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: Insurance Bad Faith
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
Nov2023
Engaged by policyholder counsel to analyze Pollution Liability coverage and underwriting issues following denial of a bodily injury claim from a carbon monoxide leak. Engagement required analysis of claims-made renewal underwriting, first party cleanup vs. third party liability, and bad faith claims handling issues. Attorneys David Newman and Brittany Armour, Hogan Lovells US, LLP (267) 675-4600. OQ Chemicals v. Lloyds, Civil Action No. 4:23-cv-01125 In The United States District Court For The Southern District of Texas, Houston Division.
November 30, 2023burld
30
Oct2023
Engaged by defense counsel to address allegations of insurance bad faith for a claim denial under a nursing home professional liability policy. Claim denial was premised on policyholder’s failure to disclose “circumstances related” to a prior claim on the renewal application. Attorneys Bill Morrison and Joanne Wendell, Morrison Law, LLP (925) 937-9990. Oxnard Manor LP v. Hallmark Specialty Insurance Company, Case No. 2:23-cv-01322-SPG-MAR In United States District Court Central District of California.
October 30, 2023burld
30
Sep2023
Engaged by carrier’s defense counsel to analyze allegations of Insurance Bad Faith for carrier actions in revising Workers Compensation class codes to accurately assign payroll to NCCI class codes. Case required analysis of years of policyholder failing to apply payrolls accurately to NCCI class codes for audits and renewal policies. Attorney Frank Fox (602) 908-1707. Arizona Labor Force v. WCF National Insurance Company, Case No. CV2022-009615 In the Superior Court of the State of Arizona, County of Maricopa.
September 30, 2023burld
30
Aug2023
Engaged by carrier’s defense counsel to analyze claims handling of an Underinsured Motorist claim resulting from a low-speed accident. The claim was complicated by the policyholder’s son having his own Personal Auto Policy, reporting the injury 5 months after the accident, whether he was a household resident, and the possibility the injury was work related. Attorneys Philip Overcash and Tyler Milliron, Kutak Rock LLP (480) 429-5000. Wintrow v. USAA, Case No. CV2022-050974 In the Superior Court of the State of Arizona, County of Maricopa.
August 30, 2023burld
30
Jul2023
Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder. The policyholder had declined water damage coverage during a surplus lines placement, resulting in carrier later denying the sprinkler claim. Attorneys Doug Fogle and Joel Wertman, Winget, Spadafora & Schwartzberg, LLP (215) 433-1500. Newtown Square v. Worldwide Facilities, et al, Civil Action No. 21-5397 In the United States District Court for the Eastern District of Pennsylvania.
July 30, 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
Mar2023
Retained by policyholder counsel as an insurance expert witness to review insurance industry renewal procedures when an agent failed to adequately disclose Business Income insurance being deleted on a renewal policy. Dispute arose following a major fire loss, when the agent finally informed the policyholder clearly that its Commercial Property policy provided only Extra Expense coverage leaving a multi-million dollars claim uncovered. Attorneys Halsey Knapp and Barclay Valloton, Krevolin & Horst, LLC (404) 888-9700. Buckhead v. McGriff Insurance Services, Civil Action File No. 22-GSBC-0004 In The Georgia State-Wide Business Court.
March 30, 2023burld
28
Feb2023
Engaged by counsel for receiver/policyholder to evaluate Commercial General Liability and Pollution Liability relative to Insurance Bad Faith claims handling under 1980s policies with no pollution exclusions. The case was complicated by overlay of workers compensation coverage, contractual liability, and Reservations of Rights issues. Attorneys Brad Nes and Cullen Pick, Morgan, Lewis & Bockius, LLP (214) 466-4116. Standard Insulation v. Liberty Mutual Insurance Company, Civil Action No. 2022-CP-40-01241 In the Court of Common Pleas Fifth Judicial Circuit State of South Carolina, County of Richland.
February 28, 2023burld