Motions in Limine Used to Limit Trial and Expert Testimony
Post 5116
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Trial Judge Must Limit Experts to Testimony that will Aid the Jury
The case brought by Plaintiff Gary Cawley and others against American Financial Security Life Insurance Company and others was before United States District Court for the District of Arizona’s Honorable Steven P. Logan, United States District Judge.
In Gary Cawley, et al. v. American Financial Security Life Insurance Company, et al., No. CV-22-00823-PHX-SPL, United States District Court, D. Arizona (July 2, 2025) Judge Logan resolved dozens of motions in limine filed by the parties.
Motions in Limine
Judge Logan issued orders relating to various motions in limine filed by both Plaintiffs and Defendant recognizing that a motion in limine is a procedural mechanism to limit testimony or evidence in a particular area and the practice has developed pursuant to the district court’s inherent authority to manage the course of trials. A ruling on a motion in limine is essentially a preliminary opinion that falls entirely within the discretion of the district court.
This report is limited to the court’s ruling about defendant’s expert witness Christopher Martin.
The Court Ruled Plaintiffs’ Motion in Limine Number 5
Plaintiffs argued that the obviousness of warnings is an issue that a juror can readily determine from a lay perspective without the need for expert testimony. The Court agreed with the Defendant’s response that testimony about customs and practices in the insurance industry with respect to the use of disclaimers, including what is considered a “conspicuous disclaimer” pursuant to industry standards, is appropriate expert testimony. Therefore, the motion was denied, allowing Christopher Martin to testify about industry standards for conspicuous disclaimers in the health insurance industry.
Plaintiffs’ Motion in Limine No. 6
Plaintiffs requested to preclude Christopher Martin from testifying about the legal status of the relationship between the individuals who sold the subject short-term health insurance plan with which Judge Logan agreed. The law is the sole province of the judge.
Plaintiffs’ Motion in Limine No. 7
Plaintiffs moved the court to preclude Christopher Martin from testifying about whether Plaintiffs’ expectations of coverage under the subject short-term health insurance plan were reasonable. Whether Plaintiffs had a reasonable expectation of coverage is a factual question for the jury, which will not be aided by the testimony of either party’s expert. Therefore, the motion was granted, preventing Christopher Martin from offering opinions about the reasonableness of Plaintiffs’ expectations.
Plaintiffs’ Motion in Limine No. 8
Plaintiffs sought to preclude Christopher Martin from testifying about the reasonableness of consumers’ conduct, including the Plaintiffs’ conduct, when purchasing insurance. The motion was granted, preventing Christopher Martin from opining on the reasonableness of the Plaintiffs actions
Federal Rule of Evidence 702
Federal Rule of Evidence (“FRE”) 702 permits parties to file motions to exclude to ensure the relevance and reliability of expert testimony. FRE 702 provides that: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
The Court has a gatekeeping duty under the SCOTUS Daubert decision and Rule 702 to ensure that expert testimony will assist the trier of fact. The general test regarding the admissibility of expert testimony is whether the jury can receive appreciable help from such testimony.
ZALMA OPINION
Because juries and judges have little experience or knowledge about the custom and practice of the insurance industry expert witnesses are essential to aid the jury and the trial judge better understand the custom and practice of the insurance industry. I have served as an expert witness on insurance litigation and am careful to limit my testimony to the custom and practice of the industry garnered from my 58 years of experience in the field. The motions in limine were designed to limit the testimony of the experts to testimony designed to help the jury and judge understand the custom of the industry to properly rule on the claims and defenses of the parties.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Court Understands the Importance of Appraisal
Post 5188
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Appraisal Clauses Provide A Less Expensive, More Efficient Alternative To Litigation For Resolving Insurance-Claim Disputes
In Rockbrook Place Townhomes Association, Inc. v. Lio Insurance Company, CIVIL No. 4:24-CV-1021-SDJ, United States District Court, E.D. Texas, Sherman Division (September 3, 2025) the USDC compels appraisal and stops litigation.
Summary:
This insurance-coverage dispute between Rockbrook Place Townhomes Association, Inc. (“Rockbrook”) and LIO Insurance Company (“LIO”). The dispute arises from alleged hail damage to Rockbrook’s property, the key points are as follows:
Background:
Rockbrook owns property in Lewisville, Texas, insured by LIO. Rockbrook requested a reinspection and demanded over $4.5 million for roof replacements, which ...
Life Insurer Took Advantage of Plaintiff But Damages not Proved
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In Malcolm Wiener v. AXA Equitable Life Insurance Company, No. 24-1316, United States Court of Appeals, Fourth Circuit (September 3, 2025) the Fourth Circuit’s opinion addressed the sufficiency of evidence for a jury’s damages award in a negligence case involving AXA Equitable Life Insurance and Malcolm Wiener. AXA was found liable for negligence yet the court affirmed the trial court’s conclusion that the jury lacked sufficient evidence to reasonably calculate Wiener’s damages beyond minimal damages.
AXA liable for negligence but damages unsupported:
The court affirmed AXA’s negligence liability but ruled the jury’s $16 million damages award was ...
In Georgia Stormwater is a Pollutant
Stormwater Alone—Even Uncontaminated—Constitutes a Pollutant
Post 5186
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In Auto-Owners Insurance Company v. Tabby Place Homeowners Association, Inc., et al., Civil Action No. 4:21-cv-346, United States District Court, S.D. Georgia (September 3, 2025) found no coverage.
The decision of the USDC presents a detailed judicial opinion on a declaratory judgment action involving Auto-Owners Insurance Company, Tabby Place Homeowners Association (HOA), and various property owners. The central issue concerned whether Auto-Owners had a duty to defend or indemnify the HOA in an underlying lawsuit brought by property owners alleging property damage from stormwater flooding linked to the HOA’s stormwater retention ponds.
BACKGROUND AND PARTIES INVOLVED
The underlying litigation involved property ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.
The Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
How Elderly Doctors Fund their ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.
The Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
How Elderly Doctors Fund their ...
Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE
When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...
