In a recent decision of a federal district court, frequent policyholder expert Robert Hughes’ opinions regarding the terms and conditions of a missing policy were flatly rejected as “bald speculation,” resulting in summary judgment for an insurer. (See, attached Canal Ins. Co. v. Montello, Inc., 2012 U.S. Dist. LEXIS 148119.)
In an instructive case that has potentially broad application to a common issue in complex insurance coverage litigation–proof of the terms and conditions of a missing policy–the Court rejected as speculation Mr. Hughes’s opinions, notwithstanding his long C.V. reflecting 50 years of experience in the insurance industry. Continue reading “A Missing Policy Must Be Proven By More Than “Unscientific Speculation Offered by a Genuine Scientist””