ResinTech commenced this action against AIG and Odell arising from AIG’s denial of coverage for environmental liabilities asserted against ResinTech by the Camden County Municipal Utilities Authority (“CCMUA”) and the New Jersey Department of Environmental Protection (“NJDEP”).
ResinTech asserted claims against AIG for breach of contract and declaratory judgment and, in the alternative, asserted claims against Odell arising from Odell’s alleged failure to procure appropriate insurance coverage and advise ResinTech concerning its pollution-liability risks.
Odell sought to exclude the testimony of Plaintiff’s insurance-industry expert, Howard Tollin.
Law And Legal Expert Witness
Howard M. Tollin is an attorney, environmental risk consultant, and licensed property and casualty broker. Over the past 30 years, he has facilitated thousands of real estate, corporate M&A transactions and litigation and claims settlements.
Discussion by the Court
Tollin is qualified to offer opinions concerning environmental insurance, pollution-liability coverage, insurance-broker practices, and industry customs. He has decades of experience as both an attorney and insurance broker specializing in environmental and pollution coverage. His report and deposition testimony demonstrate substantial experience placing pollution-liability policies, negotiating policy language, advising policyholders regarding environmental risks, and participating in the environmental-insurance marketplace. The Court is satisfied that his specialized knowledge will assist the trier of fact.
Odell’s principal criticisms concerned the basis for Tollin’s opinions rather than his qualifications. Odell argued that Tollin relied primarily on his professional experience rather than identified treatises, regulations, or formal industry standards. That argument is unavailing. Tollin reviewed the record and applied his experience to the facts of this case. To the extent Odell disputes his assumptions, methodology, or conclusions, those objections go to the weight of the testimony and may be explored through cross-examination and the presentation of contrary evidence.
The Court likewise rejected Odell’s contention that Tollin’s opinions are impermissibly speculative. Odell’s challenges largely concerned the factual premises underlying Tollin’s opinions and the conclusions he drew from the record.
The Court agreed, however, that Tollin may not offer legal conclusions or instruct the jury on the governing law. Accordingly, Tollin may testify regarding insurance-industry customs and practices, the availability and characteristics of environmental insurance products, the role and responsibilities commonly undertaken by brokers and risk-management advisors, and whether the conduct alleged in this case was consistent with those customs and practices. He may not opine that Odell was negligent, breached a legal duty, violated New Jersey law, or otherwise offered legal conclusions reserved for the Court and jury.
Held
The Court denied Odell’s motion to exclude the testimony of Howard Tollin subject to certain limitations.
Key Takeaway
Rule 702 expressly permits expert testimony grounded in specialized experience, and the absence of a particular treatise or published methodology does not render such testimony inadmissible.
Case Details:
| Case Caption: | ResinTech, Inc. V. AIG Specialty Insurance Company |
| Docket Number: | 1:21cv19843 |
| Court Name: | United States District Court for the District of New Jersey |
| Order Date: | June 30, 2026 |
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