Commercial
General Liability Insurance
 The broad scope of coverage found in Commercial General
Liability insurance
is often difficult to comprehend whether you are an attorney or business
owner/manager. “General” implies blanket-type coverage when contrasted
with more specific policies such as Auto Liability, Workers
Compensation, or Director and Officer insurance.
We can help you analyze Commercial General Liability for
your company or in the context of your litigation issues. The complexity
of this coverage requires coordination with Auto
Liability, Workers
Compensation , Pollution Liability and Umbrella
Liability Insurance .
We bring years of field experience facilitating these coverage coordination
issues.
Our expertise in Commercial General Liability includes:
- Coverage coordination with:
- Contractual liability issues
- Third party action over
- Product (and Completed Operations) Liability
- Hold harmless and indemnity agreements
- Professional Error and Omission exclusions
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- Pollution Liability exclusions
- Occurrence vs. Claim made forms
- Defense Cost inside/outside limits
- General and Artisan Contractors
- Pharmaceutical Products Liability
- Wrap Ups / OCIP / CCIP
- Classification issues
- Premium Audits
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We welcome a call to discuss your specific case issues: 817.980.4897.
Commercial General Liability Expert Witness Cases
Cases are listed only after we are disclosed as an Insurance Expert to opposing counsel.
February 2011 – Engaged by policyholder’s counsel seeking coverage for construction defect claims. Case involved aspects of Agent Errors & Omissions and Insurance Bad Faith resulting from placement of Commercial General Liability and Products Liability Insurance coverage. Central to the dispute were allegations against the agent of failure to disclose material facts. Sanderson v. JDW Insurance, Cause No. 2009-3145, 120th Judicial District Court, El Paso County, Texas.. Attorney Jim Martinez, James A. Martinez, P.L.L.C. (317) 637-0700.
May 2010 - Retained by counsel for policyholder seeking coverage under a 1973 ISO. Comprehensive General Liability form. Expert affidavit addressed issues involving Commercial General Liability and Products Liability Insurance coverage under Surplus Lines policies. Case also involved Pollution Liability coverage and Reliance Insurance Company liquidation proceedings (No. 269 MD 2001 In The Commonwealth Court of Pennsylvania). Reliance Insurance Co. v. Raybestos Products, United States District Court, Southern District of Indiana, Indianapolis Division, Cause No. IP 97-0027-C-Y/G. Attorney Brett Nelson, Plews Shadley Racher & Braun LLP, (317) 637-0700.
March 2010 - Retained by defense counsel for carrier as their Commercial General Liability and Insurance Bad Faith expert. Case involved carrier standards & practices for claims investigation, setting reserves and claims settlement. Litigation resulted after insurer denied payment of fatality claim in: Allen v. Guide One Insurance Company; Commonwealth of Kentucky, 44th Judicial Circuit, Bell Circuit Court, Civil Action No.: 06-CI-00583. Attorney David A. Trevey, Fulkerson & Kinkel, (859) 253-0523.
March 2009 – Retained by hospital’s in house general counsel to provide analysis of CCIP for a large hospital addition. Engagement included assessment of how and what coverage would be extended to the owner under a CCIP (Contractor Controlled Insurance Program) in contrast to an OCIP (Owner Controlled Insurance Program). Client requested evaluation of issues involving Commercial General Liability, Completed Operations, Commercial Umbrella, Inland Marine Builders Risk (including “soft costs”) and Workers Compensation. Attorney John McNey, General Counsel, Cook Children's Medical Center , (682)-885-1330.
September 2007 - Retained by plaintiff counsel to provide analysis regarding Agent Errors & Omissions & Risk Manager Standard of Care. Litigation resulted after denial of a large "Construction Defect (Contractors Rework/Rip & Tear)" claim under an OCIP (Owner Controlled Insurance Program). Claim was denied under Commercial General Liability and Commercial Umbrella Insurance. Roy Anderson Corporation v. Sawyer-Foster Insurance, et al; Circuit Court Harrison County Mississippi, First Judicial District, Case No. A2401-07-215. Attorneys Paul T. Benton & Tricia Beale (228) 432-0305.
February 2007 – Defense counsel engagement regarding alleged Bad Faith placement of a loss sensitive insurance program and carrier’s claim reserve methodology. Case required expertise in Commercial General Liability, Workers Compensation, Agent Errors & Omissions. Case involved Attorneys Leland de la Garza and David Tabor - Shackelford, Melton & McKinley, LLP (214) 780-1400 Lauren Engineers and Contractors, Inc. v. Hilb Rogal, and St. Paul Insurance , 104th District Court, Taylor County, TX, Cause # 23376-B
September 2006 - Retained by defendant to offer opinions regarding premium basis used for a disputed Commercial General Liability audit. Attorneys Matt Nowak and Brandon Starling – Nowak & Stauch, LLP Dallas, TX (214) 823-2006. Everest Indemnity Insurance Company v. Ranger Fire, Inc.; Cause #01721104805 17th District Court, Tarrant County, TX
February 2006 - Retained by defense counsel for insurance carrier. Case involved Agent Errors & Omissions as to timely reporting claims for General Liability Insurance and Professional Liability Insurance where both policies were issued by the same carrier. Attorney Carol Keough - Coats Rose Yale Ryman Lee (713) 653-7372; REO vs. Zurich American Insurance Co., RN Jones Agency, Inc. & Sidney Brown Cause No. C-1739-01-CA (Severed cause).
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Burl Daniel, CPCU, CIC, CRM | 817.980.4897 |
burl@burldaniel.com
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