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Lewis v. Allstate Insurance Co.

Court: SD Tx  02/05/2021  Court Denies Insured's Motion in Limine to Exclude Expert Testimony

The court denied the insured's motion in limine seeking to exclude the insurer's expert witnesses because two of the experts were not "retained" or "specially employed" and, therefore, were not required to file a written report. The third expert's written report was not timely disclosed, but the court allowed the insureds the opportunity to depose that expert before trial, alleviating any prejudice. The court also found that, while the expert disclosures were inadequate under the rules, such inadequacy was harmless.

homeowner's insurance policy, motion in limine, expert testimony, non-retained expert, written report, untimely production, inadequate disclosures

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