Insurance brokers and claims professionals are often reminded to document their files: "If it's not in writing, it didn't happen."
File notes, memos, emails and correspondence take on special importance in litigation, but even before trial those documents are likely to be carefully reviewed by an unexpected reader: an expert witness.
Insurance professionals' work is reviewed in the clarity of 20/20 hindsight during bad faith and agent/broker E&O litigation. It's likely that the defense and plaintiffs' attorneys will have the case reviewed by an expert to determine what standards and expectations the professionals were required to meet, and whether they did so.
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