Falgoust v. Southern Fidelity Insurance Company
Filing
23
ORDER AND REASONS denying 8 Motion in Limine. Signed by Judge Helen G. Berrigan on 12/8/2014. (kac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MICHAEL A. FALGOUST, ET AL
CIVIL ACTION
VERSUS
NO. 14‐886
SOUTHERN FIDELITY INSURANCE
COMPANY
SECTION “C”(3)
ORDER AND REASONS
This matter comes before the Court on motion in limine filed by Southern
Fidelity Insurance Company. The defendant homeowners insurer in this Hurricane
Isaac case seeks exclusion of an estimate provided by the plaintiffʹs expert as
duplicative and irrelevant because the applicable policy provision limits recovery to
ʺthe necessary amount actually spent to repair or replace the damaged building.ʺ
Although the defendant admits in its motion that the plaintiff has not submitted the
actual costs of repair, it claims the amount contained in the expert report, which
represents an estimate of the repair costs, must be excluded. The plaintiff argues that
discovery as to the amount actually spent is ongoing and, in any event, the policy
provision upon which the defendant relies specifies recovery of the actual costs of
repairs only if that amount is the least of three amounts, one of which is replacement
cost value, which is provided in the expert report.
The Court agrees with the plaintiff that the defendantʹs motion is, at best,
premature. Accordingly,
IT IS ORDERED that the motion in limine filed by Southern Fidelity Insurance
Company is DENIED. Rec. Doc. 8.
New Orleans, Louisiana, this 8th day of December, 2014.
____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?