Engaged by carrier’s defense counsel as their Insurance Bad Faith, Business Income and Property Insurance Expert. Case required evaluation of claims handling practices relative to partial denial of water damage and mold claims based on a wear and tear exclusion. Eagles Nest Church v. State Auto Insurance, et al; Cause No. 096254334-11 in The 96th Judicial District Court, Tarrant County, Texas. Attorneys Charles Mitchell and Ray Palmer, Naman Howell Smith & Lee, PLLC , (817) 509-2025.
Category: Property
26
Dec2011
Designated as a Property Insurance Expert by policyholder counsel to evaluate claims handling custom & practice. The litigation resulted from Hurricane Rita windstorm damage to a hotel and subsequent claim investigation by carrier. Engagement included review of Insurance Bad Faith issues on the part of a Surplus Lines carrier. Cause No. 12,426; S.A. Hospitality v. Certain Underwriters at Lloyd’s, In the 1st Judicial District Court, Sabine County, Texas. Attorney Chris Leavitt, The Buzbee Law Firm, (713) 223-5393.
December 26, 2011Don Hirsch
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
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
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
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
Dec2010
Engaged by policyholder counsel as their Inland Marine and Property Insurance Expert. Litigation resulted from partial claim denial following the armed robbery of a jewelry store. Claim denial hinged on effective date of an endorsement to increase a Jewelers Block policy limits. Case required evaluation of Agent Errors & Omissions, Surplus Lines procedures and Insurance Bad Faith claims handling. Eagle Jewelry v. United National Insurance Company, et al; No. 2009-50936 In The District Court of Harris County, Texas, 334th Judicial District. Attorney Bob Tarics, The Tarics Law Firm, PC, (713) 461-9490.
December 1, 2010burld
01
Nov2010
Engaged by policyholder counsel as their Boiler & Machinery and Property Insurance Expert. Case required analysis of Difference-in-Conditions coverage, Business Income and Insurance Bad Faith regarding carrier’s claims handling practices. Case involved Boiler & Machinery cause and origin review of pressure vessel implosion at a Chlor alkali plant near Las Vegas, NV. Olin Chlor Alkali Products v. Continental Casualty, et al, Case No. 2:10-cv-00625-GMN-RJJ in United States District Court for the District of Nevada. Attorney Lorie Masters, Jenner & Block LLP, (202) 639-6076.
November 1, 2010burld