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 Business
Income Insurance 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.
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 - 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.
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.
