News & Analysis as of

Expert Testimony Property Insurance

Carlton Fields

Eleventh Circuit Finds No “Direct Physical Loss” to Dust-Covered Restaurant that Merely Required Cleaning

Carlton Fields on

As the COVID-19 pandemic continues, so does the deluge of litigation stemming from property insurers’ denials of COVID-19 business interruption claims. Much of the debate between carriers and policyholders concerns whether...more

Haight Brown & Bonesteel LLP

Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions

In Fadeeff v. State Farm General Ins. Co. (No. A155691, filed 5/22/20 ord. pub. 6/8/20), a California appeals court held that triable issues of fact and the trial court’s failure to address a request for a continuance...more

White and Williams LLP

Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an...

In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the...more

White and Williams LLP

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

Carlton Fields

An Expert Is Only As Good As His Actual Experience

Carlton Fields on

Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. ...more

Zelle  LLP

Foiling the Expert Battle in First-Party Property Cases

Zelle LLP on

Every litigator knows the term “battle of the experts.” This is commonly heard in first-party property cases. Usually the term suggests uncertainty, i.e. that the jury will hear both sides’ experts and simply pick one. But...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to 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

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