Plaintiff appealed the grant of summary judgment to defendant. Plaintiff owned a building insured by defendant that suffered water intrusion during a storm. Defendant denied coverage, concluding that the intrusion was caused by wear and tear to the roof. Plaintiff’s expert opined that the intrusion occurred due to covered hail damage. The district court excluded plaintiff’s expert, finding his opinion insufficiently supported.
Where plaintiff’s expert failed to identify hail damage to the roof but instead based his opinion on excluding alternative causes of water intrusion, the district court correctly concluded that the opinion was insufficiently supported.
Judgment is affirmed.
Bliv, Inc. v. The Charter Oak Fire Insurance Company (MLW No. 83977/Case No. 24-3123 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J. (Nathaniel K. Scearcy, Roeland Park, KS for appellant; Timothy L. Sifers, Roeland Park, KS on the brief) (Alexa L. Lester, St. Louis, MO for appellee; Robert L. Brady, St. Louis, Mo and Christine Katherine Lesicko, St. Louis, MO on the brief)
Alice J. Roden started working for Trending Insurance News at the end of 2021. Alice grew up in Salt Lake City, UT. A writer with a vast insurance industry background Alice has help with several of the biggest insurance companies. Before joining Trending Insurance News, Alice briefly worked as a freelance journalist for several radio stations. She covers home, renters and other property insurance stories.