Engaged by policyholder counsel to analyze and opine on claims handling practices for cattle theft claims under a Farm & Ranch policy. Case required analysis of cattle buy/sell inventory records and inconsistencies in adjuster’s claims log entries. Attorneys Paul Bezney and Marlene Thomson (214) 740-2500, Adkerson, Hauder & Bezney, P.C. Linn v. Oklahoma Farm Bureau, Case No. CJ2014-38 In The District Court of Grady County Oklahoma.
Category: Inland Marine
09
Jul2015
Engaged by policyholder counsel to analyze primary and excess carriers’ claims handling practices relative to denial of a multi-million dollar claim for theft of bitumen being stored in China. Both Inland Marine and Ocean Marine coverage was afforded under a single Marine Open Cargo policy form. Engagement required analysis of manuscript Marine Insurance policy forms relative to Bulk Oil Clauses, bills of lading and bailee interests. Great American v. Castleton; Civil Action No. 15-cv-03976-JSR In United States District Court For The Southern District of New York. Attorneys John Shugrue and Caroline Upton, Reed Smith, LLP (312) 207-1000.
July 9, 2015Don Hirsch
10
Sep2014
Engaged by policyholder counsel as their Homeowners Insurance Expert to review allegations of bad faith claims handling resulting from total denial of a theft loss. Case involved contrasting coverage and valuation issues for contents insured as personal property or under inland marine fine arts coverage. Attorney Ned Pillersdorf (606) 886-6090, Pillersdorf, DeRossett and Lane. Dye vs. Kentucky Farm Bureau Insurance Company; Floyd Circuit Court, Civil Action No. 13-CI-529
September 10, 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
Jul2013
Engaged by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Case required analysis of Insurance Bad Faith allegations resulting from claim denial for Flood Zone A locations. Claim included loss of Property and Business Income under an Inland Marine policy form. Attorney Tom Cooper, Pignato, Cooper, Kolker, & Roberson, P.C. (405) 606-3333. Coast to Coast Power Sports v. Robert Bates Agency, et al; Case No. CJ-2012-03555 In The District Court In And For Tulsa County, Oklahoma.
July 1, 2013burld
01
May2013
Retained by carrier counsel as their Insurance Bad Faith and Property Insurance Expert relative to claims handling Customs and Practices. Case required underwriting expertise when moving coverage from an admitted market Inland Marine builders risk to a Surplus Lines vacant dwelling policy. Litigation resulted when large water loss claim was denied due to vacancy disclosures on the insurance application. Pennink, et al v. Lloyds, et al; Case 1:11-cv-00673-TDS-WWD, North Carolina Durham County In The General Court of Justice Superior Court Division File No. 11-CVS-5555. Attorney Jeremy Stephenson, McNair Law Firm, P.A. (704) 347-6456; Attorney Jon Dryer, Wilson Elser Attorneys (215) 606-3908.
May 1, 2013burld
01
Apr2012
Engaged by mortgagee’s counsel as their Insurance Agent Error & Omission and Property Insurance Expert. Case required evaluation of agent’s conduct regarding placements, renewals and endorsements of three Inland Marine Builders Risk policies. Allegations by mortgagee of Insurance Bad Faith arose from agent’s misrepresentations on ACORD. Evidence of Property Insurance forms. Attorney David Clement – Clement, Gates & May (504) 598-2220; Baronne v. Assurance Co. of America, et al; Civil District Court for the Parish of Orleans, State of Louisiana, Number: 09-4893 Division “I-14”.
April 1, 2012burld
08
Jul2011
Retained by carrier’s counsel to provide expert opinions regarding Insurance Bad Faith, reporting form Inland Marine Builder’s Risk and Property Insurance. Dispute involved Agent Errors & Omissions based on agent’s failure to include a mortgagee’s interest when reporting a total fire loss. Seven months after the total fire loss, the agent issued an ACORD Evidence of Property Insurance to the mortgagee, continuing a pattern of misrepresentations. Attorney Larry Fields, Kutak Rock, LLP (816) 960-0090. Assurance Company of America v. O’Connor Insurance Agency; Case No. 4:10CV2204 FRB, United States District Court for the Eastern District of Missouri Eastern Division
July 8, 2011Don Hirsch
01
Jul2011
Engaged as a Property Insurance Expert by counsel defending allegations of Agents Errors & Omissions and Insurance Bad Faith. Litigation resulted from construction agreement insurance requirements, Inland Marine Builders Risk claim denial, and eventual Homeowners subrogation. Attorney Desmond Cooks, (214) 736-9433 The Willis Law Group; Stevens v. Trujillo Insurance Agency; Cause No. 048-248921-10 In the District Court of Tarrant County, Texas, 48th Judicial District.
July 1, 2011burld