This case makes number 11. Part of a continuing series. The last post was on Insurance Claims and Bad Faith Law Blog on Tuesday, February 28, 2012. For the previously developed rules of law and judicial decisions on these issues, see generally as to Liability Insurance Cases, volume 1 Dennis J. Wall, Litigation and Prevention of Insurer Bad Faith § 8:17 (West Publishing 3d ed. 2011; 2012 Supplement in process), and see generally as to all types of First-Party Insurance Cases, volume 2 id. § 12:18.
Totality of the Case: Expert Can Testify Regarding Total Damages Only, Without Limitation to Any Part Thereof Which Might Actually be Covered by Insurance.
In Sheffield Woods at Wellington Condominium Association, Inc. v. Scottsdale Insurance Co., 2011 WL 7069785 *1 (M.D. Fla. March 7, 2011), Download Sheffield Woods at Wellington Condo. Assn v. Scottsdale Ins. Co. (M.D. Fla. Case No. 8.09cv1148, Order Filed March 7, 2011) PUBLIC ACCESS, the Defendant Insurance Company argued that the Plaintiff Condominium Association "should be precluded from presenting expert testimony regarding the amount of damage to the Property," since the Plaintiff's experts could not tie the Damages down to a particular timeframe which would have fallen during the subject Policy Period.
The District Court disagreed with that position in this case. The Plaintiff's Expert would not be precluded from testifying to Opinions about the total Damage incurred by the Plaintiff, even if, as the Court agreed, "that it would be difficult, if not impossible, for anyone to give a reliable opinion regarding the amount of damage to the Property that occurred in any one or more specific past years or periods". Id. PACER, the online docket of the Federal Courts, reveals that the parties filed a notice of settlement on March 10, 2011 and that the Court accordingly granted the parties' joint motion to dismiss with prejudice on April 4, 2011.
Part of a continuing series. To be continued ....
Please Read The Disclaimer.
Comments