FEDERAL JUDGE BANS EXPERT TESTIMONY IN INSURANCE CASE – JURY CAN RELY UPON THEIR GENERAL KNOWLEDGE AND EXPERIENCE

For the second time in the last year a judge has precluded expert testimony regarding bath faith claims asserted against insurance companies. The most recent case out of the Western District of Pennsylvania involved a motor vehicle accident where the insurance company offered $13,000 on a policy with a $300,000 limit. In response to the paltry offer where plaintiff had sustained substantial injuries, plaintiff sued Geico alleging it had breached its contract with plaintiff and was handling the claim in bad faith.

To support his claim, the plaintiff attempted to introduce an insurance claims expert to provide the jury with information about the concept of bad faith. There have been cases in the past where insurance experts testified with explanations about standards and practices within the insurance industry. In this case however, the judge determined that the concept of bad faith and how it relates to the insurance industry was not too difficult or complex for the average juror to understand. Accordingly, the judge prevented the plaintiff from presenting his expert to the jury.

This is the most recent in a series of decisions in Pennsylvania since 1997 to establish that while bad faith is a legal concept, the general population doesn’t require scientific or technical knowledge to understand it. In other words, the judge decided that the members of the jury were smart enough to understand the concept and any additional information presented to the jury in court would simply impede on the jury’s fact finding function.

What is lesson learned here? The average jury is capable of listening to the information presented and along with their general knowledge; make the decision that has been entrusted to them. Presenting experts on simple subjects is unnecessary, a waste of your client’s money and can very well insult the jury. The attorneys at Danziger Shapiro, P.C. understand that your resources are limited and are extremely conscientious to keeping your expenses down. Please feel free to contact us at Danziger Shapiro, P.C. for a free consultation involving you or your business in regards to a case where you have been sued or where you are contemplating bringing legal action. We will give you an unbiased recommendation on how best to proceed.

This entry is presented for informational purposes only and is not intended to constitute legal advice.