When is Expert Testimony Appropriate for Bad Faith Claims?

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There is a decision out of the Eastern District of Kentucky which deals with the qualifications of an expert in a bad faith case. In applying Daubert and its progeny, the court excluded the testimony of a former judge that had been offered as an expert on bad faith issues. See Sullivan v. AIG, 2008 U.S. Dist. LEXIS 56446. Contrast this case with holding of the a case out of the Western District of Wisconsin where the court allowed the testimony of an attorney on bad faith and claims handling issues. See Talmage v. Harris, 354 F. Supp. 860 (W.D. Wis. 2005).

By Thomas F. Segalla