10 results for 'cat:"Insurance" AND cat:"Experts" AND cat:"Discovery"'.
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Rodriguez grants the real estate company's motion to substitute an expert witness in its lawsuit over an insurance payment for damage and repair to the real estate company's property. The company's original expert witness became unavailable due to his wife's health issues more than a month after his timely designation, which was outside of the company's control. The deadline to designate expert witnesses is granted for the sole purpose of allowing the company to redesignate this expert.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: December 6, 2023, Case #: 3:22cv1789, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Bell partially grants a consumer’s motion to stay his case against an insurance company, specifically to pause proceedings into early 2024 so that discovery can be completed. However, the consumer is denied a stay of unspecified length based on an unresolved underlying state court case as the company is not party to it. Also, for its part, the company also never took the opportunity to depose the consumer’s expert witnesses even though it had knowledge of them, which is another reason for the pause in proceedings.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 8, 2023, Case #: 5:22cv73, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Brown denies the insurance companies' motion to exclude the insurer's untimely identified medical expert in her complaint seeking recovery for injuries and property damages she allegedly sustained in a motor vehicle collision. Because the insured has not yet reached maximum medical recovery, a brief continuance of the pre-trial deadlines and trial date is appropriate to allow her to complete her medical treatment, reach maximum medical recovery, and for the parties to complete discovery on damages.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: October 25, 2023, Case #: 2:22cv2969, NOS: Motor Vehicle - Torts - Personal Injury, Categories: insurance, experts, discovery
J. Snyder grants in part a homeowner’s motion in limine in an insurance coverage dispute regarding claims for damage caused to her home by fire, ash and rain. The insurer is precluded from arguing that a basement wall claim was the basis for the homeowner’s claim. Evidence of claims by other insureds is inadmissible. Undisclosed expert witnesses are excluded. One expert is precluded from offering engineering opinions or opinions on whether the engineering reports have merit.
Court: USDC Central District of California, Judge: Snyder, Filed On: October 20, 2023, Case #: 2:21cv172, NOS: Insurance - Contract, Categories: insurance, experts, discovery
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J. Africk grants a couple’s belated request to add an expert witness to their suit against their insurance company alleging that inadequate compensation for their losses from Hurricane Ida in August 2021 have left them displaced from their home more than two years later. Although amendment of the witness list would be close to the date of trial, the insurer does not identify specific harm that would be caused by permitting the testimony of the expert, a neutral appraisal umpire. Further, the exclusion of other litigant experts renders the umpire’s testimony “significant" to the homeowners' case.
Court: USDC Western District of Louisiana , Judge: Africk, Filed On: September 26, 2023, Case #: 2:23cv218, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Dein denies some motions from both parties in an individual's lawsuit against three insurance companies for unfair insurance claim settlement practices. The individual's motions to strike certain factual allegations and part of two experts' reports is denied, but his motion to withdraw a report is allowed. The insurance companies' motions to strike the individual's memorandum is denied but their motion to strike his statement of undisputed facts and memorandum of law is partially allowed and their motion to include an appeals court decision regarding the individual's post-trial fraud is allowed.
Court: USDC Massachusetts, Judge: Dein, Filed On: September 12, 2023, Case #: 1:20cv10652, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Huntsman denies the insurance company's motion to quash portions of a document subpoena in this lawsuit concerning the insurance claim on an automobile accident. The insurance company conceded that the requested materials are relevant in its prior argument to the court seeking documents from another non-retained expert. Also, the company lacks standing to object to the burden of the request, which seeks certain financial records from the analyst.
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: July 27, 2023, Case #: 4:22cv369, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Howell allows the expert opinions and testimony of a forensic accountant in an insurance dispute over storm damages allegedly caused to an apartment complex by Winter Storm Uri in 2021. The insurance company argues that the expert was not accurately gauging the valuation and occupancy rate of the apartment, but while there are "obvious flaws" in some of the expert's opinions, that by itself "does not render them inadmissible."
Court: USDC Western District of Texas , Judge: Howell, Filed On: July 24, 2023, Case #: 1:22cv735, NOS: Insurance - Contract, Categories: insurance, experts, discovery
J. Bourgeois grants requests by a physician and an orthopedic clinic, quashing an insurer’s subpoenas for 25 of 27 categories of documents. The ruling finds good cause to protect both clinic and the physician, a litigant’s rebuttal expert in a personal injury case, from the insurer’s overly broad and burdensome requests. The physician, under penalty of perjury, estimates that compliance with one request would require him to spend at least 30 minutes reviewing over 4,000 individual patient charts at his standard fee of $2,000 per hour (i.e. over $4 million). Requiring the production of documents sought for the sole purpose of providing potential statistical evidence to undermine the medical expert’s bias and credibility would be overly burdensome and disproportionate to the needs of the case.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: June 1, 2023, Case #: 3:22cv153, NOS: Motor Vehicle - Torts - Personal Injury, Categories: insurance, experts, discovery