Theodore Babbitt | Searcy Denney Scarola Barnhart & Shipley In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer discoverable. That Court did not, answer the question of whether the same… Continue reading What is the Status of Discovery of an Expert Witness Relationship?
Tag: expert witness
Reliance On Expert Opinions Demonstrates Reasonableness
Burns White The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer immediately conducted an investigation into the insured’s claim by hiring two professionals, and reasonably relied on the professionals’ opinions when denying the insured’s claim. See Covenant Realty v. Westminster American Ins. Co., 2021 WL… Continue reading Reliance On Expert Opinions Demonstrates Reasonableness
No Bad Faith When Insurer Relied on Opinion of Independent Consultant
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
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