The American Property Casualty Insurance Association (APCIA) has expressed its support for a new amendment to Rule 702 of the Federal Rules of Evidence, which sets standards that a judge must follow when determining the admissibility of expert evidence in federal courts.

The amendment took effect on Dec. 1. According to Don’t Say Daubert, an organization focused on reforming state and federal rules governing the admission of expert evidence in civil courts, the amendment clarifies that:

• Courts must determine admissibility before allowing an expert witness to testify
• The proponent of expert testimony must establish its admissibility by a preponderance of evidence
• The court’s “gatekeeping” responsibility on expert testimony does not end with the determination of admissibility, but is ongoing and includes everything an expert witness says

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“APCIA commends the newly enacted amendment to Federal Rule of Evidence 702 that clarifies the court’s role in expert testimony admissibility,” said Stef Zielezienski, executive vice president and chief legal officer at APCIA. “The adoption of more balanced rules regarding expert testimony and related witnesses will improve admissibility decisions and will help create stability in the civil justice system. APCIA urges the states to implement similar reforms.”

APCIA, a national trade association for home, auto and business insurers, recently shared insights on what the increasing adoption of electric vehicles could mean to insurers. voiced its opposition to proposed insurance reforms in Michigan, saying the proposals could increase costs for consumers.

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