After a failed bid to take an interlocutory appeal from a federal district court’s denial of its motion for summary judgment in a case alleging that the broker negligently presented incomplete and misleading information to the plaintiff reinsurer, the court considered a number of evidentiary motions in limine. On October 9, 2008 we reported the US District Court for the Eastern District of Pennsylvania’s ruling on those motions. Some of the proffered testimony and exhibits were excluded with the caveat that the proponent could undertake to cure the defect and seek admission a second time. Plaintiffs sought reexamination of five pieces of excluded evidence. The court generally found the proffered evidence admissible. The most notable exhibits in this category were two extensive financial tables purportedly generated from the reinsurer’s financial system, and a summary of various “bordereaux” and other information included in the financial tables. The court originally excluded these for lack of foundation, but Plaintiff proffered a detailed affidavit describing the computer system, the witnesses' knowledge and oversight of its operation, and his attestation of authenticity. The court determined that the witness was qualified to authenticate the documents and that his sworn affidavit was sufficient. Accordingly, the exhibits were found to be admissible at trial. United National Insurance Co. v. Aon Ltd, Case No. 04-539 (E.D. Pa. Aug. 7, 2008).
This post written by John Black.