Trial Court Erred In Excluding Expert Opinion Testimony.

An excess insurance carrier covering Costco sued a tire manufacturer and its insurance carrier to recover sums the excess carrier expended in settlement of a personal injury claim resulting from tire defects. Both Costco and the tire manufacturer settled with the plaintiff in the underlying case. In a motion in limine in the present case, the trial court ruled the excess carrier’s proof of a tire defect would be limited to the opinions of the expert designated by the underlying plaintiff in the underlying case. The appellate court reversed and remanded, finding the exclusion of expert opinion testimony “on a matter properly subject to expert opinion” was error. (National Union Fire Ins. Co. of Pittsburgh, PA v. Tokio Marine & Nichido Fire Ins. Co. (Cal. App. Second Dist., Div. 5; February 4, 2015) (As modified Mar. 5, 2015) 233 Cal.App.4th 1348, [185 Cal.Rptr.3d 296].)