Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130… Continue reading No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Tag: expert witness
Avoid ‘Glass Houses’ Arguments When Comparing Experts
Dr. Ken Broda-Bahm | Holland & Hart …and they are going to be bringing Dr. Smith up here to tell you that their theories are true. But when they do, remember who is paying Dr. Smith to be their hired gun and to offer that testimony. And what about the experts hired by the side making that… Continue reading Avoid ‘Glass Houses’ Arguments When Comparing Experts
Assess Whether Your Witness Is Able to Counterpunch
Dr. Ken Broda-Bahm | Holland & Hart Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to your case. But for other witnesses, testimony is an… Continue reading Assess Whether Your Witness Is Able to Counterpunch
Sanctions Award Against Pro Se Plaintiff Upheld
Tred R. Eyerly | Insurance Law Hawaii The plaintiff’s failure to timely name an expert witness in his bad faith action led to sanctions being awarded against him in favor of the insurer. Black v. Fireman’s Fund Ins. Co., 2020 Cal. App. Unpub. LEXIS 2477 (Cal. Ct. App. April 23, 2020). After… Continue reading Sanctions Award Against Pro Se Plaintiff Upheld
Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants
Amandeep S. Kahlon | Bradley Arant Boult Cummings Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible can prove fatal to your claim or defense. States may vary in their requirements for admissibility… Continue reading Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants