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Arthur v. Liberty Mutual Personal Insurance Co.

Court: WD Tx  10/24/2022  Magistrate Denies Insurer's Motion to Strike or Exclude Testimony of Insured's Experts

A magistrate of the Western District of Texas denied an insurer's motion to strike testimony of non-retained expert public adjuster, holding that the public adjuster's contingency agreement signed one year prior to litigation did not prohibit the witness from testifying, and further denied the insurer's motion to exclude the testimony of a retained engineer who would opine on whether a hailstorm had functionally damaged the insured's metal roof.

homeowners policy, cosmetic exclusion, FRCP 26(a), non-retained, public adjuster, duty to disclose, functional damage, water-shedding ability, motion to strike, motion to exclude

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