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What They're Saying..... "The law regarding expert witness liability has taken a serious turn, unfortunate for those professionals who regularly consult with attorneys, and testify at trial. Traditionally, expert witnesses were immune from suit pursuant to Civil Code section 47b which provides for litigation immunity. However, the seminal California case of Mattco Forge vs Arthur Young has changed this blanket immunity for expert witnesses. The Mattco court held that an expert witness could be sued by the lawyer who hired him when the expert made serious mistakes which resulted in the dismissal of his principal's case. This case exemplifies the trend towards allowing negligence actions brought by clients against their appointed experts.
As an attorney who uses expert witnesses in a majority of our cases, I am mindful of this trend. Experts who have E&O Insurance are preferred. such protection is a real selling point in selecting an expert, and is critical to adequately protect my clients Expert Witness E&O Coverage will quickly become the standard of this industry. "
Kristi Dean, Esq. Business Consultant Insurance
This coverage is available as a separate policy or
in conjunction with an expert witness policy.
Frank A. Crowl Company, Inc. |
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