Wildfire cases are unique and have many evidentiary issues. Public adjusters have been making claims for damage by fire, heat, and especially smoke. State Farm and its able trial counsel successfully appear to be fighting back in Falcon v State Farm Lloyds.1

This blog will be in several parts as we break down each section. But, I suggest that the following be considered when hiring experts regarding wildfire claims:

  1. Many people do no collect evidence correctly.
  2. Firms that hold themselves out as "experts" sometimes have little individual experience and will not be considered "experts."
  3. Vetting experts is extraordinarily important.
  4. Experts can be prevented from testifying if others that the expert relies upon work improperly.
  5. Smoke claims are tougher than fire and heat claims.
  6. Insurance companies can and will fight to the bitter end if they think they are being played with junk science.

The blog post is short because the decision is long. It involves a number of very recognizable names and friends of mine in the Texas adjusting community. Read it and we will provide more material tomorrow for study.

1 Falcon v State Farm Lloyds, No. 1:12-CV-491, 2014 WL 2711849 (W.D. Tex. June 16, 2014).