Commercial Umbrella (excess) Liability
View Commercial Umbrella
Cases below
Commercial Umbrella Liability (aka Excess Liability) claims
reach the Umbrella limits in only a small percent of liability claims.
However, once primary liability limits are exhausted these claims are
catastrophic. The dilemma is even worse when coverage is not properly
structured in advance. The "shock loss" nature of this coverage
often presupposes litigation, given that at least $1,000,000 of underlying
liability coverage is exhausted.
Problems include claim handling disputes between the primary liability
and Commercial Umbrella Liability carriers. Potential litigation
issues include follow form requirements, Impaired Aggregates, and non-compliance
with contractual insurance requirements. Failure to maintain required
underlying liability for General
Liability Insurance, Commercial
Auto Liability Insurance, Workers
Compensation. Pollution Liability has its own set of serious
coverage problems. We also bring you experience with excess umbrella
layers of liability above the first umbrella layer.
We understand policy structure technicalities of Commercial Umbrella
Liability Insurance policies. We also provide expertise regarding
Personal Umbrella Insurance claim disputes.
Commercial Umbrella Expert Witness Cases
More Recent engagements are listed only after our Insurance Expert Designation has been disclosed to opposing counsel.
June 2009 – Designated as Commercial Auto Insurance expert by counsel for policyholder. Case required expertise in Hired and Nonowned auto coverage, contractual liability, additional insureds and Commercial Umbrella policies. Pleadings involved issues of Agent Errors & Omissions and Insurance Bad Faith. Mick White Renovations v. Affordable Insurance Services, et al; Case No. K.S.A. Chapter 60, In District Court of Johnson County, Kansas. Attorney Charles Fairchild (816) 363-3800.
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.
September 2005 - Engaged to assist defense attorneys answering alleged Agent Errors & Omissions. A fireworks explosion and fire resulted in multiple fatalities and widespread property losses. Allegations involved coverage placement disputes for numerous lines of insurance: Commercial Auto, Workers Compensation, General Liability Insurance, Commercial Umbrella, and Property Insurance. Attorneys Brent Cooper and Joyce Ondich - Cooper & Scully, PC, (214) 712-9500. Joseph M. Lamb, Jr. d/b/a Pyrotechnics by Lamb v. Britton-Gallagher, et al; Civil Action No. 2-04CV-400, US District Court, Eastern District of Texas, Marshall Division.
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 |
