Retained by policyholder counsel as an insurance expert witness to review insurance industry standards of care for claims reporting under Claims-Made policy form relative to Agents Errors and Omissions. Despite clear indications of a pending claim from a flawed acid wash facial treatment, the agent neglected to notify the carrier and further had the insured falsify renewal application information. Attorneys Brady Rife and Paul Belcher, Stephenson Rife, LLP (317) 593-4648. Krambeck v. All Insurance Services, LLC, Cause No. 49D01-2007-PL024354 Indiana Commercial Court In The Marion County Superior Court.
Category: Insurance Bad Faith
30
Jan2023
Engaged by policyholder counsel seeking recovery for construction defect claims resulting from installation of faulty pipe under the Houston Ship Channel. Case required contrasting coverage analysis of contractor’s Commercial General Liability versus manufacturer’s Products Liability, plus Insurance Bad Faith relative to agency’s failure to disclose available Products Liability coverage terms that would have likely covered the claim. Attorneys Michael Watson and Sheryl Kao - Martin, Disiere, Jefferson & Wisdom, LLP, (214-420-5526). Axis Pipe and Tube v. Alliant Insurance Services, et al, Cause No. 202138793 In 281st Judicial District Court, Harris County, Texas.
January 30, 2023burld
30
Dec2022
Retained by policyholder counsel as an insurance expert witness to review insurance industry claims handling standards of care for Commercial Property and Business Income losses. Policyholder’s business was highly seasonal with most of the Business Income concentrated in the several months before the Christmas holidays. Dispute arose following a large theft claim at the start of policyholder’s high season, with carrier refusing to consider the policyholder’s seasonal concentration of earnings when calculating the amount of Business Income loss. Attorneys Greg Goodheart and Ed Schreiber (818) 992-4463. Shimony v. State Farm, Case No.: 21CHCV00085 In Superior Court Of The State Of California For The County of Los Angeles.
December 30, 2022burld
30
Nov2022
Engaged by defense counsel as an insurance expert witness to evaluate whether a ship repairer had complied with vendor contract insurance requirements for Commercial General Liability. Dispute arose when a harbor patrol officer capsized an upgraded boat during sea trials, injuring several of the ship repairer’s employees, who eventually sued the City of Norfolk. Attorneys John Buford and Sara Bugbee, Hancock, Daniel & Johnson, P.C. City of Norfolk Virginia v. Willard Marine, Case Nos. 2:17-cv-00109 and 2:17-cv-00110 In United States District Court For The Eastern District of Virginia.
November 30, 2022burld
30
Jun2022
Engaged by policyholder’s General Counsel to analyze and assist with claims-handling issues to settle a multi-million-dollar hail claim which the carrier refused to acknowledge exceeded the deductible. Engagement involved hiring additional roofing consultants and addressing carrier’s badly flawed analysis of the hail damage; claim eventually settled. Attorney Craig Crockett (817) 628-9998. TCRG v. Starr Surplus Lines Insurance Company.
June 30, 2022burld
15
Jun2022
Engaged by defense counsel to evaluate carrier’s investigation and claims handling conduct for a loss under a Financial Institution Crime policy. The dispute resulted after a claim for loan losses was denied based on the loss not resulting from employee dishonesty. Attorney John Moore, Faegre Drinker Biddle & Reath LLP (215) 988-2750. Appalachian Community Federal Credit Union v. CUMIS Insurance, Case No. 3:20-CV-0553 In United States District Court for the Eastern District of Tennessee Northern Division.
June 15, 2022burld
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
30
Mar2022
Engaged by plaintiff counsel as a consulting expert to evaluate Personal Auto Policy coverage issues following a fatality traffic accident and carrier’s refusal to open a claim. Attorney Eric Edwardson, (409) 924-0845. Rogers v. Allstate, Civil Action No. 4:21-cv-03118 In United States District Court For The Southern District of Texas Houston Division.
March 30, 2022burld
08
Jan2022
Engaged by carrier counsel pursuing an Insurance Agent Errors & Omissions action for Bad Faith to recover claim payments made under a Workers Compensation policy underwritten based on agent’s material misrepresentations on the application. After a tree trimming worker was seriously injured it was discovered the agent had withheld critical underwriting information relative to eligible NCCI classifications and guidelines for the Workers Compensation program. Case required analysis of NCCI class codes and disparate answers provided on multiple Workers Compensation applications. Attorneys Brad Burns and Amanda Newman, Dickinson Wright, PLLC (602) 285-5000. FirstComp v. Ensign, Case No. CV2020-007001 In the Superior Court Of The State of Arizona In And For The County Of Maricopa.
January 8, 2022burld