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Manpower, Inc. v. Ins. Co. of Pa.

United States Court of Appeals for the Seventh Circuit

November 27, 2012, Argued; October 16, 2013, Decided

No. 12-2688


 [*798]  Tharp, District Judge. In this insurance coverage dispute, Manpower, Inc., claims various losses stemming from a building collapse that left its French subsidiary unable to access its office space for more than a year. Manpower won an early victory against the Insurance Company of the State of Pennsylvania ("ISOP") when the district court initially held that Manpower was covered under the so-called "master" policy issued by ISOP for its business interruption losses and the losses of its business personal property and improvements and betterments. But the  [**2] case went south for Manpower when the district court excluded Manpower's accounting expert, without whom Manpower could not establish its business interruption damages. Manpower was dealt a second blow when the district court ruled that, although the ISOP master policy provided coverage for the losses of business personal property and improvements and betterments, that coverage was not triggered because the  [*799]  same losses were also covered under the subsidiary's local French policy, which had to be fully exhausted before coverage under the master policy was available. Manpower now appeals the exclusion of its accounting expert—and the attendant adverse judgment on its business interruption claim—as well as the district court's interpretation of the applicable policies with respect to its property loss claims. For the reasons that follow, we reverse the district court's exclusion of the expert, and therefore its entry of judgment against Manpower on the business interruption claim. We affirm the district court's judgment for ISOP on the property loss claim, agreeing with the district court that the master policy does not provide coverage for Manpower's property losses.


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732 F.3d 796 *; 2013 U.S. App. LEXIS 20959 **; 92 Fed. R. Evid. Serv. (Callaghan) 893; 2013 WL 5631232


Prior History:  [**1] Appeal from the United States District Court for the Eastern District of Wisconsin. No. 08 C 00085 — Lynn Adelman, Judge.

Manpower Inc. v. Ins. Co. of the Pa., 2011 U.S. Dist. LEXIS 39285 (E.D. Wis., Apr. 11, 2011)


district court, local policy, coverage, reliable, business interruption, methodology, growth rate, losses, collapse, calculating, translation, physical damage, expert testimony, interruption, summary judgment, betterments, projections, variables, covering, expenses, damages, insured, business personal property, extrapolation, parties, principles, regression, inputs, general condition, special condition

Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Evidence, Admissibility, Expert Witnesses, De Novo Review, Expert Witnesses, Daubert Standard, Helpfulness, Trials, Jury Trials, Province of Court & Jury, Examination, Cross-Examinations, General Overview, Insurance Law, Claim, Contract & Practice Issues, Policy Interpretation, Judicial Review, Contracts Law, Contract Interpretation