ASA Connect

I've been asked to serve as a statistical expert witness on a case, and the attorney's contract for me (not yet signed, so still negotiable) says I will have insurance as typically maintained by independent contractors in my field, including "comprehensive general liability insurance", "professional malpractice insurance", and "worker's compensation insurance" for myself.  As a university faculty member, I have worker's comp in my full-time employment, but this sounds different and is a side project.  Does anyone have experience with such insurance (or contracts) as an expert witness?

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John Stevens
Professor and Associate Head for Graduate Studies
Dept of Mathematics and Statistics
Utah State University
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Hey John,
Have you popped this in the Statistical Consulting section as well?
They've had a few conversations on this type of subject.

Kim Love (http://krloveqcc.com/about) is very knowledgeable and active in that forum.

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Glen Wright Colopy
DPhil Oxon
Data Scientist at Cenduit LLC, Durham, NC
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Original Message:
Sent: 05-12-2020 19:34
From: John Stevens
Subject: expert witness - insurance?

I've been asked to serve as a statistical expert witness on a case, and the attorney's contract for me (not yet signed, so still negotiable) says I will have insurance as typically maintained by independent contractors in my field, including "comprehensive general liability insurance", "professional malpractice insurance", and "worker's compensation insurance" for myself.  As a university faculty member, I have worker's comp in my full-time employment, but this sounds different and is a side project.  Does anyone have experience with such insurance (or contracts) as an expert witness?

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John Stevens
Professor and Associate Head for Graduate Studies
Dept of Mathematics and Statistics
Utah State University
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John - 

I am not an attorney, so take this response with that in mind.  For the particular expert witness contract, I suggest you request a copy of the certificates of insurance policies that are referenced in their proposal as well as details of coverage to make sure that they satisfy your needs for protection.   If you are going to consult routinely you might want to consider obtaining your own professional liability insurance policy in addition  to any protection offered by your proposed employer  I have used HISCOX and find them straightforward and fairly priced.  They are an online service.

Jonas


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Jonas H. Ellenberg, PhD
Professor Emeritus of Biostatistics
University of Pennsylvania, School of Medicine
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Original Message:
Sent: 05-12-2020 19:34
From: John Stevens
Subject: expert witness - insurance?

I've been asked to serve as a statistical expert witness on a case, and the attorney's contract for me (not yet signed, so still negotiable) says I will have insurance as typically maintained by independent contractors in my field, including "comprehensive general liability insurance", "professional malpractice insurance", and "worker's compensation insurance" for myself.  As a university faculty member, I have worker's comp in my full-time employment, but this sounds different and is a side project.  Does anyone have experience with such insurance (or contracts) as an expert witness?

------------------------------
John Stevens
Professor and Associate Head for Graduate Studies
Dept of Mathematics and Statistics
Utah State University
------------------------------

John,
When I served as an expert witness as part of my company (Westat) the company policies handled that. But when I was an expert witness (voter ID laws) as a private consultant I did not have any of those and wasn't asked to provide them.  This was true in both Federal and State court.

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David Marker
Senior Statistician
Westat
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Original Message:
Sent: 05-12-2020 19:34
From: John Stevens
Subject: expert witness - insurance?

I've been asked to serve as a statistical expert witness on a case, and the attorney's contract for me (not yet signed, so still negotiable) says I will have insurance as typically maintained by independent contractors in my field, including "comprehensive general liability insurance", "professional malpractice insurance", and "worker's compensation insurance" for myself.  As a university faculty member, I have worker's comp in my full-time employment, but this sounds different and is a side project.  Does anyone have experience with such insurance (or contracts) as an expert witness?

------------------------------
John Stevens
Professor and Associate Head for Graduate Studies
Dept of Mathematics and Statistics
Utah State University
------------------------------

John,

Note:  I am not an attorney.

This sounds like an attorney has pulled out a contract form and just presented it to you.  Just because they ask for it does not mean that you have to agree.  With that:

• General liability is more of a policy for protecting the business and its assets.  Unless this is going to become a long-standing gig, I would simply push back and say that you will purchase a policy if they agree to accept that as a line-item on your first invoice to them.
• Same with worker's comp.
• Regarding professional malpractice, I might be more tempted to look at that, especially if you believe that there is a good chance -- you define the risk parameters -- that the information that you might provide in this case will be flawed and will likely result in a suit against you.  If you decide to purchase it, again make sure that you bill them for it.

Many lawyers have a habit of trying so hard to button down and eliminate any risk to themselves or their clients that they get in the way of making a deal.  If these people are that paranoid and unwilling to negotiate -- especially regarding the liability and worker's comp -- I'd seriously consider declining the offer because they could very well be a huge PITA.



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David Mangen
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Original Message:
Sent: 05-12-2020 19:34
From: John Stevens
Subject: expert witness - insurance?

I've been asked to serve as a statistical expert witness on a case, and the attorney's contract for me (not yet signed, so still negotiable) says I will have insurance as typically maintained by independent contractors in my field, including "comprehensive general liability insurance", "professional malpractice insurance", and "worker's compensation insurance" for myself.  As a university faculty member, I have worker's comp in my full-time employment, but this sounds different and is a side project.  Does anyone have experience with such insurance (or contracts) as an expert witness?

------------------------------
John Stevens
Professor and Associate Head for Graduate Studies
Dept of Mathematics and Statistics
Utah State University
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Thanks for the responses to this, I appreciate the perspectives.  In case it helps someone who comes across this issue down the road, after bringing some of this back to the attorney, it looks like professional liability insurance may be worthwhile in this situation, and they are willing to reimburse me for it.

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John Stevens
Utah State University
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Original Message:
Sent: 05-12-2020 19:34
From: John Stevens
Subject: expert witness - insurance?

I've been asked to serve as a statistical expert witness on a case, and the attorney's contract for me (not yet signed, so still negotiable) says I will have insurance as typically maintained by independent contractors in my field, including "comprehensive general liability insurance", "professional malpractice insurance", and "worker's compensation insurance" for myself.  As a university faculty member, I have worker's comp in my full-time employment, but this sounds different and is a side project.  Does anyone have experience with such insurance (or contracts) as an expert witness?

------------------------------
John Stevens
Professor and Associate Head for Graduate Studies
Dept of Mathematics and Statistics
Utah State University
------------------------------