News & Analysis as of

Property Damage Expert Testimony

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence (Second Edition)

J.S. Held on

Regardless of the specific cause of property damage—whether it be vehicle impact, structural collapse, construction defects, equipment failures, fire or explosion, hail, lightning, storms, animal activity, or water...more

Alston & Bird

Insurance Insights for the Cold, Dark Winter Nights

Alston & Bird on

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more

Zelle  LLP

Federal District Court Holds Engineer Is Qualified Enough, and His Methods Are Reliable Enough, to Testify to Date Wind and Hail...

Zelle LLP on

In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more

Zelle  LLP

Federal Court Properly Applies Concurrent Causation and Rejects an “Expert” Opinion –Thompson v. State Farm Lloyds

Zelle LLP on

U.S. Magistrate Judge Andrew Edison of the United States District Court for the Southern District of Texas recently issued a decision granting summary judgment for an insurance carrier in a first-party case involving alleged...more

Faegre Drinker Biddle & Reath LLP

Texas Supreme Court Refocuses on Causation and Affirms Summary Judgment in Herbicide Drift Case

The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more

White and Williams LLP

Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an...

In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the...more

White and Williams LLP

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

Carlton Fields

An Expert Is Only As Good As His Actual Experience

Carlton Fields on

Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. ...more

Beveridge & Diamond PC

Federal District Court Orders New Trial in Tort Lawsuit Against Natural Gas Producer

Beveridge & Diamond PC on

Illustrating the importance of expert testimony in establishing a factual basis for private nuisance claims and damages in tort actions, a Pennsylvania federal judge vacated a $4.24 million jury verdict and granted a new...more

Saul Ewing Arnstein & Lehr LLP

Western District of Texas: An Expert Must Base a Determination of Bad Faith on the Facts Available to the Insurer When it Acted

Falcon v. State Farm Lloyds, No. 1:12-CV-491-DAE, 2014 WL 2711849 (W.D. Tex. June 16, 2014) - The Western District of Texas finds that a policyholder’s expert witness is not qualified to opine when he does not...more

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