The court considered the scope of testimony to be offered by the insureds' expert regarding a policy written for sanitation districts. Binghamton-Johnson City Joint Sewage Bd. v. Am. Alternative Ins. Corp., 2015 U.S. Dist. LEXIS 112210 (N.D. N.Y. Aug. 25, 2015). The city of Binghamton and the city's Sewage Board sued American Alternative Insurance Corporation (AAIC) for coverage for a collapsed wall. AAIC sought the limit to testimony of the insureds' expert, Paul B. Nielander, through a motion in limine. AAIC argued that Nielander was not qualified as an expert in interpreting insurance policies. His knowledge and experience was limited to insurance practices in other states and the words contained in policies other than AAIC policies. He had no experience with (i) negotiating, drafting, or performing under an AAIC policy, (ii) handling claims or interpreting policies written in New York State, or (iii) drafting policies or otherwise participating in what he conceded was a "niche market" of providing insurance to sanitation districts. Further, Neilander was not qualified to offer expert analysis of when the structural failure of the wall occurred because he had no training or experience as an engineer. The court granted in part, denied in part, AAIC's motion in limine. Mr. Nielander's testimony would be limited to assisting the jury in (a) understanding the general standard practices and customs of the insurance business, (b) understanding how this particular policy was structured and how its provisions related to each other, and (c) understanding what any ambiguous terms in the policy were typically understood to mean in other insurance policies. Mr. Neilander's testimony would otherwise be precluded. He would not be permitted to testify as to the usage of the terms "all risk," "ensuing loss" and/or "collapse" in standard insurance policies. Nor could he testify on how standard form ISO policies compared to the AAIC policy here. Further, he could not testify what the customs, practices or standards were in the industry of insuring sanitation districts. Finally, Mr. Neilander could not testify on when the structural failure of the wall occurred, or what the cause of the collapse was.
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