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.
Category: All Cases
06
Jul2016
Retained by carrier’s defense counsel as their Insurance Bad Faith and Commercial Auto expert regarding an Uninsured/Underinsured Motorist claim denial. Case required expertise with nuances of coverage afforded the “first named insured contrasted with policy language requiring other claimants to occupy a covered auto. Attorney Melissa England, Graif Barrett & Matura, P.C., (602) 792-5700. Smith v. Auto-Owners, Complaint No. S-1400-CV201500545 In Superior Court of the State of Arizona, In and For The County of Yuma.
July 6, 2016burld
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
03
Dec2015
Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance rating for 23 lots deemed to be in FIRM Zone AE following FEMA flood zone map revisions. Claim included allegations by homebuilder of lost property values due to Inverse Condemnation based on FEMA’s revised Flood Insurance Rate Maps. Attorney Mike Shaunessy – McGinnis Lochridge & Kilgore, LLP (512) 495-6061. Woodlake v. Guadalupe County; Cause No. 11-1270-CV In The District Court Of Guadalupe County, Texas, 25th Judicial District.
December 3, 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
06
May2015
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.
May 6, 2015burld
02
Apr2015
Engaged by CFO of oil and gas exploration company to analyze renewal issues for Directors & Officers and Employment Practices Liability insurance. Engagement focused on comparing coverage structure and scope of coverage grants found within policy forms of both Admitted and Surplus Lines carriers quoting renewal. Mike Herman, CFO, Newark E&P Operating, LLC, (817) 529-4510.
April 2, 2015burld
02
Jun2014
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
June 2, 2014burld
02
May2014
Engaged by plaintiff counsel as their Commercial Auto, Insurance Bad Faith and Workers Compensation expert. Case involved a truck driver fatality and required analysis of Commercial Auto and Workers Compensation coverage and claim denial issues. Dispute resulted from differing positions as to whether trucker was an employee or independent contract driver. Attorney Chris Pinedo, Hilliard Munoz Gonzales, LLP (361) 882-1612. Arca Trucking vs. Hallmark County Mutual Insurance Co.; Cause No. 2014-DCV2416 In The District Court of El Paso County, Texas, County Court at Law 6.
May 2, 2014Don Hirsch
01
Feb2014
Engaged by policyholder counsel to analyze issues of Insurance Bad Faith claims handling practices relative to Personal Injury Protection coverage under a Personal Auto policy. Attorney Thomas Friedberg, Law Offices of Friedberg & Bunge (619) 557-0101. Schoenfeld v. USAA, Case No. 37-2013-00045246-CU-IC-CTL, Superior Court of The State Of California In And For the County Of San Diego, Central Judicial District.
February 1, 2014burld