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First Professionals Insurance Company v. Oscar F. Florendo

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 20, 2013

FIRST PROFESSIONALS INSURANCE COMPANY,
PLAINTIFF,
v.
OSCAR F. FLORENDO, M.D.; OSBEC MEDICAL OF SOUTHERN ILLINOIS, LLC; WAL-MART STORES, INC.; AND KARA MANLEY, ADM. OF THE ESTATE OF GARY W. MANLEY, DECEASED, DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

Pending before this Court is plaintiff First Professionals Insurance Company ("FPIC")'s first motion in limine (Doc. 35). As to plaintiff's motion to bar any mention of settlement offers, the Court GRANTS FPIC's motion. The Court finds this information is not relevant. Likewise, FPIC's motion to bar mention of the cost of insurance premiums paid by the defendants is GRANTED. The Court finds this information is similarly not relevant.

As to FPIC's motion to preclude defendants from mentioning the limits of the policy at issue, the Court GRANTS this motion. The Court finds the information is irrelevant. FPIC's motion to bar any mention of reimbursement for any loss or payment through re-insurance is also GRANTED, as the Court finds this information to be not relevant. As to FPIC's motion to bar any evidence, testimony or reference to the parties' financial situation or the economic disparity of the parties, the Court GRANTS this motion. The Court finds this information to be irrelevant.

As to FPIC's motion to bar any argument that the insurance application was not attached to the policy in question and thus, FPIC could not deny coverage based on a statement or omission in the application, the Court GRANTS this motion. The Court finds pursuant to 215 ILCS 5/154, there is no requirement that the application be attached to the policy.

FPIC's motion to bar any evidence, testimony and/or reference to any prior allegations or prior claims made against FPIC or its employees regarding improper claims practice, bad faith or improper denials of coverage is GRANTED. The Court similarly finds this information is not relevant.

As to FPIC's motion to bar any evidence, argument, testimony or inference about Susan McCray's opinions due to her untimely disclosure by defendants, the Court GRANTS this motion. See Doc. 57, Order granting motion to bar Susan McCray's testimony.

Finally, as to FPIC's motion to exclude all witnesses from the trial, with the exception of the parties, and to further prohibit any non-party witness from discussing trial testimony with another non-party witness, the Court GRANTS this motion. Pursuant to Rule 615, Fed R. Civ. P., "[a]t a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony."

IT IS SO ORDERED.

Digitally signed by

David R. Herndon Chief Judge United States District Court

Date: 2013.02.20 11:50:40 -06'00'

20130220

© 1992-2013 VersusLaw Inc.



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