Ms. Smith is the former General Counsel of CIGNA's Northwest Division now providing expert witness testimony, legal audit and claims consulting to a wide variety of clients. Ms. Smith maintains an active practice as the owner of Specialty Claims Consultants, an adjusting firm licensed with the California Department of Insurance. Ms. Smith is a thorough and successful advocate as both an expert witness and as a legal auditor. She currently provides claims review and audit services to a wide variety of national clients including services for both insurers and insureds. She has been retained on cases involving bad faith and coverage issues on all types of primary, excess and reinsurance matters. Ms. Smith assesses the strengths and weaknesses of every case in a fair and meticulous manner to assure her findings are always fact based, honest and detailed in every respect.
Ms. Smith has experience in insurance coverage and contract issues on literally every type of general liability claim including construction defect, reinsurance and excess cases, commercial property cases. automobile UM/UIM and claims involving significant indemnity and additional insured issues. Ms. Smith also has extensive experience in legal audit and litigation management and is currently providing legal audit services to numerous clients. With her experience managing a multi-million dollar legal budget for CIGNA Insurance, Ms. Smith is uniquely positioned to offer solid and effective litigation management and fee audit services.
Prior to her legal work with CIGNA, Ms. Smith worked as an adjuster, team leader, litigation specialist and as a unit manager handling all types of general liability, property and automobile claims. Ms. Smith has also worked as an associate with the law firm of Bolling, Walter & Gawthrop specializing in bad faith defense as well as general liability and construction defect cases. She received her Juris Doctorate with Great Distinction from McGeorge School Of Law. Ms. Smith has been published in various ABA journals on topics ranging from Mediation of Construction Disputes; to Managing Cumis Counsel. Ms. Smith is a recipient of the prestigious Order of the Coif award, the Traynor Honor Society and American Jurisprudence Award. She is a CPCU candidate and a member of ARIAS US the controlling reinsurance arbitration organization. She is admitted to practice in all California State and Federal courts.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Admitted to practice as an attorney in California. Licensed as an independent adjuster.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: ARIAS-US Reinsurance Arbitration
CPCU
California Insurance Department
Attorney Licensed in California
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Mediation of Construction Disputes; Managing Cumis Counsel; Coverage Iisues in Major Catastrophes, Care And Feeding Of Your Expert Witness
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: 40 to 50 for expert witness issues involving insurance and bad faith and well over 100 for legal audit. I have been certified as an expert in trial and have been deposed numerous times.
Q: For what area(s) of expertise have you been retained as an expert?
A: 1. Good Faith Claims Handling Standards
2. California Claims Handling Regulations
3. First Party Claims Handling and Examinations Under Oath
4. General Liability Claims Practices
5. Legal Audit--Review of Fees For Reasonableness
6. Cumis Issues -- Independent Counsel
7. Fee Arbitrations
Q: In what percentage of your cases were you retained by the plaintiff?
A: About 50%
Retention by plaintiffs, insureds and insurers is about 50/50. I have not been exclusively retained by either insurers or insureds.
Q: In what percentage of your cases were you retained by the defendant?
A: About 50%
Q: On how many occasions have you had your deposition taken?
A: About 25
Q: When was the last time you had your deposition taken?
A: July 2008
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Twice
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Twice as an expert witness-10 or more as corporate counsel
Q: For how many years have you worked with the legal industry as an expert?
A: 10
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: 1. Good Faith Claims Handling Standards
2. California Claims Handling Regulations
3. First Party Claims Handling and Examinations Under Oath
4. General Liability Claims Practices
5. Legal Audit -- Review of Fees For Reasonableness
6. Cumis Issues -- Fee Arbitrations Under California Civil Code ß2860
7. Excess and Reinsurance Claims Review
Q: What is your hourly rate to consult with an attorney?
A: $300 - $350
Q: What is your hourly rate to review documents?
A: $300
Q: What is your hourly rate to provide deposition testimony?
A: $350
Q: What is your hourly rate to provide testimony at trial?
A: $350
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Expenses are charged at cost if incurred
References
Brandt WolkinWolkin & Timpane
555 Montgomery St #1100
San Francisco, CA 94111
(415)982-9390
Norman J. Roger
Roger Scott & Helmer LLP
1001 Marshall St #400
Redwood City, CA 94063-2000
(650)365-7700
