Homeowners Insurance Expert

Market Trends

Homeowners coverage offered by carriers has become more restricted in recent years.  Traditionally, homeowners’ policies provided broad coverage for physical damage to homes, including loss from fire, windstorm, theft, and water claims plus broad coverage for comprehensive personal liability.  However, carriers have become more discriminating in selecting policyholders, and coverage tends to be less comprehensive.  This trend stems partly from adverse loss experience with Florida hurricanes, Texas mold claims, wildfires in numerous states, and other multi-billion dollar natural disasters.

Homeowners Coverage Disputes

While homeowners’ policies may intend to provide fairly broad coverage, various policy terms and conditions still result in claim disputes between policyholders, agents, and carriers.  Among the common culprits:

• Actual replacement cost for the dwelling and/or contents may exceed policy limits.
• Coinsurance penalties applied to Underinsured dwellings.
• Exclusions poorly understood by policyholders (i.e. Flood, earthquake, and mold).
• Building codes may significantly increase rebuilding costs.
• Impaired coverage for fire and vandalism due to “Vacancy” of the dwelling.
• Home occupied by someone other than the owner (i.e. tenant, owner’s children, etc.).
• Adequacy of Additional Living Expense after a severe loss.
• Personal liability exclusions and/or inadequate limits.

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

Homeowners Insurance Expert Witness Cases

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

March 2010  -  Engaged by defense counsel as their Agent Errors & Omissions and Homeowners Insurance expert.  Case involved a fire loss to a vacant home in Dallas, TX due to grass fire started by neighbor.  Attorneys David Woodward and Stacy Hoffman (214) 220-5203, Cobb Martinez & Woodward.  Greene v. Farmers Insurance, et al; Cause No. 08-11723-G,  134th Judicial District Court, Dallas County , Texas.

February 2010 - Retained by defense counsel for insurance agency as Agent Errors & Omissions, Homeowners and Flood Insurance expert.  Case required expertise as to the effect revised FEMA flood zone maps have on available coverage.  Seale v. Lyons Insurance Agency, No.: 2007-6427, 14th Judicial District Court, Calcasieu Parish, Louisiana.  Attorney David Calogero, Davidson Meaux Attorneys, (337) 237-1660.

July 2009 – Case included Agent Errors & Omissions and Insurance Bad Faith allegations by the carrier seeking to recover claim payments for a total fire loss.  Engaged by counsel for MGA and carrier as their Property Insurance & Homeowners Insurance Expert.  Attorneys Jeanie Tate Goodwin & Jerry Kimmitt (713) 917-0888, Legge, Farrow, Kimmitt, McGrath Attorneys; TSG Insurance & Lloyds London v. Nickes Insurance, Cause No. 2008-76081, 189th Judicial District Court of Harris County, Texas.

December 2008 – Retained by counsel for policy holder as their Property Insurance Expert.   Case issues involved a multi-million dollar total fire loss to a home and entailed specific issues regarding Insurance Agent (Broker) Error & Omission, Homeowners and Builders Risk coverage.   Attorneys Bill Klain & Kevin Estevez (480) 947-1911, Lang & Baker, PLC. Cantor v. Farmers Insurance, et al Case No. CV2008-053871 & CV2008-052618 in Superior Court of the State of Arizona, County of Maricopa

May 2006 - Engaged by counsel for plaintiff to assist with Agent Errors & Omissions and Homeowners claims issues in regard to Excess Flood Insurance. Attorney Peter Koeppel - Best Koeppel Attorneys (504) 598-1000. Best v. Independent Insurance Associates, Inc., Civil District Court for the Parish of Orleans, State of Louisiana; No. 05-13441, Division “H”, Docket No. 12.; Best v. Independent Insurance Associates, Inc. and Employers Reinsurance Corporation; United States District Court, Eastern District of Louisiana; No. 06-1130, Section “C”, Magistrate 5.

April 2006 - Retained by plaintiff counsel as Homeowners Insurance Expert  to advise regarding Agent Errors & Omissions allegations for failure to replace Dwelling Fire Policy coverage, and claims procedures “customs and practice”. Attorney Guillermo Cronfel - The Cronfel Firm (512) 347-9600; Olga Palacios v. AIC-Sunbelt Group, Inc., et al, Cause No. 276966 in The County Court at Law No. Two (2) of Travis County, Texas..

September 2005 - Engaged by plaintiff counsel as their Homeowners Expert regarding Texas Bad Faith claims practices by plaintiff’s insurance carrier. Attorney Andy Lydick (214) 739-1355; Cause # 04:05-cv-00046 Jeri James vs. Allstate Insurance, United States District Court Eastern District of Texas Sherman Division.

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Burl Daniel, CPCU, CIC, CRM     |     817.980.4897    |     burl@burldaniel.com