David Adelstein | Florida Construction Legal Updates On a construction project, it’s hard to argue that the involved parties — whether an architect, engineer, contractor, subcontractor, developer, etc. — are not experts in their field, i.e., they all some scientific, technical, or specialized knowledge or skill particular to their industry. However, this does NOT mean when they testify… Continue reading Just Because I May be an “Expert” Does Not Mean I am Giving Expert Testimony
Tag: Expert Opinion
Admissibility of Expert Opinions in Insurance Bad Faith Trials
David McLain | Colorado Construction Litigation| October 8, 2019 In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued… Continue reading Admissibility of Expert Opinions in Insurance Bad Faith Trials
Motion to Strike Insurer’s Expert Opinion Granted
Tred R. Eyerly | Insurance Law Hawaii | June 19, 2019 The court granted the insured’s motion to strike the testimony of the insurer’s expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20, 2019). … Continue reading Motion to Strike Insurer’s Expert Opinion Granted
Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel | January 16, 2019 In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based upon their expert’s opinions and the proof required… Continue reading Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding
Florida Decides Against Adopting Daubert
Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert