Troisi, Gindele, and Korman Secure Summary Judgment for Insurance Client

Michael Troisi, Laura Gindele, and Cheryl Korman secured an affirmance of summary judgment in favor of our client, Sentinel Insurance Company, in a property coverage matter in the SDNY. The Second Circuit Court of Appeals affirmed the opinion and order of the Honorable Nelson Román, which granted summary judgment based on policy exclusions relating to negligent design and construction, among others.

The decision is noteworthy as the Second Circuit affirmed Judge Román’s analysis of Federal Rule of Evidence 702 relating to the admissibility of expert testimony. The District Court found that plaintiff’s expert did not meet the standards articulated by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., stating that plaintiff’s expert’s opinion was inadmissible because his conclusions were based on “nothing more than subjective belief or unsupported speculation.”