Litigation Support

The members of the MBA Actuaries have over 60 years experience with various types of litigation support, including:
• Product Damage and Liability Calculations
• Environmental Damage Calculations and Liability Allocations
• Arbitration and Mediation
• Expert Reports and Testimony
• Life Income Value / Equitable Distributions

Our effectiveness is due to the fact that we speak from current experience while maintaining a historical perspective. We have served a wide variety of clients including:
• US, state and local government
• Insurance companies and reinsurers
• Organizations and associations
• Insurance service providers
• Actuaries, Engineers, Accountants, Judiciary and other professionals

The services we provide depend on the needs of the client. We believe that a case in which our client is satisfied but never reaches court is a success; we devote our attention to assisting counsel in preparing the case and not to pushing the case to court. Typical engagements may include:
• Analyzing and summarizing the history of legislation
• Reviewing and preparing presentations concerning damages and liabilities
• Analyzing and/or preparing financial projections and present values
• Analyzing and preparing for presentation the development of premium rates
• Assisting counsel in preparation of case logic and critiquing same

We recognize the need to consider changes in our environment, particularly in regulation, and impact of these changes on liability calculations. Historical perspective and an understanding of emerging trends are helpful in this regard.

A few of our engagements have included:

• Authored an expert report projecting total loses and effect of reinsurance layering for a product liability case on behalf of an insurer for use in settlement and establishing reserves

• Analysis of policy reserves and court testimony on behalf of a regulator for a case involving a troubled insurance company resulting in a rehabilitation order.

• Served as a neutral party and technical expert as part of a mediation team in a malpractice case involving a large actuarial consulting firm and their insurance company client.

• United States vs. an individual on behalf of the United States which involved a broad range of testimony concerning the company, the company’s activities and those of the individual which resulted in a guilty verdict on federal charges.

• Working with a civil engineering firm, wrote an expert report analyzing losses and estimating long tail liabilities on a defective siding product on behalf of the insurer.

• Provided the actuarial groundwork for settling a dispute over the payment of contingent commissions based on different interpretations of a contract clause.