Insurance Expert Witness Services for Attorneys

IAUA CPAU-certified expert witness providing deposition and trial testimony for property damage valuation disputes, bad faith claims, and insurance litigation across Texas and surrounding states.

The engagements

Expert Witness Services

Comprehensive litigation support from case review through trial testimony. Every engagement is backed by hands-on property inspection experience, Xactimate expertise, and deep understanding of the insurance appraisal process.

Written Expert Reports

Detailed written reports analyzing property damage valuation, repair scope, and insurance claim methodology. Reports are prepared to meet Federal Rules of Evidence (FRE 702) and Daubert standards.

Deposition Testimony

Experienced deposition testimony on insurance appraisal process, damage valuation methodology, Xactimate estimating standards, and industry practices.

Trial Testimony

Courtroom expert witness testimony for property damage litigation, bad faith claims, and insurance coverage disputes. Clear, credible presentation of technical findings.

Case Review & Consultation

Pre-litigation case review to assess claim viability, identify valuation discrepancies, and evaluate opposing appraiser methodology and conclusions.

Opposing Appraisal Critique

Technical review and critique of opposing insurance company appraisals, identifying errors in methodology, scope omissions, and pricing discrepancies.

Strategic Advisory

Guidance on appraisal vs. litigation strategy, umpire selection considerations, and post-appraisal attorney fee and penalty interest recovery.

Where testimony lands

Types of Cases We Support

Marshall Services provides expert witness testimony and litigation support across a range of insurance dispute scenarios.

Bad Faith Insurance Claims

Expert analysis of insurer conduct including delayed investigations, undervalued settlement offers, wrongful claim denials, and failure to promptly pay undisputed amounts.

  • Unreasonable delay in claim investigation
  • Undervalued Xactimate estimates with improper pricing
  • Failure to inspect all reported damage
  • Denying coverage without adequate investigation

Property Damage Valuation Disputes

Expert testimony on the proper scope and cost of property repairs when insurers and policyholders disagree on the amount of loss.

  • Scope of damage disagreements
  • Repair vs. replacement decisions
  • Code upgrade requirements
  • Hidden or consequential damage

Appraisal Process Disputes

Expert opinion on proper appraisal clause procedure, appraiser qualifications, umpire selection, and appraisal award challenges.

  • Appraiser independence and qualification issues
  • Umpire selection disputes
  • Appraisal award challenges
  • Waiver of appraisal rights

Coverage & Causation Analysis

Technical expert analysis where coverage hinges on damage causation — distinguishing between covered perils and excluded causes of loss.

  • Wind vs. hail vs. wear-and-tear causation
  • Storm damage vs. pre-existing conditions
  • Covered vs. excluded water damage
  • Multiple peril causation analysis

The qualifications

Expert Credentials & Qualifications

Marshall Smith brings a unique combination of construction industry background, independent adjuster experience, and certified appraisal expertise to every engagement.

  • IAUA CPAU — Certified Property Appraiser & Umpire
  • FAA Part 107 Licensed Drone Pilot
  • Xactimate Certified Estimator
  • Construction & Commercial Roofing Background
  • Independent Adjuster Experience
  • Multi-State Qualified (TX, LA, OK, CO, CA)

Why Choose an IAUA CPAU Expert Witness?

The Certified Property Appraiser & Umpire (CPAU) designation from the Insurance Appraisal and Umpire Association represents specialized training and demonstrated competency in the insurance appraisal process. Unlike general contractors or public adjusters who may offer testimony, a CPAU-certified expert brings recognized credibility specific to the appraisal and umpire framework. The boundary matters before any of it is engaged, and where the appraisal route ends and litigation begins is drawn in detail.

This credential demonstrates knowledge of appraisal clause procedures, valuation methodology, and the role of both party appraisers and neutral umpires — exactly the subject matter at issue in most insurance property damage litigation. Where that framework calls for an appointment rather than testimony, an appraisal umpire reviews the remaining disputed amounts.

Combined with hands-on construction and roofing background, independent adjuster experience, and FAA Part 107 drone roof inspection flown on retained engagements, Marshall Smith provides testimony grounded in both technical expertise and real-world property damage assessment.

Related services

Where this goes next

Frequently Asked Questions

What can an appraisal expert testify to that a contractor cannot?

Methodology, not only price. A contractor can say what a repair costs; an expert on the appraisal process can explain how the amount of loss should have been determined, whether the opposing estimate followed accepted estimating practice, and where its scope or pricing departs from it. Reports here are prepared to meet the Federal Rules of Evidence 702 requirements.

Will you look at the other side's estimate before we retain you?

A preliminary look is possible and it is the sensible first step. A short read of the carrier's estimate and the appraisal file usually shows whether there is a valuation argument worth making, or whether the real disagreement is about coverage, which is a different case entirely. Conflicts and availability are confirmed before any engagement begins.

Can you act as the expert witness if you were the umpire on the same claim?

No. An umpire's duty is neutrality between the two sides, and taking one side's brief afterwards would undermine the award he signed. Party appraiser work and litigation support are separate services and can run together on a case, but the neutral role and a retained expert are never combined on one claim.

How much notice do you need before a deposition or trial date?

As much as you can give, and a call is better than an email when the date is close. Preparing an opinion that will hold up depends on how much of the file already exists — estimates, photographs, inspection access and the opposing expert's materials all have to be worked through first. Submissions receive a reply within 24–48 hours.