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Date: 06-24-2022
Case Style:
Case Number: 21-cv-00750
Judge: Elizabeth ("Betsy") Chestney
Court: United States District Court for the Western District of Texas (Bexar County)
Plaintiff's Attorney:
Defendant's Attorney: Joseph Saahene, Michael Maurice Novak, Robert E. Valdez
Description: San Antonio, Texas insurance law lawyers represented Plaintiff, who sued Defendant on breach of contract, breach of duty of good faith and fair dealting and violation of the Texas Deceptive Practices Act and other provisions of the Texas Insurance Code.
Plaintiff has designated Gary Johnson, an appraiser and licensed adjuster in Florida, Texas, and Oklahoma, as his claims handling expert and provided an expert report disclosing Johnson's proposed opinions as required by the Federal Rules of Civil Procedure. (Pl's Expert Designation [#24], at 2; Johnson's Expert Report [#27-1].) Plaintiff's expert designation indicates that Johnson will testify concerning the claims handling process and Plaintiff's bad faith claims. (Pl's Expert Designation [#24], at 2.) Johnson's expert report concludes that Allstate's adjusters failed to perform a reasonable investigation of Plaintiff's claim, failed to make a prompt and equitable settlement of the claim, and did not act in good faith in denying the claim. (Johnson's Expert Report [#27-1], at 4-5.) Allstate has moved to exclude Johnson from testifying as an expert for Plaintiff in this case on the basis that he is unqualified to provide expert testimony on insurance bad-faith claims and his opinions are conclusory and unreliable.
Outcome: Motion granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: