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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

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Motion to Strike Insurer’s Expert Opinion Granted

By Tred R. Eyerly on June 19, 2019

    The court granted the insured's motion to strike the testimony of the insurer's expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20, 2019). 

    The insured owned a market that needed renovations. The…

Posted in Collapse, Expert Witnesses, First Party Insurance

Insurer’s In-House Expert’s Communications Are Privileged

By Tred R. Eyerly on April 8, 2019

    The Texas Supreme Court ruled that the insurer's in-house expert's draft reports and communications were privileged and need not be produced. In Re City of Dickinson, Relator, 2019 Texas LEXIS 165 (Tex. Feb. 15, 2019).

    The City of Dickinson had a commercial windstorm policy with the Texas Windstorm Insurance Association.

Posted in Expert Witnesses, Hurricane Ike

Lay Testimony Sufficient to Prove Diminution in Value

By Tred R. Eyerly on August 27, 2018

    The trial court erred in excluding lay testimony on diminution of value of the insured's property and by requiring expert testimony. Woodrum v. Georgia Farm Bureau Mut. Ins. Co., 2018 Ga. App. LEXIS 429 (Ga. Ct. App. June 27, 2018).

    During a thunderstorm, a large tree fell onto the roof…

Posted in Appraisal, Expert Witnesses, First Party Insurance

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