Personal Auto Insurance Expert
View Personal Auto Cases below
The Personal Auto Policy (PAP) provides much broader coverage than its Commercial Auto counterpart, the Business Auto Coverage Form. Business Auto forms are much more restrictive requiring multiple customized endorsements to even resemble coverage built in to the PAP.
Typical PAP coverage forms extend coverage to a broad group under the definition of “who is an insured.” PAP Uninsured Motorist coverage is provided to a large group of persons under a wide variety of claim circumstances. An important consideration when an estimated 1 in 4 drivers nationwide are Uninsured Motorists with NO liability insurance. Coverage for the use of borrowed, hired and nonowned vehicles is expansive under the PAP.
While providing more liberal coverage terms than Commercial Auto policy forms, the PAP is not without its problem areas. Items having the potential to create disputes among insureds, agents and carriers include:
- Does Named insured match the vehicle title?
- Does the insured have adequate liability limits, including a Personal Umbrella policy?
- Failure to adequately explain coverage limitations to the insured.
- Clerical error adding or deleting vehicles when requested by the customer.
- Insured or agent fails to disclose material information.
- Prompt reporting of claims.
- Named Driver exclusions (i.e. PP N 003 05 04)
- Non-standard Surplus Lines policies.
If your case includes the need for a Personal Auto Insurance Expert, we welcome your inquiry at (817) 980-4897.
Personal Auto Insurance Expert Witness Cases
More Recent engagements are listed only after our Insurance Expert Designation has been disclosed to opposing counsel.
June 2010 – Engaged by policyholder’s counsel to provide analysis and testimony regarding Personal Auto and Agent Standard of Care. Case included failure to procure insurance issues. Garza v. U.S. Auto Insurance Services, Inc., et al; Cause No. 2007-CI-00169; Bexar County, TX. Counsel for plaintiff, Richard Silvas, The Silvas Law firm, San Antonio, TX (210)680-2800.
February 2010 - Engaged by policyholder counsel to provide analysis and testimony regarding Commercial Auto and Agent Standard of Care in structuring Uninsured/Underinsured Motorist coverage. Case also included technical coverage issues involving Personal Auto. Creative Young Minds, et al v. Hibbs Hallmark; Cause No. 048-23087-09 in 48th Judicial District Court, Tarrant County, Texas. Attorney Greg Clift, Clouse Dunn Khoshbin LLP (214) 220-3888.
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
November 2006 - Retained as Personal Auto & Insurance Bad Faith Expert by counsel for plaintiff. Stowers doctrine was applied after improper denial of an auto liability claim. Central to this litigation was a question of fact regarding a Texas 515a Driver Exclusion Endorsement. Attorney Jim Essman - Shafer, Davis, O'Leary & Stoker Odessa, TX (432) 332-0893. White v. State Farm; Cause #MO-06-108, United States District Court, Western District of Texas.
Burl Daniel, CPCU, CIC, CRM | 817.980.4897 |
burl@burldaniel.com
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