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October 19, 2011

Title Insurance Lawyer's Legal Conclusions Not Admissible Expert Opinions.

   In an opinion nearly as long as the Texas Panhandle, a Federal Magistrate Judge in Texas held that a Title Insurance Lawyer could not testify to legal conclusions, not even as an Expert Witness offering 'Opinion' testimony.  Fidelity Nat'l Title Insurance Co. v. Doubletree Ptrs., L.P., 2011 WL 4715174 *6-*7 (E.D. Tex. October 5, 2011), Download Fidelity Nat'l Title Insurance Co. v. Doubletree Ptrs., L.P. (E.D. Tex. Case No. 4.08 CV 243, Memorandum Opinion and Order Filed October 5, 2011) PUBLIC ACCESS.  This holding is consistent with the overwhelming majority, perhaps universal view, that an Expert Witness is not permitted to testify to legal conclusions.

   Another consistent holding in this case came after a finding (or holding) of no Insurance Coverage.  Under Texas law, there could be no actionable breach of the implied Duty of Good Faith and Fair Dealing without a breach of the Insurance Contract.  Id. at *18.

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Posted by on October 19, 2011 at 03:55 AM in Contract , Experts in Insurance Cases, Title Insurance |

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