6 results for 'cat:"Evidence" AND cat:"Insurance" AND cat:"Experts"'.
J. Tostrud makes rulings on six of the insurer's motions in limine in its declaratory-judgment suit related to child sexual abuse by its insured's priest. A single motion in limine brought by the priest's alleged victims seeking to exclude evidence of two prior alleged acts by the priest from the 1960s is denied, since while they did not cause physical injury they are nevertheless relevant to showing whether future sexual abuse was substantially probable.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 20, 2024, Case #: 0:20cv2261, NOS: Insurance - Contract, Categories: evidence, insurance, experts
J. Ashe denies summary judgment to an insurer on its refusal to cover a church's hurricane-related coverage request for a full replacement of its approximately 42,300 square-foot roof, including a warehouse. The insurer has failed to sustain its burden of demonstrating there are no disputed issues of material fact concerning whether the building needs an entire roof replacement. As to the church's bad-faith claims, genuine issues of material fact remain with respect to the timely payment of undisputed amounts, and the timeliness and sufficiency of the insurer's investigation and adjustment of the church's insurance claim.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: February 8, 2024, Case #: 2:22cv3130, NOS: Insurance - Contract, Categories: evidence, insurance, experts
J. Hicks grants a request by an insurance company dismissing bad-faith claims brought by their insureds, two Shreveport homeowners, arising from alleged roof damage caused by hail. The ruling finds no evidence exists to support a finding that the insurer acted arbitrarily or capriciously. Specifically, the homeowners have not submitted any evidence that shows that their insurer did not have a legitimate question as to whether the damage may have been caused by wear and tear. On the contrary, the insurer submitted evidence that shows that once the litigants reached an undisputed figure of $311,117, the insurer issued payment to the homeowners within the statutory time frame.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: August 18, 2023, Case #: 5:20cv634, NOS: Insurance - Contract, Categories: evidence, insurance, experts
J. Breen denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract case involving a home fire. The court notes that the company's arguments speak to "the accuracy of the conclusions, not to the reliability of the testimony." The expert, who is an insurance consultant and property adjuster, inspected the property and "conducted a 3-D scan of the dwelling."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 20, 2023, Case #: 1:22cv1079, NOS: Insurance - Contract, Categories: evidence, insurance, experts
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