SNR Denton LLP on Jones v. Farmers Insurance Exchange: Whether Insurer's Position Is Fairly Debatable Not Always Susceptible to Summary Judgment

By William T. Barker, Partner, SNR Denton LLP In Jones v. Farmers Insurance Exchange, the Utah Supreme Court held that the district court had erred in granting summary judgment that the insurer's denial of coverage was "fairly debatable" and, thus, not bad faith. This reflects a trend...

Expert Must Explain Conclusions: Conclusory Affidavit Not Evidence

An expert witness, providing an affidavit in opposition to a motion for summary judgment, must provide the same type of testimony he or she would provide if called as a witness at trial. Information known to the expert and the basis of the expert’s testimony will be ignored if it is simply conclusory...