By Ganesh Setty (May 19, 2022, 7:11 PM EDT) — Factory Mutual Insurance Co. slammed two expert testimonies as “unreliable, irrelevant and unfairly prejudicial” in a commercial property owner’s COVID-19 business interruption suit before a New York federal court, which hinges in part on whether the novel coronavirus was actually present at the insured properties.
In a memo Wednesday supporting its motion to exclude expert testimony from Dr. Igor Burstyn and Jeffrey Stempel, Factory Mutual said Burstyn’s statistical model is built on a “series of assumptions that defy both common sense and basic scientific plausibility.” An expert opinion from Stempel on insurance customs and practices fares no better, the insurer said,…
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