Michael Kranzler and Krithika Venugopal | Chartwell Law Where an insured does not fulfill his or her contractual duty to provide prompt notice and an insurer claims it was prejudiced as a result, Florida courts apply a two-step analysis to determine the impact of the notice. Courts determine whether (1) the insured’s notice was late… Continue reading Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide
Category: Expert Witness
De Bene Esse Depositions: A Trial Testimony Insurance Policy
Susan Dent and Pamela Schultz | Kennedys In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are… Continue reading De Bene Esse Depositions: A Trial Testimony Insurance Policy
Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Cianan Lesley and Brian Scarbrough | Jenner & Block The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023), offers important guidance for practitioners in insurance coverage cases faced with offering new or… Continue reading Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Proposed Changes to Federal Rule of Evidence on Expert Witness Testimony
Marisa T. Darden and Jay Thomas | Squire Patton Boggs Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side’s expert witnesses. The success of these motions in federal cases is controlled by the Federal Rules of Evidence (“FRE”), which stipulate that expert testimony… Continue reading Proposed Changes to Federal Rule of Evidence on Expert Witness Testimony
Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii Given the opposing experts’ contradictory reports, the court denied both the insured and insurer’s motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022). The insured had a swimming… Continue reading Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment