Saturday, June 26, 2004

9th Circuit Upholds Testimony from Claims Adjustment Expert

The Ninth Circuit has published an opinion upholding testimony from an insurance claims adjustment expert in a "bad faith" dispute, rejecting defendants' contention that experience specific to "bad faith" claims should be required. See Hangartner v. Provident Life & Accident Ins. Co., No. 02-17423 (9th Cir. June 25, 2004) (Goodwin, Tashima, & Clifton, JJ.).


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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.