Flood Insurance
View Flood Insurance Cases below
Mr. Daniel’s experience includes placing flood insurance as an agent and numerous expert witness engagements for flood cases. He has experience with the wide array of issues which complicate flood insurance litigation. A brief review of your case by telephone can help you determine if his particular expertise fits your case.
The National Flood Insurance Program is the largest insurance program in the world covering only one peril: flood. Excess Flood is now offered by standard insurance carriers to provide excess limits above those available through NFIP.
So insuring the single peril of flood should be simple, right? Well, not really. Complicating factors include:
- “Concurrent causation” arguments wind through state insurance departments and the courts.
- Excess Flood may include Business Income which is not available through NFIP. How do we deal with Business Income large deductibles normally funded by underlying NFIP policies?
- While federally backed mortgages require flood insurance on homes located in 100-year flood plains, some 30% of losses occur in areas with low flood risk.
- Flood devastation overwhelms emergency responders, including insurance adjusters.
- While computer mapping expedites flood zone determinations, 1970’s flood zone surveys are continually revised out of necessity.
- FEMA now contracts with over 100 insurance carriers to administer underwriting and process claims.
Flood Insurance Expert Witness Cases
Cases are listed only after we are disclosed as an Insurance Expert to opposing counsel.
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.
July 2007 - Designated as Business Income and Property Insurance Expert by plaintiff counsel regarding coverage denial for Flood and Windstorm, damages resulting from 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
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.
January 2007 - Engaged by counsel for plaintiff as an expert for Property, Flood, and Business Income Insurance and to assist with carrier Bad Faith claims issues. This case involved Flood Zone determinations and prior Flood claim payments. Attorney John Gabroy - Gabroy Rollman & Bosse, PC (520) 320-1300. Eurofresh v. Travelers Indemnity Company; US District Court for The District of Arizona, Tucson Division, No. CIV 04-6 79 TUCRCC
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.
Return to Top
Burl Daniel, CPCU, CIC, CRM | 817.980.4897 | burldaniel@prodigy.net |
