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Insurance

Denied claims and policy dispute interpretation disputes call into question an insurer's decision-making under a jury's often skeptical microscope. Leading firms and corporations rely on IMS for insurance-related litigation, including bad faith claims, coverage disputes, intellectual property, and regulatory matters, across property, casualty, life, and specialty lines.

Simplify complex insurance claims into a story that wins trust.

Lay juries asked to measure the fairness in insurance disputes require clear explanations of cases whose evidence often includes dense policy language, actuarial tables, and claims files. A complicating factor for litigators is the bias jurors may have against insurance companies before any evidence is presented. The strategic goal is often to get to the underlying coverage and claims-handling analysis right, then translate it into a narrative that holds up against skepticism.

Common disputes in this space include:

  • Policy interpretation disputes
  • Bad faith claims
  • Coverage and recovery litigation
  • Claims processing disputes
  • Regulatory and compliance matters
  • Fraud investigations

IMS brings decades of experience supporting Am Law 100 firms in matters like these, in litigation, mediation, and arbitration across federal and state courts. Our expert witness and litigation consulting teams provide integrated support to help clients organize policy and claims detail into a cohesive case that a judge, jury, or arbitration panel can readily absorb. Read more below.

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From Early Case Assessment Through Trial and Appeal: Our Role in Insurance Litigation

We support clients throughout the life cycle of insurance disputes, our litigation consultants shape a case narrative through strategy and theme development and measure perception through mock juries and focus groups through jury research, while our trial graphics team configures policy documents into easy-to-follow visuals. Our expert witness search team engages qualified experts in actuarial science, forensic accounting, risk assessment, and underwriting, giving legal teams access to a curated network of in-house and independent specialists. Where there are disputes related to branding and intellectual property, our consumer science team conducts reliable, court-ready research to measure consumer perception.

Featured Case Study: Reliable Fame and Awareness Surveys Reinforce Trademark Dilution

Blue Cross Blue Shield Association sued Sisters of Charity of Leavenworth for infringing and diluting its federally protected Blue Cross marks. Our survey experts designed a national consumer perception survey, testing the Blue Cross word mark and two design marks against control names/logos to measure fame, awareness, and brand association. The survey found strong recognition and association with BCBSA, and the US District Court accepted the findings as reliable evidence supporting the fame and distinctiveness needed for the trademark dilution claims.

Read the Case Study

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IMS Insurance Expertise in Action

Our litigation consulting and expert witness teams bring decades of experience in more than 70,000 cases spanning all industries, including high-stakes insurance matters involving bad faith claims, coverage disputes, and regulatory proceedings.

Case Study: Canadian Natural Resources Ltd. v. Oil Insurance Ltd.

Canadian Natural Resources Ltd. v. Oil Insurance Ltd. involved a dispute over a failed underwater brace on a North Sea oil rig, where CNR needed to prove the crack originated in a weld, making it a manufacturing defect covered by insurance. IMS | Z-Axis built an interactive 3D animated model of the platform and brace, paired with a photo timeline documenting the crack's progression, to help arbitrators grasp the structure's scale and the defect's origin. The London arbitration settled in the client's favor.

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Case Study: Impact Injury: Finding a Radiology Medical Expert

An insurance carrier client needed a board-certified neuroradiologist with prior testimony experience to evaluate a plaintiff's claimed spinal injury from a motor vehicle accident, as part of a pre-suit demand. IMS's expert witness team identified two qualified candidates from its network within hours, and the client selected a neuroradiologist with over 10 years of clinical practice who quickly reviewed the imaging reports. The case settled successfully before reaching trial.

Read the Case Study

Insurance Industry Capabilities

  • Expert Advisory & Analysis

    • Economics & Finance: Quantify damages, lost profits, and reasonable settlement ranges to inform case strategy heading into trial or settlement negotiations  
    • Litigation Surveys & Rebuttals: Conduct consumer and market research where brand, advertising, or claims-handling perception issues are part of an insurance matter, along with rebuttal analysis of an opposing party's survey or damages methodology  
    • Statistics, Sampling & Econometrics: Conduct statistical and sampling research related to a damages or class certification position in insurance-related class actions 

  • Expert Witness Search

    • Custom Expert Witness Search: Locate niche subject-matter experts in actuarial science, underwriting, risk assessment, and claims handling for litigation and arbitration proceedings 
    • Technical Expert Witness Search: Source forensic accounting, engineering, and data security experts for coverage, fraud, and cybersecurity-related insurance matters 
    • Medical Expert Witness Search: Identify medical experts for the personal injury or disability component of an insurance claim dispute

    • Litigation Consulting

      • Medical Legal Experts

        Of the several expert search firms I contacted for this search, there is no comparison as to the quality of service and results I received from IMS. They did excellent work.

        Associate, Am Law 100 Firm

        IMS helps me see things the way the jury will, which makes a critical difference when preparing for trial. I make sure to hire them before the case is even indicted.

        Chairman, Am Law 50 Firm

        FAQs

        Policy interpretation disputes, bad faith claims, coverage and recovery litigation, claims processing disputes, regulatory and compliance matters, and fraud investigations are frequently litigated across the insurance industry.

        IMS can be engaged at nearly any stage, however, before discovery closes, or a trial date is set, is most beneficial. Early engagement allows time for expert witness search and vetting, strategy and theme development, and the design of trial graphics or interactive timelines that can be refined and tested well before trial.

        IMS's expert witness search teams source and vet experts specifically for actuarial science, forensic accounting, risk assessment, and underwriting matters. Experts are matched for subject-matter expertise and ability to present credibly to a judge, jury, or arbitrator.

        IMS supports individual bad faith and coverage disputes as well as regulatory and consumer class actions, providing the statistical, survey, and damages expertise these matters require.

        Jury research and mock trials, strategy and theme development, and trial graphics are used throughout insurance case preparation, adapted to the policy and claims-handling demands of the industry.

        Blue textured angles.

        We bring a unique perspective based on decades of practical experience in 70,000+ cases spanning all industries.

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