2026 - Insurance Bad Faith CV

2026 - Insurance Bad Faith CV

Jim Schratz

Insurance Bad Faith Expert | Claims Handling Expert | Legal Fee Auditor | Expert Witness

January 1994 - Present

Professional Summary

Jim Schratz specializes in consulting and expert witness services concerning proper claims handling techniques, insurance bad faith, legal fee auditing, and litigation management on behalf of both insureds and insurance companies.

He is a nationally recognized expert witness with more than 45 years of experience in insurance claims handling, litigation management, legal fee auditing, and bad faith claims analysis. He has testified extensively in state and federal courts throughout the United States involving claims handling standards, insurance bad faith, attorneys' fees, legal billing practices, and extra-contractual exposure.

Jim is a former Vice President of Major Claims at Fireman's Fund Insurance Company and has personally handled high-exposure claims nationwide, including matters involving bad faith exposure, construction defect litigation, independent counsel disputes, and high-value liability claims.

He has been retained by plaintiffs, defendants, insureds, insurers, public entities, and private clients as an independent expert witness and consultant concerning both first-party and third-party bad faith claims.

Sample Trial Testimony

• Robert Hirsh v. Travelers Commercial Insurance Company - Testified on behalf of Travelers in a bad faith action.
• Victaulic Company v. American Home Assurance Company - Testified on behalf of plaintiff in a bad faith action.
• Poteau Ford Mercury, Inc., and Vernon Roberts v. Zurich American Insurance Company - Testified on behalf of plaintiff in a bad faith action.
• The Continental Insurance Company v. Amadeo Lopez-Castro, et al. - Testified on behalf of the insurance company.
• Paul Boyne v. Massachusetts Bay Insurance Company - Testified on behalf of plaintiff in an insurance bad faith action.
• John Cahill v. Liberty Lloyds of Texas Insurance Company - Testified on behalf of plaintiff.
• Pflueger, Inc. v. AIU Holdings, Inc., et al. - Testified on behalf of plaintiff in an insurance bad faith action.
• Millennium v. Darwin Select Insurers - Testified on behalf of plaintiff in an insurance bad faith action.
• Robert MacKeen and Rebecca MacKeen v. State Farm Lloyds and Rex O'Hill - Testified on behalf of plaintiff in an insurance bad faith action.
• Morgan v. United Fire Lloyds - Testified on behalf of plaintiff in an insurance bad faith action.

Expert Experience

Jim has been qualified as an expert witness in state and federal courts in numerous jurisdictions, including:

Areas of Testimony

Insurance Industry Experience

Vice President, Major Claims - Fireman's Fund Insurance Company

Responsible for case management of all matters worldwide involving potential exposure of $3 million or more and all cases with high publicity value.

• Personally adjusted numerous claims with significant bad faith exposure throughout the United States.
• Responsible for nationwide automobile and general liability anti-fraud program.
• Special emphasis on assuring proper claims handling where significant extra-contractual exposure existed.

Assistant Vice President, Major Litigation Unit - Fireman's Fund Insurance Company

• Developed and implemented a program to identify, centralize, and monitor all cases involving independent counsel.
• Personally involved in the drafting of California Civil Code section 2860 governing the rights and duties of insurers and insureds when independent counsel is retained.
• Personally adjusted numerous claims involving independent counsel retention.

Director, Corporate Litigation - Fireman's Fund Insurance Company

Established, implemented, and supervised a 16-member Major Litigation Unit with nationwide responsibility for construction defect, land subsidence, and other labor-intensive, high-profile litigation matters.

• Reservation of rights decisions.
• Retention and supervision of defense counsel.
• Evaluation of legal and tactical strategy.
• Attendance at settlement meetings and conferences.
• Analysis of expert reports.
• Negotiation of final settlement amounts.
• Shared responsibility for supervision of all extra-contractual suits against Fireman's Fund.

Assistant General Counsel - Fireman's Fund Insurance Company

Legal Experience

• Associate - Rosenblum, Fenolio, Parish, Jack & Bacigalupi, San Francisco.
• Associate - Heller, Ehrman, White & McAuliffe, San Francisco.

Education

• University of San Francisco School of Law - J.D., 1976; Editor-in-Chief, Law Review.
• University of Illinois - M.A., Political Science, 1972.
• State University of New York at Buffalo - B.A., 1969.

Selected Publications

• "Managing Insurer, Insured Conflicts of Interest by Use of Independent Counsel," American Bar Association (1991).
• "Do The Right Thing," California Lawyer (1992).
• "Resolving the Cumis Quandary: Guidelines for Reasonable Fees," Insurance Litigation Reporter (1992).
• "The Need For Legal Audits," Verdict (1992).
• "Legal Auditing Makes Sense," Legal Audit Review (1994).
• "Bad Faith for Legal Work? Your Insurer May Be Liable for Mishandling Its Lawyers," Claims Magazine (1995).
• "How To Avoid A Fee Dispute With Your Client," ABA / The Practical Litigator (1995).
• "Cross-Examining a Legal Auditor," American Journal of Trial Advocacy (1996).
• "The Recovery of Legal Fees and the Use of a Legal Fee Auditor in Fee-Shifting Cases" (1997).
• "How the Legal Auditor Can Help You in the Fee-Shifting Case," The Practical Litigator (1998).
• "How To Win a Fee Petition," The Practical Litigator / Federal Lawyer (2001).
• "Ballooning Costs - Avoiding Questionable Billing Practices Improves Chance of Recovering Fees," Los Angeles Daily Journal (2002).
• "Winning a Fee Application in Hawaii," Hawaii Bar Journal (2010).

References furnished upon request.