7 results for 'cat:"Insurance" AND cat:"Damages" AND cat:"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
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
J. Cain awards more than $2 million, including attorney fees, to a Louisiana church after finding that its insurer acted in bad faith in its adjustment of a hurricane damage claim. Most of the insurer’s expert's report is "not credible" and the court gives very little weight to her opinions and assessment of damages. It is “incredible” that the insurer’s expert would not be able to report the correct wind speeds for Hurricane Laura “almost three years post-storm considering the abundance and ease of finding that information.”
Court: USDC Western District of Tennessee , Judge: Cain, Filed On: September 8, 2023, Case #: 2:21cv4014, NOS: Insurance - Contract, Categories: insurance, damages, experts
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J. Cain grants partial summary judgment to an insurance company in a breach of insurance contract by two southwestern Louisiana homeowners who allege their carrier’s payments for damages from Hurricane Laura in 2020, were inadequate and untimely. Specifically, the insurer seeks summary judgment on its argument that the insured may not recover repair costs in excess of the $72,292 for which they have submitted proof and may not rely on estimates to prove the amount of damages for any repairs that have been completed. The homeowners both testified, however, that certain repairs have yet to be addressed, including the garage, attic and kitchen. They have therefore created an issue of fact as to the completion status of repairs. They are limited to the costs reflected in their invoices for completed repairs but may rely on estimates for other work.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 3, 2023, Case #: 2:22cv1381, NOS: Insurance - Contract, Categories: insurance, damages, experts