Insurance Litigation As A “Battle Of The Experts”
Even when an insurance company agrees to provide coverage for damage to a home, they will often challenge the extent or cost of the insurable loss. This then forces the homeowner to take legal action to protect their contractual rights. Such litigation then often ends up being a “battle of the experts,” with each side offering qualified testimony to establish the true extent of the damages involved. Federal Court Revives Homeowners’ Lawsuit Over Hurricane Irma Damage A recent decision from the U.S. 11th Circuit Court of Appeals, Izquierdo v. Certain Underwriters at Lloyd’s London, provides an example of such a dispute. The plaintiffs in this case own a South Florida home that sustained roof damage due to Hurricane Irma in 2017. According to the plaintiffs, their roof had no leaks prior to the storm. Post-Irma, however, they noticed roof leaks and water damage inside their home. A public adjuster inspected the property and recommended replacing the entire roof. Together with other damages, the adjuster valued the plaintiffs’ insurance claim at about $230,000. The plaintiffs later obtained an estimate for just the cost of replacing the roof, which came to $109,300. Meanwhile, the insurance company conducted its sown inspection through a third-party administrator. The administrator concluded that while the storm “resulted in 24 fractured and 83 loose concrete roof tiles,” it did not create any “openings” in the roof that would cause water leakage. Instead, the administrator believed there must have been water leaking through “preexisting openings.” As such, the insurer said it would not replace the roof and only offered about $28,000 on the plaintiffs’ claim (which would then be reduced by a $14,400 deductible). The plaintiffs subsequently sued the insurance company for breach of contract in Florida state court. The insurer exercised its right to remove (transfer) the case to federal court. To support their case, the plaintiffs disclosed their intentions to call three expert witnesses at trial. Federal court rules require parties to make certain “disclosures” regarding expert witnesses prior to trial. This is to ensure neither side is unfairly surprised. The rules distinguish between expert witnesses who need to provide a written report and those who do not. This latter group is often referred to as “hybrid” witnesses, as their testimony combines both factual observations and opinion. In this case, the plaintiffs classified their experts as hybrid witnesses, which do not require the same level of disclosure as pure fact witnesses. The insurance company objected and claimed the witnesses should be held to the stricter disclosure standard. The trial judge sided with the insurer, struck the testimony of all three of the plaintiffs’ proposed experts, and dismissed the case outright. On appeal, the 11th Circuit said the trial judge failed to meaningfully justify their decisions. The trial court was at least bound to give more careful consideration to the plaintiffs’ arguments before throwing out their entire case, the appellate court said. So it returned the case to the lower court for further proceedings. Speak with a Florida Insurance Lawyer Today Insurance litigation is rarely quick or easy. But when your contractual rights are at stake, you should not hesitate to assert yourself in court when necessary. If you need legal advice or representation from an experienced Tampa insurance litigation attorney, contact HD Law Partners today. Source: scholar.google.com/scholar_case?case=813-253-5333027703791 Posted in Uncategorized | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us