Alaska District Court Limits Insurance Expert’s Testimony  

Plaintiff, Tundra Mountain Holdings, LLC instituted this action to recover its insurance claims from Defendant, Markel Insurance Company. Markel Insurance Company cited the defective design exclusion clause of Tundra’s insurance policy to deny coverage. Tundra retained Elliot S. Flood, a former head auditor and Certified Public Accountant with special expertise in insurance accounting for his take on the insurance industry customs. Markel challenged the admissibility of Flood’s testimony, arguing that he opined beyond the scope of his expertise and drew legal conclusions amidst relevance and reliability concerns. The Court observed that though Flood did invade the province of the Court, he was not unqualified and his opinions were reliable and relevant to the jury’s consideration. This case still awaits a final decision.

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