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.
Category: Personal Auto
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
21
Jan2019
Retained as Personal Auto & Insurance Bad Faith Expert by carrier’s counsel defending Stowers Doctrine allegations. Auto accident involved injuries to multiple parties who asserted claims, resulted in hospital liens and unreasonable Stowers demand deadlines. Case required analysis of insurance industry claims handling custom and practice standards. Attorneys Kurt Paxson and Garrett Yancey, Mounce, Green, Myers, Safi, Paxson & Galatzan PC, (915) 532-2000. Romero v. Mid-Century Insurance Co., Cause No. 2015-DCV3394 In 448th Judicial District Court of El Paso County, Texas.
January 21, 2019burld
23
Apr2017
Designated as an Arbitrator in a carrier dispute with its Managing General Agency / Third Party Administrator relative to a Personal Auto program. Case involved analysis of underwriting criteria, claims handling custom and practice and allegations of Insurance Agent Errors and Omissions. Attorney Dan Vana, Benjamin, Vana, Martinez & Biggs LLP (210) 881-0667. National Unity Insurance Company, Petitioner, v. Tejas Seguros, LLC, Respondent; Proceeding in Arbitration
April 23, 2017burld
01
Mar2017
Engaged by plaintiff counsel as consulting expert to evaluate Agent Errors and Omissions issues relative to Uninsured Motorist bad faith claims handling. Dispute resulted from a motorcycle rider being seriously injured after agent’s failure to procure Personal Auto coverage. Fry v. Colorado Insurance Advisors, Progressive Insurance, et al; Case No. C2017CV30290, Larimer County District Court, State of Colorado, Division 4A. Attorney Phillip Chupik, Metier Law Firm LLC (970) 377-3800.
March 1, 2017burld
27
Feb2017
Engaged by carrier’s defense counsel to evaluate Notice of Cancellation issues for a Personal Auto policy. Petition included allegations of Insurance Bad Faith claims handling for claim denial after a policy cancelled for nonpayment. Attorneys Dawn Goeres and Tom Cooper, Pignato, Cooper, Kolker & Roberson, P.C. (405) 606-3333. Petro v. American Mercury, Case No. CJ-2016-33 In The District Court of Rogers County, Oklahoma.
February 27, 2017burld
23
May2014
Engaged by plaintiff counsel to evaluate coverage under Farm & Ranch, Personal Auto, Commercial Auto (Garage Liability) and Commercial Umbrella policies. Dispute resulted from an off-road vehicle fatality with issues of “Who is an Insured” under Personal Auto and Farm & Ranch policies, and whether garage repairs contributed to the accident. Chambers v. Harris, et al; Case No. C201400035 In The District Court Johnson County, Texas, 413th Judicial District. Attorney Dwain Dent, The Dent Law Firm (817) 332-2889.
May 23, 2014burld
01
Feb2014
Engaged by policyholder counsel to analyze issues of Insurance Bad Faith claims handling practices relative to Personal Injury Protection coverage under a Personal Auto policy. Attorney Thomas Friedberg, Law Offices of Friedberg & Bunge (619) 557-0101. Schoenfeld v. USAA, Case No. 37-2013-00045246-CU-IC-CTL, Superior Court of The State Of California In And For the County Of San Diego, Central Judicial District.
February 1, 2014burld
01
Aug2013
Engaged by policyholder counsel to evaluate the contrast between Personal Auto and Commercial Auto policy language. Case required analysis of “who is an insured” wording and coverage for Hired and Nonowned Autos under a Business-owners Policy. Attorney Don Murphy, Murphy & Pressentin LLC, (866) 230-2282. Stone v. Supertino; Case No. S-1500-CV-278310 LHB, Superior Court of the State of California, For the County of Kern
August 1, 2013burld
01
Mar2013
Designated as Insurance Bad Faith and Personal Auto Expert by carrier’s attorney defending Uninsured/Underinsured Motorist coverage claim denial. Case required analysis of carrier underwriting and claims handling practices. Attorney Rick Lyde, Vidaurri, Lyde, Rodriguez & Haynes, L.L.P. (956) 381-6602. Villarreal v. Fred Loya Insurance Agency, Inc.; Cause No. 2011-DCL-8586, In The 444th Judicial District Court of Hidalgo County, Texas.
March 1, 2013burld