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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When Harm is Inherent in the Nature of the Act it is Intentional
Post 5237
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No Coverage for Intentional Acts
Hitting a Person in the Face is an Intentional Act
In Unitrin Auto and Home Insurance Company v. Brian C. Sullivan, et al., George A. Ciminello, No. 2022-01607, Index No. 21632/14, Supreme Court of New York, Second Department (November 19, 2025) George A. Ciminello was injured when struck in the face by a cup filled with liquid, thrown from a moving vehicle operated by Brian C. Sullivan, with Robert Harford as the passenger who threw the cup. The vehicle approached Ciminello at about 30 mph, from 2 to 10 feet away, and Harford extended his arm to make contact. The cup splintered upon impact.
Sullivan and Harford later conceded liability on the intentional tort claim before a damages trial.
Insurance Policy:
Unitrin Auto and Home...
Obtaining Title to Church by Fraud Defeated
Post 5238
Read the full article at https://www.linkedin.com/pulse/unmitigated-gall-abuse-elderly-bishop-his-church-zalma-esq-cfe-xcasc, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.
It is Villainous to Steal Church Property from Sick and Elderly Bishop
In Testimonial Cathedral Local Church of God in Christ v. EquityKey Real Estate Option, LLC et al. (Cal. Ct. App., 2d Dist., Div. 8, No. B331522 (Nov. 18, 2025) EquityKey (through broker Steven Sharpe and Frank Wheaton, a trusted advisor/friend of elderly Bishop Jimmy Hackworth) presented a deal supposedly for a $4 million life-insurance policy on Hackworth’s life with EquityKey as beneficiary. In exchange, EquityKey paid Hackworth $400,000 upfront.
Factual Background
To qualify Hackworth for the large policy, church real property on South Western Ave., Los Angeles was temporarily ...
Guilty of Money Laundering Scheme
Post 5238
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Prison Sentence for Fraud Must be Limited to the Fraud in Which the Defendant Participated
In United States v. Stephen O. Anagor, No. 2:24-CR-00019-DCLC-CRW (E.D. Tenn., Nov. 26, 2025) by Judge Clifton L. Corker the government sought to increase the defendant’s sentence because his co-conspirators added a fraudulent FBI scam that resulted in the victim’s suicide. Anagor sought a lower sentence because he was only involved in part of the fraud.
Charges & Plea
Defendant, a U.S. Army soldier pled guilty on June 11, 2025 to Conspiracy to Commit Mail and Wire Fraud, Aiding and Abetting Aggravated Stalking Resulting in Death and Aiding and Abetting Aggravated Identity Theft that was part of a larger 38-count superseding indictment against Anagor and co-defendants Chinagorom Onwumere and Salma Abdalkareem for an international Nigerian-based ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
