DAUBERT – Reliability Standard

Five factors the court may consider

Has the technique been tested in actualfield conditions?

Has the technique been subject to peer review and

publication?

What is the knownor potential

rate of error?

Do standards existfor the control

of the technique’soperation?

Has the techniquebeen generally accepted within

the relevant scientific

community?

RECONCILIATION OF PAID PROPERTY LOSS TO SUBROGATION DEMAND

0

2

4

6

8

10

12

14

16

Dollars

(M

easu

red in $

000's)

BI / EE As

Paid Under

Property

Excess Of

Policy Limits

& Sub-Limits

Actual v.

DD&D Repair

Period

Coverage

Limitations

Waiting

Periods &

Deductibles

Lost

Opportunities

Subrogation

Damage

Demand Lost

Profits