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In Midtown Inv's, LP v. Auto-Owners Ins. Co., ___ F. Supp. 3d ___, No. 20-cv-01594-PAB-STV, 2022 WL 17039225 (D. Colo. Nov. 17, 2022), a public adjuster was disqualified from testifying to opinions as an expert concerning an alleged property loss in a commercial property insurance case.
The proffered expert was retained on a contingency basis, with his payment depending on the outcome of the case. The District Judge concluded that the danger of unfair prejudice to the defendant insurance carrier substantially outweighed the probative value of this witness's testimony. Midtown Investments, 2022 WL 17039225, at *8.
However, this same witness was allowed to testify in this bad faith case to facts he observed, namely, "events that transpired during the claim process and his own observations, but may not offer expert opinions." Midtown Investments, 2022 WL 17039225, at *8. The same was held true regarding this witness's familiarity with industry practices; his testimony would be limited to what he personally observed of the defendant carrier's conduct handling this claim. Midtown Investments, 2022 WL 17039225, at *8.
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