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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Post number 5291
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Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
Facts
Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
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Post number 5288
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Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
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Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
Endo filed Chapter 11 in August 2022; before bankruptcy it ...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
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Post number 5275
Posted on January 30, 2026 by Barry Zalma
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When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
