**Author's Note: If you have reached this blog through a list that carries advertising, your computer may or may not be put at risk either through the list or through the advertising. I do not accept or authorize any commercial advertising of any kind on any list or post. Placing commercial advertisements with or near any of my web log posts is prohibited. Further, I do not recommend any products or services advertised with or near any of my posts or any list of my posts.**
See the previous post here on February 10, 2010, "Expert Witnesses on the Handling of Property Insurance Claims".
In a recent ruling, a United States District Judge applied settled Federal Law to permit the Opinion Testimony of an Expert Witness "regarding damage to and replacement of windows and sliding glass doors" in Download Vision I Homeowners Ass'n v. Aspen Specialty Ins. Co. (S.D. Fla. Case No. 08-81211, Opinion Filed December 28, 2009), attached Official Slipsheet Opinion at 4. In reaching this ruling, the Federal Judge reviewed the Federal Law surrounding the admissibility of Expert Witness Opinion Testimony and held that it "is reliable and relevant, and thus admissible, when: (1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable; and (3) the testimony will assist the trier of fact." Download Vision I Homeowners Ass'n v. Aspen Specialty Ins. Co. (S.D. Fla. Case No. 08-81211, Opinion Filed December 28, 2009), at 2-3.
The admissibility and use of Expert Witness Opinion Testimony in all kinds of cases, including Insurance Cases, are addressed in both ยงยง 8:17 and 12:18 by Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" (Second Edition Shepard's/McGraw-Hill; 2009 Supplement Thomson/West Publishing Company).
Please Read The Disclaimer.
Comments