Engaged by carrier’s defense counsel to evaluate homeowners coverage issues and address allegations of insurance bad faith claims handling. Dispute resulted after a carrier’s denial of a total fire loss to a dwelling (including rental income) insured under a homeowners policy but occupied by a tenant. Attorney Zane Wilson, CSG, Inc. (907) 452-1855. Baumgartner v. UMIALIK Insurance Company, Case No. 4FA-22-01509 CI In the Superior Court for the State of Alaska Fourth Judicial District at Fairbanks.
Category: Homeowners
15
Dec2023
Carrier defense counsel engagement to evaluate coverage issues for a dwelling total fire loss during Colorado wildfires. Case required analysis as to whether a surplus lines carrier had any duty relative to setting limits of insurance relative to replacement cost and/or rental receipts. Fischer v. National Indemnity Company, et al Case No. 2022CV30092 Division 1, District Court Grand County, Colorado.
December 15, 2023burld
30
May2023
Engaged by policyholder counsel as an insurance expert witness to analyze Agents Errors & Omissions issues pursuant to an agent’s calculations of replacement cost for a high value dwelling. The agent’s worksheets showed artificially low values for square footage and quality of the home’s features. When a fire destroyed the home during the 3rd policy year, agent’s deficient calculations left the dwelling insured for ~50% of actual replacement cost. Attorney Rick Lombardo, Shafer Lombardo Shurin (816) 931-0500. Tolefree v. Farm Bureau, Case No. 2021-CV-000391 In The District Court Of Douglas County, Kansas.
May 30, 2023burld
30
Apr2022
Engaged by policyholder counsel to analyze and opine bad faith claims handling issues under a homeowners policy. Dispute arose following a substantial water loss, inept remediation efforts, and lengthy delays in adjusting the claim. Attorney Tom Anderson, Thomson, Rhodes & Cowie, P.C. (412) 316-8684. Civil Division No. GD-19-009745, Crawley v. State Farm, Xpert Restoration, et al In The Court of Common Pleas of Allegheny County, Pennsylvania.
April 30, 2022burld
30
Mar2022
Retained by insurance company defense counsel to examine Homeowners Insurance underwriting and claims handling in response to Insurance Bad Faith allegations against the carrier. The homeowner abandoned the dwelling after a fire, failed to protect the premises from further damage, and insisted the dwelling was a total loss. Carrier made several inspections and calculated the fire damage at far less than a total loss, leading to eventual litigation. Attorney Daena Ramsey, Shields Legal Group (972) 788-2040. Hooks/Davis v. Southern County Mutual, Cause No. CV21-14932 In The District Court 1st Judicial District Newton County, Texas.
March 30, 2022burld
28
Feb2022
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions relative to standards of care for placing Homeowners Insurance policies. Agent placed coverage with a ‘Cosmetic Roof Exclusion’ whereas prior carrier’s policy had no such exclusion for metal roofs. Policyholder suffered significant financial damage after denial of a hailstorm claim. Attorney Matt Montgomery, Hossley Embry, LLP. Permenter v. Assured Partners, Civil Action No. 3:31-cv-1325 In United States District Court for the Northern District of Texas Dallas Division.
February 28, 2022burld
30
Dec2021
Engaged by defense counsel to respond to policyholder allegations of Bad Faith Claims Handling of a purported Homeowners hail claim. Dispute resulted after carrier’s adjusters could find no visible evidence of hail damage, including after reinspection. Case required analysis of public adjuster’s inflated Xactimate estimates and questionable findings of roof damage. Attorney Carin Marcussen, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard (713) 766-7969. Hughes v. USAA, Cause No. 20-07-08642 In The 284th Judicial District Court of Montgomery County, Texas.
December 30, 2021burld
30
Sep2021
Engaged by policyholder counsel to review claims handling custom and practice for Homeowners Insurance. Litigation resulted following a claim denial after a fire destroyed high value personal property stored off-premises during a home renovation. Case required in depth analysis of policy language relative to limits and coverage for personal property off-premises under specific circumstances and whether the carrier committed Insurance Bad Faith in denying the claim. Attorney David Heller (281) 599-8775. Tavakoli v. Clear Blue Insurance Company, Cause No. 2021-14612 In The 151st Judicial District Court of Harris County, Texas.
September 30, 2021burld
30
Jun2021
Engaged by policyholder counsel to review issues of Homeowners Insurance Bad Faith claims handling for extensive mold damage to insured’s residence. Attorneys David Schack and Matt Segal, Barnes & Thornburg, LLP (310) 284-3873. Buccholz v. Crestbrook Insurance Company d/b/a Nationwide, Cause No. 1:20-CV-00449-AP In United States District Court for the Western District of Texas.
June 30, 2021burld
28
Jun2021
Engaged by policyholder counsel to analyze Insurance Bad Faith issues relative to Homeowners Insurance claims handling custom and practice for a theft loss. Central to the dispute were the excessive depreciation factors used to calculate Actual Cash Value versus Fair Market Value, the carrier questioning ownership of the stolen contents, and long delays in processing the claim. Attorney Tom Friedman, Brown, Bonn & Friedman, LLP (702) 942-3900. Maxwell v. Travelers, Case No. 2:20-cv-01669-JAD-BNW In United States District Court District of Nevada.
June 28, 2021burld