Category: Insurance Expert Witness
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Insurance Expert Witness’ Estimate Excluded Because Unknown Contractors Collected the Data
Plaintiffs Gregory Hebbler and Marion Hebbler contracted with Defendant State Farm Fire and Casualty Company to insure their home located at 6009 Angler Drive, Picayune, Mississippi. On August 29, 2021, Hurricane Ida made landfall, purportedly damaging the residence. When Defendant conducted an on-site inspection and estimated the monetary damage caused by Hurricane Ida, it issued…
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Insurance Expert Witness’ Testimony With Regard to the Contract Interpretation Claims Excluded
Plaintiffs (collectively, Allied World) are insurance companies that denied coverage to Defendant MNS Ltd., a retailer, for liability stemming from MNS’s settlement of a separate class action lawsuit. In the present lawsuit, two sets of claims are teed up: first, whether Allied World owes MNS a duty of coverage under the relevant insurance policies, and…
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Court Refused to Exclude Insurance Expert Witness’ Opinions on Insurance Availability
This case stems from a dispute over a provision of a ground lease between Stewart Development, LLC and 111 Veterans Boulevard, LLC. Stewart owned Heritage Plaza, a Class A office building in Metairie, Louisiana but leases the land on which it sits pursuant to a ground lease. 111 Veterans took over this ground lease in…
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Insurance Expert Witness’ Testimony Limited Because it is Needlessly Cumulative
This lawsuit stems from claims of breach of contract and statutory and common-law bad faith. It all started when Plaintiff, Paul Schulz, was injured when his motorcycle struck an oil spill in the roadway, causing the front tire to slide out and the motorcycle to overturn. Shortly thereafter, Schulz filed a claim with his insurer,…
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Insurance Expert Witness’ Testimony Excluded Despite Being Crucial to Plaintiff’s Claims
The CLM Trust is the owner of real property including a home and multiple barns located at 25 Cattle Farm Road in Picayune, Mississippi. At all times relevant, these structures were insured under a homeowner’s policy issued by State Farm Fire and Casualty Company. CLM’s lawsuit arises from alleged damages caused by Tropical Storm Claudette…
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Insurance Expert Witness’ Testimony Limited Because it Consists of the Interpretation of Policy Language
Plaintiff American Empire Surplus Lines Insurance Company (“AESLIC” or “Plaintiff”) issued to J.R. a commercial excess liability insurance policy, which included a premium charge to be computed as a percentage of J.R.’s gross receipts during the policy period. Plaintiff assigned an advanced premium to the Policy based on J.R.’s estimate of its gross receipts during the…
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Insurance Expert Witness Barred From Opining On Electrical Equipment’s Sensitivity to Water Damage
On March 10, 2023, Subrigo International Corporation (“Subrigo”) initiated a lawsuit against Sentinel Insurance Company (“Sentinel”) in the Los Angeles Superior Court. Shortly thereafter, Sentinel transferred the case to the Federal Court. Subrigo’s claims arose from Sentinel’s refusal to cover property damage caused by flooding at its business location. Subrigo operated a data center in…
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Legal Conclusions Do Not Necessitate the Wholesale Exclusion of Insurance Expert Witness’ Testimony
Plaintiff Ashley Fawcett was in a car accident in 2017, while she was covered by an insurance policy issued by Defendant Standard Fire Insurance Company (doing business as Travelers Insurance Company (“Travelers”)). Fawcett opened claims with Travelers, and alleged in this lawsuit that Travelers unreasonably investigated and evaluated her claim for underinsured motorist (“UIM”) benefits.…
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Insurance Expert Witness’ Testimony Regarding the Storm Damage and Cost of Necessary Repairs Admitted
This case arises from a claim for wind/hail damage that allegedly occurred on or around December 5, 2021. The damage occurred to Plaintiffs’ property located at 16207 E. 47th Place, Tulsa, Oklahoma. State Farm inspected the home twice and found minor hail damage. State Farm did not observe any hail damage to the roof itself.…
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Insurance Expert Witness’ Testimony About the Industry Norms and Customs of the Insurance Adjustment Process Admitted
This claim arises from 2B’s negligent handing of an auto insurance claim brought by Harold and Milagros Lacey against GoAuto insureds, Alisha and Kayranasia Hill resulting from a motor vehicle accident in Panama City Beach, FL on July 31, 2020 (the “Lacey Claim”). GoAuto is a Louisiana-based insurance company that writes policies in Louisiana, Texas,…
