Defeating and Utilizing Experts in Bad Faith Actions

Welcome to the Primerus Webinar Series. As we navigate these new waters together without in-person meetings, we want to do all we can to ensure you still benefit from the Primerus knowledge base. If you would like to present or have a topic suggestion, please contact Katie Bundyra at kbundyra@primerus.com

Presented by: Muliha Khan, Brian Kuhlmann, Blane Smith, and Tom Winner

This webinar will generally cover issues concerning the use of experts in bad faith cases. The panel will address a variety of topics, including: when to use an industry standards expert and the use of experts beyond that; credentials and expertise of the ideal industry standards expert; limitations of using affirmative experts in bad faith cases; and strategy for attacking/challenging your adversary’s expert (during discovery and at trial).

CLE/CEU Credits

We are no longer able to offer CLE and CEU for this program.

Live Interactive Q&A – Bring/Submit Your Questions

The panelists will be reserving time to answer specific questions from attendees and encourage those in attendance to come with questions prepared. If you would like specific questions addressed, you are invited to submit questions in advance to Katie Bundyra at kbundyra@primerus.com.

About Muliha Khan

As an equity partner at Zupkus & Angell, P.C., a WBENC-certified women and minority owned law firm, Muliha Khan is dedicated to representing clients in Denver, its surrounding areas and throughout the state of Colorado. Her commercial and civil litigation practice encompasses a broad range, including defending both insurance companies and insureds in bad faith, personal and bodily injury claims, and construction defects. Muliha also practices in the area of employment law, providing both pre-litigation and litigation services. Additionally, Muliha has significant appellate experience at all levels and has drafted briefs for the United States Supreme Court, the Colorado Supreme Court, and Colorado Court of Appeals.

Muliha graduated from Colorado College with a B.A. in History, Cum Laude and with Distinction. She earned her J.D. from the University of Denver where she was the Candidacy Editor for the Denver Journal of International Law and Policy. In 2014, Muliha was selected as the “Publications Vice-Chair” of the Defense Research Institute Diversity Committee committed to advancing and promoting diversity in the legal profession, a cause close to her heart. Muliha has been recognized as a Colorado Super Lawyers Rising Star since 2015.

Muliha’s work and life experiences span four continents and she has lived significant portions of her life in the U.K., Libya, and Bangladesh. She is a published author and is frequently asked to deliver guest lectures regarding employment law and insurance defense issues. When Muliha is not in the process of obtaining defense verdicts, she enjoys traveling (beach destinations are her favorite), sampling Denver’s busy brunch scene, and nursing her keen karaoke addiction (some might say talent) whenever possible.

About Brian Kuhlmann

Brian Kuhlmann is a Senior Litigation Attorney for Shelter Insurance Companies in Columbia, MO. He is responsible for managing approximately 200 active litigation cases involving disputed liability issues, including coverage issues under various insurance policies and allegations of bad faith, in over five states. Prior to joining Shelter, Brian was an attorney with the State of Missouri and, before that, he was in private practice in Tulsa, OK. Brian earned his Bachelor's Degree from the University of Missouri and his Law Degree from the University of Tulsa. He is licensed in Missouri and Oklahoma.

Brian has been a speaker for the Association of Attorneys General, the Bar Association of St. Louis, the Arkansas Association of Defense Counsel, the Colorado Defense Lawyers Association, and other organizations. He is active in the Boy Scouts of America and in fundraising for a cure for Type 1 Diabetes with JDRF.

About Blane Smith

Mr. Smith began the practice of law in 1980 and has devoted his career to the specialty of insurance law. His work includes consultation and litigation related to the duties of insurers to their insureds and bad faith claims. In 2020, Blane Smith founded his firm, the Law Office of Blane A. Smith.

Mr. Smith’s insurance practice includes high-profile cases and legal matters with significant exposure for insurance issues in these areas:

• Civil Rights
• Construction Site Injury
• Wrongful Death
• Construction Defect
• Sexual Assault and Harassment
• Major Automobile Injury
• Life Insurance and Disability
• Insurance Fraud Investigation
• Bad Faith

Mr. Smith has conducted litigation in State and Federal Courts throughout California at the trial and appellate level and has served as counsel of record in significant published appellate opinions concerning insurance law issues. He is frequently retained in an advisory

About Tom Winner
Thomas E. Winner earned his bachelor’s degree, with distinction, from the University of Nebraska in 1990, and his law degree from the University of Nebraska in 1993. A Regents law scholar, Thomas was selected by faculty committee for the National Moot Court Team, and earned faculty appointment to national membership in the Order of Barristers. He is admitted in all State and Federal courts in Nevada, and in the Ninth Circuit Court of Appeals. Tom is a member of the State Bar of Nevada, the Clark County Bar Association, and the Defense Research Institute. His practice emphasizes the defense of personal and commercial lines insurers, personal injury defense, bad faith, insurance coverage, workers’ compensation defense, alternative dispute resolution, and questioned claims. Tom received his AV rating as a preeminent attorney in 2005 from Martindale-Hubbell and was named by Super Lawyers as one of the top attorneys in the mountain states in 2011, 2012 and 2013. Tom appears as one of Nevada’s top attorneys in the 2012 and 2013 Super Lawyers Business Edition.