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
Category: Insurance Bad Faith
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
01
Jul2011
Engaged by policyholder’s counsel as its designated expert for Property Insurance, Agents Errors & Omissions and Insurance Bad Faith. Case involved analysis of claim denial issues based on a vacancy clause. Spring Center v. AGCS Marine Insurance Company, et al; Cause No. 2011-09454 In the 11th Judicial District Court of Harris County, Texas. Attorney Brant Durrett, Durrett Law Firm, (713) 623-6881.
July 1, 2011burld
01
Jun2011
Engaged by carrier’s defense counsel as their Workers Compensation expert. Carrier and third party administrator were enjoined in litigation between policyholder and agent following a fatality injury to an out of state employee. Case involved allegations of Agent Errors & Omissions and Insurance Bad Faith relative to “Other States Insurance”, Construction agreements and Certificates of Insurance. Factory Sales and Engineering v. Ellsworth Corporation, et al; Docket No. 2007-15870 Division “D”, 22nd Judicial District Court for the State of Louisiana, Parish of St. Tammany. Attorneys for carrier Heather Blackburn & Janice Unland, Rabalais, Unland, & Lorio, (985) 893-9900.
June 1, 2011burld
01
Jun2011
Engaged as Flood Insurance and Insurance Bad Faith expert by attorney filing a Class Action Complaint for a group of NFIP policyholders. Claims dispute arose over inconsistencies between declarations pages and NFIP Dwelling policy definitions of “Basements” and “Elevated Buildings.” Grigsby, et al v. Fidelity National Property and Casualty Insurance Company; Civil Action No. 4:11-cv-03800, In the United States District Court, Southern District of Texas, Houston Division. Attorney John Grazier, (281) 335-7466.
June 1, 2011burld
01
Apr2011
Retained by policyholder counsel as their Property Insurance Expert to examine Agents Errors & Omissions and Insurance Bad Faith issues. Assignment required expertise with coinsurance penalties applied to claims under a Surplus Lines policy written on a Functional Replacement Cost basis and allegations of failure to disclose material facts. Oklahoma & Texas Panhandle Compress v. Aycock & Fowler Insurance Agency; Cause No. 2010-552,281; In The 72nd Judicial District, Lubbock County, Texas. Attorney Brad Parker, Parker McDonald, P.C., (817) 503-9200.
April 1, 2011burld
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
Mar2011
Engaged by defense counsel for carrier as their Property Insurance Expert. Case required review of carrier’s claims handling practices relative to policyholder allegations of Insurance Bad Faith. The dispute involved carrier claims investigation and claims handling practices following a total fire loss. Majestic Flowers vs. State Auto Insurance, Cause No. 37309; In the 82nd Judicial District Court of Falls County, Texas. Attorney for carrier Charles B. Mitchell, Jr., Naman Howell Smith & Lee, PLLC , (817) 509-2025.
March 1, 2011burld
01
Mar2011
Designated as Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert to evaluate policy renewal and claims handling practices. The dispute involved windstorm claims from Hurricane Ike and aspects of failure to disclose Replacement Cost vs. Actual Cash Value. Woodforest Baptist Church v. Scottsdale Insurance Co., et al, No. 2009-37563 in District Court, 157th Judicial District of Harris County, Texas. Attorney for insured Mark Beausoleil, (936) 336-6275.
March 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