Leveraging Daubert/Frye Standards In Insurance Litigation for Expert Testimony in State and Federal Court

Distinguishing Daubert vs. Frye Standards, Challenging Expert Reliance on Hearsay Articles, Using Daubert/Frye Motions

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, July 12, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare insurance litigators to meet the Daubert/Frye standards on admissibility of expert opinion testimony and outline effective strategies for challenging expert testimony. Litigators will learn key differences between federal and state expert testimony standards in those jurisdictions that have not adopted Daubert and how the use of one set of standards over another impacts the case.


Daubert/Frye issues and the reliability of expert testimony is often at the heart of insurance litigation whether coverage, bad faith or claims litigation. Despite the varied types of experts utilized in insurance disputes, the battle over reliability and admissibility often dictate the lawsuit’s outcome. If not dispositive of the case, a successful Daubert/Frye challenge can put a party in a more favorable settlement position.

While Daubert controls admissibility in federal courts and states that have adopted Daubert, in many states Daubert does not control. Some states use a Frye approach and may consider Daubert rulings relevant or persuasive on some scientific issues. Litigators must be familiar with both approaches and recognize when the use of one set of standards over another may impact the outcome of the case.

Litigators must weigh strategic and procedural issues in challenging expert testimony, including bringing a challenge at summary judgment stage or a motion in limine. A vexing issue facing opposing counsel is the experts’ use of hearsay articles and literature to express an opinion. Counsel can challenge the professionally reliable hearsay exception by critically questioning the significance of peer-reviewed publications.

Listen as our authoritative panel of experienced insurance litigators discusses the Daubert/Frye standards for admissibility of expert witness testimony in insurance coverage, bad faith and claims litigation. The panel will discuss key strategic and tactical issues in challenging expert witness testimony and the differences between Daubert standards and standards in states that have not fully adopted Daubert.



  1. Overview of Daubert and Frye standards for admissibility of expert witnesses
  2. Standards in states where Daubert does not control
  3. Strategic and tactical considerations in challenging expert testimony
    1. Motions in limine
    2. Motions for summary judgment
    3. Experts’ use of hearsay articles and literature
  4. Case law applying expert witness reliability standards in insurance litigation


The panel will review these and other key issues:

  • How can counsel effectively challenge an expert witness’ theories and whether those theories have been adequately tested?
  • Under what circumstances should counsel consider not filing a Daubert/Frye motion?
  • What are the pros and cons of challenges to expert testimony at summary judgment or in motions in limine?
  • What are the key differences between federal and state expert testimony standards in those jurisdictions that have not adopted Daubert?
  • What are effective challenges to experts who rely on hearsay articles written by others?


Engh, Anna
Anna P. Engh

Covington & Burling

Ms. Engh has a wide range of experience in the insurance coverage area.  She has handled coverage litigation and...  |  Read More

Michael P. O'Day
Michael P. O'Day

DLA Piper

Mr. O’Day is a trial lawyer who handles a broad range of complex commercial disputes in federal and state courts...  |  Read More

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