-
“within their box.” rologists write reports that only include
very basic NOAA storm reports as evi-
dence. Many of these expert reports tend
to be misleading, or they overlook more
the Houston Metro area. After a CCM tion is important to most claims. Because detailed and site-specific weather infor-
plots the incident location on the ra- hail size can vary from one location to mation that can lead to different results.
dar products, a detailed analysis of the another over short distances, a CCM can The meteorological findings and basis of
Doppler radar reflectivity and velocity conduct a thorough, site-specific analysis the experts’ opinions could then become
radar images should be conducted for for each large loss hail claim. By provid- problematic as the case progresses, es-
each case to determine if strong rotation ing details of the hail size at the specific pecially if an expert meteorologist is re-
or a tornado passed over a loss location. location and when previous hail events tained by the other side.
Using this information and other types occurred, adjusters and attorneys can When selecting the right experts for
of data, the maximum wind gusts, peak make informed decisions on how to pro- claims or litigation, be sure to consider
storm surge heights, presence of a tor- ceed with each case. the qualifications of the expert, the value
nado and the total rainfall can be deter- Industry-accepted methodology for a CCM can bring to a case, and the con-
mined for any location. investigating hail claims includes analy- sequences if non-meteorologist experts
Even though a lot of the wind measur- sis of weather warnings, storm reports, are unable to testify about weather condi-
ing equipment in south Florida and the Doppler radar images, differential reflec- tions at the incident location.
Florida Keys failed or was knocked off- tivity, correlation coefficient, as well as
line during Hurricanes Irma and Maria, 3-dimensional volume scans or cross sec- Howard Altschule (HGA@
we have many different tools and high tions. When conducting a radar analysis WeatherConsultants.com) is a certified
resolution data sources to help us provide over an incident location, for example, if consulting meteorologist and the owner
site-specific information for any location. the various radar images do not indicate of Forensic Weather Consultants in New
shutterstock.com/SFIO CRACHO
hail, or if 50 Dbz reflectivity values [a log- York. He has consulted on nearly 5,000
Hail claims and lawsuits arithmic measurement used in weather] cases across the country and works as
Hail damage in the U.S. is a huge multi- are not present above certain levels of the an expert on slip and fall cases as well as
billion dollar peril each year. Knowing if atmosphere over an incident location, numerous hail, tornado, wind damage
and when hail occurred at a specific loca- then hail was not present. and hurricane claims.
30 | November 2017 | Claims Magazine | PropertyCasualty360.comYou can also read
