An Expert Witness who offered only Bad Faith Testimony was excluded from testifying in a solely Breach of Contract Case, in Royal Bahamian Ass'n v. QBE Insurance Corp., Download Royal Bahamian Ass'n v. QBE Insurance Corp. (S.D. Fla. Case No. 10.21511, Omnibus Order of U.S.M.J. Goodman, Filed October 25, 2010) PUBLIC ACCESS also published as 2010 WL 4179312 (S.D. Fla. October 25, 2010)(Goodman, U.S.M.J.), a case filed in May, 2010 that has already offered many opportunities for Insurance and Expert Witness rulings.
The Magistrate Judge in this case involving Florida substantive law, applied the settled rule that "evidence of an insurance company's claims handling procedures is irrelevant to the determination of coverage and damages. [Citations omitted.] These procedures are only relevant to a claim of bad faith." Royal Bahamian Ass'n v. QBE Insurance Corp., 2010 WL 4179312 at *1.
This case involved only a Breach of Contract Claim. "Evidence pertaining to QBE's handling of the claim at issue, and indeed all other handling practices and claims, is irrelevant." Id. at *2.
For these reasons, the Court in this case also granted the Defendant Insurance Company's Motion in Limine in this regard, to Prevent Plaintiff from Presenting Any Evidence or Testimony Regarding Alleged Bad Faith, Lack of Good Faith or Improper Claims Handling or Claim Practices of QBE or Its Representatives with Regard to this Claim .... See id. at *1, *3 & n.1.
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