Can an Insurance Expert Testify When Federal Rule 26(a)(2)(B) is Violated?

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A defendant recently sought to strike an insurance consumer survey report, along with an insurance expert’s testimony. The plaintiff designated the expert to serve as its expert witness to opine on the issue of confusion in the public with respect to the parties’ respective marks.

Defendant’s primary argument was that the expert failed to comply with Federal Rule 26(a)(2)(B) because she didn’t provide a complete statement of the reasons for her opinions, nor did she disclose the data she considered in forming her opinions.

Plaintiff responded that Defendant failed to provide an example of any specific piece of information omitted from the expert’s expert reports and that Defendant’s argument should be disregarded.

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