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.
Category: All Cases
27
Feb2017
Engaged by carrier’s defense counsel to evaluate Notice of Cancellation issues for a Personal Auto policy. Petition included allegations of Insurance Bad Faith claims handling for claim denial after a policy cancelled for nonpayment. Attorneys Dawn Goeres and Tom Cooper, Pignato, Cooper, Kolker & Roberson, P.C. (405) 606-3333. Petro v. American Mercury, Case No. CJ-2016-33 In The District Court of Rogers County, Oklahoma.
February 27, 2017burld
24
Feb2017
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.
February 24, 2017burld
23
Feb2017
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.
February 23, 2017burld
02
Feb2017
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.
February 2, 2017burld
06
Jan2017
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.
January 6, 2017burld
24
Nov2016
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.
November 24, 2016burld
29
Oct2016
Engaged by defense counsel as their Homeowners Insurance claims handling expert. Case included homeowner allegations of bad faith claims handling regarding hail damage. Case required analysis of hailstorm weather patterns and carrier actions relative to Texas’ statutory timelines for insurance claims handling. Howell v. Germania Mutual, Cause No. 2016-519,324 In The District Court of Lubbock County, Texas, 72nd Judicial District. Attorney Dax Voss, Field, Manning, Stone, Hawthorne & Aycock, P .C. (806) 796-4000.
October 29, 2016burld
11
Sep2016
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.
September 11, 2016burld
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