The Limited Scope Of Bad-Faith Expert Testimony

Law360, New York (December 2, 2011, 5:04 PM EST) -- These days, no one is surprised to see a bad-faith expert listed on expert designations in insurance coverage litigation involving allegations of bad faith. While lawyers on both sides of the dispute routinely engage bad-faith experts, there is still uncertainty regarding the proper scope of a bad-faith expert’s testimony.

The United States Supreme Court first examined the admissibility of “expert” testimony in Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579, 590 (1993). Daubert established that the trial judge must act as a gatekeeper by ensuring...
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