Category: Insurance Expert Witness
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Insurance Expert Not Allowed to Opine on Legal Duties
Plaintiff Lorenzo Garcia alleged that he was lawfully stopped at a red light when the vehicle Kenneth Childress was driving collided with the vehicle Pasty Ration was driving, causing Ms. Ration’s vehicle to strike the rear of Garcias vehicle. Garcia further alleged that as a result of the accident he sustained permanent, disabling injuries requiring…
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Insurance Expert Not Allowed to Opine on the Cause of Death
Plaintiffs are the estate and heirs of Timothy Hunt, who was killed in a grain engulfment accident. Defendant is the insurance company who insured the farm (Butts Farms) where the accident occurred. Defendant denied coverage for the accident under the policy. Butts Farms assigned its claims to Plaintiffs as part of an arbitration and non-execution…
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Insurance Expert Not Allowed to Opine on Industry Standards
This action arises from an insurance claim related to a vehicle fire that occurred on May 31, 2024, in Arkansas while Plaintiff Anthony Nicholas was driving from Tennessee to Oklahoma. Plaintiff submitted a claim to Defendant Progressive Direct Insurance Company that same day. Plaintiff alleged that Defendant failed to handle the claim in good faith…
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Insurance Expert Allowed to Opine on Diagnostic Methods
This first-party property damage case arises from a dispute to insurance benefits related to a July 15, 2019 hailstorm. AMCO issued a policy of insurance (the “Policy”) to PTT Properties, Inc. for property located at 411 Sable Boulevard, 525 Sable Boulevard, 501 Sable Boulevard, and 14410 E. 6th Avenue, Aurora, Colorado 80111 (collectively, “the Property”).…
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Insurance Expert’s Breach-of-Duty Testimony Admitted
On May 19, 2023, Plaintiff John Gianacopoulos filed this action against Defendants Acuity, a mutual insurance company (“Acuity”), and Joyce Jackman & Bell, LLC (“JJB”), concerning a fire that occurred on September 12, 2022, at 1124 Saint Ann Street in Scranton, Pennsylvania (the “Scranton Property”). According to Plaintiff’s expert witness, James Stevenson, JJB breached its…
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Insurance Expert Was Allowed to Opine on Property Coverage Claims
Church Mutual renewed an insurance policy issued to Chabad of New Mexico on June 2, 2022, which covered certain real property owned by Chabad in Rio Rancho, New Mexico. The policy includes a vacancy condition providing that if a building has been vacant for more than 60 consecutive days before a loss, coverage is limited.…
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Insurance Expert’s Legal Opinions Excluded
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 underestimated the cost of repairs. The five (5) buildings considered “Covered Property” at issue in this litigation are identified as: (1) the…
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Insurance Expert Allowed to Opine on Claims Handling
This is an insurance coverage and bad faith action involving a water loss under a homeowners policy. Safeco issued a homeowners policy to Plaintiffs Tessa and Tyrell Bradley for the policy period from September 24, 2022, to September 24, 2023 (the “Policy”). The claim arose in December 2022, when the Bradleys reported that a hot…
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Insurance Expert Was Allowed to Opine on Damage Causation
This case involves allegations of underpayment and nonpayment under an insurance policy. Ategrity Specialty Insurance Company issued Policy No. 01-C-PK-P20064154-0 to 707 FWY Investments, LLC with effective dates of September 12, 2022, to September 12, 2023. Plaintiff leased out this structure to commercial tenants. The roof collapsed and then several severe rain and windstorms allowed…
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Construction Expert’s Opinions on Typical Overhead and Profit Margins Admitted
This litigation arises from hail damage to a hotel owned by Defendants, Merryton Bossier, LLC, Grace Chiao, and Hui Ping Lee (collectively, “Merryton”) in Bossier City, Louisiana, in 2020. Merryton engaged Stonewater Roofing LTD. Co., LLC to perform roof repairs, contingent upon insurance approval by Scottsdale Insurance Company (“Scottsdale”). After appraisers assessed the damage, Scottsdale…
