Experts are often used to address issues of causation and scope
of damages in insurance coverage matters. It is well established,
however, that an expert must be qualified through specific training
or actual experience. Without such training or experience, a
purported expert's affidavit may not be sufficient to create an
issue of material fact sufficient to defeat summary judgment. Such
was the lesson in Superhost v Selective Ins (NY App
2018-04-12), Case No. 525034 (NY 3d Dep't April 12,
2018).
In that case, a hotel sought coverage for damage allegedly
suffered a result of Hurricane Irene under its all-risk commercial
liability policy issued by Selective Insurance Company of America
("Selective"). The subject policy provided coverage for
"all physical loss and damage except for losses resulting from
causes expressly listed in the policy's exclusions and
limitations", namely "wear and tear" and a
"limitation precluding coverage for interior damage caused