Originally published by Chip Merlin.
The Tom Brady legal victory is being criticized, lauded, and talked about by millions in our fanatical football country. Unlike the vast majority of fans—and being a nerdy insurance lawyer—I read the report. While doing so, I was struck about the similarity between the court’s reasoning into the unfairness of Brady’s proceedings and altered insurance engineering and estimate reports.
Superstorm Sandy litigation showed that nobody should trust an insurance company to provide an honest engineering or estimate of damage report. In Altered Engineering Reports Must Be
Disclosed–Sandy Flood Judge Requires Transparency, and Are Baseless and Outcome Oriented Engineering Opinions the Normal State of Affairs in Property Insurance Investigation, I noted that the only manner to determine if any draft report has been fairly altered by another is to turn over the edits and drafts. Then, the people doing the editing should have to explain their role in formulating the final opinion…
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