Dillard v. State Farm Fire and Casualty Company

Filing 22

ORDER denying 15 Motion in Limine. Ordered by Magistrate Judge F.A. Gossett. (MLF, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN C. DILLARD,
Plaintiff,
V.
STATE FARM FIRE AND
CASUALTY COMPANY, a foreign
corporation,
Defendant.

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8:14CV219

ORDER

In this action, Plaintiff seeks to recover insurance proceeds stemming from a fire
which occurred at a house he owned. Defendant denied Plaintiff’s insurance claim, citing
the policy exclusions for intentional acts and fraud. Essentially, it appears that Defendants
will argue that Plaintiff set the subject fire, or was involved in planning the fire, in order to
collect insurance money.
On March 10, 2015, Plaintiff filed a Motion in Limine (filing 15), seeking an order
precluding Defendant from making any reference to a 2004 fire which occurred at a different
residence that Plaintiff purchased at auction. Plaintiff also wants an order preventing
Defendants from attempting to have their experts testify that Plaintiff, himself, set or was
involved in planning the subject fire or the 2004 fire. Further, Plaintiff seeks an order barring
Defendants from mentioning any previous criminal charges filed against Plaintiff.
The Court finds that Plaintiff’s Motion in Limine is premature. The question of
whether the testimony or evidence anticipated by Plaintiff is permissible will be decided at
the time of trial within the context it is offered.
IT IS ORDERED that Plaintiff’s Motion in Limine (filing 15) is denied.
DATED May 14, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge