Engaged by wholesale intermediary’s defense counsel to assess placement issues for surplus lines Warehouseman’s Legal Liability insurance. Dispute arose following carrier’s denial of a fire loss to goods stored at a warehouseman’s location. Attorney Joe Campo, Lewis Brisbois Bisgaard & Smith LLP, (213) 680-5072. Rotax v. G.J. Sullivan/Amwins, et al, Case No. 20STCV107687 In the Superior Court of the State of California for the County of Los Angeles.
Insurance Agents Errors and Omissions Expert Witness Cases
** In addition to the “Insurance Agents Errors and Omissions” cases listed below, please see our Insurance Professional Liability cases. View “Professional Liability” cases.
Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder. The policyholder had declined water damage coverage during a surplus lines placement, resulting in carrier later denying the sprinkler claim. Attorneys Doug Fogle and Joel Wertman, Winget, Spadafora & Schwartzberg, LLP (215) 433-1500. Newtown Square v. Worldwide Facilities, et al, Civil Action No. 21-5397 In the United States District Court for the Eastern District of Pennsylvania.
Engaged by policyholder counsel as an insurance expert witness to analyze Agents Errors & Omissions issues pursuant to an agent’s calculations of replacement cost for a high value dwelling. The agent’s worksheets showed artificially low values for square footage and quality of the home’s features. When a fire destroyed the home during the 3rd policy year, agent’s deficient calculations left the dwelling insured for ~50% of actual replacement cost. Attorney Rick Lombardo, Shafer Lombardo Shurin (816) 931-0500. Tolefree v. Farm Bureau, Case No. 2021-CV-000391 In The District Court Of Douglas County, Kansas.
Retained by policyholder counsel as an insurance expert witness to review insurance industry renewal procedures when an agent failed to adequately disclose Business Income insurance being deleted on a renewal policy. Dispute arose following a major fire loss, when the agent finally informed the policyholder clearly that its Commercial Property policy provided only Extra Expense coverage leaving a multi-million dollars claim uncovered. Attorneys Halsey Knapp and Barclay Valloton, Krevolin & Horst, LLC (404) 888-9700. Buckhead v. McGriff Insurance Services, Civil Action File No. 22-GSBC-0004 In The Georgia State-Wide Business Court.
Retained by policyholder counsel as an insurance expert witness to review insurance industry standards of care for claims reporting under Claims-Made policy form relative to Agents Errors and Omissions. Despite clear indications of a pending claim from a flawed acid wash facial treatment, the agent neglected to notify the carrier and further had the insured falsify renewal application information. Attorneys Brady Rife and Paul Belcher, Stephenson Rife, LLP (317) 593-4648. Krambeck v. All Insurance Services, LLC, Cause No. 49D01-2007-PL024354 Indiana Commercial Court In The Marion County Superior Court.
Engaged by policyholder counsel seeking recovery for construction defect claims resulting from installation of faulty pipe under the Houston Ship Channel. Case required contrasting coverage analysis of contractor’s Commercial General Liability versus manufacturer’s Products Liability, plus Insurance Bad Faith relative to agency’s failure to disclose available Products Liability coverage terms that would have likely covered the claim. Attorneys Michael Watson and Sheryl Kao - Martin, Disiere, Jefferson & Wisdom, LLP, (214-420-5526). Axis Pipe and Tube v. Alliant Insurance Services, et al, Cause No. 202138793 In 281st Judicial District Court, Harris County, Texas.
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions relative to standards of care for placing Homeowners Insurance policies. Agent placed coverage with a ‘Cosmetic Roof Exclusion’ whereas prior carrier’s policy had no such exclusion for metal roofs. Policyholder suffered significant financial damage after denial of a hailstorm claim. Attorney Matt Montgomery, Hossley Embry, LLP. Permenter v. Assured Partners, Civil Action No. 3:31-cv-1325 In United States District Court for the Northern District of Texas Dallas Division.
Engaged by carrier counsel pursuing an Insurance Agent Errors & Omissions action for Bad Faith to recover claim payments made under a Workers Compensation policy underwritten based on agent’s material misrepresentations on the application. After a tree trimming worker was seriously injured it was discovered the agent had withheld critical underwriting information relative to eligible NCCI classifications and guidelines for the Workers Compensation program. Case required analysis of NCCI class codes and disparate answers provided on multiple Workers Compensation applications. Attorneys Brad Burns and Amanda Newman, Dickinson Wright, PLLC (602) 285-5000. FirstComp v. Ensign, Case No. CV2020-007001 In the Superior Court Of The State of Arizona In And For The County Of Maricopa.
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions issues relative to standards of care for placing NFIP flood policies on buildings in unmapped rural areas with no Flood Zone determination. Complicating factors included issues of flood-in-progress and interstate highway construction blocking the natural drainage outlet of a glacial depression prairie lake decades before the flood. Wilkens v. Dorris; Attorney Mitch Peterson, Davenport, Evans, Hurwitz & Smith, LLP (605) 357-1242
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions standards of care for placing Commercial General Liability and/or Professional Liability coverage. Agent failed to recognize and address Advertising Injury exposures created by operations of the real estate firm policyholder which provided advertising and marketing services to developers and real estate entities. When policyholder was sued for “copyright Infringement” the claim was denied based on the Advertising Injury exclusion. Attorneys Andrea DeField and Austin Priddy, Hunton Andrews Kurth, LLP, (305) 810-2500. Urban Living v. ISB Insurance Services, Case No. 202055546 In The 55th Judicial District Court of Harris County, Texas.
Engaged by defense counsel to respond to allegations of Insurance Agency Errors & Omissions stemming from placement of Ocean Marine Insurance coverage for the lessee under a short-term barge rental and subsequent denial of a hull damage claim. Case required analysis of issues including limited carriers willing to quote short-term coverage, the barge owner’s allegations of Business Income loss, and whether any barge damage occurred during the rental. Attorney Ken Gutsch, Richmond & Quinn, (907) 276-5727. Swalling v. Alaska USA Insurance Brokers, Case No. 3AN-19-10857CI, In Superior Court For The State Of Alaska Third Judicial District At Anchorage.
Engaged by counsel for numerous plaintiffs who suffered flood damage from the May 2020 Edenville dam failure in Midland County, MI. Case(s) required review of NFIP guidelines for Flood Zones mapping/remapping, and notification to property owners relative to potential Insurance Agent Errors & Omissions claims. Attorney Andrew Laurila, Rasor Law Firm, PLLC (248) 543-9000.
Retained by insurance agency counsel defending alleged Agent Errors and Omissions for failure to procure Business Income coverage for Covid-19 losses under a Commercial Auto (Mobile Operations) endorsement to a Businessowners policy. Case required response to a laundry list of alleged duties owed by the agent far outside the accepted standards of care for a reasonably prudent Texas insurance agent. Case assessment included the lack of physical damage, the standard virus exclusion found in most ISO property forms, and the likelihood of the insured’s failure to read the policy. Attorneys John Nevins and Robert Bragalone, Gordon Rees Scully Mansukhani, LLP, (214) 231-4660. Sanbuco v. Governor Insurance Agency, et al; Civil Action No. SA-20-CV-01045-XR In United States District Court, Western District of Texas San Antonio Division.
Retained by counsel for carrier seeking recovery from the placing insurance agency based on material misrepresentations regarding the fire protection system required by the carrier to insure a hotel which later suffered a total fire loss. Engagement required analysis of communications between insured/agency and managing general agent relative to carrier underwriting guidelines and non-compliance with inspection requirements. Litigation ensued following initial claim denial with subsequent payment. Attorney Jennifer Martin, Wilson, Elser, Moskowitz, Edelman & Dicker (214) 698-8000. Liberty Mutual v. Cottom/RCI Insurance Group, Case No: CJ-2016-03004 In The District Court Of Tulsa County State of Oklahoma.
Engaged by Surplus Lines intermediary’s defense counsel to evaluate allegations of Agent Errors & Omissions and Insurance Bad Faith involving placement and renewal of a contractor’s Commercial General Liability policies. Analysis involved guardrail operations being excluded, multiple policies and additional insured issues. Litigation followed carrier’s claim denial for a vehicle accident involving guardrail repairs performed by the contractor. Attorney Tom Alleman, Dykema Gossett PLLC (214) 698-7830. Guerra v. US Risk, et al, Cause No. C-3634-18-B In The District Court of Hidalgo County, Texas 93rd Judicial District.
Engaged by policyholder counsel alleging Agent Errors and Omissions as its basis to recover coinsurance penalties. Despite assuming duties to set replacement cost limits for a hotel, the insurance agency made material errors resulting in deficient property limits and the property being severely underinsured for a hailstorm claim. Engagement required analysis of agency’s flawed valuation methodology using tax rolls and appraised ‘market value’, coinsurance calculations, and issues involving Ordinance & Law and extended Business Income loss. Attorney Todd Hurd (817) 426-4529. Cornerstone, et al v. Rodda Yates, et al; Cases No. 2015-514,308 In The District Court Of Lubbock County, Texas, 99th Judicial District.
Retained by counsel defending a landlord policyholder against tenant allegations of injury due to negligence following an apartment complex fire loss. Policyholder provided suit papers to the agent, who in turn failed to forward same to carrier resulting in a default judgment being entered in favor of the tenant. Carrier denied coverage based on extreme prejudice for late claim reporting. Case required analysis of issues regarding Agents Errors & Omissions, Insurance Bad Faith and Commercial General Liability. Geier v. Stonewood Apartments v. The Sloan Agency, Case No. 1716-CV25412 In the Circuit Court of Jackson County, Missouri at Kansas City. Attorney Wes Carillo, Ensz & Jester, PC, (816) 474-8010.
Engaged by counsel defending allegations of Agent Errors and Omissions relative to Commercial Auto underlying limits required for Umbrella coverage. Case involved policyholder allowing Commercial Auto policy to cancel for nonpayment and later placing coverage with deficient limits through a different agent. Case required analysis of policyholder’s pattern of conduct and failures to communicate relative to realistic expectations of the agency, plus Umbrella policy language relative to requirements in a construction agreement. Litigation resulted after carrier denied Umbrella coverage following a fatality auto accident. Attorney Shelley Rogers, Sheehy Ware Pappas, (713) 951-1033. ATCI v. Holmes Murphy, et al; Cause No. CC-18-02926-E, In The County Court at Law No. 5, Dallas County, Texas.
Retained by counsel defending against a third-party landlord’s allegations of Agents Errors & Omissions and Insurance Bad Faith for ‘failure to procure’ additional insured status. Policyholder’s landlord alleged reliance on being a Certificate Holder on ACORD Certificates of Liability Insurance as grounds for being an additional insured under policyholder’s Commercial General Liability and Environmental Liability policies. Engagement required analysis of insurance requirements in the lease, scope of coverage for additional insureds and/or whether landlord ever requested being added as an additional insured. Landlord’s allegations also included Business Income Loss of Rents during site cleanup. HLT v. AssuredPartners, Case No. 1:18-cv-00045-RP, In The United States District Court For The Western District of Texas, Austin Division. Attorney Lisa Yerger, Macdonald Devin P.C. (214) 499-5116
Engaged by policyholder counsel to analyze NFIP, non-NFIP and/or Excess Flood Insurance issues. Case required analysis of NFIP Flood Zones remapping and Flood Insurance Rate Map revisions for a Hurricane Harvey loss at an uninsured location. Agency was retained under terms and conditions of a fee-based insurance and risk management services contract. Attorney Will King, Feldman and Feldman, PC (713) 986-9471. The Harris Center v. Higginbotham, Case No. Case No. 201812120 In 80th District Court, Harris County, Texas.
Engaged by defense counsel for Surplus Lines agency to address allegations of Insurance Agent E&O and Bad Faith including failure to procure proper insurance coverage. Case required analysis of the placement process to provide Property and Builders Risk insurance for an existing hotel plus renovations and additions. Dispute resulted from carrier’s partial denial of a windstorm claim while the hotel was still under construction. Attorneys Sarah Wariner and Scott Shanes, Clark Hill | Strasburger (469) 287-3900. Robertson v. Chubb, CRC, et al, Cause No. A160450C In The 51st Judicial District Court, Tom Green County, Texas.
Retained by policyholder’s counsel to opine regarding material misrepresentations made by the wholesale agent/intermediary in placing a large apartments/condominiums enrollment policy. Misrepresentations included the structure of self-insured retentions, towers of policy layers with multiple carriers, stop-loss limits and failure to add/delete properties when requested. Case required analysis of issues including Agents Errors & Omissions, Insurance Bad Faith, Commercial Property and Business Income Insurance. Property Risk Services Management v. Jonathan Hilsher, Risk Placement Services, et al, Cause No. DC-18-04287 In The 193rd Judicial District Court, Dallas County, Texas. Attorney Tim Soefje, Seltzer Chadwick Soefje & Ladik, PLLC (469) 626-5180.
Engaged by policyholder counsel to calculate Superstorm Sandy damage to several buildings that would have been recoverable had agent properly placed NFIP policies. The case required preparation of proforma NFIP ACV and ICC claim values plus potential recovery under an excess flood policy. Attorney Jeff Schulman, Pasich, LLP (212) 686-5000. Ferguson v. Whitmore Group, Index No. 15-610192 / CAL No. 17-014260T, Supreme Court State of New York, IAS Part 38 – Suffolk County.
Engaged by counsel defending insurance carrier against allegations of Bad Faith claims handling following denial of an uncovered Flood claim. Case required analysis of NFIP Flood Zone definitions relative to an Inland Marine policy flood exclusion. Attorneys Mike Cawley and Alex Brown, Gordon & Rees | Scully Mansukhani, LLP (215) 561-2300. Vanguard v. Atlantic Specialty Insurance Co. Court of Common Pleas of Philadelphia County, January Term 2017, No. 02023.
Engaged by policyholder counsel to analyze and opine on Agents Errors & Omissions relative to the procurement of a Hole-In-One Special Events policy. The case required analysis of agent’s failure to inform policyholder regarding minimum yardage warranties in the binder. The dispute resulted after two Hole-In-Ones were not covered, requiring the policyholder to pay the prize indemnity award. Old White Charities v. Bankers Insurance; Civil Action No. 5:l7-cv-01375 in the United States District Court for the (Southern) District of West Virginia. Attorneys Lorie Masters and Michael Levine, Hunton Andrews Kurth (202) 955-1500.
Engaged by insurance agent’s defense counsel to analyze allegations of Insurance Agent Errors and Omissions and Insurance Bad Faith. Case involved multiple Commercial Auto policies, Commercial General Liability, Professional Liability and required analysis of coverage grants for loading/unloading. Dispute followed carrier claim denial due to vehicle in question not being described as a ‘Covered Auto’. Attorneys Amanda Harvey and Kayleigh Watson, Wilson Elser Moskowitz Edelman & Dicker LLP (214) 698-8000. National Ambulance v. Hija Insurance Agency, et al. Cause No. 2016-52143 In 11th Judicial District Court, Harris County, Texas.
Retained by defense counsel to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith relative to a Professional Liability policy renewal. Case included allegations of failure to procure alongside issues of questionable policyholder Medical Malpractice claims reporting. Surplus Lines carrier renewed a Claims Made policy with a material reduction of coverage; subsequent claim denial resulted in litigation involving multiple parties. Attorneys Paul Gerding and Echo Reynolds, Kutak Rock LLP (480) 429-5000. Infini v. Wells Fargo Insurance Services USA, Inc., et al; Case No. 2:16-cv-03874-PHX-GMS In The United States District Court, District Of Arizona
Engaged by defense counsel to address allegations of Insurance Agent E&O / Bad Faith involving Business Income – Rents insurance. Dispute resulted following a restaurant fire loss and subsequent carrier denial of landlord’s claim for Rents coverage under tenant’s Property insurance policy. Case required analysis of insurance requirements in a building lease, numerous years of tenant and landlord carrier/coverage histories and associated Certificates of Insurance. Attorneys Bill Threlkeld and James Wilcoxen, Fenton, Fenton, Smith, Reneau & Moon, PC, (405) 235-4671. PWB v. Frates Insurance, Case No. CIV-17-387-R, In The United States District Court For The Western District of Oklahoma.
Retained by counsel for carrier seeking to rescind a Commercial General Liability policy based on agent’s failure to disclose material underwriting information on the application. Case required analysis of issues relative to Agents Errors & Omissions, Insurance Bad Faith Claims Handling and Workers Compensation issues involving an injured worker. Atlantic Casualty v. N&A Properties; Case 4:17-CV-368-A in United States District Court for the Northern District of Texas, Fort Worth Division. Attorneys Camille Johnson and Steve Santayana, Savrick, Schumann, Johnson, McGarr, Kaminski & Shirley, LLP, (214) 368-1515.
Engaged by policyholder counsel to analyze and opine on issues relative to Agents Errors & Omissions relative to Business Income coverage. Dispute resulted from Insurance agency’s failure to follow up with policyholder on carrier request for Business Income underwriting information at a new location. This failure resulted in partial denial of a Business Income claim when a building collapsed. Attorneys Mike Abrams and Kim Winter, Lathrop Gage, LLC (816) 460-5530. Axiom v. Marrs & Davolt, Case No. 16CY-CV00586 Division No. 5, In the Circuit Court of Clay County Missouri.
Engaged by defense counsel to analyze Agent Errors & Omissions issues relative to whether the agent was provided a copy of an oil field services Master Services Agreement. Plaintiff had failed to provide the agent with accurate information to obtain Jones Act / USL&H Maritime Workers Compensation and/or Other States coverage. The dispute resulted from the Commercial General Liability carrier denial of a contractual liability indemnity claim (under the customer’s MSA) for an employee injury which occurred over water. Zadok v. Bell Insurance, Cause No. 2016-44757 In 80th Judicial District Court, Harris County, Texas. Attorneys Ryan Brown and Nathan Shackelford, Hermes Law, PC (214) 749-6800.
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to whether the insurance agent was ever provided a copy of an oil field Master Services Agreement. The dispute resulted from an employee injury, plaintiff’s previous failure to complete required actions to obtain Workers Compensation and carrier denial of a Commercial General Liability claim. Allegations against the agent included failure to procure Commercial Auto and Commercial General Liability to comply with MSA contractual liability insurance requirements. Emperor v. Millennium Insurance Services; Cause No. 2016CI14546 In The District Court of Bexar County, Texas 150th Judicial District. Attorney Frank McNiff, Welder Leshin Lorenz McNiff Buchanan Hawn, LLP, (361) 561-8008.
Engaged by counsel defending insurance agent against Agent Errors & Omissions failure to procure allegations. Case involved carrier notice to the insured that the flood peril would be removed at renewal of its property policy. Agent received no response to NFIP flood quotes provided to the policyholder. Policyholder now asserts that it instructed agent to procure NFIP replacement policies for two locations which subsequently sustained uncovered flood losses. Attorney Anthony Green, Winget, Spadafora & Schwartzberg, LLP (212) 221-6900. Pinnacle Property v. Haylor Freyer & Coon, et al, Index No.: 2016EF2833, Supreme Court of The State of New York County of Onondaga.
Designated as an Arbitrator in a carrier dispute with its Managing General Agency / Third Party Administrator relative to a Personal Auto program. Case involved analysis of underwriting criteria, claims handling custom and practice and allegations of Insurance Agent Errors and Omissions. Attorney Dan Vana, Benjamin, Vana, Martinez & Biggs LLP (210) 881-0667. National Unity Insurance Company, Petitioner, v. Tejas Seguros, LLC, Respondent; Proceeding in Arbitration
Engaged by plaintiff counsel as consulting expert to evaluate Agent Errors and Omissions issues relative to Uninsured Motorist bad faith claims handling. Dispute resulted from a motorcycle rider being seriously injured after agent’s failure to procure Personal Auto coverage. Fry v. Colorado Insurance Advisors, Progressive Insurance, et al; Case No. C2017CV30290, Larimer County District Court, State of Colorado, Division 4A. Attorney Phillip Chupik, Metier Law Firm LLC (970) 377-3800.
Engaged by counsel defending insurance carrier against allegations of Bad Faith Claims Handling. Case involved a Motor Truck Cargo total fire loss of load being hauled, and subsequent claim denial by carrier. Two expert reports were required: carrier was initially Defendant (against policyholder allegations) and later Third Party Plaintiff (when it joined the insurance agency as a Third Party Defendant). Case required expertise with Inland Marine policy forms, Motor Truck Cargo coverage placement through a wholesale broker / Purchasing Group master policy and Agent Errors & Omissions regarding non-disclosure of terms & conditions to policyholder. Attorney John Kazen – Kazen, Meurer & Perez (956) 712-1600. Zebra Carriers v. Pennsylvania Manufacturers’ Association Insurance Company v. Solo Trucking Insurance Agency; Cause No. 2015-CVQ-003844-D2 In 111th Judicial District Court, Webb County, Texas.
Engaged by counsel defending insurance carrier against allegations of Bad Faith Claims Handling. Case involved a trucker covered under a specified commodities Motor Truck Cargo policy. Litigation resulted from claim denial for a total fire loss of load based on commodities being hauled had not been declared on the application. Case required scrutiny of Agent Errors & Omissions issues relative to coverage placement under a Purchasing Group master policy, non-disclosure of terms & conditions to policyholder/applicant and expertise with Inland Marine / Motor Truck Cargo policy forms. Attorney Andy Kehagiaras, Roberts & Kehagiaras LLP (310) 642-9800. US Cheeta Trucking v. Valleys Best Insurance, et al, Case No. 34-2015-00184655-U-IC-GDS, Superior Court Of The State of California For The County of Sacramento.
Engaged by policyholder counsel to analyze coverage under a Homeowners policy endorsed to insure a float home. Carrier’s claim denial for windstorm damage to the float home subsequently lead to litigation. Case required expertise with Agent Errors & Omissions relative to covered perils under Homeowners and Marine insurance policy forms. Eismann v. Farm Bureau, Case No. CV-2016-478 In First Judicial District Court Of The State of Idaho, County of Kootenai. Attorney April Linscott, Owens, McCrea & Linscott, PLLC (208) 762-0203.
Engaged by defense counsel to address allegations of Managing General Agent E&O / Bad Faith involving placement of surplus lines. Litigation resulted following claim denial for a vehicle accident involving a city bus being driven by a temporary staff employee. Case involved Non-owned Autos coverage under Commercial Auto and/or as an endorsement to Commercial General Liability policies. Attorneys Heather Duplantis and Kevin Welsh, Phelps Dunbar LLP (225) 346-0285. Johnson v. City of Alexandria, Number 247,208 In 9th Judicial District Court For The Parish Of Rapides, Division “G”, State of Louisiana.
Engaged by defense counsel to analyze allegations of Agent Errors & Omissions and Insurance Bad Faith involving placement of Surplus Lines Commercial General Liability. Case involved policy conditions that a general contractor be named as additional insured under subcontractors’ Commercial General Liability policies and maintain Certificates of Liability Insurance. General contractor was sued based on a subcontractors faulty work allegedly resulting in a fatality. Litigation ensued after carrier’s claim denial for failure to comply with policy terms and conditions. Attorney John Scott, Hardin, Kundla, McKeon & Poletto (973) 912-5222. Repoli v. LA Design and Construction, Lynoxx Group, et al / Coughlin v. Repoli, et al; Docket Nos. ESX-L-8325-14 and ESX-L-I011-15, Superior Court of New Jersey, Law Division: Essex County.
Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance requirements for a loan closing. Dispute resulted from a flood loss when retail agent/carrier had failed to procure a standard NFIP flood insurance policy, triggering lender obligations under its forced-place flood insurance. Attorney Mike Cerulo – Baty, Holm, Numrich & Otto, PC (314) 863-6274. Wise v. HSBC; Case No. 4:15-cv-911 In United States District Court, Eastern District of Missouri Eastern Division.
Retained by policyholder counsel as a Property Insurance Expert to analyze Agents Errors & Omissions and Insurance Bad Faith claims handling issues. Case required analysis of underwriting vs. subsequent denial of a theft claim based on occupancy levels less than vacancy clause requirements. Nayeb v. Travelers, et al; Cause No. 15-05862-442 In The 442nd Judicial District Court Denton County, Texas. Attorney Jeff Atkins, Fell Law Firm (972) 488-8177.
Engaged by counsel for policyholder as their Agent Errors & Omissions and Insurance Bad Faith expert. Case involved analysis of Property and Inland Marine insurance placement issues relative to Livestock mortality for dairy cattle. Dispute arose after claim denial for widespread smothering loss of cattle during a blizzard event. Attorney Brent Hamilton, Brady & Hamilton, LLP (806) 771-1850. CBJ v. Davis; Case 2:16-cv-00109-J In The United States District Court For The Northern District Of Texas, Amarillo Division.
Engaged by policyholder counsel to analyze Agent Errors & Omissions issues regarding failure to procure available NFIP flood insurance. Case involved client request for flood insurance followed by agent initially providing faulty Elevation Certificate/Flood Zone information, and later failing to follow agency procedures regarding offering flood insurance. After an epic flood virtually totaled the client’s bed & breakfast facilities, the Commercial Property carrier denied the claim based on the flood exclusion. Attorney Molly Bowen, Mostyn Law, (832) 964-4830. Chimney Valley Lodge v. Newmark Insurance Services, et al. Cause No. CV08077: 2016EF2833 In the District Court of Blanco County, Texas, 33rd Judicial District.
Engaged by policyholder counsel as their designated expert for Agents Errors & Omissions and Insurance Bad Faith to evaluate issues regarding failure to procure proper insurance coverage. Case involved claim denial of a large wood kiln fire loss due to improperly structured Property. Boiler & Machinery and Business Income Insurance. Attorney Brady Rife, McNeeley Stephenson Attorneys (317) 825-5110. Kustom Kilns v. Nuthak, In Shelby County Superior Court I, State of Indiana, Cause No. 73D01-1502-CT-5.
Engaged by defense counsel for managing general agent as their Workers Compensation and Insurance Bad Faith expert. Case involved allegations by a long haul trucker of Insurance Bad Faith and Agent Errors & Omissions resulting from a Workers Compensation carrier insolvency. Case required analysis of interplay between Commercial Auto and Workers Compensation insurance markets for truckers. Attorneys George Carr, Janik LLP (440) 740-3016 and Joe Nicholas, Mazanec, Raskin & Ryder (440) 287-8320. AIM v. Safe Fleet, et al; Case No. 4:14-cv-02161 United States District Court Northeastern District of Ohio, Eastern Division
Engaged by defense counsel to evaluate Insurance Bad Faith and Agents Errors & Omissions allegations resulting from a dwelling total fire loss. Case required expertise with Homeowners insurance to value / replacement cost software used for underwriting. Attorneys Eric Van Beber and Leilani Leighton (913) 888-1000, Wallace Saunders Attorneys. Lawson v. Standard Fire Insurance Co, Case No. 1416-CV04078 In The Circuit Court of Jasper County Missouri, Division I, at Joplin.
Engaged by policyholder counsel as their Commercial Auto, Agent Errors & Omissions and Insurance Bad Faith expert. Case involved a large deductible Garage Liability policy and renewal changes to “Who is an Insured”. Dispute resulted from higher limits of liability being extended to customers than those provided under prior policies. Group 1 Automotive v. Arthur J. Gallagher Risk Management Services, Inc.; Civil Action No. 1:14cv334HSO-JCG In The United States District Court Southern District of Mississippi Southern Division. Attorneys Fred Feeney and Nathan Burrow, Franke & Salloum, PLLC (228) 868-7070
Engaged by insurance agent’s defense counsel and designated as their Agent Errors & Omissions and Insurance Bad Faith expert. Case involved Certificates of Liability Insurance issued after a policyholder declined renewal of a Commercial Umbrella. Litigation resulted from an injury to a bounce house patron, and whether the successor policyholder had Commercial General Liability with/without Commercial Umbrella coverage. Attorney George Carr, Janik LLP (440) 740-3016. KMAG v. Chubb, Case No. 1:15CV66 in United States District Court Northeastern District of Ohio, Eastern Division.
Engaged by agent’s defense counsel as their designated expert for Agents Errors & Omissions and Insurance Bad Faith. Case involved Property and Business Income Insurance written on a Surplus Lines basis. Dispute resulted from hailstorm claims adjusted on a Per Location/Per Occurrence Wind and Hail deductibles basis. Hipoint v. Pathfinder, et al, Case No. Case No.5: 13-cv-687-D In The United States District Court For The Western District of Oklahoma. Attorney Jim Secrest, Secrest Hill Butler & Secrest, PC (918) 494-5905
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to placement of a Broker-Dealer/Registered Investment Advisor(s) Professional Liability policy. Case involved evaluation of coverage afforded a named insured vs. additional insured, Surplus Lines, and Claims Made issues. Claims stemming from a Registered Investment Advisor’s fraudulent investment activities and subsequent conviction were denied by carrier which resulted in an Insurance Bad Faith claim against the agent. Onyx v. Indian Harbor, CalSurance, et al; Civil Action No. 3:13-CV-03426-P In The United States District Court For The Northern District of Texas, Dallas Division. Attorney Blake Bailey, Phelps Dunbar LLP, (817) 488-3134.
Engaged by plaintiff counsel to evaluate Agents Errors & Omissions and Bad Faith issues from a Commercial Property policy cancellation. Litigation resulted from a premium finance company failing to notify the mortgagee of policy cancelation for nonpayment, followed by a total windstorm loss to an apartment complex. Case required analysis of insurance industry standards for completing ACORD form applications and Certificates of Insurance. Attorney Grady Terrill, Craig, Terrill, Hale, & Grantham, L.L.P. (806) 744-3232. First Bank & Trust v. Guide One & AREA Insurance; Cause No. 2013-508,134 In The 237th District Court of Lubbock County, Texas.
Engaged by counsel defending allegations of Agents Errors & Omissions and Bad Faith for “failure to advise”. Case required evaluation of Homeowners theft coverage underwriting standards for older homes relative to Replacement Cost vs. Actual Cash Value policies. Attorney Shawna McCalip, Holden & Carr, (918) 295-8888. Allin v. Pritchard; Case No, CJ-2014-100 In The District Court of Comanche County, State of Oklahoma.
Engaged by counsel defending allegations of Agents Errors & Omissions for “failure to procure”. The case required evaluation of Homeowners insurance underwriting standards for Replacement Cost vs. Actual Cash Value policies. Attorney Samantha Horner (816) 979-1522, Case Linden P.C. Blow v. Fairchild Insurance Services, Case No. 14CV31 In The District Court of Pottawatomie County, Kansas.
Engaged by plaintiff counsel to evaluate Insurance Bad Faith issues stemming from “failure to disclose material terms” of Commercial General Liability and Commercial Umbrella Liability over several years’ renewal policies. Case required assessment of Agents Errors & Omissions relative to Surplus Lines renewal procedures for Equine Liability coverage. Attorney Doug Patrick, Covington, Patrick, Hagins, Stern & Lewis, P.A., (864) 242-9000. Lanzone v. BB&T Insurance Services, In The Court of Common Pleas No.: 2013-CP-23-2758, State of South Carolina, County of Greenville.
Engaged as consulting expert by counsel defending against allegations of Agent Errors & Omissions. Case involved client expectations of coverage for “business risk tax liability”. Claim was denied under Commercial General Liability, Property and Inland Marine policies. Boat Town v. Belter Insurance Agency; Cause No. D-1-GN-10-003327 In The District Court of Travis County, Texas, 53rd Judicial District. Attorney Darrell Cockcroft, Thompson Coe Cousins & Irons, LLP (512) 703-5094.
Engaged by counsel defending allegations of bad faith for both Managing General Agent E&O and carrier claims handling practices. Dispute resulted from denial of ‘Well Out of Control’ and pollution claims from a ‘plugged & abandoned well’ fluids release. Case required analysis of an Energy Exploration & Development policy relative to first party property and third party pollution liability coverage. Denbury Resources v. Lloyds of London, et al; Cause No. 2012-10397 In The District Court of Harris County, Texas, 270th Judicial District. Attorneys Bart Hall and Jonathan Womack, Phelps Dunbar LLP (504) 566-1311.
Engaged by defense counsel to analyze allegations of Agents Errors & Omissions for “failure to assess and update” and “underinsured” values on a Homeowners policy. The dispute resulted following a total loss during the 2011 Bastrop, TX fires. Case involved knowledge of agent standard of care relative to duty of inquiry. Attorney Brad Douglas (512) 807-2474, Naman Howell Smith & Lee, PLLC. Rizk v. Koehler-Barton Insurance Agency; Cause No. 28,787 In the District Court of Bastrop County, Texas, 335th Judicial District
Engaged by defense counsel to opine on alleged Agents Errors & Omissions stemming from a Homeowners Insurance liability claim denied under the motor vehicle exclusion. Case required knowledge of agent duties of inquiry and coverage procurement. Attorney Eric Edwardson,(409) 924-0845. Texas Farm Bureau v. Broussard; Cause No. 2013-08014 In The District Court of Harris County, Texas 157th Judicial District.
Engaged by defense counsel for Surplus Lines broker as their Agent Errors & Omissions and Insurance Bad Faith expert. Case required analysis of Property, Flood Insurance and Business Income claims issues relative to Statements of Value, Margin Clauses and Scheduled vs. Blanket policies. Litigation resulted from disputed values during flood claim settlement. Attorneys David Clark and Jack Urquhart, Beirne, Maynard, & Parsons, LLP (713) 623-0887. Menard v. Wells Fargo and Swett & Crawford; Civil Action No. 10-cv-7592, State of Wisconsin Circuit Court Milwaukee County.
Engaged by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Case required analysis of Insurance Bad Faith allegations resulting from claim denial for Flood Zone A locations. Claim included loss of Property and Business Income under an Inland Marine policy form. Attorney Tom Cooper, Pignato, Cooper, Kolker, & Roberson, P.C. (405) 606-3333. Coast to Coast Power Sports v. Robert Bates Agency, et al; Case No. CJ-2012-03555 In The District Court In And For Tulsa County, Oklahoma.
Retained by counsel defending agent against allegations of Agent Errors & Omissions and Insurance Bad Faith. Litigation resulted following claim denial of a grain bin explosion loss. Engagement required Property Insurance and Surplus Lines expertise. Martinek v. Hertel, et al; Cause No. CV-12-0103 In The District Court of Grayson County, Texas, 59th Judicial District. Attorneys Tom Culpepper and Angela Caffey, Thompson Coe Cousins & Irons (214) 871-8200.
Engaged by agent’s defense counsel as their Agents Errors & Omissions, Insurance Bad Faith, Business Income and Property Insurance Expert for multiple Hurricane Ike apartment complexes claims. Case involved Surplus Lines, standard of care, and disclosure of material facts relative to coastal windstorm deductibles. Landco v. Consolidated American Services; Cause No. 2010-23329 In The District Court Harris County, Texas, 281st Judicial District. Attorney Kevin Madden, Kane Russell Coleman & Logan PC, (713) 425-7452.
Engaged by policyholder’s outside counsel seeking Commercial General Liability coverage for a fatality claim caused by a tank explosion. Case required evaluation of Insurance Bad Faith and Agents Errors & Omissions “failure to procure” issues. Belken Oil, LLC v. Woodworth Insurance Agency; Attorney Scott Helmholz, Bailey & Glasser, LLP , (217) 528-1177.
Engaged by policyholder counsel as a consulting expert to analyze Agents Errors & Omissions issues. Engagement required knowledge of customary insurance agent compensation relative to Surplus Lines placement of Builders Risk coverage under Ocean Marine policies. Trinity Yachts v. Thomas Rutherfoord and Marsh McLennan; Case 1:11-cv-00507-LG-JMR In The United States District Court for the Southern District of Mississippi, Southern Division. Attorney Joseph Briggett, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, (504) 568-1990.
Engaged by counsel defending allegations of Agent Errors & Omissions and Insurance Bad Faith. Case involved a Named Driver Exclusion and claim denial under a Commercial Auto policy and a Commercial Umbrella policy written as Surplus Lines. Diamond Pump & Transport, LLC v. Allied North American, et al; Cause No. A-126,966-A in the 70th District Court of Ector County, Texas. Defense counsel Kent Krabill, Lynn Tillotson Pinker and Cox, LLP (214) 981-3800.
Engaged by mortgagee’s counsel as their Insurance Agent Error & Omission and Property Insurance Expert. Case required evaluation of agent’s conduct regarding placements, renewals and endorsements of three Inland Marine Builders Risk policies. Allegations by mortgagee of Insurance Bad Faith arose from agent’s misrepresentations on ACORD. Evidence of Property Insurance forms. Attorney David Clement – Clement, Gates & May (504) 598-2220; Baronne v. Assurance Co. of America, et al; Civil District Court for the Parish of Orleans, State of Louisiana, Number: 09-4893 Division “I-14”.
Engaged by tug boat owner listed as third party Additional Assured under an Ocean Marine policy. Case involved Agents Errors & Omissions and Insurance Bad Faith requiring analysis of Hull damage late notice of claim and carrier claims handling practices. Marc Oliver v. Atchafalaya Marine, LLC, et al; Civil Action No. CV: 11-223-KD-C, United States District Court for the Southern District of Alabama, Southern Division. Attorney Margaret Miller, Margaret McDowell Miller, LLC (251) 635-6660.
Consulting expert engaged by counsel for carrier and surplus lines agent pursuing recovery from retail agent. Case involved placement issues for a Food Borne Illness policy covering Trade Name Restoration, Loss of Business Income and Incident Response. Following claim denial for an E-coli outbreak, litigation resulted from retail agent’s “failure to disclose material terms” to restaurant franchisees enrolled under a Master policy. Lloyds and Professional Liability Insurance Services v. IMA of Kansas; Cause no. D-1-GN-10-004172 In District Court of Travis County, Texas, 353rd Judicial District. Attorney Christopher White, Lewis Brisbois Bisgaard & Smith LLP (214) 722-7100.
Engaged by carrier as Claims Made and Reported Professional Liability Insurance expert. Case involved late notice of claim and required expertise with Agents Errors & Omissions, Commercial General Liability (including Pollution Liability) and Commercial Umbrella. Environmental Analytics, Inc. v. Chartis Claims, Inc., et al. Cause No. 2010-42050; In The 234th J.D. Court Harris County, Texas. Attorneys Tim Kilgore and Dan Lynn, Jackson & Campbell, PC (202) 457-1632.
Engaged by agent’s defense counsel as an Ocean Marine Insurance and Agent Errors and Omissions Expert. Case required review of Ocean Marine placement procedures, assignment of loss payee/mortgagee interests and coverage territory issues. Dispute resulted from a hull damage claim denial for a dredge barge which ran aground near Cancun, Mexico. Deep Sea Financing, LLC v. Brennan & Co., Civil Action No. STCV1100702 In The State Court of Chatham County, State of Georgia. Attorney Pat O’Connor, Oliver Maner LLP, (912) 236-3311
Retained by carrier’s counsel to provide expert opinions regarding Insurance Bad Faith, reporting form Inland Marine Builder’s Risk and Property Insurance. Dispute involved Agent Errors & Omissions based on agent’s failure to include a mortgagee’s interest when reporting a total fire loss. Seven months after the total fire loss, the agent issued an ACORD Evidence of Property Insurance to the mortgagee, continuing a pattern of misrepresentations. Attorney Larry Fields, Kutak Rock, LLP (816) 960-0090. Assurance Company of America v. O’Connor Insurance Agency; Case No. 4:10CV2204 FRB, United States District Court for the Eastern District of Missouri Eastern Division
Engaged as a Property Insurance Expert by counsel defending allegations of Agents Errors & Omissions and Insurance Bad Faith. Litigation resulted from construction agreement insurance requirements, Inland Marine Builders Risk claim denial, and eventual Homeowners subrogation. Attorney Desmond Cooks, (214) 736-9433 The Willis Law Group; Stevens v. Trujillo Insurance Agency; Cause No. 048-248921-10 In the District Court of Tarrant County, Texas, 48th Judicial District.
Engaged by policyholder’s counsel as its designated expert for Property Insurance, Agents Errors & Omissions and Insurance Bad Faith. Case involved analysis of claim denial issues based on a vacancy clause. Spring Center v. AGCS Marine Insurance Company, et al; Cause No. 2011-09454 In the 11th Judicial District Court of Harris County, Texas. Attorney Brant Durrett, Durrett Law Firm, (713) 623-6881.
Engaged by carrier’s defense counsel as their Workers Compensation expert. Carrier and third party administrator were enjoined in litigation between policyholder and agent following a fatality injury to an out of state employee. Case involved allegations of Agent Errors & Omissions and Insurance Bad Faith relative to “Other States Insurance”, Construction agreements and Certificates of Insurance. Factory Sales and Engineering v. Ellsworth Corporation, et al; Docket No. 2007-15870 Division “D”, 22nd Judicial District Court for the State of Louisiana, Parish of St. Tammany. Attorneys for carrier Heather Blackburn & Janice Unland, Rabalais, Unland, & Lorio, (985) 893-9900.
Retained by policyholder counsel as their Property Insurance Expert to examine Agents Errors & Omissions and Insurance Bad Faith issues. Assignment required expertise with coinsurance penalties applied to claims under a Surplus Lines policy written on a Functional Replacement Cost basis and allegations of failure to disclose material facts. Oklahoma & Texas Panhandle Compress v. Aycock & Fowler Insurance Agency; Cause No. 2010-552,281; In The 72nd Judicial District, Lubbock County, Texas. Attorney Brad Parker, Parker McDonald, P.C., (817) 503-9200.
Designated as Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert to evaluate policy renewal and claims handling practices. The dispute involved windstorm claims from Hurricane Ike and aspects of failure to disclose Replacement Cost vs. Actual Cash Value. Woodforest Baptist Church v. Scottsdale Insurance Co., et al, No. 2009-37563 in District Court, 157th Judicial District of Harris County, Texas. Attorney for insured Mark Beausoleil, (936) 336-6275.
Engaged by policyholder’s counsel seeking coverage for construction defect claims. Case involved aspects of Agent Errors & Omissions and Insurance Bad Faith resulting from placement of Commercial General Liability and Products Liability Insurance coverage. Central to the dispute were allegations against the agent of failure to disclose material facts. Sanderson v. JDW Insurance, Cause No. 2009-3145, 120th Judicial District Court, El Paso County, Texas. Attorney Jim Martinez, James A. Martinez, P.L.L.C. (317) 637-0700.
Engaged by policyholder counsel as their Inland Marine and Property Insurance Expert. Litigation resulted from partial claim denial following the armed robbery of a jewelry store. Claim denial hinged on effective date of an endorsement to increase a Jewelers Block policy limits. Case required evaluation of Agent Errors & Omissions, Surplus Lines procedures and Insurance Bad Faith claims handling. Eagle Jewelry v. United National Insurance Company, et al; No. 2009-50936 In The District Court of Harris County, Texas, 334th Judicial District. Attorney Bob Tarics, The Tarics Law Firm, PC, (713) 461-9490.
Designated by policyholder counsel as their Agent Errors & Omissions and Flood Insurance expert. Case involved NFIP policies issued using non-FEMA flood zone maps and adverse consequences to policyholder. Hometex v.. James Hooten and McMullan Insurance Agency; Cause No. BA-CV-05-0012; In the 216th Judicial District Court of Bandera County, Texas. Attorney Charles Japhet, (210) 775-1881.
Engaged by counsel for insured as their Flood Insurance and Agent Errors & Omissions expert. Case revolved around agent’s faulty flood zone determination and resultant claim penalties after a car wash suffered severe flood damage. Attorney Charles Japhet (210) 554-5278. Hometex Corporation v. McMullan Insurance Agency, Inc., et al; Cause No. BA-CV-05-00012 in The 216th Judicial District Court, Bandera County, Texas.
Engaged as consulting expert by policy holder counsel. Case involved review of Agent Errors & Omissions, valuation and limits for an Inland Marine claim under a manuscript Warehouse Legal Liability policy. Attorney Tom Carlyon, (570) 455-6308.
Engaged by contractor’s attorney to analyze contractual liability claim denial under Products Liability Insurance. Case involves Agents Errors & Omissions, Surplus Lines, Commercial General Liability, and aspects of Insurance Bad Faith resulting from questionable Certificates of Insurance. Cause No. 2009-65915; High Tech Plumbing v. Colony Insurance Company, et al. In the 127th Judicial District Court of Harris County, Texas. Attorney Kelly Prather, Greenwood Prather Law Firm, (713) 333-3200.
Engaged by policyholder’s counsel to provide analysis and testimony regarding Personal Auto and Agent Standard of Care. Case included failure to procure insurance issues. Garza v. U.S. Auto Insurance Services, Inc., et al; Cause No. 2007-CI-00169; Bexar County, TX. Counsel for plaintiff, Richard Silvas, The Silvas Law firm, San Antonio, TX (210)680-2800.
Designated as policyholder’s expert for Property Insurance, Business Income, and Agent’s Errors & Omissions. Case issues included building & contents valuations and Ordinance or Law coverage following a total fire loss in Metairie, LA. Cardinale v. Goza, et al; Civil Action No. 09-4181 in United States District Court, Eastern District of Louisiana, Judge Section “N”, Magistrate 4. Attorney Greg Dupuy, Dupuy & Dupuy Attorneys (504) 831-4833.
Designated by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Litigation involved Hurricane Ike flood claim disputes. Pleadings included allegations against the agent of Insurance Bad Faith and failure to procure Business Income. Attorney Brendan Cook, Baker & McKenzie, (713) 427-5000. South Coast Cement v. Willis of Texas, et al; Cause No. 60,687 in County Court at Law Number 1, Galveston County, Texas.
Engaged as a Property Insurance Expert by policyholder seeking coverage for Hurricane Ike Builders Risk claims. Case included allegations of Insurance Agent Error & Omission and carrier Insurance Bad Faith. Case required expertise with construction agreements relative to ordinance and law coverage, large Wind and Hail deductibles, and Business Income soft costs under Inland Marine builders risk policies. Attorney Windell Snow (316) 263-5959; Construction Services Bryant v. Cincinnati Insurance Company, Case No. 09 CV 3137 in the Eighteenth Judicial District Court, Sedgwick County, Kansas, Civil Department.
Engaged by defense counsel as their Agent Errors & Omissions and Homeowners Insurance expert. Case involved a fire loss to a vacant home in Dallas, TX due to grass fire started by neighbor. Attorneys David Woodward and Stacy Hoffman (214) 220-5203, Cobb Martinez & Woodward. Greene v. Farmers Insurance, et al; Cause No. 08-11723-G, 134th Judicial District Court, Dallas County, Texas.
Retained by defense counsel for insurance agency as Agent Errors & Omissions, Homeowners and Flood Insurance expert. Case required expertise as to the effect revised FEMA flood zone maps have on available coverage. Seale v. Lyons Insurance Agency, No.: 2007-6427, 14th Judicial District Court, Calcasieu Parish, Louisiana. Attorney David Calogero, Davidson Meaux Attorneys, (337) 237-1660.
Engaged by policyholder counsel to provide analysis and testimony regarding Commercial Auto and Agent Standard of Care in structuring Uninsured/Underinsured Motorist coverage. Case also included technical coverage issues involving Personal Auto. Creative Young Minds, et al v. Hibbs Hallmark; Cause No. 048-23087-09 in 48th Judicial District Court, Tarrant County, Texas. Attorney Greg Clift, Clouse Dunn Khoshbin LLP (214) 220-3888.
Designated by policyholder counsel as their Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert. Engagement required expertise with blanket insurance, coinsurance vs. Agreed Value, Business Income, Wet Marine Insurance, and Surplus Lines custom & practice. Claim dispute followed after multi-million dollar flood damage to the largest marina on Lake Texoma. Lake Texoma Highport, LLC v. Lloyd’s of London, et al; Civil Action No. 4:08cv285; In The United States District Court For The Eastern District Of Texas, Sherman Division. Attorney Bart Higgins – Shields, Britton, Frazier (972) 788-2040.
Designated by plaintiff counsel as Property Insurance, Flood Insurance and Agent’s Errors & Omissions expert. Case involved DIC, inaccurate NFIP Flood Zones, and flood coverage omitted from property insurance policy schedules. Cummins Northwest v. PLW, INC., et al, No. CV-09-334-HA; US District Court for the District of Oregon. Attorney David M. Brenner, (206) 389-1773, Riddell Williams, P.S.
Retained by defense counsel as a consulting expert for Flood Insurance and Agent Errors & Omissions. Case involved flood and wind damage to two high value homes damaged during Hurricane Katrina. Attorney Ed Beder, Brantley Arant Boult Cummings, LLP (202) 719-8290. Conwill v. Marsh & McLennan Companies, et al, Civil Action Number 1:08-CV-1511 HSO-JMR, in the United States District Court for the Southern District of Mississippi Southern Division.
Engaged by defense counsel to opine on issues regarding Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith. Case involved insurance for Mexican truckers operating in the United States and/or Mexico. Defense counsel Elizabeth Christ, (210) 227-3243, Denton, Navarro, Rocha & Bernal, P.C.; Salazar v. Medina; Cause No. 09-02-24170-MCV, 293rd Judicial District Court of Maverick County, Texas.
Case included Agent Errors & Omissions and Insurance Bad Faith allegations by the carrier seeking to recover claim payments for a total fire loss. Engaged by counsel for MGA and carrier as their Property Insurance & Homeowners Insurance Expert. Attorneys Jeanie Tate Goodwin & Jerry Kimmitt (713) 917-0888, Legge, Farrow, Kimmitt, McGrath Attorneys; TSG Insurance & Lloyds London v. Nickes Insurance, Cause No. 2008-76081, 189th Judicial District Court of Harris County, Texas.
Designated by counsel for insured as Commercial Auto, Commercial Umbrella , and Agent Errors & Omissions expert. Case required analysis regarding failure to procure, non-owned autos, contractor’s liability, and additional insured endorsements. Allegations included Insurance Bad Faith. Attorney Charles Fairchild (816) 500-0280. MWR Contractors v. Becker Lassen Insurance Agency, Case No. 07BA-CV 01477 In Circuit Court of Boone County Missouri at Columbia.
Designated as Commercial Auto Insurance expert by counsel for policyholder. Case required expertise in Hired and Nonowned auto coverage, contractual liability, additional insureds and Commercial Umbrella policies. Pleadings involved issues of Agent Errors & Omissions and Insurance Bad Faith. Mick White Renovations v. Affordable Insurance Services, et al; Case No. K.S.A. Chapter 60, In District Court of Johnson County, Kansas. Attorney Charles Fairchild (816) 500-0280.
Insurance expert witness designation pertaining to Business Auto claim denial for Uninsured/Underinsured Motorist coverage. Case required analysis of interplay between Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith and Workers Compensation. Elizondo v. American International Group, et al; Cause No. 07-62262-1, County Court at Law No. 1, Nueces County, Texas. Plaintiff counsel Doug Allison (361) 215-7802.
Engaged as Property Insurance Expert by a property owner following a fire loss. Case required knowledge of coinsurance, Agents Errors & Omissions, Insurance Bad Faith and Business Interruption. Fuller v. Ramey King and Northfield Insurance; Cause No. 352232972, 352nd Judicial District Court of Tarrant County, Texas. Attorney Barry Hasten, Hasten & Hansen Attorneys, (817) 429-0956.
Retained by policy holder counsel as their Property Insurance Expert for a total fire loss to a dwelling. Case required analysis of Insurance Agent (Broker) Errors & Omissions issues and distinguishing Homeowners and Builders Risk coverage forms. Attorneys Bill Klain & Kevin Estevez (480) 947-1911, Lang & Baker, PLC. Cantor v. Farmers Insurance, et al Case No. CV2008-053871 & CV2008-052618 in Superior Court of the State of Arizona, County of Maricopa.
Designated by plaintiff counsel as their Property Insurance Expert regarding a total loss due to Hurricane Wilma. Provided analysis pertaining to Agent Error & Omission. Case issues involved Florida Windstorm insurance, Business Income and Surplus Lines Insurance placement. Scott Katz & Beth Berry, Butler Pappas Attorneys , (813) 281-1900. TCB Farms v. Oswald Trippe, et al; Case No. 07-1389-CA, Twentieth Judicial Circuit Court, Collier County, FL.
Designated by plaintiff counsel as their Personal Auto and Personal Umbrella expert . Case involved Agent Errors & Omissions regarding failure to place Personal Umbrella insurance. McCulloch v. Woods Insurance Agency, et al; Cause No. 2008-1550-1 in State Court, County of San Juan, NM. Attorney Greg Steinman, Madison, Harbour and Mroz, (505) 242-2177.
Expert designation regarding Personal Auto and agent failure to offer Personal Umbrella insurance. Case involved allegations of Agent Errors & Omissions & Insurance Bad Faith after an auto accident resulted in an uninsured multi-million dollar liability award. Currier v. Woodstock Insurance; Docket No. 587-9-07 Wrcv, Windsor Superior Court, SS., Windsor County, VT. Plaintiff counsel Skip Campbell, Krupnick Campbell Attorneys, (954) 712-8608
Designated by plaintiff counsel as a Flood Insurance and Property Insurance Expert. Flood claim was denied after Tropical Storm Allison flooded a large apartment complex in Houston, TX. Provided coverage analysis for Agent Error & Omission, Business Income and Surplus Lines Insurance coverage issues. Meg Las Villas v. United States Fire; Cause No. 2007-54444, Harris County, TX. Attorney Paul Allred, (214) 528-9560, Sullivan & Holston.
Designated by plaintiff counsel as their Property Insurance Expert regarding a horse barn insured under a Farm & Ranch Owners insurance program. Case involved the barn being significantly underinsured after a tornado caused a total loss. Runyon v. Goetz Insurors, et al; Case No. CJ-2005-3716 in District Court for Oklahoma County, State of Oklahoma. Attorney Joe Carson 405-604-5581, Buxton | Carson, PLLC.
Retained by plaintiff counsel to provide analysis regarding Agent Errors & Omissions & Risk Manager Standard of Care. Litigation resulted after denial of a large “Construction Defect (Contractors Rework/Rip & Tear)” claim under an OCIP (Owner Controlled Insurance Program). Claim was denied under Commercial General Liability and Commercial Umbrella Insurance. Roy Anderson Corporation v. Sawyer-Foster Insurance, et al; Circuit Court Harrison County Mississippi, First Judicial District, Case No. A2401-07-215. Attorneys Paul T. Benton & Tricia Beale (228) 432-0305.
Retained as plaintiff counsel’s Insurance expert to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith. Case issues involved placement of Claims Made Medical Malpractice insurance and Agent Standard of Care to advise when advising clients of Professional Liability market conditions. during insurance placement. Attorney Michael Hance, Franklin & Hance, PSC (502) 637-6000. Leslie Hill, M.D. v. SCW Agency, et al. Case No. 04-CI-07409 in Jefferson Circuit Court, Division 10, Commonwealth of Kentucky.
Engaged by defense counsel as their Agent Errors and Omissions, Property Insurance and Insurance Bad Faith Expert. Case required expertise with Business Income, Flood Insurance, Surplus Lines & Ocean Marine Insurance. Litigation resulted from partial claim denials for losses during Hurricanes Jeanne and Francis. Attorneys Larry Montgomery & Lee Chase, Glankler Brown, PLLC ( 901) 525-1322 . Dyer Investment Company, LLC, et al v. Marsh & McLennan and Certain Underwriters at Lloyd’s; Case No. 05CV2812-D/P in the United States District Court for the Western District of Tennessee Western Division.
Defense counsel engagement regarding alleged Insurance Bad Faith placement of a loss sensitive insurance program and carrier’s claim reserve methodology. Case required expertise in Commercial General Liability, Workers Compensation, Agent Errors & Omissions. Attorneys Leland de la Garza and David Tabor – Shackelford, Melton & McKinley, LLP (214) 780-1400 Lauren Engineers and Contractors, Inc. v. Hilb Rogal, and St. Paul Insurance , 104th District Court, Taylor County, TX, Cause # 23376-B.
Plaintiff engagement as their expert for Property Insurance, Agent Errors & Omissions & Business Income. Litigation involved a total fire loss to underinsured building and Business Personal Property. Attorney Jeff Stewart – Seikaly & Stewart, Attorneys, (248) 723-5120. Trojan Cleaners, et al v. The Regency Insurance Group, et al; Case No. 2006 611590 CK 6 611590 CK, State of Michigan Wayne County Circuit Court.
Retained by plaintiff as consulting Property Insurance Expert to analyze issues surrounding claim denial under an Inland Marine Builders Risk policy. Case issues included Additional Insured endorsements, policy exclusions, Agent Errors & Omissions, and carrier Insurance Bad Faith. Attorney Michael Kennedy – Casey Ciklin Lubitz Martens & O’Connell West Palm Beach, FL (561) 832-5900. Suffolk Construction v. Royal Indemnity Co., Brown & Brown, Inc., et al; Cause No. 502002CA012543, 15th Judicial District, Palm Beach County, Florida.
Retained by defense counsel to render opinions in answer to allegations of Insurance Agent Errors & Omissions and Insurance Bad Faith claims misconduct by wholesale broker at Lloyds London. Case issues involved coverage under Lloyds Ocean Marine Insurance Builders Risk coverage form. Attorney Ashley Parrish – Cantey & Hanger, LLP, (214) 978-4145, The Houston Exploration Company v. Tysers International Insurance & Reinsurance Brokers & At Lloyds, et al, Cause No. 2004-61582 in the 234th District Court, Harris County, Texas.
Engaged by counsel for plaintiff to assist with Agent Errors & Omissions and Homeowners claims issues in regard to Excess Flood Insurance. Attorney Peter Koeppel – Best Koeppel Attorneys (504) 598-1000. Best v. Independent Insurance Associates, Inc., Civil District Court for the Parish of Orleans, State of Louisiana; No. 05-13441, Division “H”, Docket No. 12.; Best v. Independent Insurance Associates, Inc. and Employers Reinsurance Corporation; United States District Court, Eastern District of Louisiana; No. 06-1130, Section “C”, Magistrate 5.
Retained by plaintiff counsel as Homeowners Insurance Expert to advise regarding Agent Errors & Omissions allegations for failure to replace Dwelling Fire Policy coverage, and claims handling “customs and practice”. Attorney Guillermo Cronfel – The Cronfel Firm (512) 347-9600; Olga Palacios v. AIC-Sunbelt Group, Inc., et al, Cause No. 276966 in The County Court at Law No. Two (2) of Travis County, Texas.
Engaged by insurance carrier as Agent Errors & Omissions, Commercial General Liability and Professional Liability Insurance expert. Dispute arose from late notice of claim under both Occurrence form and Claims Made policies. Attorney Carol Keough – Coats Rose Yale Ryman Lee (713) 653-7372; REO vs. Zurich American Insurance Co., et al. Cause No. C-1739-01-CA (Severed cause); in The 139th J.D. Court, Hidalgo County, Texas.
Case issues involved misrepresentation of material policy terms contained in proposal for hailstorm coverage. Retained as Property Insurance Expert by plaintiff counsel to offer opinion on Insurance Agent Errors & Omissions relative to Article 21.21 Section 4(11). Attorney Conrad Bodden – Cowen & Bodden Law Offices (956) 541-4981. Cowen, et al v. Robert Wade Sales, et al., Cause NO.2004-08-3923 in the 357th Judicial District Court of Cameron County, TX.
Engaged to assist defense attorneys answering alleged Agent Errors & Omissions. A fireworks explosion and fire resulted in multiple fatalities and widespread property losses. Allegations involved coverage placement disputes for numerous lines of insurance: Commercial Auto, Workers Compensation, General Liability Insurance, Commercial Umbrella, and Property Insurance. Attorneys Brent Cooper and Joyce Ondich – Cooper & Scully, PC, (214) 712-9500. Joseph M. Lamb, Jr. d/b/a Pyrotechnics by Lamb v. Britton-Gallagher, et al; Civil Action No. 2-04CV-400, US District Court, Eastern District of Texas, Marshall Division.
Engaged to assist defense counsel answering allegations of Agent Errors & Omissions resulting from Products Liability Certificate of Insurance procedures. Attorney Elaine Lenahan – Thompson, Coe, Cousins, and Irons, LLP, (214) 871-8200. P& W Quality Machine vs. Mid-Century Insurance; Cause No. 04-00157, 101st Judicial District, Dallas County, TX.
Defense counsel engagement regarding insurance placement “Standard of Care”, market conditions and allegations of fraud. Case issues included Insurance Agent Errors & Omissions during placement of a PEO Workers Compensation program. Attorney Troy Glander – Davis, Cedillo & Mendoza, Inc. (210) 822-6666. Texas Citrus Exchange, et al v. Brown & Brown, Inc., et al; Cause No.C-1420-02-E; in the 275th Judicial District, Hidalgo County, Texas.