Retained as consultant to evaluate ongoing projects coverage continuity issues relative to termination of a rolling OCIP (Owner Controlled Insurance Program). Consultation included forensic review of premium audit procedures for Commercial General Liability, Completed Operations, Commercial Umbrella, Inland Marine Builders Risk and Workers Compensation. Policyholder Tarrant County College District; Attorney Burch Waldron, Law, Snakard & Gambill, P.C. (817) 878-6319.
Category: Commercial General Liability
01
Aug2010
Engaged by contractor’s attorney to analyze contractual liability claim denial under Products Liability Insurance. Case involves Agents Errors & Omissions, Surplus Lines, Commercial General Liability, and aspects of Insurance Bad Faith resulting from questionable Certificates of Insurance. Cause No. 2009-65915; High Tech Plumbing v. Colony Insurance Company, et al. In the 127th Judicial District Court of Harris County, Texas. Attorney Kelly Prather, Greenwood Prather Law Firm, (713) 333-3200.
August 1, 2010burld
01
May2010
Retained by counsel for policyholder seeking coverage under a 1973 ISO Comprehensive General Liability form. Expert affidavit addressed issues involving Commercial General Liability and Products Liability Insurance coverage under Surplus Lines policies. Case also involved Pollution Liability coverage and Reliance Insurance Company liquidation proceedings (No. 269 MD 2001 In The Commonwealth Court of Pennsylvania). Reliance Insurance Co. v. Raybestos Products, United States District Court, Southern District of Indiana, Indianapolis Division, Cause No. IP 97-0027-C-Y/G. Attorney Brett Nelson, Plews Shadley Racher & Braun LLP, (317) 637-0700.
May 1, 2010burld
01
Mar2010
Retained by defense counsel for carrier as their Commercial General Liability and Insurance Bad Faith expert. Case involved carrier standards & practices for claims investigation, setting reserves and claims settlement. Litigation resulted after insurer denied payment of fatality claim in: Allen v. Guide One Insurance Company; Commonwealth of Kentucky, 44th Judicial Circuit, Bell Circuit Court, Civil Action No.: 06-CI-00583. Attorney David A. Trevey, Fulkerson & Kinkel, (859) 253-0523.
March 1, 2010burld
01
Mar2009
Retained by hospital’s in house general counsel to provide analysis of CCIP for a large hospital addition. Engagement included assessment of how and what coverage would be extended to the owner under a CCIP (Contractor Controlled Insurance Program) in contrast to an OCIP (Owner Controlled Insurance Program). Client requested evaluation of issues involving Commercial General Liability, Completed Operations, Commercial Umbrella, Inland Marine Builders Risk (including “soft costs”) and Workers Compensation. Attorney John McNey, General Counsel, Cook Children’s Medical Center , (682)-885-1330.
March 1, 2009burld
01
Sep2007
Retained by plaintiff counsel to provide analysis regarding Agent Errors & Omissions & Risk Manager Standard of Care. Litigation resulted after denial of a large “Construction Defect (Contractors Rework/Rip & Tear)” claim under an OCIP (Owner Controlled Insurance Program). Claim was denied under Commercial General Liability and Commercial Umbrella Insurance. Roy Anderson Corporation v. Sawyer-Foster Insurance, et al; Circuit Court Harrison County Mississippi, First Judicial District, Case No. A2401-07-215. Attorneys Paul T. Benton & Tricia Beale (228) 432-0305.
September 1, 2007burld
01
Feb2007
Defense counsel engagement regarding alleged Insurance Bad Faith placement of a loss sensitive insurance program and carrier’s claim reserve methodology. Case required expertise in Commercial General Liability, Workers Compensation, Agent Errors & Omissions. Attorneys Leland de la Garza and David Tabor – Shackelford, Melton & McKinley, LLP (214) 780-1400 Lauren Engineers and Contractors, Inc. v. Hilb Rogal, and St. Paul Insurance , 104th District Court, Taylor County, TX, Cause # 23376-B.
February 1, 2007burld
01
Sep2006
Retained by defendant to offer opinions regarding basis used for a disputed Commercial General Liability audit. Attorneys Matt Nowak and Brandon Starling – Nowak & Stauch, LLP Dallas, TX (214) 823-2006. Everest Indemnity Insurance Company v. Ranger Fire, Inc.; Cause #01721104805 17th District Court, Tarrant County, TX .
September 1, 2006burld
01
Feb2006
Engaged by insurance carrier as Agent Errors & Omissions, Commercial General Liability and Professional Liability Insurance expert. Dispute arose from late notice of claim under both Occurrence form and Claims Made policies. Attorney Carol Keough – Coats Rose Yale Ryman Lee (713) 653-7372; REO vs. Zurich American Insurance Co., et al. Cause No. C-1739-01-CA (Severed cause); in The 139th J.D. Court, Hidalgo County, Texas.
February 1, 2006burld
01
Sep2005
Engaged to assist defense attorneys answering alleged Agent Errors & Omissions. A fireworks explosion and fire resulted in multiple fatalities and widespread property losses. Allegations involved coverage placement disputes for numerous lines of insurance: Commercial Auto, Workers Compensation, General Liability Insurance, Commercial Umbrella, and Property Insurance. Attorneys Brent Cooper and Joyce Ondich – Cooper & Scully, PC, (214) 712-9500. Joseph M. Lamb, Jr. d/b/a Pyrotechnics by Lamb v. Britton-Gallagher, et al; Civil Action No. 2-04CV-400, US District Court, Eastern District of Texas, Marshall Division.
September 1, 2005burld