Business Interruption / Business Income / Extra Expense
Insurance Expert Witness

Although Business Interruption ("BI") and Extra Expense (“EE”)  exposures are a crucial concern for virtually all industries, "BI" is one of the most undersold lines of coverage, and "BI" claims are among the most difficult to settle.

Considerations and Implications of BI/EE Coverage

Business Interruption is usually not covered by standard Property Insurance policies; it must be endorsed or written separately. Policyholders must consider:

• How do we pay the bills when a fire shuts down the business?
• How do we survive with greatly reduced income or no income?
• How long will we be out of business?
• Who will pay the 'Extra Expenses'?

Successful Resolution of BI Claims

The successful resolution of these questions depends upon properly designed Business Interruption Insurance. Without adequate "BI" insurance, the majority of businesses fail to survive an extended loss of income. A $20,000 (covered) fire loss can easily result in a $500,000 (covered / not covered) business interruption insurance claim.

Our Experience with BI Coverage

Mr. Daniel spent decades structuring business income and extra expense coverage for countless clients, including manufacturers, retailers, distributors, contractors, property owners, and importers-exporters. His technical background with "BI" coverage includes:

We welcome a call to discuss your specific case issues: 817.980.4897.

Business Interruption Insurance Expert Witness Cases

Cases are listed only after we are disclosed as an Insurance Expert to opposing counsel.

May 2010 - Engaged as a Property Insurance Expert by policyholder seeking coverage for Hurricane Ike builders risk claims. Case included allegations of Insurance Agent Error & Omission and carrier Insurance Bad Faith. Case required expertise with construction agreements relative to ordinance and law coverage, large Wind and Hail deductibles, and Business Income soft costs under Inland Marine builders risk policies. Attorney Windell Snow (316) 263-5959; Construction Services Bryant v. Cincinnati Insurance Company, Case No. 09 CV 3137 in the Eighteenth Judicial District Court, Sedgwick County, Kansas, Civil Department

May 2010 – Designated by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert.  Litigation involved Hurricane Ike flood claim disputes.  Pleadings included allegations against the agent of  Insurance Bad Faith and failure to procure Business Income.  Attorneys Aaron Rankin & Brendan Cook, Baker & McKenzie , (713) 427-5000.   South Coast Cement v. Willis of Texas, et al; Cause No. 60,687 in County Court at Law Number 1, Galveston County, Texas.

May 2010 – Designated as policyholder’s expert for Property Insurance, Business Income, and Agent’s Errors & Omissions.  Case issues included building & contents valuations and Ordinance or Law coverage following a total fire loss in Metairie, LA.  Cardinale v. Goza, et al; Civil Action No. 09-4181 in United States District Court, Eastern District of Louisiana, Judge Section “N”, Magistrate 4.   Attorney Greg Dupuy, Dupuy & Dupuy Attorneys (504) 831-4833.

October 2009 – Designated by counsel for policyholder as their Flood Insurance and Property Insurance Expert. Case required analysis of excess flood Business Income, funding excess flood deductibles with NFIP policies, and the effect of ‘Other Insurance’ policy language.  Attorney Wendy O’Connor, Tallman, Hudders & Sorrentino, P.C., (484) 765-2274.  Pine Grove Manufactured Homes v. Indiana Lumbermens, et al; Civil Action No. 3:08-CV-1233, US District Court for the Middle District of Pennsylvania.

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 2005 - Retained by Orix Capital Markets as their Property Insurance Expert. Litigation involves mortgage document(s) insurance language 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    |     burl@burldaniel.com