Insurance Agent Errors And Omissions Expert
View Agent Errors and Omissions Insurance Cases below
Insurance agents and brokers are under constant scrutiny for their errors and omissions. What standard of care should clients reasonably expect from their agent or broker? What insurance customs & practices should apply to a given set of circumstances? Who said what? When? Where? How were insurance transactions documented?
Many agents provide competent advice and service thus rarely experience allegations of Errors and Omissions. We assist attorneys defending these agents who met a reasonable standard of care regardless of allegations. For example clients may decline coverages recommended by an agent yet file suit when claims are not covered.
Conversely some agents simply do not provide a reasonable standard of care. As both an agent & an expert we have seen numerous cases involving abject professional negligence and/or fraud resulting in dire consequences for a client. We can help you determine whether an agent or agency fell below reasonable professional standards regarding your case.
While most litigation in this area originates with commercial lines, Personal Auto, Homeowners and Umbrella account for perhaps 1 in 5 claims. Allegations of Insurance Agent Errors & Omissions generally originate from two sources
From Clients:
- Bad faith insurance dealings
- Failure to recommend needed coverage
- Failure to place requested coverage
- Failure to place coverage promptly
- Failure to increase/update coverage
- Failure to disclose/explain coverage limitations
- Verbal extension of nonexistent coverage
- Failure to advise of cancellation, non-renewal
- Failure to place coverage with a solvent carrier
|
From Companies:
- Failure to follow underwriting guidelines
- Exceeding agent’s binding authority
- Failure to revise or cancel coverage upon request
- Failure to disclose material underwriting information
- Failure to report claims promptly
|
A brief telephone discussion could help you determine if we are a potential expert match for your case.
Agent Errors And Omissions Expert Witness Cases
Cases are listed only after we are disclosed as an Insurance Expert to opposing counsel.
October 2009 – Engaged by defense counsel to opine on issues regarding Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith. Case involved insurance for Mexican truckers operating in the United States and/or Mexico. Defense counsel Elizabeth Christ, (210) 227-3243, Denton, Navarro, Rocha & Bernal, P.C.; Salazar v. Medina; Cause No. 09-02-24170-MCV, 293rd Judicial District Court of Maverick County, Texas.
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.
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.
April 2009 - Insurance expert witness designation pertaining to Business Auto claim denial for Uninsured/Underinsured Motorist coverage. Case required analysis of interplay between Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith and Workers Compensation. Elizondo v. American International Group, et al; Cause No. 07-62262-1, County Court at Law No. 1, Nueces County, Texas. Plaintiff counsel Doug Allison (361) 215-7802.
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
January 2009 – Retained by counsel for policy holder as their Homeowners Insurance expert following a multi-million dollar total fire loss. Case analysis included the areas of Builders Risk coverage and Agent Errors & Omissions. Cantor v. Farmers Insurance Case No. CV2008-053871 & CV2008-052618 Superior Court of Arizona, County of Maricopa. Attorneys Kevin Estevez & Bill Klain, Lang & Baker, PLC (480) 947-1911.
December 2008 - Designated by plaintiff counsel as their Personal Auto and Personal Umbrella expert . Case involved Agent Errors & Omissions regarding failure to place Personal Umbrella insurance. McCulloch v. Woods Insurance Agency, et al; Cause No. 2008-1550-1 in State Court, County of San Juan, NM. Attorney Greg Steinman, Madison, Harbour and Mroz, (505) 242-2177.
December 2008 - Designated by plaintiff counsel as their Personal Auto and Personal Umbrella expert . Case involved Agent Errors & Omissions regarding failure to place Personal Umbrella insurance. McCulloch v. Woods Insurance Agency, et al; Cause No. 2008-1550-1 in State Court, County of San Juan, NM. Attorney Greg Steinman, Madison, Harbour and Mroz, (505) 242-2177.
October 2008 - Expert designation regarding Personal Auto and agent failure to offer Personal Umbrella insurance. Case involved allegations of Agent Errors & Omissions & Insurance Bad Faith after an auto accident resulted in an uninsured multi-million dollar liability award. Currier v. Woodstock Insurance; Docket No. 587-9-07 Wrcv, Windsor Superior Court, SS., Windsor County, VT. Plaintiff counsel Skip Campbell, Krupnick Campbell Attorneys, (954) 712-8608
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.
December 2007 – Designated by plaintiff counsel as their Property Insurance Expert regarding a horse barn insured under a Farm & Ranch Owners insurance program. Case involved due to the barn being significantly underinsured after a tornado caused a total loss. Runyon v. Goetz Insurors, et al; Case No. CJ-2005-3716 in District Court for Oklahoma County, State of Oklahoma. Attorney Joe Carson 405-604-5581, Buxton | Carson, PLLC
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.
May 2007 - Retained as plaintiff counsel's Insurance expert to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith. Case issues involved placement of Claims Made Medical Malpractice insurance and Agent Standard of Care to advise when advising clients of Professional Liability market conditions. during insurance placement. Attorney Michael Hance, Franklin & Hance, PSC (502) 637-6000. Leslie Hill, M.D. v. SCW Agency, et al. Case No. 04-CI-07409 in Jefferson Circuit Court, Division 10, Commonwealth of Kentucky.
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.
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
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.
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.
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.
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).
October 2005 - Case issues involved misrepresentation of material policy terms contained in proposal for hailstorm coverage. Retained as Property Insurance Expert by plaintiff counsel to offer opinion on Insurance Agent Errors & Omissions relative to Article 21.21 Section 4(11). Attorney Conrad Bodden - Cowen & Bodden Law Offices (956) 541-4981. Cowen, et al v. Robert Wade Sales, et al., Cause NO.2004-08-3923 in the 357th Judicial District Court of Cameron County, TX.
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.
June 2005 - Engaged to assist defense counsel answering allegations of Agent Errors & Omissions resulting from Products Liability Certificate of Insurance procedures. Attorney Elaine Lenahan - Thompson, Coe, Cousins, and Irons, LLP, (214) 871-8200. P& W Quality Machine vs. Mid-Century Insurance; Cause No. 04-00157, 101st Judicial District, Dallas County, TX.
March 2005 - Defense counsel engagement regarding insurance placement “Standard of Care”, market conditions and allegations of fraud. Case issues included Insurance Agent Errors & Omissions during placement of a PEO Workers Compensation program. Attorney Troy Glander - Davis, Cedillo & Mendoza, Inc. (210) 822-6666. Texas Citrus Exchange, et al v. Brown & Brown, Inc., et al; Cause No.C-1420-02-E; in the 275th Judicial District, Hidalgo County, Texas.
August 2004 - Litigation involved General Liability Insurance third party over action and establishing “Non-employee” status of plaintiff under Texas Workers Compensation Insurance statutes. Engaged by plaintiff’s attorney Mike Henry - Jose, Henry, Brantley, MacLean & Alvarado, L.L.P., (817) 877- 3303. Lewis v. The Williams Companies, Inc., et al; Cause No. 2003-29049; 334th District Court, Harris County, Texas.
Return to Top
Burl Daniel, CPCU, CIC, CRM | 817.980.4897 | burldaniel@prodigy.net |
