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Expert
Seems unnecessary to retain a cause and origin expert to investigate a water loss.  Both the insured and field adjuster have identified the “cause” and “origin” simply by observing water leaking from the water supply line.  Should the adjuster then simply collect the subject water supply line and ship it off to a vendor for...
As most attorneys involved in civil litigation are aware, Rule 26(b)(4) of the Federal Rules of Civil Procedure was amended in 2010 to “address concerns about expert discovery.” ADVISORY COMMITTEE NOTES TO 2010 AMENDMENTS. Specifically, the Advisory Committee was concerned about the “undesirable effects” of “routine discovery into attorney-expert communications and draft reports.” Id. Therefore,...
A recent federal court ruling offers a reminder that subrogating carriers need to be careful when disclosing expert opinions. The case, Columbia Grain v. Hinrichs Trading et al. (D. Idaho 2015), involved a fire in a garbanzo bean elevator. The plaintiff’s expert opined that a failed bearing ignited garbanzo bean dust, which smoldered for two...
The timing and sequence for disclosing expert opinions may have a significant impact on recovery. Most subrogation professionals are aware that expert testimony is critical in proving a strict products liability case. But, in addition to the substance of expert testimony, the timing and sequence of disclosing your expert’s testimony may also be critical. Expert...