Association of Unit Owners of Marina Riverhouse v. State Farm Fire And Casualty Company

Filing 113

OPINION AND ORDER: Defendants motion to strike declaration of Ronald Vandehey 102 is DENIED. Defendants motion to strike declaration of Craig McIntyre 104 is GRANTED IN PART to the extent it relates to Dr. McIntyres testimony regarding Jeffrey Morrells opinions. It is otherwise DENIED.Defendants motion in limine to exclude expert opinion testimony 83 is GRANTED. Defendants motion for summary judgment 79 is GRANTED. Signed on 3/21/13 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

ASSOCIATION OF UNIT OWNERS OF
MARINA RIVERHOUSE,
No. 3:11-cv-00307-MO
Plaintiff,
OPINION AND ORDER
v.
STATE FARM FIRE AND CASUALTY
COMPANY,
Defendant.
MOSMAN, J.,
On March 19, 2013, the Court held oral argument in the above-captioned case. For the
reasons stated on the record, I ordered as follows:
Defendant’s motion to strike declaration of Ronald Vandehey [102] is DENIED.
Defendant’s motion to strike declaration of Craig McIntyre [104] is GRANTED IN
PART to the extent it relates to Dr. McIntyre’s testimony regarding Jeffrey Morrell’s opinions. It
is otherwise DENIED.
Defendant’s motion in limine to exclude expert opinion testimony [83] is GRANTED.
On the basis of Mr. Vandehey’s assumption of a linear decay model, I find that his opinion is not
the product of “reliable principles and methods.” Fed. R. Evid 702(c); see also Daubert v.
1 – OPINION AND ORDER

Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). Indeed, by stating that “you can’t really
reasonably model the decay” at oral argument, plaintiff’s counsel effectively conceded this point.
Defendant’s motion for summary judgment [79] is GRANTED. Although I find that the
term “collapse” does not require downward movement in this policy, the subsurface water
exclusion bars coverage. Furthermore, in light of my ruling on defendant’s motion in limine to
exclude expert opinion testimony, there is no genuine dispute as to whether the alleged
“collapse” occurred prior to November 1999.
IT IS SO ORDERED.
DATED this

21st

day of March, 2013.

/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Judge

2 – OPINION AND ORDER