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describing four prior sexual misconduct cases Kemper’s expert witness demanded that plain-
against Yale as well as information related to tiff pay a $3,000 fee regardless of the duration
sexual harassment amongst Yale students. While of the deposition and refused to appear absent
the court recognized that this information may prepayment. After Kemper refused to explain
be germane to Yale’s culture, there was no re- the basis for the fee, Hobson moved to deter-
lationship to the plaintiff’s allegations and thus mine the reasonableness of the expert fees, and
the information had to be stricken. the court agreed that Kemper’s demands were
unreasonable and ordered the expert to appear
EXPERT WITNESSES • FEE DISPUTES • and present a bill after the deposition.
INSURANCE LITIGATION
INSURANCE LITIGATION • MASS TORTS
Homeowner Able To Show Expert Class Action Certification Denied in
Witness Prepayment Flat Fee Insurance Fraud Case
Unreasonable
CASE: Negron v. Cigna Health & Life Ins. Co.
CASE: Hobson v. Kemper Independence Ins. Co. COURT: U.S. District Court for Connecticut
COURT: U.S. District Court for Connecticut DOC. NO.: 3:16-cv-01702
DOC. NO.: 3:20-CV-00812 COURT OPINION BY: Meyer
COURT OPINION BY: Merriam DATE: May 20, 2021 • PAGES: 51
DATE: May 26, 2021 • PAGES: 11 A group of individuals, who sought class action
A homeowner, who was informed by her insur- certification in relation to an alleged fraudulent
ance company that the insurance company’s scheme by an insurance company, was unable to
expert witness would refuse to be deposed prove to that there were questions of common
until after prepayment of $3,000, was able to fact and law. The plaintiffs, a group of individuals
show that this was an unreasonable request. In using prescription drug plans by defendant Cigna
May 2018, the home of the plaintiff, Deanne Health and Life Insurance Company, alleged that
Hobson, was severely damaged during a storm all Cigna plans resulted in an overcharge by the
and she requested that her insurance company, pharmacies as part of a conspiracy to obtain high-
Kemper Independence Insurance Company, er amounts. The plaintiffs moved to certify two
cover the damages per her policy. After an in- classes, a class under the Employee Retirement
spection of the damage, Kemper estimated re- Income Security Act and a class under the Rack-
pairs at approximately $79,000, significantly eteer Influenced and Corrupt Organizations Act.
less than the approximately $234,000 Hobson The court denied the certification, ruling that the
alleged was necessary. After filing suit, Hob- issue of whether any liability of Cigna cannot be
son and Kemper engaged in discovery, whereby adjudged on a massive class-wide basis.

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