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.
Category: Agent Errors and Omissions
29
Jul2016
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.
July 29, 2016burld
13
Jul2016
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.
July 13, 2016burld
13
May2016
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.
May 13, 2016Don Hirsch
22
Apr2016
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.
April 22, 2016Don Hirsch
12
Mar2016
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
March 12, 2016Don Hirsch
26
Oct2015
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.
October 26, 2015Don Hirsch
22
Aug2015
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
August 22, 2015burld
06
Jun2015
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.
June 6, 2015Don Hirsch
08
May2015
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
May 8, 2015burld