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Insurance Industry Expert Testimony: Is It a Legal Conclusion or Custom and Practice?[dagger]

I.

INTRODUCTION

As a general matter, whether expert witness testimony is admissible has been subject to challenge on a wide variety of issues throughout federal and state courts. The issues triggered by decisions such as Frye v. United States,1 Daubert v. Merrell Dow Pharmaceuticals, Inc.,2 and Kumho Tire Co., v. Carmichael,3 have particular application and importance as well to questions regarding testimony provided by experts in the insurance industry. In the federal system, and in state courts that follow Daubert, the Daubert gate-keeping function will require proof before the trial court that: (1) the insurance witness is qualified as an expert; (2) the insurance witness is testifying ...

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