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.
Category: Commercial General Liability
02
Oct2014
Engaged by plaintiff counsel to evaluate Insurance Bad Faith issues stemming from “failure to disclose material terms” of Commercial General Liability and Commercial Umbrella Liability over several years’ renewal policies. Case required assessment of Agents Errors & Omissions relative to Surplus Lines renewal procedures for Equine Liability coverage. Attorney Doug Patrick, Covington, Patrick, Hagins, Stern & Lewis, P.A., (864) 242-9000. Lanzone v. BB&T Insurance Services, In The Court of Common Pleas No.: 2013-CP-23-2758, State of South Carolina, County of Greenville.
October 2, 2014burld
24
Jul2014
Engaged as consulting expert by counsel defending against allegations of Agent Errors & Omissions. Case involved client expectations of coverage for “business risk tax liability”. Claim was denied under Commercial General Liability, Property and Inland Marine policies. Boat Town v. Belter Insurance Agency; Cause No. D-1-GN-10-003327 In The District Court of Travis County, Texas, 53rd Judicial District. Attorney Darrell Cockcroft, Thompson Coe Cousins & Irons, LLP (512) 703-5094.
July 24, 2014burld
19
Jun2014
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.
June 19, 2014burld
01
Apr2013
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.
April 1, 2013burld
01
Jul2012
Engaged by counsel for third party seeking to compel vicarious liability coverage for a non-owned watercraft accident. Case included issues of Insurance Bad Faith stemming from carrier’s denial of a Commercial Umbrella claim. The Umbrella was placed as Surplus Lines using an ISO-based policy form with a manuscript Marine Liability endorsement. Case required knowledge of the nuances between Commercial General Liability and Excess Marine Liabilities. Antill Pipeline v. Chartis; Civil Action No. 09-3646, c/w 10-2633, and c/w 11-2131 in United States District Court Section C-2 for the Eastern District of Louisiana. Attorneys Bob Reich and Larry Plunkett – Reich, Album & Plunkett, LLC (504) 830-3999.
July 1, 2012burld
03
Feb2012
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.
February 3, 2012burld
01
Feb2012
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.
February 1, 2012burld
01
Apr2011
Engaged by counsel for third party seeking recovery for construction defect claims. Case required coverage analysis of contractor’s Commercial General Liability in contrast to manufacturer’s Products Liability as well as Insurance Bad Faith in regards to carrier claims handling practices. Mid-Continent Casualty v. Advantage Buildings, et al, Case No. 1016-CV21855, Circuit Court of Jackson County Missouri at Kansas City. Attorney David Schatz, Husch Blackwell, LLP , (816) 329-4707.
April 1, 2011burld
01
Feb2011
Engaged by policyholder’s counsel seeking coverage for construction defect claims. Case involved aspects of Agent Errors & Omissions and Insurance Bad Faith resulting from placement of Commercial General Liability and Products Liability Insurance coverage. Central to the dispute were allegations against the agent of failure to disclose material facts. Sanderson v. JDW Insurance, Cause No. 2009-3145, 120th Judicial District Court, El Paso County, Texas. Attorney Jim Martinez, James A. Martinez, P.L.L.C. (317) 637-0700.
February 1, 2011burld