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)

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 :
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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