Business Interruption / Business Income Insurance

View Business Interruption Cases below

Virtually all industries have acute exposure to Business Interruption ("BI") claims, and coverage must be carefully structured in advance. Business Interruption insurance claims are usually not covered by standard property insurance and must be endorsed or written separately. "BI" is one of the most undersold insurance coverages and certainly much needed by business owners.

How do we pay the bills when the business shuts down after the fire? How long can we continue with no income or greatly reduced revenue? How long will we be "out of business"? Who will pay these Extra Expenses? The answer to these questions is the subject matter of properly designed Business Interruption Insurance.

Many businesses fail to survive a lengthy loss of income because they decline to purchase business interruption insurance. A $20,000 (covered) fire loss can easily result in a $500,000 business interruption insurance claim.

Our experience structuring coverage for manufacturers, retailers, distributors, contractors, importers, and landlords provides us broad technical background for this line of coverage. We can provide you an in depth understanding of technical requirements of Business Interruption Insurance, including:

business interruption Insurance Expert Witness Cases

More Recent engagements are listed only after our Insurance Expert Designation has been disclosed to opposing counsel.

March 2009 – Engaged as Property Insurance Expert by a property owner following a fire loss.   Case required knowledge of coinsurance, Agents Errors & Omissions, Insurance Bad Faith and Business Interruption.  Fuller v. Ramey King and Northfield Insurance; Cause No. 352232972, 352nd Judicial District Court of Tarrant County, Texas.  Attorney Barry Hasten, Hasten & Hansen Attorneys, (817) 429-0956

December 2008 - Designated by plaintiff counsel as their Property Insurance Expert regarding a total loss due to Hurricane Wilma.  Provided analysis pertaining to Agent Error & Omission.  Case issues involved Florida Windstorm insurance, Business Income and Surplus Lines Insurance placement.  Scott Katz & Beth Berry, Butler Pappas Attorneys , (813) 281-1900.    TCB Farms v. Oswald Trippe, et al; Case No. 07-1389-CA, Twentieth Judicial Circuit Court, Collier County, FL.

August 2008 –Designated by plaintiff counsel as a Flood Insurance and Property Insurance Expert.  Flood claim was denied after Tropical Storm Allison flooded a large apartment complex in Houston, TX. Provided coverage analysis for Agent Error & Omission, Business Income and Surplus Lines Insurance coverage issues.  Meg Las Villas v. United States Fire; Cause No. 2007-54444, Harris County, TX.  Attorney Paul Allred, (214) 528-9560, Sullivan & Holston.

June 2008 – Consulted as Property Insurance Expert for claims under Inland Marine, Boiler & Machinery and Business Income coverage. Case involved damage to a printing press during transport and upon arrival at a new location. Northeast Impressions, Inc., et al v. Camden Fire, et al; Superior Court of New Jersey, Passaic County Docket No. PAS-L-390-07. Tom Lloyd (973) 863-7612 Morgan Melhuish Abrutyn, Attorneys

October 2007 – Retained as a claim consultant regarding  Property Insurance following a total fire loss at General Machined Products.  Engagement included analysis of Business Income Insurance.  Attorney Craig Crockett, The Crockett Firm PC (817) 810-0400; Adjuster Hobe Bauer - Sentry Insurance , (704) 872-4774.

July 2007 - Designated as Business Income and Property Insurance Expert by plaintiff counsel regarding coverage denial for Flood and Windstorm, damages resulting from Hurricane Katrina.  Delta Land & Title v. State Farm Insurance Company; Civil Action 06-5374; Section L, Mag. 1; United States District Court for the Eastern District of Louisiana.  Attorney Peter Koeppel (504) 598-1000

April 2007 - Selected by defense counsel as their Property Insurance Expert to provide analysis and testimony regarding and Insurance Bad Faith. Case required expertise in Business Income, Flood Insurance, Surplus Lines & Ocean Marine Insurance. Litigation resulted after damage due to Hurricanes Jeanne and Francis and subsequent claim denials. Attorneys Larry Montgomery & Lee Chase, Glankler Brown, PLLC ( 901) 525-1322 . Dyer Investment Company, LLC, et al v. Marsh & McLennan Companies, Inc. et al, and Certain Underwriters at Lloyd's, Case No. 05CV2812-D/P in the United States District Court for the Western District of Tennessee Western Division.

February 2007 –Plaintiff engagement as their expert  for Property Insurance, Agent Errors & Omissions & Business Income. Litigation involved a total fire loss to underinsured building and Business Personal Property. Attorney Jeff Stewart - Seikaly & Stewart, Attorneys, (248) 723-5120. Trojan Cleaners, et al v. The Regency Insurance Group, et al; Case No. 2006 611590 CK 6 611590 CK, State of Michigan Wayne County Circuit Court.

January 2007 - Engaged by counsel for plaintiff as an expert for Property,  Flood, and Business Income Insurance and to assist with carrier Bad Faith claims issues. This case involved Flood Zone determinations and prior Flood claim payments.  Attorney John Gabroy - Gabroy Rollman & Bosse, PC (520) 320-1300. Eurofresh v. Travelers Indemnity Company; US District Court for The District of Arizona, Tucson Division, No. CIV 04-6 79 TUCRCC

November 2006 - Retained by plaintiff as consulting Property Insurance Expert to analyze issues surrounding claim denial under an Inland Marine Builders Risk policy. Case issues included Additional Insured endorsements, policy exclusions, Agent Errors & Omissions, and carrier Bad Faith. Attorney Michael Kennedy - Casey Ciklin Lubitz Martens & O’Connell West Palm Beach, FL (561) 832-5900. Suffolk Construction v. Royal Indemnity Co., Brown & Brown, Inc., et al; Cause No. 502002CA012543, 15th Judicial District, Palm Beach County, Florida.

August 2006 - Engaged by defense counsel to analyze claims issues relative to coverage for Boiler & Machinery losses under a Lloyds Ocean Marine Builders Risk policy. Attorney Clif Hall - Westmoreland Hall, PC (713) 871-9000. Smith-Enron et al v. Underwriters at Lloyds, et al; Cause No. A-175389, Jefferson County Texas 58th Judicial District.

July 2006 - Retained by defense counsel to render opinions in answer to allegations of Insurance Agent Errors & Omissions and Insurance Bad Faith claims misconduct by wholesale broker at Lloyds London. Coverage issues involved Builders Risk coverage under Lloyds Ocean Marine Insurance coverage form. Attorney Ashley Parrish - Cantey & Hanger, LLP, (214) 978-4145, The Houston Exploration Company v. Tysers International Insurance & Reinsurance Brokers & At Lloyds, et al, Cause No. 2004-61582 in the 234th District Court, Harris County, Texas.

July 2005 - Retained by Orix Capital Markets as their Property Insurance Expert. Litigation involves mortgage document(s)insurancelanguage requiring borrower(s) to maintain Terrorism Insurance for mortgaged properties post 9-11-01. Attorney Talmage Boston - Winstead Sechrest & Minick, PC (214) 745-5462; Attorney Amy Howell (214) 237-2000. ECF North Ridge v. ORIX Capital Markets; Cause No. 04-7956-G, 134th Judicial District Court Dallas County, Texas.

March 2005 - Retained by plaintiff to provide forensic insurance analysis of coverage and premiums. Case involved issues of agent negligence over multiple policy years in placing Workers Compensation, Products Liability Insurance, Commercial Umbrella, and Property Insurance. Attorney - Craig Albert of Godwin Gruber Attorneys (214) 207-6901. Aurora Equipment v. Arthur J. Gallagher & Co.; Cause No. 04-07955-E; 101st Judicial District Court of Dallas County, TX

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Burl Daniel, CPCU, CIC, CRM     |     817.980.4897    |    burldaniel@prodigy.net