Tag: Coverage
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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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Safety Expert’s Testimony on Obscure Construction Safety Standards Admitted
In this commercial property damage insurance case, Plaintiff Prairie Walk Condominium Association sought to recover millions of dollars in benefits to repair damage to approximately fifteen buildings at its condominium complex resulting from a July 16, 2018, hailstorm, as well as treble damages for alleged unreasonable delay/denial of insurance benefits. Plaintiff disclosed as a retained…
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Experts Attempted to Present Legal Opinions Disguised as Industry Standards
Defendants 1536 Blue Jay Way, LLC and Michael Herman (collectively, Blue Jay Way) have brought claims against Defendant LMID, Inc. and others for negligence and negligence per se related to the renovation of a high-end home. Plaintiff Travelers has been defending its insured, Defendant LMID, Inc. (LMID), in state court since June 2020. Travelers has…
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Electrical Engineering Expert’s Testimony Addressing the Coverage Gap Admitted
Puerto Rico Telephone Company (“Plaintiff” or “Claro”) brought this suit against the Municipality of Aguada, Hon. Christian Cortés-Feliciano, in his capacity as Mayor of the Municipality of Aguada, and Wesley Vega, in his capacity as Planning Director of the Municipality of Aguada (“Defendants” or “the Municipality”), for alleged violations of Federal Telecommunications Act of 1996…
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Insurance Adjuster Expert Witness’ Testimony Admitted Despite Methodological Deficiencies in Gathering Prices
Plaintiff Ram Krishana Inc., a Louisiana business owned by Mukesh and Kailash Zaveri, operated as Motel 6 (“Hotel Property”) at 2022 Ruth Street, Sulphur, Louisiana. ANK Holdings, LLC, a Louisiana limited liability company with the same Mukesh and Kailash Zaveri as its only members, owned a restaurant (“Restaurant Property”) at an adjoining address. Defendant Mt.…
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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 Coverage Expert Witness Not Allowed to Opine on the Specific Costs He Identified in his Estimate
In March 2019, Zeqa, the Plaintiff bought a two-story home on 3 acres in Lincoln Park, New Jersey, for $310,000. Before the purchase, an inspection revealed pre-existing water damage, which remained unaddressed after Zeqa took ownership. Hanover, the Defendant insured the property under a homeowner’s policy, covering the dwelling, personal property, and living expenses, with…
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Real Estate Appraisal Expert Witness’ Fair Market Value Testimony Admitted
Around 6:00 AM on April 16, 2022, a fire largely destroyed a two-story, wood frame house at 408 Oak St. in Saginaw, Michigan (the “Oak Street House”). Plaintiff Raphael Arnett owned the house, and Defendant Allstate Vehicle and Property Insurance Co. insured it. Two days after the fire, Plaintiff filed a claim with Defendant, seeking…
