March 2009 Bad Faith Cases: Expert Witness Testimony Barred Because Not Relevant To Remaining Claim For Bad Faith (Philadelphia Federal)

In Aquila v. Nationwide Mutual Insurance Company, the court granted the insurer’s motions to preclude testimony at trial by two of the insured’s expert witnesses because the witnesses did not have any knowledge or experience relevant to the sole remaining issue of bad faith.
The witnesses had provided reports on how the motor vehicle in this case might have been stolen.  The court acknowledged that the witnesses might have the specialized knowledge required of expert witnesses but found their reports lacked the required reliability and relevancy to the bad faith claim, which is the sole remaining claim.
Date of Decision:  January 9, 2009
Aquila v. Nationwide Mut. Ins. Co., CIVIL ACTION No. 07-2696, 2009 U.S. Dist. LEXIS 1746 (E.D. Pa. Jan. 9, 2009)(Strawbridge, M.J.)
This case is also discussed on two March 8, 2009 blogs