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 claims
settlement practices.
Falasco filed a motion to exclude the testimony of two of USAA’s experts— Roy Da Silva and Mark McGillivray.
Insurance Expert Witness
Mark A McGillivray 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.
Appraisal and Valuation Expert Witness
Roy Da Silva is an experienced appraiser who specializes in classic cars. He founded and developed Source One Services to provide specialized services
to the collector car markets.
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:
| Case Caption: | Falasco v. USAA Cas. Ins. Co |
| Docket Number: | 4:23cv01054 |
| Court Name: | United States District Court for the Eastern District of Arkansas, Central Division |
| Order Date: | May 2, 2025 |
