In Hamilton v. Bayer Healthcare Pharm. Inc., No. CIV-18-1240-C, 2019 WL 5295201 (W.D. Okla. Oct. 18, 2019), nationally renowned insurance expert Allen Windt was not permitted to testify to opinions on Oklahoma insurance bad faith because his opinions were not tailored to the rulings of Oklahoma law. The Court in this case granted the non-retaining party's motion to exclude his testimony because as a result, his testimony was not reliable. Hamilton, 2019 WL 5295201, at *1. This ruling came despite Mr. Windt's book on insurance which included Oklahoma law cases:
Mr. Windt relies on a book he authored as the legal basis for his opinions. To be sure, that book references Oklahoma law. However, it also references the law of other states and that law often conflicts with Oklahoma law. Mr. Windt makes no effort to refine his opinions so that they are based solely on the law applicable to this matter. Accordingly, Mr. Windt will not be permitted to offer expert testimony at trial.
Hamilton, 2019 WL 5295201, at *1.
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