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(Diplomat of the American Board of Disability Analysts)

502 Park Avenue

San Jose, CA 95110-2621

Telephone: (408) 279-1034 FAX: (408) 279-3562

E-MAIL: [email protected] URL:http://www.millerjd.qpg.com

________________________________________________________________________

Summary of Qualifications:

Extensive Insurance education, research, training, testifying and experience in positions which require knowledge of underwriting, duties and responsibilities of agents and brokers, law and claims adjusting, coverage disputes, customs and practices in the insurance industry, and good faith-bad faith allegations. Consultant to insurers, insureds, the Department of Insurance, State of California and to the California Legislature: Select Committee on Insurance Reform.

Insurance Consulting Experience

- Retained approximately 1,300 plus times nationwide - Deposed approximately 500 plus times

- Testified approximately 150 plus times in Superior, Federal and Criminal Courts Education J.D.Degree Lincoln University School of Law San Jose, CA B.S. Degree

Insurance Risk Management Major (CPCU & CLU) (Core Curriculum) Underwriting (Casualty and Life) (I never took the National exams) San Jose State University

San Jose, CA A.A. Degree

Insurance Adjusting & Investigation Foothill College

Los Altos, CA

Professional Publications:

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Expert Witness (Computer Program) How to Estimate Bodily Injury Settlements Articles: California Insurance Commissioner Report, 1986 -

“Bad Faith – Bad News I” and “Bad Faith – Bad News II”

Insurance Settlement Journal – Ask the Expert American Jury Trial Series – Contributing Author Insurance Institute of America – Contributing Author The American Bar Association Journal -

“The Proper Protocol for Working with Claims Adjusters” (October 2000) Professional Licenses/Associations/ (Past and Present) Certificates

Board Certified Forensic Expert

American Board of Forensic Examiners; Fellow of the Board Insurance Arbitration Forums, Inc.

Central Coast Claims Forums, Inc. Claims Manager Forum

National Academy of Expert Witnesses

California Association of Licensed Investigators (Active License) California Association of Independent Insurance Adjusters National Forensic Center

BASE Associates ATLA Faculty Member

Inducted into the College of Forensic Examiners (1995)

Licensed Qualified Manager – State of California (Claims) (Active License) National Association of Insurance Litigation Managers

National Flood Insurance Program – Licensed 1980 (Inactive)

Forensic Expert Witness Association – Orange County Chapter – Los Angeles Chapter – Norcal Chapter and San Diego Chapter

Recent Lectures

American College of Forensic Examiners (Mold Litigation – October 2002) American Conference Institute – The Tenth National Advanced Forum on Litigation – Bad Faith and Punitive Damages (March 2004)

American Conference Institute – The Thirteenth Advanced National Forum on Bad Faith and Punitive Damages (April 2006)

Personal Insurance Experience

October 1986 – August 1987

Accord Adjusters – Multi-line Adjuster March 1985 – October 1986

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January 1980 – March, 1985

Allco Adjusters – Owner (Independent Insurance Adjusting Firm, Multi-line Adjustors, Appraisers and Private Investigators) January 1978 – December 1979

Mission Adjusters – Multi-line Adjuster August 1977 – January 1978

Williamson & Poch Associates – Multi-line Adjuster September 1976 – August 1977

Russo Claims Service – Multi-line Adjuster July 1975 – August 1976

Brown Brothers Adjusters – Multi-line Adjuster December 1971 – June 1975

State Farm Insurance Company – Adjuster: Bodily Injury Specialist (Graduate of State Farm Insurance Company’s Claim Schools) January 1970 – November 1971

California Casualty Insurance Company – Multi-line Adjuster September 1963 – September 1965

Fred Cliby, Inc. – Multi-line Adjuster Computer Science Experience:

Stanford University – Computer Code Supervisor – 1965 – 1967

RCA – CBE Manager – 1967 – 1970

About the Author: How Insurance Companies Settle Cases (13th Edition) (1987 to 2002)

Clinton E. Miller, J.D., DABFE, FACFE, DABFE (Diplomat of the American Board of Forensic Examiners) (Fellow of the American College of Forensic Examiners) (Diplomat of the American Board of Disability Analysts) is a nationally recognized insurance consultant, published author, lecturer and guest speaker. He has extensive experience as a qualified trial expert witness in state and federal courts in both civil and criminal cases, nationwide. His particular areas of expertise include “bad faith” allegations, coverage disputes, coverage interpretation, and insurance industry standards, custom and practices. He has testified nationwide in approximately 500 plus cases involving insurance related issues, plus approximately 150 trials. He is also certified as an insurance arbitrator by the Insurance Arbitrations Forum, Inc.

Since he began working in the insurance industry in 1963, Mr. Miller has adjusted approximately 34,000 claims for over 150 insurance companies, trained adjusters and

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written claims manuals. He has owned and operated his own independent insurance adjusting firm and worked as a claims manager for a national insurance company. He has held federal and state insurance adjusting licenses and is also a licensed private

investigator. In addition to providing consulting services to insurance companies and policyholders, Mr. Miller has acted as a consultant to the Department of Insurance, State of California.

Mr. Miller’s formal education includes an A.A. degree in Insurance Adjusting and Investigation from Foothill College, a B.S. degree in Insurance Risk Management from San Jose State University, and a J.D. degree from Lincoln University School of Law. Methodology:

 I read on a regular basis the following Insurance Industry Journals and Legal Newspapers.

Claims (“Covering the Business of Loss”) Claims

 Claims Connection – Delivers breaking news on disasters, fraud, legal trends, technology, and CE initiatives – all with the P&C claim professional in mind.  Forensic Insider – Features news and commentary from industry experts on the

latest forensic and investigative methodologies to help claims professionals.  Property Casualty 360 Daily eNews – Stay on top of the industry with tgis

essential information

 PropertyCasualty360 Updates – Occasional updates on new features, research, events and other products from PropertyCasualty360.com and Summit Business Media

Forensic Examiner

Rough Notes (Agents and Broker) National Underwriter

Business Insurance (Life and Casualty)

Best’s Review (Agents and Brokers and Reinsurers) Lawyers Weekly (Newspaper) (National)

Daily Journal (Newspaper) (California) Regulations: Fair Claims Settlement Practices Claims Management

Insurance Litigation (The Rutter Group) Adjusting Today

State Appellate and Supreme Court Decisions as well as Federal Appellate and Supreme Court decisions

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 I have 50 years of Education, Training and Experience since 1963.  I’ve taught Insurance Industry Standards and Procedures for 11 years.  I’ve read approximately 5,000 Depositions of Insurance Representatives Re

Insurance Industry Standards and Procedures.

 I have read hundreds of Insurer’s claims manuals, training manuals, procedure manuals, underwriting manuals and agent/broker agreements.

 I have read thousands of claim files including claim activity logs by adjusters, supervisors and claim managers.

 I wrote the book “How Insurance Companies Settle Cases” (I wrote the original book in the 1980’s and the next 14 Revisions up to 2003. The book is now in its 22 Revision, as of 10-118-11. My book is still in print, almost 25 years after the first edition).

 I have handled approximately 34,000 claims.

 I have worked for approximately 150 Insurance Companies.

 I have been accepted as an Insurance Expert in approximately 150 trials; State and Federal Courts. (Civil and Criminal cases).

 I have been deposed approximately 500 plus times in approximately 37 states.

References

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