Insurance Expert Witness/Consultant

“In reviewing Mr. Fey’s expert report, the Court is satisfied that Mr. Fey is qualified as an expert on insurance claim adjustments. Specifically, the Court notes that Mr. Fey has over 30 years’ experience in the insurance industry, is licensed in Texas, and has experience evaluating and supervising automobile insurance claims in Georgia. In short, Mr. Fey has sufficient knowledge and experience in the insurance claim field to qualify as an expert.

Further the court believes that Mr. Fey’s opinions are sufficiently reliable. Along with his experience, Mr. Fey outlines his access to industry resources and other research tools, which he used in formulating his opinion, to show his opinion is reliable. Mr. Fey’s opinion is also relevant because it is material to Plaintiff’s case and concerns matters that are beyond the understanding of the average lay person. Mr. Fey’s testimony concerning insurance claim adjustments is outside the common knowledge of any average juror. In summary, Mr. Fey’s expert testimony would assist the jury in deciding factual issues in this action and is therefore relevant.”

“Fey trained new adjusters and conducted instructional seminars for adjuster training. He holds a variety of certifications, including that of chartered property casualty underwriter; he is a licensed adjuster; and he is presently a flood claims adjuster certified by FEMA. In my view, Fey’s training and experience are sufficient to meet the requirements of the Federal Rules of Evidence and the standard of Daubert.”

“Here Mr. Fey has certainly got experience in the insurance industry. I think he was very clear, he was talking in terms of general industry standards, he does have general expertise on industry standards.”

“Fey will be permitted to testify about (1) generally accepted practices regarding protective safeguards endorsements in the insurance industry and (2) whether, in Fey’s opinion, the facts on which Plaintiff relies to demonstrate compliance satisfy the Endorsement’s requirements under generally accepted practices in the insurance industry. Further, the Court concludes that expert testimony regarding insurance industry standards for claims adjustment will be helpful to the jury. See 200 South Broad Street, Inc. v. Allstate Ins. Co., 2009 WL 2028349, at *2 (E.D. La. July 9, 2009) (Berrigan, J.); Huey, 2009 WL 604914, at *2., Fey may testify about insurance industry standards.”

“In applying the foregoing law to the proposed expert testimony of Louis Fey, the Court finds that Daubert is satisfied and Mr. Fey may testify at trial. Mr. Fey’s testimony is based on his experience in the insurance industry in addition to national norms and standards for the industry. Mr. Fey may testify regarding standard practices and procedures within the insurance industry.”