Disputed Business Interruption Claim Expert Witness
Disputed BI claims frequently involve parallel arguments about trigger, measure of loss, and the reasonableness of insurer or policyholder methodologies. Experts reconstruct standard turnover, ROGP, ICW, and indemnity period assumptions using disclosed ledgers rather than narrative assertions.
CPR Part 35 compliant reporting distinguishes facts from opinion, presents sensitivity analysis where assumptions are debatable, and supports efficient joint expert meetings.
Where commercial contract damages overlap with insurance recovery, experts help tribunals avoid double counting while preserving distinct evidential foundations for each head of claim.
Frequently Asked Questions
What does a BI expert add when only quantum is disputed?
They independently test the parties’ models, reconcile ledgers to policy definitions, and explain why alternative assumptions move the loss within a defensible range - assisting the court even where coverage is agreed.
How do experts handle conflicting insurer instructions?
The expert’s duty is to the court under CPR Part 35. They must evaluate materials from all sides, disclose adverse facts, and avoid adopting partisan framing from either party’s submissions.
Glossary Terms
Short definitions for terminology used on this page - see the full business interruption glossary.
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