INSURANCE EXPERT WITNESS / INSURANCE CONSULTANT
Insurance Expert Witness Cases
More Recent engagements are listed only after our Insurance Expert Designation has been disclosed to opposing counsel.
June 2008 – Consulted as Property Insurance Expert for claims under Inland Marine, Boiler & Machinery and Business Income coverage. Case involved damage to a printing press during transport and upon arrival at a new location. Northeast Impressions, Inc., et al v. Camden Fire, et al; Superior Court of New Jersey, Passaic County Docket No. PAS-L-390-07. Tom Lloyd (973) 863-7612 Morgan Melhuish Abrutyn, Attorneys
December 2007 – Designated by plaintiff counsel as their Property Insurance Expert regarding a horse barn insured under a Farm & Ranch / Equine insurance program. Case involved aspects of Insurance Agents Errors and Omissions due to the barn being significantly underinsured after a total loss due to a tornado. 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
October 2007 - Retained by attorney for insured to consult as a Property Insurance Expert and assist with coverage / valuation issues following a total fire loss at General Machined Products Attorney Craig Crockett (817) 810-0400
September 2007 - Retained by plaintiff counsel to provide analysis involving Risk Manager duties and Insurance Agent (Broker) Error & Omission. Litigation focuses on "Construction Defect ('Contractors Rework – Rip & Tear')" coverage under an OCIP / Wrap Up . Claim issues involve Commercial General Liability and Commercial Umbrella Insurance. Roy Anderson Corporation v. Sawyer-Foster Insurance Company, et al; Circuit Court Harrison County Mississippi, First Judicial District, Case No. A2401-07-215. Attorneys Paul T. Benton and Tricia Beale (228) 432-0305
July 2007 - Designated as Property Insurance Expert by plaintiff counsel regarding coverage denial for Flood and Windstorm damage during Hurricane Katrina. Delta Land & Title v. State Farm Insurance Company; Civil Action 06-5374; Section L, Mag. 1; United States District Court for the Eastern District of Louisiana. Attorney Peter Koeppel (504) 598-1000
May 2007 - Retained as plaintiff counsel's Insurance Expert to provide analysis and opinions regarding Insurance Agent (Broker) Error s & Omissions and Insurance Bad Faith. Case issues involve placement of Medical Malpractice insurance and Agent Standard of Care to advise client of market conditions during insurance placement. Attorney Michael Hance, Franklin & Hance, PSC (502) 637-6000. Leslie Hill, M.D. v. SCW Agency Group, et al. Case No. 04-CI-07409 in the Jefferson Circuit Court, Division 10, Commonwealth of Kentucky.
April 2007 - Hired by defense counsel as Property Insurance Expert to provide analysis and testimony regarding allegations of Insurance Agent (Broker) Error & Omission and Insurance Bad Faith. Case required expertise in Business Interruption / Business Income Insurance, FEMA National Flood Insurance Program, and Excess & Surplus Lines Insurance. Litigation involved denial of windstorm claims due to Hurricanes Jeanne and Francis. 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 London Case No. 05CV2812-D/P in the United States District Court for the Western District of Tennessee Western Division.
February 2007 – Retained as plaintiff counsel’s Property Insurance Expert to provide opinions regarding Insurance Agent (Broker) Error s & Omissions. Litigation involves a total fire loss to under-insured building and personal property. Attorney Jeff Stewart - Seikaly & Stewart, Attorneys, (248) 7235120 . Bradley Minges d/b/a Trojan Cleaners, and Russell and Ada Minges, Plaintiffs v. The Regency Insurance Group, Inc.., John C. O’Brien, Henry R. Deering Agency, Inc., Citizens Insurance Company of America and Richard Smith, Defendants; Case No. 2006 611590 CK 6 611590 CK, State of Michigan Wayne County Circuit Court
February 2007 –Retained by defense counsel as their Commercial General Liability & Workers Compensation expert. Case involved allegations of Insurance Agent Errors & Omissions regarding a loss-sensitive composite rated insurance program, Letters of Credit, and claims handling by the carrier. Attorneys Leland de la Garza and David Tabor - Shackelford, Melton & McKinley, LLP (214) 780-1400 Lauren Engineers and Contractors, Inc. v. Hilb Rogal of Dallas, Scott Miles, and St. Paul Insurance , 104th District Court, Taylor County, TX, Cause # 23376-B
January 2007 – Retained by plaintiff counsel as a Property Insurance Expert regarding a house which sustained a total fire loss. The house was held in court ordered Receivership at the time of the fire and was not insured. Case issues include responsibilities of Receiver in regards to insurable interest and coverage placement. Attorney Greg Ostfeld, Greenberg Traurig, LLP Attorneys, (312) 456-5056 Greenberg Traurig, LLP. Le Petomane, Inc. v. J. Brian Hittinger in the US District Court for The Northern District of Indiana, No. 2:98-CV-00012
January 2007 - Engaged by counsel for plaintiff as their Property Insurance Expert to assist with carrier Bad Faith claims issues in regards to denial of a Flood Insurance claim. Case issues include Flood Zone determinations based on FEMA National Flood Insurance Program. Attorney John Gabroy - Gabroy Rollman & Bosse, PC (520) 320-1300. Eurofresh, Inc. v. The Travelers Indemnity Company; US District Court for The District of Arizona, Tucson Division, No. CIV 04-6 79 TUCRCC
November 2006 - Retained by counsel for plaintiff to provide opinions in response to carrier’s denial of liability coverage under a Personal Automobile Policy. Central to this litigation was the use of a Texas 515a Driver Exclusion Endorsement. Attorney Jim Essman - Shafer, Davis, O'Leary & Stoker Odessa, TX (432) 332-0893. Joe and Robert White v. State Farm Mutual Automobile Insurance Company; Cause #MO-06-108, United States District Court, Western District of Texas (Wanda Notgrass the Real Party in Interest).
November 2006 - Retained by plaintiff as their Property Insurance Expert to analyze issues regarding carrier denial of a Builders Risk claim. Analysis of litigation included plaintiff’s Additional Insured status, coverage form exclusions, and carrier bad faith. Attorney Michael Kennedy - Casey Ciklin Lubitz Martens & O’Connell West Palm Beach, FL (561) 832-5900. Suffolk Construction Co., Inc. v. Royal Indemnity Co., Brown & Brown, Inc., et al; Cause No. 502002CA012543, 15th Judicial District, Palm Beach County, Florida.
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
August 2006 - Engaged by defense counsel to analyze coverage and claims issues relative to Lloyds Ocean Marine Insurance Builders Risk policy. Attorney Clif Hall - Westmoreland Hall, PC (713) 871-9000. Smith-Enron Cogeneration, et al v. Certain 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 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 claims issues and Insurance Agent Errors & Omissions in regard to Excess Flood Insurance. Attorney Peter Koeppel - Best Koeppel Attorneys (504) 598-1000 Laurence E. 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. and Laurence E. 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 their Property Insurance Expert to advise regarding Insurance Agent Errors & Omissions alleging 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 involves claims reporting “custom and practice” under General Liability Insurance and Professional Liability Insurance policies issued by carrier. Attorney Carol Keough - Coats Rose Yale Ryman Lee (713) 653-7372; REO Engineers & Surveyors, Limited vs. Zurich American Insurance Co., RN Jones Agency, Inc. & Sidney Brown Cause No. C-1739-01-CA (Severed cause).
January 2006 - Engaged by counsel for Louisiana bank to analyze Crime Insurance coverage and claim issues following employee theft loss. Attorney Jim Colvin - Colvin Weaver & Cerniglia, LLC (318) 927-6149; First Guaranty Bank v. Bancinsure
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 (Broker) Errors & Omissions relative to Article 21.21 Section 4(11). Attorney Conrad Bodden - Cowen & Bodden Law Offices (956) 541-4981. John Ford 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 by plaintiff counsel to assist in establishing Texas bad faith claims practices by plaintiff’s insurance carrier. Attorney Andy Lydick - Law Offices of Andy Lydick (214) 739-1355; Cause # 04:05-cv-00046 Jeri James vs. Allstate Insurance Company, United States District Court Eastern District of Texas Sherman Division.
September 2005 - Engaged to assist defense attorneys in responding to alleged Insurance Agent (Broker) Errors & Omissions after an explosion and ensuing fire resulted in multiple fatalities and widespread property losses. Allegations involved coverage placement disputes for numerous lines of insurance, including Commercial Auto Insurance, 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 and Associates & Eric S. Treend; Civil Action No. 2-04CV-400, US District Court, Eastern District of Texas, Marshall Division.
July 2005 - Retained by Orix Capital Markets as their Property Insurance Expert. Litigation involves mortgage document(s) insurance language requiring borrower(s) to maintain Terrorism Insurance for mortgaged properties post 9-11-01. Attorney Talmage Boston - Winstead Sechrest & Minick, PC (214) 745-5462; Orix in-house Attorney Amy Howell (214) 237-2000. ECF North Ridge Associates, L.P. vs. ORIX Capital Markets, LLC; Cause No. 04-7956-G, 134th Judicial District Court Dallas County, Texas.
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 placement of Workers Compensation, Products Liability Insurance, Commercial Umbrella, and Property Insurance. Attorney - Craig Albert of Godwin Gruber Attorneys (214) 207-6901. Aurora Equipment Co. d/b/a Equipto vs. Arthur J. Gallagher & Co.; Cause No. 04-07955-E; 101st Judicial District Court of Dallas County, TX
March 2005 - Retained by defense counsel for consultation regarding insurance placement “custom and practice”, market availability, coverage issues, and allegations of fraud. Case issues involved allegations of Insurance Agent Errors & Omissions during placement of PEO Workers Compensation Insurance program. Attorney Troy Glander - Davis, Cedillo & Mendoza, Inc. (210) 822-6666. Texas Citrus Exchange and Edinburg Citrus Association v. Brown & Brown, Inc., et al; Cause No.C-1420-02-E; in the 275th Judicial District, Hidalgo County, Texas.
June 2005 - Engaged to assist defense counsel for defendant Jack Scott regarding “insurance custom and practice” standards in response to allegations of Insurance Agent Errors & Omissions resulting from Certificate of Insurance procedures. Attorney Elaine Lenahan - Thompson, Coe, Cousins, and Irons, LLP, (214) 871-8200. P& W Quality Machine vs. Mid-Century Insurance Company and Jack Scott; Cause No. 04-00157, 101st Judicial District, Dallas County, TX.
March 2005 - Engaged by plaintiff counsel to research coverage availability regarding Inland Marine Insurance and Ocean Marine Insurance after extensive damage to machinery during transit. Parties involved included the machinery manufacturer, 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.
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. Carroll Ray Lewis and Jeanna Lewis v. The Williams Companies, Inc., et al; Cause No. 2003-29049; 334th District Court, Harris County, Texas.
August 2004 - Case involved General Liability Insurance coverage issues relative to defendant’s compliance with insurance requirements found in a software programming contract. Retained by defendant counsel Attorney Dan Bates - Decker, Jones, McMackin, McClane, Hall & Bates, P.C., Fort Worth, TX, (817) 336-2400. Bell Helicopter Textron, Inc. v. Global Technical Services, Inc., Cause # 17-215027-05, 17th District Court, Tarrant County, Texas.