Tag: Insurance
-
Insurance Expert Allowed to Testify Regarding Industry Customs and Practices based on Experience
Plaintiff Jose Verdecia sustained injuries after falling through the ceiling of his home. He claims these injuries and other damages resulted from a misrepresentation by State Farm’s adjuster, Marvin Johnson, who allegedly instructed him to inspect the attic for damage, implying that his claim would be denied otherwise. To support his case, Plaintiff retained Earl…
-
Insurance Law Expert Witness’ Testimony Does Not Survive the Rule 37 Challenge
A fire took place overnight at Tiffany Keen and Trevor Wogrin’s newly-purchased residence at 45100 County Road 1 in Parker (the “Home”), on June 5-6, 2022 (the “Fire”), causing damage. The Home was insured by a homeowner’s insurance policy issued by Allstate (the “Policy”). The Insureds submitted a claim to Allstate on June 6, 2022…
-
Law And Legal Expert Witness Improperly Speculates about the Defendant’s Motivation
This is an insurance bad faith case stemming from Westfield’s handling of a first-party property insurance claim following a fire. Plaintiffs JME Investments, LLC (“JME”) and Hiway Bar, LLC (“Hiway Bar”) (together, “Plaintiffs”) filed claims after a kitchen fire damaged their property on July 12, 2020. The fire burned a building owned by JME. Constructed…
-
Risk Management Expert Witness’ Testimony on Economic Injury Conditionally Admitted
In June 2008, USA experienced the collapse of the housing market and the worst financial crisis since the Great Depression. For homeowners who put down less than 20% for the purchase of their homes, most were required to purchase private mortgage insurance to protect their lenders in the event of default. Many of those private…
-
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…
-
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,…
-
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…
-
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.…
-
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,…
-
Scope of Damages Identified by Insurance Expert Witness Admitted
This suit arises from alleged damage to Plaintiff, Curt Marcantel’s primary residence in Lake Charles, Louisiana, and his ranch in Singer, Louisiana, during Hurricane Laura. At all relevant times the properties were insured under policies issued by State Farm. Plaintiff filed suit in this court on June 6, 2022, alleging that State Farm had not…
