Production of an incomplete Expert Report does not answer Interrogatories. This holding came in a Property Insurance Case for Hurricane Wilma Damages: Download 2000 Island Blvd. Condo. Ass'n v. QBE Insurance Corp. (S.D. Fla. Case No. 11.20247, Order Filed July 25, 2011) PUBLIC ACCESS, also published as 2011 WL 3441621 *1 (S.D. Fla. July 25, 2011)(Altonaga, United States District Judge).
The following is a paraphrasing of the Interrogatories at issue in that case, while retaining the numbering used in a set of Interrogatories propounded by the Property Insurance Company to the Plaintiff Condominium Association:
2. Provide detailed information about each building component included in Plaintiff's claim, including whether the damaged components were repaired or replaced, who repaired or replaced them, the dates and costs of such repair or replacement, the ages or conditions of the components before the Hurricane, and whether there were discussions concerning repairing or replacing these components before the Hurricane struck.
5. Provide names and addresses of unit owners, management, and maintenance personnel.
7. Provide names and addresses of the persons who inspected and evaluated the property for damage.
The Plaintiff Condominium Association was ordered to answer each of these Interrogatories in this case. The Plaintiff's response included the assertion that its Experts were still putting their Reports together and that the Plaintiff would provide the Expert Reports which, the Plaintiff submitted, would provide the Defendant Insurance Company with the information it was seeking through these Interrogatories. The Federal District Judge specifically held that "Plaintiff cannot hide behind an incomplete expert report to deny QBE the information it seeks." 2000 Island Boulevard Condominium Ass'n v. QBE Insurance Corp., 2011 WL 3441621 at *1.
The 22nd Annual Bad Faith Litigation Conference of the American Conference Institute is being held in 2011 in Orlando, Florida. The author will be speaking. As a result, the ACI will offer you a large discount if you choose to register for the Conference. In order to register and receive this discount from the ACI, contact Amanda Waltmon, Esquire, Legal Analyst and Program Director at the ACI on or before September 15, 2011. Her direct dial is 212.352.3220, ext. 5231 or send Ms. Waltmon an EMail at [email protected]. Here is a link to the American Conference Institute Website Page which features this Conference including registration, if you or anyone you know would like to attend.
Please Read The Disclaimer.
Comments