Fireman's Fund Insurance v. Plant Insulation Co. (In re Plant Insulation Co.)

MEMORANDUM *

Appellee insurance companies (the “Non-Settling Insurers”) challenge the bankruptcy court’s confirmation of Plant Insulation Co.’s Chapter 11 plan. We address several of their claims in an opinion filed concurrently with this memorandum disposition. The relevant facts are discussed in that opinion.

I

The Non-Settling Insurers argue that the bankruptcy court erred in admitting certain expert testimony. The court’s evi-dentiary rulings are subject to “abuse of discretion” review. Gen. Elec. Co. v. Joiner, 522 U.S. 136, 141 , 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997).

First, the Non-Settling Insurers allege that the experts, Steven Snyder and David McClain, have a direct financial stake in the outcome of the case because of their relationships with the debtor and the Creditors’ Committee and this precluded them from testifying. This is not our law. Generally, “evidence of bias goes toward the credibility of a witness, not his competency to testify.” United States, v. Abonce-Barrera, 257 F.3d 959, 965 (9th Cir.2001).

Second, the Non-Settling Insurers argue that these experts did not use “reliable principles and methods” in presenting their testimony. In the Daubert…