Expert Witness Testimony Allowed in Texas Insurance Case

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Expert Witness Testimony Allowed in Texas Insurance Case

Expert witness designations were at the heart of a recent decision in the Eastern District of Texas where a plaintiff filed suit against Defendant Insurance Company for alleged violations of the Texas Insurance Code, Texas Deceptive Trade Practices Act, breach of contract, and breach of the duty of good faith and fair dealing.

U.S. District Judge Amos L. Mazzant wrote in his opinion that if an expert is properly disclosed, the expert is admissible if it meets the standard set out in the Federal Rules of Evidence. Rule 702 provides for the admission of expert testimony that assists the trier of fact to understand the evidence or to determine a fact in issue. A district court must make a preliminary determination, when requested, as to whether the requirements of Rule 702 are satisfied with regard to a particular expert’s proposed testimony.

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