Category: Construction Expert Witness
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Insurance Expert Allowed to Opine on Sales Tax Depreciation Practices
Plaintiffs Melissa Pitkin and Dan Grout own a home together in Healdsburg, California. They hold a homeowner’s insurance policy from State Farm, policy number 57-C4-6752-1 (the “Policy”), which covered certain losses to their home and all of its contents. The Policy included the “main policy form” (FP-7955, CA) as well as a “homeowners endorsement form”…
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Construction Expert Allowed to Opine on the Cause of the Leak
This is a subrogation action resulting from a water loss that occurred in January of 2021 at a single family home located in Cranston, Rhode Island. Defendant filed a motion to prevent one of Plaintiff’s experts—Thomas F. Zarek—from testifying as to the source of the damage at trial. Construction Expert Witness Thomas F. Zarek has…
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Law And Legal Expert Not Allowed to Opine on the Remodeling Project
This matter arises from damage to Plaintiffs Jacob and Suzanne Kuehn’s home caused by a water loss in December 2023. The Kuehns sued Safeco Insurance Company of America (“Safeco”) alleging breach of contract, violation of the Consumer Protection Act (“CPA”), bad faith, and violation of the Insurance Fair Conduct Act (“IFCA”). In advance of trial,…
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Geology Expert Was Allowed to Opine on Subsurface Conditions
This case arises out of Plaintiffs’ claim that structural damage to their home at 496 Southwood Drive in Madisonville, Kentucky, was caused by coal mine subsidence. Val Smith and Gwen Smith obtained a homeowners’ policy from American Strategic Insurance Corp. (“ASIC”) and claimed that mine subsidence caused structural movement and cracking. ASIC denied the claim…
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Construction Expert Allowed to Opine on Causes of Project Delay
P&E is a Kansas-based contractor who entered into a design-build contract with WI RNG Hub North, LLC, for a renewable natural gas production facility in Gillet, Wisconsin (the “Project”) to be completed by February 27, 2023. The Project included construction of two buildings to house process equipment for producing renewable natural gas from dairy cow…
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Construction Expert’s Building Budget Report Excluded
Plaintiffs’ home was damaged by a fire on June 21, 2021. At the time of the fire, Plaintiffs had an insurance policy with State Farm. Plaintiffs alleged that Defendant State Farm failed to abide by the policy which allowed, at the insureds’ option, to either have the damage repaired or pay for the damage. Plaintiffs…
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Construction Expert’s Testimony on Financial Ability Excluded
This case arises out of the Parties’ failed construction contract. Plaintiff Fifth Side Lodging, LLC is an entity formed for the sole purpose of developing a Fairfield Inn and Townplace Suites hotel in Edina, Minnesota. Rise is a commercial contractor specializing in “multifamily and hospitality modular construction projects.” In May 2019, Fifth Side and Rise began negotiating…
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Construction Expert Was Not Allowed to Opine on Repair Costs
On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleged that it sustained damage from the Hurricane, and that Church Mutual has underestimated the cost of repairs. The five (5) buildings considered as “Covered Property” at issue in this litigation are identified as…
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Construction Expert Allowed to Opine on Repair Estimates
This matter involves an insurance claim for damages associated with hurricane Laura. On or about September 16, 2020, Plaintiff, The Pentecostal Church Of Dequincy (“TPCD”) retained a public adjuster, Chris Tremaine. Tremaine worked with Church Mutual’s field adjuster, Trey Johnson, to schedule a joint inspection of TPCD’s campus on September 30 and October 1, 2020.…
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Construction Expert’s Testimony on Insurance Policy Application Excluded
This case arises from an insurance coverage dispute regarding damage to Plaintiff O’Reilly Hotel Partners–Champions Circle, LLC’s (“Plaintiff”) hotel complex in Fort Worth, Texas (the “Property”). The Property consists of various buildings, including a hotel tower, a conference center, and a golf clubhouse. The case involves multiple insurance policies and multiple insurance claims stemming from…
