N.C. Appeals Court Affirms Rejection of Adjuster as Expert Witness

RALEIGH, N.C. - The North Carolina Court of Appeals has affirmed a trial court decision excluding expert testimony by an insurance adjuster, ruling that the trial court did not abuse its discretion in ruling that the proffered testimony on claims handling practices would not assist the trier of fact. Burrell v. Sparkkles Reconstruction Co., et al., No. 04 CVS 98714 (N.C. Ct. App.).

The court also affirmed the trial court's decision to award $14,435.66 in damages on Josephine Burrell's breach of contract claim against her insurer, and to limit mold damages to $5,000 as provided by her policy.

Burrell initially …