(b) Direct testimony as to market value is in the nature of opinion evidence. (a) If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences shall be limited to those opinions or inferences which are: (1) Rationally based on the perception of the witness (2) Helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue and (3) Not based on scientific, technical, or other specialized knowledge within the scope of Code Section 24-7-702. However, Georgia’s statute on admissibility of lay witness testimony, OCGA § 24-7-701, provides: On appeal, the Georgia Court of Appeals held the court did not err in excluding the contractor’s testimony as an expert witness because “ estimation of the diminution in value of the subject property ‘was not based on any market comparisons or related methodology’ ” and that the insureds “failed to establish that the methodology by which reached his conclusions was sufficiently reliable” to qualify him as an expert witness. The trial court granted the motion to exclude the contractor’s testimony as both an expert and a lay witness regarding the diminution in value of the insureds’ property. Their breach of contract claim was based on allegations that a fallen tree had caused a crack in the slab foundation of the house, that the value of the house had been diminished by the cracked foundation, that the diminished value was a covered loss under the policy that was not included in the appraisal award, and that the insurance carrier had failed to pay for that diminished value.ĭuring the litigation, the insurance carrier filed a motion to exclude the testimony of the insured’s contractor, who repaired the home and opined that the house lost 25% of its value due to the crack in the foundation. After going through the appraisal process with their insurance carrier, they filed a lawsuit against the insurance carrier seeking payment for diminution in value. The insureds’ property was damaged when a large tree fell onto their roof during a thunderstorm. Georgia Farm Bureau Mutual Insurance Company, 1 an issue arose regarding whether a contractor retained by the insured could properly offer opinions diminution of value as an expert witness or lay witness. In a first-party property insurance dispute, a property owner may seek to have a lay witness or expert witness testify that the value of his or her property diminished in value as a result of the loss.
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