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... TO CLAIM OF ALLEGED BAD FAITH IN SETTLEMENT "ISSUE OF WHETHER THERE WAS REALLY A REALISTIC POSSIBILITY OF SETTLEMENT." Download Kearney v. Auto-Owners Insurance Co. (M.D. Fla. Opinion Filed November 5, 2009), also published as Kearney v. Auto-Owners Insurance Co., 2009 WL 3712343 *3 (M.D. Fla. November 5, 2009).
After repeating this holding that was reached in previous cases decided under Florida Insurer Bad Faith Law, the Court noted its agreement "that such evidence is relevant and would not be pure speculation". Nonetheless, the Court also advised the parties that it preferred to wait until the actual Trial, at which time specific objections could be made and ruled upon. The Court in this case accordingly denied the Policyholder's motion to exclude the Opinion Testimony of Expert Witnesses regarding motives or state of mind, in which the Policyholder announced his anticipation that the defendant insurance company "will attempt to introduce expert testimony regarding the motives of his counsel". Kearney v. Auto-Owners Insurance Co., 2009 WL 3712343 *3 (M.D. Fla. November 5, 2009). [Emphasis added.]
There is an interesting post on Insurance Claims and Issues Web Log on March 25, 2010 which addresses Expert Witnesses in Insurance Cases.
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