Commercial Ocean & Inland Marine Insurance Expert
Ocean Marine Insurance
Dating to the late 1600s, ocean marine is among the earliest formalized insurance contracts. Sea merchants gathered in groups at Edward Lloyd’s coffeehouse in London to arrange special contracts with each other – contracts that came to serve as the framework for modern ocean marine insurance policies. The merchants agreed that, in the event that one merchant lost a ship, every merchant in the group would assume a percentage of the loss – thus lessening each merchant’s individual risk for potential loss. The merchants formalized these early insurance policies by writing their names under the percentage of loss that each merchant had assumed. Such is the origin of the term underwriter, as well as Certain Underwriters at Lloyds London.
Areas Covered by Ocean Marine Insurance
Ocean marine insurance addresses loss exposure in three main areas:
- Hull insurance protects the value of the vessel, its equipment and related machinery. Hull coverage can be used to insure offshore oilrigs and boats operating in inland waters.
- Cargo insurance covers waterborne shipments, and commonly covers shipments continuing onto dry land.
- Liability is known as Protection and Indemnity (P&I). It covers bodily injury and property damage to not only the public, but also the master and crew.
Our Experience with Ocean Marine Insurance
Mr. Daniel’s Ocean Marine experience includes placement of coverage, and claims experience, with:
- Off shore drilling rigs (including Business Income)
- Boat owners (Ocean and Inland waters and yacht policies, including salvage)
- Importers/Exporters (Open Cargo policies, including Business Income)
- Marinas (Wet and Dry Marine coverages)
- International shipments of oil, machinery, and bulk goods
Inland Marine Insurance
British sea merchants soon wanted to insure goods that were leaving sea vessels to be transported, over land, to their final destination; “inland marine insurance” was the natural progression of coverage.
Areas Covered by Inland Marine Insurance
Unlike standard property policy forms, which are static and designed to cover primarily fixed location exposures, Inland Marine policy forms are flexible by nature. They may be used to cover a staggering array of Property exposures, like:
- Builders Risk (including Business Income)
- Contractor Installation Floaters
- Contractor’s Equipment Floaters
- Riggers Liability (third-party liability)
- Cargo (Owners or Bailee's goods)
- Equipment and inventory
- Property in Transit (ocean, surface or air shipments)
- Property in Transit - Owner’s or Trucker’s Vehicle
- Transportation Legal Liability (Motor carriers, Riggers and Movers)
Our Experience with Inland Marine Insurance
Inland marine insurance analysis requires knowledge of when, and where, an insured is at risk, as well as when they are no longer at risk for insured goods. As an agent, Mr. Daniel insured all of the above exposures for various clients. As an insurance expert, he has been engaged in numerous marine cases, listed below.
We welcome a call to discuss your specific case issues: 817.980.4897.
Ocean and Inland Marine 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 as an Ocean Marine Insurance Expert by counsel for policyholder. Engagement required analysis of seaworthiness and carrier Bad Faith claim handling after a lightning strike damaged a yacht. Attorney Chris Garcia, Mills Shirley, L.L.P. (409) 763-2341; Adams v. One Beacon Insurance, et al; Cause No. 09CV2262 in the 10th Judicial District Court, Galveston County, Texas.
February 2010 - Designated by policyholder counsel as their Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert. Engagement required expertise with blanket insurance, coinsurance vs.Agreed Value, Business Income, Wet Marine Insurance, and Surplus Lines custom & practice. Claim dispute followed after multi-million dollar flood damage to the largest marina on Lake Texoma. Lake Texoma Highport, LLC v. Lloyd’s of London, et al; Civil Action No. 4:08cv285; In The United States District Court For The Eastern District Of Texas, Sherman Division. Attorney Bart Higgins - Shields, Britton, Frazier (972) 788-2040
December 2009 - Engaged by policyholder’s counsel to analyze claim issues following a cruise boat sinking. Case included issues of seaworthiness and Insurance Bad Faith in regards to settlement of a Commercial Ocean Marine claim. Attorney Jim Ross, Jim Ross & Associates, P.C. (817) 275-4100; Admiralty Inland Cruises v. Indemnity Insurance / ACE USA, et al; No.4-08CV-746-A United States District Court for the Northern District of Texas, Fort Worth Division.
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.
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.
March 2005 - Engaged by plaintiff counsel to research coverage availability regarding both Inland Marine and Ocean Marine Insurance after extensive damage to machinery in transit. Parties included the machinery manufacturer as well as multiple cargo transfer agents and common carriers. Attorney Hugh Connor - Kelly Hart & Hallman, LLP, (817) 332-2500. Anchor Fabrication L.L.P. vs. Southwest Freight, Inc., et al; Cause No. 236-204366-04; 236th Judicial District, Tarrant County, Texas
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Burl Daniel, CPCU, CIC, CRM | 817.980.4897 |
burl@burldaniel.com
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