7 results for 'cat:"Insurance" AND cat:"Damages" AND cat:"Experts"'.
J. Doughty denies summary judgment to State Farm in a coverage dispute with a homeowner, who is allegedly ill from dementia, on grounds she failed to comply with her policy. State law requires an insurer to timely pay the undisputed portion of a policyholder’s claims. While State Farm has doubts regarding the cause of the damage, a jury may very well find it arbitrarily refused to pay the undisputed portion of the damages.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: July 18, 2024, Case #: 1:22cv6046l, NOS: Insurance - Contract, Categories: insurance, damages, experts
J. Perry partially reverses the trial court's judgment in a complaint alleging that the insurer for the dump truck driver's employer had a duty to cover the tanker truck driver's losses in an accident. The tanker truck driver presented sufficient expert opinions to show that the accident was the proximate cause of his injuries and that surgery was medically necessary for his health following the accident. While the trial court correctly entered a $3.17 million judgment in conformity with the jury's verdict for the driver's claims, it incorrectly reduced the driver's wife's award for loss of consortium by $100,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: June 26, 2024, Case #: CA-23-689, Categories: insurance, damages, experts
J. Starrett partly grants an insurance company’s motion to exclude testimony from an insurance attorney as an expert witness, finding the witness is qualified to give an opinion, but certain parts of the testimony "will not be helpful to the trier of fact" or constitute legal conclusions.
Court: USDC Southern District of Mississippi , Judge: Starrett, Filed On: June 4, 2024, Case #: 2:23cv72, NOS: Insurance - Contract, Categories: insurance, damages, experts
J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: insurance, damages, experts
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J. Jolivette Brown denies a request by insurers to exclude the damage estimates of a certified public accountant for a high school suing a flooring company for fire damage to its gymnasium. The insurers argue a reasonable juror is capable of adding numbers and calculating the soft costs element, which requires one act of multiplication to obtain a 10% sub-amount. While a jury may be capable of adding and multiplying numbers, the fact that a “soft costs” calculation requires a 10% sub-amount is not within the common knowledge of lay person. As such, the expert’s testimony will assist the jury.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: March 8, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: insurance, damages, experts
J. Africk grants a request by a storm-displaced family, allowing them to add an expert appraisal umpire to their suit against an insurance company even though the family has not explained their failure to adhere to a court deadline. Because two other experts have been excluded, the testimony of the appraisal umpire is “significant.” Although the amendment to the witness list is close to trial, the insurer does not identify specific harm that would be caused by allowing the appraisal umpire to testify.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: October 11, 2023, Case #: 2:23cv218, NOS: Insurance - Contract, Categories: insurance, damages, experts