A Policyholder's Meteorologist Expert "shall be limited to his expertise as a meteorologist," it was held in Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed December 2, 2009), attached Official Slipsheet Opinion at 3. This is the full holding of the Federal Court in this regard:
Defendant specifically wants to preclude testimony by Mr. Branscome regarding damages to the building resulting from Hurricane Wilma or that Hurricane Wilma was a costly hurricane. The Court finds that Dr. Branscome may not testify regarding damages resulting from Hurricane Wilma. Dr. Branscome's testimony shall be limited to his expertise as a meteorologist.
Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed December 2, 2009), at 3. [Emphasis added.]
More recently, in another ruling in the same case, the Plaintiff Policyholder's roofing contractor Expert Witness "should be precluded from testifying regarding meteorological conditions or data." Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed January 5, 2010), attached Official Slipsheet Opinion at 6. [Emphasis added.]
Evidentiary and Discovery issues addressed by the Courts concerning Expert Witness Testimony in Insurance Cases are addressed by Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" § 8:17 (Third-Party Cases) and § 12:18 (First-Party Cases) (Second Edition Shepard's/McGraw-Hill; 2009 Supplement West Publishing Company), including issues arising in general in Insurance Cases in which Dennis Wall is frequently retained to provide Expert Witness Services.
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