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.
Category: Agent Errors and Omissions
11
Oct2018
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.
October 11, 2018burld
30
Jul2018
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.
July 30, 2018burld
27
Mar2018
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.
March 27, 2018burld
21
Mar2018
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.
March 21, 2018burld
26
Jan2018
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.
January 26, 2018burld
24
Jan2018
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
January 24, 2018burld
26
Nov2017
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.
November 26, 2017burld
20
Oct2017
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.
October 20, 2017burld
20
Sep2017
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.
September 20, 2017burld