This case arises from a claim made by Richard Bernier under the underinsured motorist (“UIM”) coverage provided in his State Farm policy.
Bernier was involved in a November 18, 2020 auto accident. He settled the underlying claim for the other driver’s limits of coverage and then sought the maximum available UIM coverage under his own policy of $50,000.
Bernier’s expert, Mr. Stephen Strzelec, concluded that State Farm “arbitrarily reduced/discounted [medical bills] based on speculation and conjecture by the claim handler.”
However, State Farm’s expert, Ms. JoAnna Moore, wrote that Bernier’s medical bills “should have been questioned . . . [because] there was no airbag deployment, only slight injuries were noted,” and Moore saw “no physician report tying Bernier’s rotator cuff tear, ulnar nerve injury, or cervical disc disease to the accident.”
Bernier filed and served his expert report of Stephen Strzelec on December 13, 2024 and on January 7, 2025, State Farm filed its rebuttal expert report of JoAnna Moore “on issues relating to claim handling and specifically with regard to Stephen Strzelec’s report.”
Bernier asserted that the eight numbered paragraphs in Moore’s report are a valid rebuttal but that the last two and a half pages are “an attempt to testify in Defendant’s case-in-chief” and should be excluded.
Insurance Expert Witness
JoAnna Moore is the Principal and Founder of J. Moore Consulting Services. For nearly a decade, Moore served on the Advisory Board for the Center for Insurance Studies, which is part of the Mihaylo College of Business & Economics at California State University, Fullerton. In that capacity, she has been a frequent keynote speaker during the University’s annual Business Week and guest class lecturer, as well as advising the center on curriculum and course offerings.
In 2009 she received special recognition by the Center for her continuing support of insurance education. Moore is also a participating Advisory Board member of the Women’s Leadership Institute at Auburn University, Auburn, Alabama. She earned a B.S. Degree from Auburn in 1978 and is a member of the National Association of Professional Women (NAPW).
Discussion by the Court
The topics in Moore’s report are valid rebuttals of Strzelec’s report. Strzelec lays out what he asserts are claims-handling principals and standards, and analyzes State Farm’s handling of Bernier’s first-party underinsured motorist claim. For example, Strzelec lists all the UCSPA standards for insurance companies and asserts that, on top of the standards set in statutes and regulations, “internal standards of fairness by the insurer” help define the parameters required for every specific situation. In response to Strzelec’s assertions regarding standards for insurance companies, Moore detailed what she asserts is the “standard for claim handling.”
First, Moore summarized what she argued is the applicable “reasonableness, not perfection” standard, and then she listed what she asserted, based on her experience, are “the reasonable and industry-accepted claims practices.” The Court held that this evidence is proper rebuttal evidence, as Moore addressed insurance company standards and practices, which is the same subject matter as the opinions in Strzelec’s report.
Moore’s report provided “[a] list of things that Moore believes Defendant did correctly,” as well as her “personal opinion on whether Defendant acted reasonably.” These topics are on the same subject matter as the testimony of Strzelec in his expert report. In fact, Strzelec stated at the top of his “analysis and discussion” section that he was asked to “provide [his] opinions regarding State Farm’s handling of the first party underinsured motorist claims.”
When Strzelec concluded that “State Farm failed to meet minimum industry
standards for handling claims,” Moore listed the actions she argued demonstrated State Farm complied with industry standards, such as reviewing and utilizing contract language, seeking input from supervisory personnel, and providing appropriate claim note documentation.
Held
The Court denied Richard Bernier’s motion to exclude portions of JoAnna Moore’s expert report.
Key Takeaway:
Moore’s rebuttal expert report did not merely opine on the same general subject matter as Strzelec’s report. Instead, Moore’s rebuttal expert report properly rebuts and contradicts Strzelec’s expert testimony.
Case Details:
| Case Caption: | Bernier V. State Farm Mutual Automobile Insurance Company |
| Docket Number: | 4:24cv2 |
| Court Name: | United States District Court, Alaska |
| Order Date: | May 28, 2025 |
Leave a Reply