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
Tag: expert testimony
Professor Stempel’s Expert Testimony for Insurer Excluded
Tred R. Eyerly | Insurance Law Hawaii | August 14, 2019 The court denied Daubert motions for several experts with the exception of Professor Stempel’s expert testimony opining that the insurer did not act in bad faith Adell Plastics, Inc. v. Mt. Hawley Ins. Co., 2019 U.S. Dist. LEXIS 102942 (D. Md. June 19,… Continue reading Professor Stempel’s Expert Testimony for Insurer Excluded
Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1
Alan J. Lazarus | Drinkler Biddle & Reath | July 1, 2019 The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye has become outmoded and anachronistic in an era of dizzying technological and scientific… Continue reading Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1
Claim Denied? Why Picking the Wrong Expert Can Cost You
Ian Dankelman | Property Insurance Coverage Law Blog | June 2, 2019 Picking the right expert has never been more important when fighting an insurance company that has wrongfully denied an insurance claim. The rule for expert admissibility has just changed in Florida and the same concerns about experts apply everywhere. Under the Frye test, a party… Continue reading Claim Denied? Why Picking the Wrong Expert Can Cost You
Fire Consultants Cannot Base Opinions on Speculation
Christopher Konzelmann | The Subrogation Strategist | April 3, 2019 Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a neighboring business. Fire investigators could not enter the building… Continue reading Fire Consultants Cannot Base Opinions on Speculation