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ARTICLE · 29 MAY 2018

An Expert Is Only As Good As His Actual Experience

Experts are often used to address issues of causation and scope of damages in insurance coverage matters.

United StatesInsurance

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

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