Tag: Estimate
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Economics Expert Witness Allowed to Calculate the Plaintiff’s Decreased Earning Capacity
This matter arises from an automobile accident in Valparaiso where one of the Plaintiffs, Terry Larson, sustained serious injury. His wife, Jayne, also seeks damages for a loss of consortium. Larson disclosed that he expected Stan Smith to testify “regarding the economic harm caused by the injuries that Plaintiff suffered as a result of the April…
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Economics Expert Witness’ Estimate of ED Treatment Utilization Deemed Reliable
Plaintiffs Molly C. and Naomi L. are beneficiaries of group health insurance plans administered by Defendant Oxford Health Insurance, Inc. (Oxford). Beginning in 2019, Plaintiffs were diagnosed with eating disorders, received outpatient nutritional counseling as part of their treatment, and submitted claims for that counseling to Oxford, which denied them on the ground that their…
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Civil Engineering Expert Witness’ Opinion that the Roof Requires Full Replacement is Not Mere Speculation
Plaintiff Franklin Square Condominium Owner Association alleged that a hailstorm on April 28, 2021, damaged its property at 817-831 Old Ranch Road 12, San Marcos, Texas 78666. Franklin Square filed a claim with its insurance company, Defendant AmGuard Insurance Company. Plaintiff alleged that AmGuard breached the insurance contract by failing to pay the full amount…
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Building and Construction Expert Witness’ Hurricane Damage Assessment Does Not Warrant Exclusion
It all started when Hurricanes Laura and Delta inflicted significant damage on Plaintiffs’ rental property on August 27, 2020, and October 9, 2020, respectively. Southern Fidelity Insurance Company (SFIC) insured the property at the time of the damage. However, SFIC subsequently declared bankruptcy, and the Louisiana Insurance Guaranty Association (“LIGA”) has since been substituted as…
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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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Business Valuation Expert Witness’ Financial Projections Admitted
Plaintiff American Northwest Distributors Inc. (“ANW”) was the Washington distributor of Four Roses bourbon, produced by Defendant Four Roses Distillery LLC (“Four Roses”), for about five years from 2015-2020. In 2020, after a pattern of late payments from ANW, Four Roses terminated the distribution agreement and switched to a competitor, Young’s Market Company, LLC (“Young’s…
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Insurance Expert Witness’ Testimony Admitted Despite Not Being Tied to Covered Loss
A district judge in Texas admitted the insurance expert’s testimony about the cost to repair or replace the damaged areas. This is a commercial property insurance coverage dispute arising from hail and wind damage to Plaintiff’s property located at Midland, Texas. Landmark insured the Property under a commercial policy. Landmark received notice that the Property…
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Experts cannot base their methods on personal experience unless it is proved to be a sufficient basis; Court excludes expert testimony on the cost of developing alleged trade secrets
This case was between Larada Sciences (the Plaintiff) and Pediatric Hair Solutions (PHS – the Defendant) in the United States District Court for the District of Utah. Larada manufactures devices that use heated air to treat head lice and licenses the devices to head lice treatment clinics. In 2015, Larada and PHS entered into license…
