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Bad Faith Expert Testimony

Cozen O'Connor

Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment

Cozen O'Connor on

In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what...more

Fox Rothschild LLP

Judge Andrews Grants Defendant’s Motion To Strike Plaintiff’s Untimely Disclosed Theories Of Patent Infringement In Opening Expert...

Fox Rothschild LLP on

By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring...more

Jaburg Wilk

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

Jaburg Wilk on

The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more

Jaburg Wilk

Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case

Jaburg Wilk on

The Holding - In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of...more

Butler Weihmuller Katz Craig LLP

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Pullman & Comley, LLC

Ask the Experts About Bad Faith; Just Be Careful How You Do It

Pullman & Comley, LLC on

In bad faith cases, juries must often decide if the way an insurer processed a claim lacked a “reasonable” basis. Courts have consistently held that experts can help—by explaining how a claim is supposed to be handled. The...more

Saul Ewing Arnstein & Lehr LLP

Western District of Texas: An Expert Must Base a Determination of Bad Faith on the Facts Available to the Insurer When it Acted

Falcon v. State Farm Lloyds, No. 1:12-CV-491-DAE, 2014 WL 2711849 (W.D. Tex. June 16, 2014) - The Western District of Texas finds that a policyholder’s expert witness is not qualified to opine when he does not...more

Cozen O'Connor

Alabama Supreme Court Corrects the Perception that Alabama Law Contemplates Two Bad Faith Torts

Cozen O'Connor on

In Brechbill v. State Farm Fire & Cas. Co., No. 1111117, ___ So. 3d ___, 2013 WL 5394444, 2013 Ala. LEXIS 126 (Ala. Sept. 27, 2013), the Alabama Supreme Court held that there is only one, as opposed to two, causes of action...more

Katten Muchin Rosenman LLP

Delaware Court Awards Attorneys’ Fees for Opposition’s Bad Faith Litigation Conduct

The Delaware Court of Chancery recently held that a prevailing party in a lawsuit may be awarded attorneys’ fees when the opposing party engaged in bad faith litigation tactics, even when the prevailing party does not...more

Cozen O'Connor

Pennsylvania Federal Court Precludes Testimony of Proposed Bad Faith Expert for the Second Time

Cozen O'Connor on

In the recent decision of Schifino v. GEICO General Ins. Co. et al., 2013 WL 2404115 (W.D.Pa. 2013), and for the second time in less than a year, the district court for the Western District of Pennsylvania precluded a...more

Carlton Fields

The Use And Misuse Of Expert Testimony In Bad Faith Actions

Carlton Fields on

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more

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