Expert Witnesses on Bad Faith were part of the Policyholder's Proof that did not convince the Court in Download WMS Industries, Inc. v. Federal Insurance Co. (S.D. Miss. Opinion Filed August 4, 2009).
The Court found in that First-Party Bad Faith Case brought under Mississippi substantive law, that the Policyholder "failed to establish that Federal, or its agents acted willfully, maliciously, or with reckless disregard" for the Policyholder's rights. Accordingly, the Court did not assess Bad Faith Punitive Damages under Mississippi Insurance Law. Download WMS Industries, Inc. v. Federal Insurance Co. (S.D. Miss. Opinion Filed August 4, 2009), attached Official Slipsheet Opinion at 20-21.
With regard to the Policyholder's "two bad faith experts" in particular, the Federal Judge in that case wrote that "[t]he Court ruled on the motion to exclude [one of them] on the record." A review of the entire online Docket of this case failed to reveal any ruling on the motion to exclude that Expert Witness. Perhaps the ruling was made "on the record" at Trial and is thus contained instead in the Trial Transcript. Presumably, the "motion to exclude" was granted, because the Court did not refer to any testimony given by that Expert.
As to the other of the "two bad faith experts," the Court ruled on "the outstanding motion to exclude [that Expert, holding that] the Court's conclusion regarding bad faith renders that motion moot. The Court as the finder of fact was not persuaded by his testimony." Download WMS Industries, Inc. v. Federal Insurance Co. (S.D. Miss. Opinion Filed August 4, 2009), at 20-21 n.15.
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Posted by: Account Deleted | December 29, 2009 at 04:07 AM