Retained by policyholder counsel as their Property Insurance Expert to analyze Insurance Bad Faith claims handling issues. Case required expertise with water damage loss and vacancy permits on a Surplus Lines policy. Quackenbush v. Scottsdale; Case No. 2:12-cv-190-J In United States District Court for the Northern District of Texas, Amarillo Division. Attorney Dusty Stockard, Stockard, Johnston & Brown, PC (806) 372-2202.
Category: Surplus Lines
01
Jan2013
Engaged by agent’s defense counsel as their Agents Errors & Omissions, Insurance Bad Faith, Business Income and Property Insurance Expert for multiple Hurricane Ike apartment complexes claims. Case involved Surplus Lines, standard of care, and disclosure of material facts relative to coastal windstorm deductibles. Landco v. Consolidated American Services; Cause No. 2010-23329 In The District Court Harris County, Texas, 281st Judicial District. Attorney Kevin Madden, Kane Russell Coleman & Logan PC, (713) 425-7452.
January 1, 2013burld
01
Aug2012
Engaged by policyholder counsel as a consulting expert to analyze Agents Errors & Omissions issues. Engagement required knowledge of customary insurance agent compensation relative to Surplus Lines placement of Builders Risk coverage under Ocean Marine policies. Trinity Yachts v. Thomas Rutherfoord and Marsh McLennan; Case 1:11-cv-00507-LG-JMR In The United States District Court for the Southern District of Mississippi, Southern Division. Attorney Joseph Briggett, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, (504) 568-1990.
August 1, 2012burld
01
Jul2012
Engaged by counsel for third party seeking to compel vicarious liability coverage for a non-owned watercraft accident. Case included issues of Insurance Bad Faith stemming from carrier’s denial of a Commercial Umbrella claim. The Umbrella was placed as Surplus Lines using an ISO-based policy form with a manuscript Marine Liability endorsement. Case required knowledge of the nuances between Commercial General Liability and Excess Marine Liabilities. Antill Pipeline v. Chartis; Civil Action No. 09-3646, c/w 10-2633, and c/w 11-2131 in United States District Court Section C-2 for the Eastern District of Louisiana. Attorneys Bob Reich and Larry Plunkett – Reich, Album & Plunkett, LLC (504) 830-3999.
July 1, 2012burld
01
Jul2012
Engaged by counsel defending allegations of Agent Errors & Omissions and Insurance Bad Faith. Case involved a Named Driver Exclusion and claim denial under a Commercial Auto policy and a Commercial Umbrella policy written as Surplus Lines. Diamond Pump & Transport, LLC v. Allied North American, et al; Cause No. A-126,966-A in the 70th District Court of Ector County, Texas. Defense counsel Kent Krabill, Lynn Tillotson Pinker and Cox, LLP (214) 981-3800.
July 1, 2012burld
01
Mar2012
Engaged by tug boat owner listed as third party Additional Assured under an Ocean Marine policy. Case involved Agents Errors & Omissions and Insurance Bad Faith requiring analysis of Hull damage late notice of claim and carrier claims handling practices. Marc Oliver v. Atchafalaya Marine, LLC, et al; Civil Action No. CV: 11-223-KD-C, United States District Court for the Southern District of Alabama, Southern Division. Attorney Margaret Miller, Margaret McDowell Miller, LLC (251) 635-6660.
March 1, 2012burld
03
Feb2012
Consulting expert engaged by counsel for carrier and surplus lines agent pursuing recovery from retail agent. Case involved placement issues for a Food Borne Illness policy covering Trade Name Restoration, Loss of Business Income and Incident Response. Following claim denial for an E-coli outbreak, litigation resulted from retail agent’s “failure to disclose material terms” to restaurant franchisees enrolled under a Master policy. Lloyds and Professional Liability Insurance Services v. IMA of Kansas; Cause no. D-1-GN-10-004172 In District Court of Travis County, Texas, 353rd Judicial District. Attorney Christopher White, Lewis Brisbois Bisgaard & Smith LLP (214) 722-7100.
February 3, 2012burld
01
Feb2012
Engaged by carrier as Claims Made and Reported Professional Liability Insurance expert. Case involved late notice of claim and required expertise with Agents Errors & Omissions, Commercial General Liability (including Pollution Liability) and Commercial Umbrella. Environmental Analytics, Inc. v. Chartis Claims, Inc., et al. Cause No. 2010-42050; In The 234th J.D. Court Harris County, Texas. Attorneys Tim Kilgore and Dan Lynn, Jackson & Campbell, PC (202) 457-1632.
February 1, 2012burld
22
Dec2011
Engaged by agent’s defense counsel as an Ocean Marine Insurance and Agent Errors and Omissions Expert. Case required review of Ocean Marine placement procedures, assignment of loss payee/mortgagee interests and coverage territory issues. Dispute resulted from a hull damage claim denial for a dredge barge which ran aground near Cancun, Mexico. Deep Sea Financing, LLC v. Brennan & Co., Civil Action No. STCV1100702 In The State Court of Chatham County, State of Georgia. Attorney Pat O’Connor, Oliver Maner LLP, (912) 236-3311
December 22, 2011burld
01
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 1, 2011burld