Engaged by policyholder counsel to analyze Pollution Liability coverage and underwriting issues following denial of a bodily injury claim from a carbon monoxide leak. Engagement required analysis of claims-made renewal underwriting, first party cleanup vs. third party liability, and bad faith claims handling issues. Attorneys David Newman and Brittany Armour, Hogan Lovells US, LLP (267) 675-4600. OQ Chemicals v. Lloyds, Civil Action No. 4:23-cv-01125 In The United States District Court For The Southern District of Texas, Houston Division.
Pollution / Environmental Liability Insurance Expert Witness Cases
Engaged by counsel for receiver/policyholder to evaluate Commercial General Liability and Pollution Liability relative to Insurance Bad Faith claims handling under 1980s policies with no pollution exclusions. The case was complicated by overlay of workers compensation coverage, contractual liability, and Reservations of Rights issues. Attorneys Brad Nes and Cullen Pick, Morgan, Lewis & Bockius, LLP (214) 466-4116. Standard Insulation v. Liberty Mutual Insurance Company, Civil Action No. 2022-CP-40-01241 In the Court of Common Pleas Fifth Judicial Circuit State of South Carolina, County of Richland.
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 counsel defending a trucking company against allegations of improper insurance premium allocations charged to owner-operators. Case required market research relative to insurance coverages and premiums available to individual owner-operators vs. premiums allocated to owner-operators under a master truckers program. Engagement included analysis of owner-operator leases and customer Master Service Agreements insurance requirements for Commercial Auto, Commercial General Liability, Pollution Liability, Commercial Umbrella and Motor Truck Cargo. Attorneys Ed Chociey and Ron Leibman, Riker Danzig Scherer Hyland & Perretti LLP (973) 538-0800. Gassoway v. Benchmark; Case No.4: 15-cv-00488 In United States District Court, Southern District of Texas
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 policyholder counsel as its Commercial General Liability and Pollution Liability expert relative to Insurance Bad Faith claims handling. Environmental contamination resulted from a pipeline valve failure, requiring site remediation. Litigation resulted following carrier’s denial of the pollution claim based on alleged late reporting. Arrow Pipeline v. National American Insurance Co., et al; Case No. CJ-2012-00313 In the District Court of Tulsa County, State of Oklahoma. Attorney Mark Blongewicz, Hall Estill Attorneys (918) 594-0400.
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.
Retained by counsel for policyholder seeking coverage under a 1973 ISO Comprehensive General Liability form. Expert affidavit addressed issues involving Commercial General Liability and Products Liability Insurance coverage under Surplus Lines policies. Case also involved Pollution Liability coverage and Reliance Insurance Company liquidation proceedings (No. 269 MD 2001 In The Commonwealth Court of Pennsylvania). Reliance Insurance Co. v. Raybestos Products, United States District Court, Southern District of Indiana, Indianapolis Division, Cause No. IP 97-0027-C-Y/G. Attorney Brett Nelson, Plews Shadley Racher & Braun LLP, (317) 637-0700.