Allstate Insurance Company v. Guagliardo Plumbing, Heating and Air Conditioning, Inc.

Filing 29

ORDER (memorandum filed previously as separate docket entry), DENYING pltf's motion in limine 17 re amend case caption and to preclude evidence of insurance; DENYING 20 Pltf's motion in limine re expert testimony of Daniel Vieau; GRANTING as unopposed 18 motion in liminel re depreciation and ACV: and GRANTING in part/DENYING in part Pltf's motion 19 in limine re testimony of Vieau /Gualgliardo. Signed by Honorable James M. Munley on 5/10/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ALLSTATE INSURANCE COMPANY a/s/o Kenneth and Kathleen Roberts, Plaintiff : No. 3:16cv55 : : (Judge Munley) : : v. : : GUAGLIARDO PLUMBING, : HEATING, AND AIR : CONDITIONING, INC., : Defendant : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 10th day of May 2017, it is hereby ORDERED as follows: 1) Plaintiff’s motion in limine to amend case caption and preclude evidence of insurance at trial (Doc. 17) is hereby DENIED. 2) Plaintiff’s motion in limine to preclude evidence of and related to depreciation and actual cash value (Doc. 18) is hereby GRANTED as unopposed. Defendant shall not argue that the proper measure of damage is repair cost less depreciation - referred to by the insurance industry as “actual cash value”. Defendant shall not present evidence of depreciation or actual cash value. 3) Plaintiff’s motion in limine to preclude expert testimony of Daniel Vieau (Doc. 20) is hereby DENIED. 4) Plaintiff’s motion to limit the testimony of Defendant’s Expert Daniel E. Vieau (Doc. 19) is hereby GRANTED in that Vieau will not be permitted to opine on the operation and failure mode of the furnace and as to whether the service provided by defendant was reasonable, proper and/or appropriate. The motion is DENIED to the extent that it seeks to limit the testimony of Michael Guagliardo, who serviced the furnace. BY THE COURT: s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court

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