In Decamp v. State Farm Fire & Cas. Co., No. 8:20-cv-1747-VMC-TGW, 2021 WL 4059906 (M.D. Fla. September 7, 2021), the District Judge reiterated that a lawyer can be an expert witness offering testimony in an insurance case. That case included not only insurance coverage questions, but questions surrounding fiduciary duties of the insurance carrier.
However, the Court also reiterated that no-one, in this case not even a lawyer retained by the insurance carrier, could testify to legal conclusions in the guise of expert opinions:
The Court agrees that [the lawyer-expert retained by the insurance carrier] may not opine as to whether payment of guardianship and special needs trust fees was required under the terms of the insurance policy. Nor may she provide other legal conclusions, such as what legal duties existed for State Farm.,,,
Having determined that [the lawyer-expert] may not offer such legal conclusions, the Court clarifies that not all of [her] opinions should be excluded. [Her] testimony will be helpful to the jury regarding the standards and practices of the insurance industry and whether State Farm complied with such standards. [Citations omitted.] This is the case even regarding Gray's opinion that State Farm exceeded industry standards in certain respects.
Decamp v. State Farm, 2021 WL 4059906, at *4-*5.
On the same day that the District Judge entered her ruling concerning the opinion testimony of State Farm's lawyer expert in the case, she also entered her ruling concerning the opinion testimony of the plaintiffs' lawyer expert in the case. The plaintiffs in this case are the injured claimants-assignees of the carrier's policyholder.
The District Judge's ruling concerning the opinion testimony of their lawyer expert was to the same effect: A lawyer-expert cannot testify to legal conclusions regardless of who proffers the testimony. See p. 10 of Download Decamp v. State Farm Doc. 60 Order filed and entered September 7 2021 (M.D. Fla. No. 8.20.cv.1747.VMC.TGW)
To Westlaw's credit, they caught up with this ruling the next day, after they published the first ruling. Decamp v. State Farm Fire & Cas. Co., No. 8:20-cv-1747-VMC-TGW, 2021 WL 4061010 (M.D. Fla. September 7, 2021).
Please read the disclaimer. ©2021 Dennis J. Wall. All rights reserved.
Comments