On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original Complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleges that it sustained damage from the hurricane and that Church Mutual underestimated the cost of repairs. The five (5) buildings considered “Covered Property” at issue in this litigation are identified as: (1) the Sanctuary, (2) the Activity Center, (3) the Sunday School/Fellowship Hall, (4) the Mobile Home, and (5) the Pole Barn. During the relevant time period, Church Mutual provided coverage for the Covered Property.
The Church reported its claimed loss on September 1, 2020. TPCD has retained Louis G. Fey, Jr. as their expert on insurance claims handling, underwriting, and bad faith.
Church Mutual filed a motion to preclude Fey from testifying as to any legal conclusion, including using terms or phrases such as “arbitrary,” “capricious,” “without probable cause,” “misrepresented”, “vexatious”, or “untimely” as these are legal terms of art.
Insurance Expert Witness
Louis G. Fey, Jr has over 43 years of practical experience handling complex property casualty claims and related litigation, directing, and overseeing insurance company defense counsel, managing, and directing claim, underwriting, and agency operations.
Discussion by the Court
To begin with, Church Mutual maintained that Fey’s report and opinions contained therein, misstate alleged facts, made irrelevant assumptions and conclusions, made legal conclusions about coverage of TPCD’s claims and Church Mutual’s alleged bad faith, and contains unsupported opinions concerning whether Church Mutual and TPCD complied with certain policy provisions.
Church Mutual moved to preclude Fey from testifying as to any legal conclusion, including using terms or phrases such as “arbitrary,” “capricious,” “without probable cause,” “misrepresented”, “vexatious”, or “untimely” as these are legal terms of art.
However, TPCD informed the Court that Fey will not be testifying or providing legal conclusions at the trial of the matter and reminds the Court that it has permitted Fey in past trials to testify as to “the facts with regard to Defendants’ handling of the claim, the general nature of the claims handling process, and the applicable industry standards in handling property damage claims.”
Moreover, the Court in several of the cases citied herein has denied Daubert motions finding the Fey has a vast amount of experience and will be permitted to testify about insurance claims handling practices, insurance industry standards, customs, and practices applicable to handling insurance claims. However, this Court has never allowed Fey to provide legal opinions.
Held
As a result, the Court granted in part and denied in part Church Mutual’s motion in limine to exclude or limit the testimony of Louis G. Fey, Jr.
Key Takeaway
In conclusion, Fey was prohibited from testifying regarding any legal opinion or legal conclusion including testimony as to Church Mutual’s alleged “bad faith” or use terms or phrases that purport to draw a legal conclusion.
Case Details:
| Case Caption: | Pentecostal Church Of Dequincy V. Church Mutual Insurance Co S.I. |
| Docket Number: | 2:22cv2782 |
| Court Name: | United States District Court, Louisiana Western |
| Order Date: | February 04, 2026 |
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