Robertelli Obtains Summary Judgment for QBE Insured in Significant Fire-Loss Case
April 6, 2018 |John Robertelli obtained summary judgement for a QBE insured from the Honorable L. Grace Spencer J.S.C. in Essex County in a fire-loss case involving a significant property damage claim.
Judge Spencer reviewed the opinions of four cause-and-origin experts and found that none of the experts could conclusively establish the ignition source of the fire. Judge Spencer also rejected Plaintiff’s request to apply the Common Knowledge Doctrine. In addition, the judge concluded that fire investigators are specially trained and their expertise is well beyond that of the average juror.
Judge Spencer ultimately dismissed all claims and decided that, in the absence of viable expert testimony, Plaintiff could not establish negligence by the QBE insured or proximate causation for Plaintiff’s alleged damages.
