Insurance Expert May not Testify About Causation or the Law

0
4χλμ.

An Expert Witness May Not Testify Outside his Field of Expertise

Read the full article at https://lnkd.in/gA_EZQrY and at https://zalma.com/blog plus more than 3950 posts.

For more than a decade I have testified as an insurance claims expert. I have never, however, even considered testifying about the cause of a loss or engineering about which I know nothing. Erie Insurance Property and Casualty Company, d/b/a Erie Insurance Group’s (“Erie”), faced with an insurance expert who proposed to testify about the law of the case and the cause of a loss, moved in limine to exclude Plaintiff’s expert Vince King from offering testimony regarding the cause of Plaintiff’s alleged damages and from offering opinion testimony as to the law of the case. The USDC found it necessary to limit the proffered testimony of an insurance expert.

This case involves an insurance coverage dispute for property damage at Plaintiff Richard Ferguson’s home in Putnam County, West Virginia. Plaintiff alleged that his home sustained damages to the foundation walls through the blasting operations of Bizzack Construction, LLC during its road construction activities in 2017-2018.

The admissibility of expert testimony in court proceedings is governed by Rule 702 of the Federal Rules of Evidence and is relevant if: “(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.”
Expert Testimony on Causation

It is undisputed that Vince King is not a qualified engineer and cannot, as he did in his depositions, volunteer opinions regarding grout shrinkage or causation. He is similarly not qualified to offer opinions as to what investigation was necessary for a structural engineer to determine whether grout shrinkage had occurred, because he has no expertise in this area.

Hoowever, Mr. King should be permitted to testify as to the analysis an insurance company should follow in determining coverage. This may implicate Ms. St. Clair’s conclusions, but if Mr. King attempts to testify as to causation or her scientific findings, this Court can rule on objections during trial as to particular questions that may be improper.
Mr. King may testify as to applicable insurance practice and standards. However, he may not testify as to the causation of the damage, or the scientific underpinnings of Ms. St. Clair’s report. Similarly, he must not opine on the law underlying the case. Within the scope of these limitations however, Mr. King may testify.

Since Erie just denied the claim, did not cause the policy to be void, and only denied the claim because the cause of loss was not due to an enumerated peril that was not excluded. Underwriting – whether original or after a loss – is irrelevant to the issues and he should be precluded from testifying about a concept that is not at issue.

© 2021 – Barry Zalma

Προωθημένο

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Αναζήτηση
Κατηγορίες
Διαβάζω περισσότερα
Politics
NO 1 BELIEVES THIS...
https://twitter.com/BarnettforAZ/status/1372949012580421632?s=19 The left  &  media...
από Kate 4u2c 2021-03-20 15:22:50 0 4χλμ.
άλλο
Fraud by Licensed Paramedic Can Lose his License
Fraud by Licensed Paramedic & Criminal Conduct Can Result in Removal of License  Failure...
από Barry Zalma 2022-02-02 13:43:59 0 4χλμ.
Politics
The future is bright, but not in the way the election thieves think it is bright.
Surely it was not anyone under 40, maybe 30, but many of us over that age have had this "back of...
από Scarecrow III 2021-01-26 12:59:36 0 4χλμ.
Politics
the Weaponosation of mental health
Earlier I posted an article focusing on the likely use of psychoneurotic trait characterisations...
από Scarecrow III 2020-10-06 09:22:34 0 4χλμ.