Engaged by defense counsel to address allegations of insurance bad faith for a claim denial under a nursing home professional liability policy. Claim denial was premised on policyholder’s failure to disclose “circumstances related” to a prior claim on the renewal application. Attorneys Bill Morrison and Joanne Wendell, Morrison Law, LLP (925) 937-9990. Oxnard Manor LP v. Hallmark Specialty Insurance Company, Case No. 2:23-cv-01322-SPG-MAR In United States District Court Central District of California.
Professional Liability Errors & Omissions Insurance Expert Witness
Those professionals providing client services have recently been held to an increasingly higher standard of care. Professional Liability insurance (aka Errors & Omissions and/or Malpractice Liability) is intended to protect against allegations of Errors & Omissions or Professional Malpractice against an individual professional or a professional services entity.
Directors & Officers Liability and Employment Practices Liability are Included within the realm of Professional Liability. Coverage is most commonly written on claims-made policy forms.
Call (817) 980-4897 to discuss your case with Insurance Expert Witness Burl Daniel.
Business Climate
The environment for professional liability underwriting and coverage is subject to various factors, including:
- A lawsuit-conscious public fueled by 24/7 media.
- Public belief in “deep pockets” able to pay.
- Abundance of lawyers.
- Escalating court settlements.
- Punitive damages tripling damages in some states.
Professions with E&O Exposures
It is fairly easy to identify certain professions susceptible to Professional Liability claims:
- Accountants
- Advertising / Media / Printers
- Architects & Engineers
- Attorneys
- Environmental Consultants
- Insurance Agents
- Physicians / Dentists / Hospitals
- Real Estate Brokers / Property Managers
- Trustees / Fiduciaries
Though others may not be quite so obvious, the list of professionals with exposure to Errors & Omissions claims includes:
- Allied Health Care Professionals
- Arbitrators and mediators
- Bankers
- Claims adjusters
- Construction managers / Contractors
- Educators / School Boards
- Escrow agents
- Insurance Companies
- Nursing
- Payroll / billing processors
- Pharmacy
- Police / Public Officials
- Staffing / Professional employer organizations
- TPAs
- Travel Agents
- Website designers / Software programmers
Claims
Whether a given professional provided a proper standard of care is specific to the facts of each case. However, professional liability claims may include allegations of:
- Error, omission, or misrepresentation
- Failure to provide a service in a timely fashion
- Failure to disclose material terms
- Failure to follow client instructions
- Failure to properly advise
- Failure to keep client information confidential
Our Experience
Dating to 1973, Mr. Daniel placed Professional Liability coverage for clients practicing in a variety of professions. In addition to dozens of engagements for Insurance Agents E&O, he has been engaged as an Expert Witness in a variety of Professional Liability cases involving non-insurance professionals.
Professional Liability expertise includes understanding nuances of:
Professional Liability Expert Witness Cases
** In addition to the Professional Liability Cases listed below, please see our Insurance Agents Errors and Omissions cases. View “Insurance Agents Errors and Omissions” cases.
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.
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions standards of care for placing Commercial General Liability and/or Professional Liability coverage. Agent failed to recognize and address Advertising Injury exposures created by operations of the real estate firm policyholder which provided advertising and marketing services to developers and real estate entities. When policyholder was sued for “copyright Infringement” the claim was denied based on the Advertising Injury exclusion. Attorneys Andrea DeField and Austin Priddy, Hunton Andrews Kurth, LLP, (305) 810-2500. Urban Living v. ISB Insurance Services, Case No. 202055546 In The 55th Judicial District Court of Harris County, Texas.
Engaged by insurance agent’s defense counsel to analyze allegations of Insurance Agent Errors and Omissions and Insurance Bad Faith. Case involved multiple Commercial Auto policies, Commercial General Liability, Professional Liability and required analysis of coverage grants for loading/unloading. Dispute followed carrier claim denial due to vehicle in question not being described as a ‘Covered Auto’. Attorneys Amanda Harvey and Kayleigh Watson, Wilson Elser Moskowitz Edelman & Dicker LLP (214) 698-8000. National Ambulance v. Hija Insurance Agency, et al. Cause No. 2016-52143 In 11th Judicial District Court, Harris County, Texas.
Retained by defense counsel to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith relative to a Professional Liability policy renewal. Case included allegations of failure to procure alongside issues of questionable policyholder Medical Malpractice claims reporting. Surplus Lines carrier renewed a Claims Made policy with a material reduction of coverage; subsequent claim denial resulted in litigation involving multiple parties. Attorneys Paul Gerding and Echo Reynolds, Kutak Rock LLP (480) 429-5000. Infini v. Wells Fargo Insurance Services USA, Inc., et al; Case No. 2:16-cv-03874-PHX-GMS In The United States District Court, District Of Arizona
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.
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.
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to placement of a Broker-Dealer/Registered Investment Advisor(s) Professional Liability policy. Case involved evaluation of coverage afforded a named insured vs. additional insured, Surplus Lines, and Claims Made issues. Claims stemming from a Registered Investment Advisor’s fraudulent investment activities and subsequent conviction were denied by carrier which resulted in an Insurance Bad Faith claim against the agent. Onyx v. Indian Harbor, CalSurance, et al; Civil Action No. 3:13-CV-03426-P In The United States District Court For The Northern District of Texas, Dallas Division. Attorney Blake Bailey, Phelps Dunbar LLP, (817) 488-3134.
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.
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.
Retained by counsel for physician seeking claim payment under his Professional Liability policy. Case required expertise in Claims Made medical malpractice Liability Insurance, Workers Compensation and Insurance Bad Faith. Lowe vs. TMLT, Cause No. 348-223452-07; 348th Judicial District Court of Tarrant County, Texas. Attorney Bill Kirkman – Bourland & Kirkman, LLP (817) 336-2800.
Retained as a Professional Liability Expert to analyze issues of Insurance Bad Faith and Claims Made policies for Real Estate Brokers & Agents professional liability. Haynes v. Griffin, et al Cause No. 08-13312-G, 134th State District Court of Dallas County, TX. Plaintiff counsel Nathan Ziegler, (806) 765-8801.
Retained as plaintiff counsel’s Insurance expert to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith. Case issues involved placement of Claims Made Medical Malpractice insurance and Agent Standard of Care to advise when advising clients of Professional Liability market conditions. during insurance placement. Attorney Michael Hance, Franklin & Hance, PSC (502) 637-6000. Leslie Hill, M.D. v. SCW Agency, et al. Case No. 04-CI-07409 in Jefferson Circuit Court, Division 10, Commonwealth of Kentucky.
Engaged by insurance carrier as Agent Errors & Omissions, Commercial General Liability and Professional Liability Insurance expert. Dispute arose from late notice of claim under both Occurrence form and Claims Made policies. Attorney Carol Keough – Coats Rose Yale Ryman Lee (713) 653-7372; REO vs. Zurich American Insurance Co., et al. Cause No. C-1739-01-CA (Severed cause); in The 139th J.D. Court, Hidalgo County, Texas.
Case involved Commercial General Liability and Professional Liability coverage issues relative to compliance with insurance requirements in a software contract. Defense Attorney Dan Bates – Decker, Jones, McMackin, McClane, Hall & Bates, P.C., Fort Worth, TX, (817) 336-2400. Bell Helicopter v. Global Technical Services, Inc., Cause # 17-215027-05, 17th District Court, Tarrant County, Texas.