Expert Testimony Not Allowed As To Interpretation Of Insurance Policy

In a case where the main issue was whether the insurer had a reasonable basis to deny coverage or acted in bad faith toward the insured, an expert could testify as to whether the company deviated from industry standards, but could not testify about his interpretation of the insurance policy, a court held recently. The case is Callatin Fuels, Inc. v. Westchester Fire Ins. Co., 2006 WL 149094 (W.D. Penn. January 18, 2006).
Westchester Fire Insurance sought to exclude the testimony of the expert, an insurance claims adjuster, in a Daubert hearing, which is held to ensure expert testimony is sufficiently grounded in scientifically valid theory and methodology. The court held that the expert could not testify about whether an insurer committed bad faith, but could give his opinion on whether Westchester had gone outside accepted industry norms in its claim investigation. The expert was, however, precluded from testifying as to his subjective interpretation of the policy’s coverage.

Comments Off on Expert Testimony Not Allowed As To Interpretation Of Insurance Policy

Filed under Bad Faith, Liability Policies

Comments are closed.