Areas of Focus 

Testimonials

"Pinnacle has a willingness to provide whatever service is needed be it a conversation, a study or 2-3 hours on the phone patiently answering questions from stakeholders."

— George Deebo, VA Birth-Related Neurological Injury

 

 

Overview  — Litigation Support / Expert Witness

As property/casualty insurance and financial litigation continues to grow in complexity, it is essential that you have independent, credible and expert actuaries who can explain actuarial matters clearly and effectively.

Recognized for our credibility, our actuarial litigation support team has extensive experience supporting insurer in-house legal staff and law firms and their clients for litigation, arbitration, administrative hearings and other contractual disputes.

We are seasoned actuarial litigation experts who can support your efforts to make your case as strong as possible. To help you build a better case, we will successfully sort through challenging issues and finer details to identify key arguments, create resolution scenarios and assess financial damage.

As a finishing touch, we will clearly and accurately communicate our conclusions and opinions in plain language suitable to the intended audience.

Experience the Pinnacle Difference: Timely, dependable and professional responses. Plain language that not only communicates our findings, but that adds value in the process. Understandable reports and presentations that help you navigate the jargon-filled process of the insurance business. And a team of experts who are focused on doing whatever it takes to exceed your expectations, time and time again.
 

Services  — Litigation Support / Expert Witness

Administrative Hearing Support

Pinnacle has a team of litigation support consultants who have testified and helped prepare testimony for dozens of administrative hearings on issues such as loss and expense reserve adequacy, reinsurance recoverables, pricing adequacy and many other areas for insurance companies and regulators. Using our experience and expertise, we are ready to help you, regardless of the challenges you face.

Arbitration

Pinnacle has several consultants who have appeared as expert witnesses at arbitrations. We are also trained to serve as insurance and reinsurance arbitrators.

Benchmarking

Benchmarking is useful in loss reserving and ratemaking assignments from at least two perspectives. First, to the extent a program’s loss development data is not of sufficient size to be fully reliable, benchmarks are needed to supplement the information to make reliable estimates of unpaid claims liabilities. Second, once an analysis is complete, benchmarking your program’s results to others (i.e., competitors, peer companies or industry aggregates) is useful for comparison purposes.

The benchmarks used to supplement your data are only as good as the nature of the underlying data. A benchmark for commercial auto liability, for instance, may not be predictive of an insurance program for tow truck operators as the former is very broad and the latter is a very narrow business class. Likewise, a benchmark loss development pattern based on countrywide data may not be predictive of future loss emergence of a book of business in California. Pinnacle strives to construct benchmarks for any given analysis as close as possible to replicating the nature of the underlying data being reviewed.
 

Continuing Education for Attorneys

Every industry has its terminology or jargon.  Pinnacle provides special interest seminars for attorneys that include loss reserving, ratemaking and valuation to explain key issues and best practices.

Damage Calculations

Pinnacle has experience working with large datasets and creating models to assess damages and develop scenario outcomes.

Deposition Support

Asking the right questions and understanding the answers is key to a successful deposition. Pinnacle consultants are experienced in the often rapid-fire situations presented in depositions.

Diagnostic Tests

Assessing the reasonableness of indicated loss and loss adjustment expense reserves after the analysis is completed is an essential element of the loss reserve analysis. In particular, measures such as loss ratios, changes since the prior evaluation, implied claim frequencies and severities and costs per unit of exposure are a few of the diagnostic tests employed when considering the reasonableness of indicated reserves.

Discounting

Management sometimes wishes to reflect the time value of money in funding projections, accruals for unpaid claims liabilities and other valuations. The two most important parameters for doing so are the assumed interest rate and the underlying claim payment pattern. Assessing reasonable values for these parameters is not trivial as the interest rate may need an adjustment for risk while the claim payment pattern may not be readily available.

Expert Witness

Pinnacle consultants have experience in providing expert witness testimony in federal, state and county courts and before state legislatures. We have also defended insurer and bank business practices in complex class action lawsuits.

Financial Examination Support

Pinnacle provides financial examination support to many state insurance departments. This support is usually peer review or independent loss evaluations and loss adjustment expense reserve liabilities.

Frequency / Severity Analysis

Ultimate losses in a loss reserve exercise may be broken down into two components – ultimate claim counts and ultimate average claim severities. Claim frequencies are affected by changes in coverage or product line mix or geographic diversity, safety culture, loss control efforts and employee education. Average claim severities typically trend upwards but may be influenced by risk management techniques such as managed care, vendor analysis, and attitudes towards early settlements. Pinnacle can help you review your claims experience to determine potential improvement areas to control rising costs.

Higher Confidence Levels

Management often desires to be conservative when setting an accrual for unpaid claims liabilities. Routinely we employ a variety of methods to derive indicated accruals for unpaid claims liabilities at a variety of higher confidence levels to help you assess the potential variability in future loss outcomes. Using evaluation methods to reflect process risk, parameter risk and/or model risk, we can help you find out what you need to know about indicated reserves at specified higher levels of statistical confidence.

Identify, Explain and Assess Issues

Since Pinnacle’s consultants have career backgrounds ranging from large to small insurers, regulatory authorities and statistical organizations, Pinnacle delivers a complete perspective to each assignment. Pinnacle’s commitment to the actuarial profession is demonstrated by committee work and leadership positions for actuarial organizations, which keeps us on the cutting edge of professional developments.

Roll Forward Projections

The timely reporting requirements of financial results sometimes leads to a mismatch between the evaluation date of the data and the date shown on the financial statement. Projections of claim activity in the next few months are often requested to accommodate such time constraints. The roll forward projection of future expected loss and loss expense reserves is calculated based on interpolated loss and loss expense payment and reporting patterns. The assumption inherent in this approach is that actual claim activity in the roll forward period will not be materially different than projected.

Witness Preparation

Pinnacle provides “been-there-done-that” perspective that is helpful in preparing witnesses for the unfamiliar and frequently stressful litigation landscape.

Expertise  — Litigation Support / Expert Witness

When you partner with Pinnacle, you work with a team of experienced consultants who know the unique requirements of your specific industry. That expertise not only provides insight to a reasonable range of likely outcomes, but also gives you valuable intelligence from benchmarking with similar market segments. We can serve in all US jurisdictions. Our clients include: insurers, banks, self-insured companies, captives and state insurance departments.

Pinnacle’s litigation/arbitration experience and expertise includes:

  • Identifying adverse loss reserve development drivers for insolvent insurers and reinsurers
  • Defending insurer and bank rating business practices in class action lawsuits
  • Testifying in administrative rate hearings for many jurisdictions including California, Florida and Texas
  • Presenting testimony before legislative bodies and special panels
  • Assessing coverage issues, including extensive modeling of products liability damages under claims-made policies
  • Examining adherence to rating rules and practices for commercial and personal lines policies
  • Analyzing the impact of proposed legislation
  • Reviewing multi-year finite reinsurance agreements, including renewal conditions and additional premium features
  • Evaluating agency compensation disputes
  • Providing continuing education to actuaries and attorneys in property/casualty insurance practices
  • Preparing expert reports for submission in federal, state and county courts
     

Products  — Litigation Support / Expert Witness

Pinnacle offers a number of industry-leading products that complement our customized actuarial solutions. Visit our Products section to see how they can help you analyze risks and implement superior business solutions.

People  — Litigation Support / Expert Witness

Photo LeRoy Boison FCAS, MAAA Principal and Consulting Actuary



Biography
Office Phone: 516-746-7149
lboison@pinnacleactuaries.com
Photo Mary Jo Godbold ACAS, MAAA Consulting Actuary



Biography
Office Phone: 770-587-0351
mgodbold@pinnacleactuaries.com
Photo N. Terry Godbold ACAS, MAAA, FCA Principal and Consulting Actuary



Biography
Office Phone: 770-587-0351
tgodbold@pinnacleactuaries.com
Photo Steven G. Lehmann FCAS, FSA, FCIA, MAAA Consulting Actuary



Biography
Office Phone: 309-807-2302
slehmann@pinnacleactuaries.com
Photo Robert J. Walling, III FCAS, MAAA Principal and Consulting Actuary



Biography
Office Phone: 309-807-2320
rwalling@pinnacleactuaries.com

Case Studies  — Litigation Support / Expert Witness

Administrative Rate Hearings

Pinnacle has developed an excellent working knowledge of state rate regulatory requirements and in challenging states such as California, Florida and Texas.

In California, Pinnacle has provided expert witness testimony in support of insurer rate requests on numerous occasions, covering issues such as the treatment of reinsurance costs in catastrophe ratemaking, auto classification plans and appropriate trends for auto insurance.

In Florida, Pinnacle consultants have assisted insurers with homeowner rate filings before the Office of Insurance Regulation addressing such issues as territorial ratemaking, catastrophe loads and appropriate trend selections.

In Texas, Pinnacle provided expert witness testimony to the Insurance Commissioner as part of the 2003 rate regulatory reforms. Since then, Pinnacle has assisted insurers with contested personal lines rate requests.

Asbestos Liabilities

In 2009, Pinnacle provided expert testimony about the evolution of insurance industry asbestos liabilities in an arbitration hearing among several insurance companies and a pool manager. This assignment drew on our knowledge of the history of insurance industry asbestos liabilities, e.g., the evolution of the legal aspects surrounding coverage determinations, the interplay of primary, excess and reinsurance contracts, the history of failed attempts to control the problem and the impact of bankruptcies among other factors. The assignment also drew on our mass tort / latent liability reserving expertise.

Baltimore Territory Issues

In 2006, Pinnacle was retained by a group of several automobile insurance companies representing a significant share of the Maryland automobile insurance market to conduct an independent actuarial analysis of the Abell Foundation report, Actuarial Discrimination: City Residents Pay Up To 198% More For Car Insurance Than County Residents (Abell report). This report discusses many factors which contribute to higher automobile insurance rates in urban areas than rural areas with particular emphasis on Baltimore and attempts to quantify the magnitude of this as noted by the title of his report.

Comparative / Contributory Negligence

In 2009, we were retained by a lawyers’ association to evaluate the historical impact of contributory negligence and comparative negligence tort systems on personal automobile insurance.

Contractor's Liability

Pinnacle was asked to provide a legislative costing analysis and expert testimony regarding proposed legislation that would substantially expand coverage for construction defects in Oregon. Pinnacle’s study and testimony focused not only on the current conditions of the contractors’ liability insurance market compared to other states, but also the historical changes seen when other states made similar changes. Our analysis also focused on the relationship between home warranties and commercial general liability insurance policies and how these risk mitigation techniques differ over time after a home is completed.

Legislative / Regulatory Impacts

A state medical society asked Pinnacle to evaluate the impact of a change in the state’s damage caps for non-economic damages for medical professional liability. Pinnacle worked with the medical society to identify the most appropriate claims databases to assess the legislation’s potential impact. Our detailed analysis not only considered data from that state, but several others to stress test the results and provide a range of reasonable outcomes. In addition, we performed a thorough analysis of how the state compared to other states in terms of the availability and affordability of medical professional liability insurance coverage, insurer operating results for the line, and access to healthcare in the states. Through this industry analysis, we identified differences well beyond a simple loss limitation and provide a more complete review of potential environmental changes that could be expected in the state.

Medical Malpractice Damage Caps

A state insurance regulator asked Pinnacle to determine the potential impact of several proposed tort reforms, including a change to non-economic damage caps for medical professional liability claims. Pinnacle worked with medical society to identify the most appropriate claims databases for assessing the potential legislative change. Our detailed analysis not only considered data from that state, but several others to stress test the results and provide a range of reasonable outcomes. In many cases, the specific reform’s effect, for example “I’m Sorry” legislation, was very difficult to isolate. Through this industry analysis, we identified differences well beyond a simple loss limitation to provide a more complete review of potential environmental changes that could be expected in the state.

This comprehensive analysis helped our client identify the effect of various legislative options, which empowered them to be a strong voice in the legislative debate and to influence policymaking in the state.

Workers' Compensation

Pinnacle was retained by a major national political organization to investigate the impact of several workers compensation reforms including: implementation of mandatory managed care, privatization of state workers compensation insurance funds and the permitting of private insurers to enter previously monopolistic workers compensation states. Our analysis looked at state-level differences in rate levels, insurer experience, coverage competition, the mix of medical and indemnity claims and numerous other metrics. The study was extremely well received and ultimately presented to more than half of the nation’s governors.

Publications  — Litigation Support / Expert Witness