Areas of Practice — Plux PLC

Areas of Practice

Insurance Claims Support

For over 34 years, I have assisted insureds with various first party claims, including property/casualty, cyber, product liability/product recall, builder’s risk, political risk and other matters. I specialize in preparing time element damages calculations for the purpose of presenting to insurance companies and works closely with clients and their brokers to perfect the measure. Insurance claims are an iterative process with both preparation as well as negotiation with insurance carriers, as there are always multiple ways to potentially estimate damages and apply insurance coverage.

Insurable Values

Insureds are frequently asked to submit insurable values estimates to insurance companies for the purpose of securing coverage. They will often receive a worksheet or a form to fill out that will ask for an annual value along with historical financial results. While this process is relatively normal for Insurers to calculate their own maximum probable loss (MPL) or maximum forseeable loss (MFL) calculations for the purpose of determining premiums, it is possible that it may not reflect the risk of the Insured. There are important coverage and limits considerations that are often not considered that can be further explored with risk management/corporate finance as well as their brokers to provide further assurances that coverage will meet the needs of an Insured in the event of a catastrophic loss event.

Alternative Dispute Resolution

Prior to going into potentially expensive litigation, it’s often possible to resolve disputes through mediation, arbitration, or appraisal. While there are often provisions in insurance policies that even require this process, it also applies to traditional commercial litigation. A third party, such as this firm would function as an intermediary and look at both sides of a dispute and information provided. In some cases, it can be binding where the intermediary is effectively deciding the result. In others, it can simply be a recommendation of how damages would be determined based on advice from both prosecuting and defense attorneys on interpretation of law. The focus of my firm would be solely on determination of potential damages.

Litigation Support / Expert Reports

When parties cannot come to resolution through negotiation or alternative dispute resolution methods, they may invariably come to the point of litigation. Whether related to an insurance matter or corporate tort malfeasance, it may require a damages expert. The role of the damages expert is to write a report, with supporting documentation, laying out their measurement of loss based on either the Federal Rules of Evidence, or state laws. These reports require specific structures and require independence. In the event that any party has already hired another expert and a matter goes to litigation, it is often advised attaining a third party to provide their own measurement of damages for the purpose of litigation.

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