Retained by counsel for carrier seeking to rescind a Commercial General Liability policy based on agent’s failure to disclose material underwriting information on the application. Case required analysis of issues relative to Agents Errors & Omissions, Insurance Bad Faith Claims Handling and Workers Compensation issues involving an injured worker. Atlantic Casualty v. N&A Properties; Case 4:17-CV-368-A in United States District Court for the Northern District of Texas, Fort Worth Division. Attorneys Camille Johnson and Steve Santayana, Savrick, Schumann, Johnson, McGarr, Kaminski & Shirley, LLP, (214) 368-1515.
Category: Surplus Lines
20
Sep2017
Engaged by policyholder counsel to analyze and opine on issues relative to Agents Errors & Omissions relative to Business Income coverage. Dispute resulted from Insurance agency’s failure to follow up with policyholder on carrier request for Business Income underwriting information at a new location. This failure resulted in partial denial of a Business Income claim when a building collapsed. Attorneys Mike Abrams and Kim Winter, Lathrop Gage, LLC (816) 460-5530. Axiom v. Marrs & Davolt, Case No. 16CY-CV00586 Division No. 5, In the Circuit Court of Clay County Missouri.
September 20, 2017burld
21
Jul2017
Engaged by defense counsel to analyze Agent Errors & Omissions issues relative to whether the agent was provided a copy of an oil field services Master Services Agreement. Plaintiff had failed to provide the agent with accurate information to obtain Jones Act / USL&H Maritime Workers Compensation and/or Other States coverage. The dispute resulted from the Commercial General Liability carrier denial of a contractual liability indemnity claim (under the customer’s MSA) for an employee injury which occurred over water. Zadok v. Bell Insurance, Cause No. 2016-44757 In 80th Judicial District Court, Harris County, Texas. Attorneys Ryan Brown and Nathan Shackelford, Hermes Law, PC (214) 749-6800.
July 21, 2017burld
16
Jun2017
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to whether the insurance agent was ever provided a copy of an oil field Master Services Agreement. The dispute resulted from an employee injury, plaintiff’s previous failure to complete required actions to obtain Workers Compensation and carrier denial of a Commercial General Liability claim. Allegations against the agent included failure to procure Commercial Auto and Commercial General Liability to comply with MSA contractual liability insurance requirements. Emperor v. Millennium Insurance Services; Cause No. 2016CI14546 In The District Court of Bexar County, Texas 150th Judicial District. Attorney Frank McNiff, Welder Leshin Lorenz McNiff Buchanan Hawn, LLP, (361) 561-8008.
June 16, 2017burld
16
Jun2017
Engaged by plaintiff counsel to analyze issues of coverage and claims handling under a Union Liability policy. The dispute resulted from carrier denial of labor contract violations claims; policyholder eventually assigned its rights to the third party claimant which pursued its coverage rights under Professional Liability, Directors & Officer and Employment Practices Liability alleging claims handling Insurance Bad Faith. Davis Wire v. Ullico Casualty Group, et al; No. 16-2-24564-1 KNT, Superior Court for the State of Washington In and For The County of King. Attorney Eamon Kelly, Sperling & Slater, PC, (312) 676-5845.
June 16, 2017burld
06
Jan2017
Engaged by defense counsel to address allegations of Managing General Agent E&O / Bad Faith involving placement of surplus lines. Litigation resulted following claim denial for a vehicle accident involving a city bus being driven by a temporary staff employee. Case involved Non-owned Autos coverage under Commercial Auto and/or as an endorsement to Commercial General Liability policies. Attorneys Heather Duplantis and Kevin Welsh, Phelps Dunbar LLP (225) 346-0285. Johnson v. City of Alexandria, Number 247,208 In 9th Judicial District Court For The Parish Of Rapides, Division “G”, State of Louisiana.
January 6, 2017burld
24
Nov2016
Engaged by defense counsel to analyze allegations of Agent Errors & Omissions and Insurance Bad Faith involving placement of Surplus Lines Commercial General Liability. Case involved policy conditions that a general contractor be named as additional insured under subcontractors’ Commercial General Liability policies and maintain Certificates of Liability Insurance. General contractor was sued based on a subcontractors faulty work allegedly resulting in a fatality. Litigation ensued after carrier’s claim denial for failure to comply with policy terms and conditions. Attorney John Scott, Hardin, Kundla, McKeon & Poletto (973) 912-5222. Repoli v. LA Design and Construction, Lynoxx Group, et al / Coughlin v. Repoli, et al; Docket Nos. ESX-L-8325-14 and ESX-L-I011-15, Superior Court of New Jersey, Law Division: Essex County.
November 24, 2016burld
04
Jul2016
Engaged by policyholder counsel to analyze coverage grants and claim denial under a Directors & Officers Liability policy. Engagement required analysis of Professional Liability exposure from litigation resulting from a client’s telemarketing services subcontracted to a third party as well as potential late reporting under Claims Made coverage forms. Attorney Scott Mager, Mager Paruas, LLC (954) 763-2800. Desai, et al v. ADT Security Services, Inc. v. The Elephant Group, Inc., et al v. Direct Savings USA, LLC; Case No. 1:11-cv-1925, United States District Court Northern District of Illinois Eastern Division.
July 4, 2016Don Hirsch
21
Jul2015
Engaged by policyholder counsel to evaluate claims handling practices of excess layers carrier(s). Case involved Energy Exploration and Development/Operators Extra Expense offshore “removal of wreck and debris” claims resulting from Hurricane Ike. Engagement required analysis of Surplus Lines Umbrella policies coverage trigger(s) relative to exhaustion of underlying insurance limits. W&T Offshore v. National Liability & Fire Insurance Co., et al; C.A. NO. 4:14-CV-02740, United States District Court for the Southern District of Texas Houston Division. Attorney Matthew Parrish, Taunton, Snyder & Slade (713) 993-2342.
July 21, 2015burld
09
Jul2015
Engaged by policyholder counsel to analyze primary and excess carriers’ claims handling practices relative to denial of a multi-million dollar claim for theft of bitumen being stored in China. Both Inland Marine and Ocean Marine coverage was afforded under a single Marine Open Cargo policy form. Engagement required analysis of manuscript Marine Insurance policy forms relative to Bulk Oil Clauses, bills of lading and bailee interests. Great American v. Castleton; Civil Action No. 15-cv-03976-JSR In United States District Court For The Southern District of New York. Attorneys John Shugrue and Caroline Upton, Reed Smith, LLP (312) 207-1000.
July 9, 2015Don Hirsch