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Maine.gov > PFR Home > Insurance Regulation> Administrative & Enforcement Actions > Document 517 : INS 99-14 : Hearing Decision
Following a prehearing conference held October 29, 1999, the Superintendent of Insurance issued a Procedural Order establishing March 2, 2000 as the deadline for the filing of expert reports. On March 2, 2000 MHA, Inc. filed a request for the enlargement of time to March 28, 2000 to file its reports of experts and for clarification of what is required for an expert report. The basis for MHA, Inc.s request is its view that without further clarification as to what is to be contained in an experts report, guidance cannot be given the experts it has retained. Additionally, MHA, Inc. feels it would be unreasonable for the Superintendent to require both the filing of an expert report and prefiled testimony particularly given the added expense.
MHA, Inc. filed its application to intervene on December 9, 1999. The application was granted in writing on December 22, 1999 although Sandra Parker, Esq. was advised prior to that time that the application would be granted. The Order granting intervention specifically directed MHA, Inc. to the Procedural Order issued by the Superintendent on November 4, 1999. That order established a number of deadlines including a deadline of March 2, 2000 for the filing of reports of experts.
MHA, Inc. is fully aware of the complex nature of the pending proceeding and should have considered that in deciding whether and when to retain experts. The fact MHA, Inc. delayed in seeking experts should not cause a delay in the schedule of this proceeding. The purpose of having reports filed by March 2nd is to allow the parties to consider the reports in drafting prefiled testimony. Thus, to have the reports woven into testimony is of little benefit.
As to the need for clarification on what is to be included in any expert report, first it must be noted that legal counsel for the Superintendent has made herself available to the parties to answer questions of this sort. At any point MHA, Inc. could have contacted Ms. Chamberlain for clarification but chose not to. Further, Ms. Chamberlain has set aside every Friday morning since November to meet with any party to discuss issues of a procedural nature. MHA, Inc. has yet to avail itself of this opportunity by asking that items be placed on an agenda as required by the Procedural Order of the Superintendent.
Aside from MHA, Inc.s failure to seek clarification at an earlier date, it is difficult to understand what clarification is needed. The term "expert report" is not an esoteric term of art in the insurance world. Rather, it is a term commonly used in any number of professions particularly the legal profession. Simply put, an expert report is a document evidencing the specialized knowledge of the author covering the subject which he or she was retained to analyze. The Superintendent has no obligation to detail the elements of such a report.
Accordingly, the motion of MHA, Inc. to enlarge the time for the filing of expert reports is DENIED. MHA, Inc. may not file any reports of experts or present any expert testimony in this proceeding except by leave of the Superintendent.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE
ALESSANDRO A. IUPPA
Superintendent of Insurance
Last Updated: January 21, 2014
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