Claims Handling and Complex Disputes
He also supervised the defense of lawsuits alleging improper claims handling and conducted in-depth claim reviews for adherence to best practices. His direct work on claims with high bad faith exposure informs his understanding of both the technical and strategic aspects of insurance litigation.
Experience Across Complex Disputes
His work includes mass torts, construction defects, complex business disputes, catastrophic personal injuries, and wrongful death claims, all involving a broad spectrum of insurance types such as:
- Personal and commercial insurance
- Property insurance
- Fidelity and surety bonds
- Excess and specialty risks
Claims Programs and Independent Counsel
Jim’s work in claims management has included:
- Developing programs to ensure proper claims handling and to centralize cases involving independent counsel.
- Personally adjusting numerous high-stakes claims, including those with allegations of bad faith, improper claims handling, and fraud.
- Drafting and implementing key legal frameworks, such as California’s Civil Code Section 2860, which governs the rights and responsibilities of insurers when independent counsel is involved.
Expert Witness and Consulting Experience
Since 1994, Jim has provided expert witness services and claims handling consulting for insureds and insurance companies. He has been qualified as an expert in state and federal courts across the United States, including the following jurisdictions:
- Arizona
- California
- Connecticut
- Florida
- Louisiana
- Michigan
- Pennsylvania
- Texas
- Vermont
- Washington, and more
Jim has provided deposition and trial testimony in more than 250 cases, many involving insurance bad faith and improper claims handling. His testimony addresses insurance practices and standards for proper claims handling.
Selected Trial Testimony
The following cases illustrate Jim’s testimony for both plaintiffs and insurance companies:
- Victaulic Company v. American Home Assurance Company: Testified on behalf of the plaintiff, leading to a $46 million punitive damages award and $8 million in attorneys' fees.
- Poteau Ford Mercury, Inc. v. Zurich American Insurance Company: Testified on behalf of the plaintiff, resulting in an award of over $6 million.
- The Continental Insurance Company v. Amadeo Lopez-Castro: Testified on behalf of the insurance company, successfully defeating a bad faith claim.
- John Cahill v. Liberty Lloyds of Texas Insurance Company: Testified on behalf of the plaintiff in a successful bad faith action.
Selected Publications
Jim has written about insurance fraud prevention, independent counsel, and legal fee management. Selected publications include:
- June 1992 “Do The Right Thing,” California Lawyer
- May 1996 “Cross-Examining the Legal Auditor,” The Practical Litigator
- April 1991 “Managing Insurer, Insured Conflicts of Interest,” American Bar Association
- May 2001 “How to Win a Fee Petition,” The Federal Lawyer
For a claims handling or bad faith matter, contact Jim Schratz & Associates to discuss the issues, available records, and relevant deadlines.
