Tag Archives: kelly

A Missing Policy Must Be Proven By More Than “Unscientific Speculation Offered by a Genuine Scientist”

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”

Any Friendly Wagers on Outcome of State of California v. Continental Ins.?

As you may be aware, the California Supreme Court heard argument in the State of California case on May 30th. (See Bill Baron’s May 4, 2012 posting to this site.) I’ve entered into a wager with my partner and insurance guru, Phil Matthews, on the outcome of State of California, which should decide two very important insurance coverage questions in California: (1) all sums; and (2) stacking of policy limits. I won’t reveal our respective wagers, and recognizing that predicting the outcome of an appellate court is not exactly a science, I invite you to email me with your prediction as to the outcome of this case. Continue reading Any Friendly Wagers on Outcome of State of California v. Continental Ins.?