--- title: "Appraisal and Valuation Expert is Qualified to Testify about the Value of the Porsche" meta: "og:description": "Expertise of classic car appraiser will aid the jury due to the complexity of the classic car market" "og:title": "Appraisal and Valuation Expert is Qualified to Testify about the Value of the Porsche" author: "Expert Witness Profiler" description: "Expertise of classic car appraiser will aid the jury due to the complexity of the classic car market" --- # Appraisal and Valuation Expert is Qualified to Testify about the Value of the Porsche Posted on May 6, 2025 by Expert Witness Profiler Joseph Falasco bought a non-functioning 1974 Porsche 911S for $10,000 and put a significant amount of time and money into restoring it, including the installation of a new engine and transmission. Falasco later filed a claim regarding the non-collision fire that destroyed Plaintiff’s 1974 Porsche 911S (the “1974 Porsche”) and ended up suing USAA for breach of insurance contract, bad faith, and unfair claimssettlement practices. Falasco filed a motion to exclude the testimony of two of USAA’s experts— [Roy Da Silva](https://expertwitnessprofiler.com/expert-witness/Roy-Da%20Silva/1564104) and [Mark McGillivray](https://expertwitnessprofiler.com/expert-witness/Mark-McGillivray/1564103). ## **Insurance Expert Witness** [Mark A McGillivray](https://expertwitnessprofiler.com/expert-witness/Mark-McGillivray/1564103) holds a bachelor’s degree in business administration with a concentration in Finance from the University of Puget Sound and a master’s degree in Business Administration with a concentration in Marketing from the University of Illinois at Chicago. He also holds the Chartered Property Casualty Underwriter (CPCU) designation from the American Institute for CPCU and the Insurance Institute of America (The Institutes). McGillivray has over 41 years of experience in the Insurance Industry, primarily in claims roles. He held various roles at Allstate Insurance Company for over 35 years, including Senior Vice President in claims. Since 2019, he has worked as a consultant in the industry, participated in expert networks, and been retained as an insurance expert. He is also on the Board of Directors of Hancock Claim Consultants. [Get the full story on challenges to Mark A McGillivray’s expert opinions and testimony with an in-depth Challenge Study.](https://expertwitnessprofiler.com/order/add?eId=1564103&pId=2) ## **Appraisal and Valuation Expert Witness** [Roy Da Silva](https://expertwitnessprofiler.com/expert-witness/Roy-Da%20Silva/1564104) is an experienced appraiser who specializes in classic cars. He founded and developed Source One Services to provide specialized servicesto the collector car markets. [Want to know more about the challenges Roy Da Silva has faced? Get the full details with our Challenge Study report.](https://expertwitnessprofiler.com/order/add?eId=1564104&pId=2) ## **Discussion by the Court** ### **Motion to exclude the Expert Testimony of Mark McGillivray** Falasco filed a motion to exclude the expert testimony of Mark McGillivray. The Court ruled that this motion is denied without prejudice as moot. It appeared that USAA intended to offer McGillivray’s testimony solely in support of its defense on Falasco’s bad faith and unfair claims settlement practices claims. Since the Court had already granted summary judgment on those claims, McGillivray’s testimony was no longer relevant to the remaining issues in the case. ### **Motion to exclude the Expert Testimony of Roy Da Silva** Falasco argued for the exclusion of Roy Da Silva’s testimony, implying it would not offer adequate assistance to the trier of fact. The Court held that Da Silva is qualified to testify about the value of Falasco’s Porsche. In other words, Da Silva’s expertise will aid the jury due to the complexity of the classic car market.  While Falasco may dispute Da Silva’s valuation or methodology, the Court held that such challenges concerned the weight and credibility of his testimony. These concerns could be addressed through “vigorous cross-examination and presentation of contrary evidence” at trial, allowing the jury to evaluate its significance. ## **Held** - The Court denied without prejudice as moot the motion to exclude the testimony of Mark McGillivray. - The Court denied Falasco’s motion to exclude the testimony of Roy Da Silva. ## **Key Takwaway**: Classic car appraiser Roy Da Silva’s testimony was admitted because his expertise was essential for assisting the jury in understanding the complex classic car market. ## **Case Details**: --- ## **You Might Also Like** ![Human Resources Expert Allowed to Opine on Termination](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-22T200052.311.jpg) [**Human Resources Expert Allowed to Opine on Termination**](https://expertwitnessprofiler.com/appraisal-and-valuation-expert-is-qualified-to-testify-about-the-value-of-the-porsche/human-resources-expert-allowed-to-opine-on-termination)![Neuropsychology Expert Not Allowed to Opine on Cognitive Decline](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-22T144728.528.jpg) [**Neuropsychology Expert Not Allowed to Opine on Cognitive Decline **](https://expertwitnessprofiler.com/appraisal-and-valuation-expert-is-qualified-to-testify-about-the-value-of-the-porsche/neuropsychology-expert-not-allowed-to-opine-on-cognitive-decline)![Human Factors Expert Not Allowed to Opine on the Tile](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-21T191749.960.jpg) [**Human Factors Expert Not Allowed to Opine on the Tile**](https://expertwitnessprofiler.com/appraisal-and-valuation-expert-is-qualified-to-testify-about-the-value-of-the-porsche/human-factors-expert-not-allowed-to-opine-on-the-tile)![Insurance Expert Not Allowed to Opine on Legal Duties](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-21T155751.487.jpg) [**Insurance Expert Not Allowed to Opine on Legal Duties**](https://expertwitnessprofiler.com/appraisal-and-valuation-expert-is-qualified-to-testify-about-the-value-of-the-porsche/insurance-expert-not-allowed-to-opine-on-legal-duties)![Law And Legal Expert Not Allowed to Opine on Contract Formation](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-20T213123.718.jpg) [**Law And Legal Expert Not Allowed to Opine on Contract Formation**](https://expertwitnessprofiler.com/appraisal-and-valuation-expert-is-qualified-to-testify-about-the-value-of-the-porsche/law-and-legal-expert-not-allowed-to-opine-on-contract-formation)