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Burl Daniel Expert Witness
Burl Daniel, Expert Witness

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Product (Completed Operations) Liability Insurance

Product Liability Insurance provides coverage for claims arising after a product is sold.  The coverage is known as Completed Operations Liability Insurance for contractors and provides insurance for claims resulting after a construction project is completed.  Manufacturers are sued years after selling a product. Distributors are named as defendants simply because a product passed through their warehouse.  Contractors have been held liable decades after they have “Completed Operations “on construction projects.

Since claims arise over a long time frame properly structuring coverage is critical as each policy renews.  Coordinating policy terms of Commercial General Liability & Commercial Umbrella policies is crucial and particularly so when a Claims Made policy provides liability limits and tail coverage issues emerge.  Factors complicating this coverage include: 

  • Clients changing carriers
  • Different carriers are used for Primary limits & Umbrella
  • Coverage change from Occurrence to Claims Made
  • Market conditions expand or restrict coverage year to year
  • Claims may involve multiple carriers 
  • Documenting events which occurred years ago

Mr. Daniel’s experience with Product and Completed Operations Liability dates to the 1975.  His expertise was gained from representing a diverse group of Manufacturers, Distributors and Contractors, including:

  • Artisan Contractors
  • General Contractors
  • Automotive Parts Manufacturers
  • Aviation Parts Manufacturers
  • Plastics Manufacturers
  • Foam Board Manufacturers (EIFS)
  • Oilfield Parts Manufacturers
  • Oil Jobbers
  • Steel Fabricators
  • Retailers / Wholesalers
  • Pharmaceuticals
  • International - Importers & Exporters

While usually written with Commercial General Liability stand-alone policies are not uncommon.  We offer depth of knowledge whether your case involves an Occurrence or a Claims Made policy form (or both).  We offer decades of experience to assist you regarding Product & Completed Operations Liability Insurance.  Please call for a brief discussion regarding your case.

We welcome a call to discuss your specific case issues: 817.980.4897.

Product Liability Expert Witness Cases

Cases are listed only after we are disclosed as an Insurance Expert to opposing counsel.

April 2011 - Engaged by  counsel for third party seeking recovery for construction defect claims.  Case required coverage analysis of contractor’s Commercial General Liability in contrast to manufacturer’s Products Liability as well as Insurance Bad Faith in regards to carrier claims handling practices.  Mid-Continent Casualty v. Advantage Buildings, et al, Case No. 1016-CV21855, Circuit Court of Jackson County Missouri at Kansas City.  Attorney David Schatz, Husch Blackwell, LLP , (816) 329-4707

February 2011 – Engaged by policyholder’s counsel seeking coverage for construction defect claims. Case involved aspects of Agent Errors & Omissions and Insurance Bad Faith resulting from placement of Commercial General Liability and Products Liability Insurance coverage.  Central to the dispute were allegations against the agent of failure to disclose material facts.  Sanderson v. JDW Insurance, Cause No. 2009-3145, 120th Judicial District Court, El Paso County, Texas..  Attorney Jim Martinez, James A. Martinez, P.L.L.C. (317) 637-0700.

November 2010 – Retained as consultant to evaluate ongoing projects coverage continuity issues relative to termination of a rolling OCIP (Owner Controlled Insurance Program).  Consultation included forensic review of premium audit procedures for Commercial General Liability, Completed Operations, Commercial Umbrella, Inland Marine Builders Risk and Workers Compensation.  Policyholder Tarrant County College District; Attorney Burch Waldron, Law, Snakard & Gambill, P.C. (817) 878-6319.

August 2010 - Engaged by contractor's attorney to analyze contractual liability claim denial under Products Liability Insurance.  Case involves Agents Errors & Omissions, Surplus Lines, Commercial General Liability, and aspects of Insurance Bad Faith resulting from questionable Certificates of Insurance.  Cause No. 2009-65915; High Tech Plumbing v. Colony Insurance Company, et al. In the 127th Judicial District Court of Harris County, Texas.  Attorney Kelly Prather, Greenwood Prather Law Firm, (713) 333-3200.

May 2010 - Retained by counsel for policyholder seeking coverage under a 1973 ISO Comprehensive General Liability form.  Expert  affidavit addressed issues involving  Commercial General Liability and Products Liability Insurance coverage under Surplus Lines policies.  Case also involved Pollution Liability coverage and Reliance Insurance Company liquidation proceedings (No. 269 MD 2001 In The Commonwealth Court of Pennsylvania).  Reliance Insurance Co. v. Raybestos Products, United States District Court, Southern District of Indiana, Indianapolis Division, Cause No. IP 97-0027-C-Y/G.  Attorney Brett Nelson, Plews Shadley Racher & Braun LLP, (317) 637-0700.

March 2009 – Retained by hospital’s in house general counsel to provide analysis of CCIP for a large hospital addition. Engagement included assessment of how and what coverage would be extended to the owner under a CCIP (Contractor Controlled Insurance Program) in contrast to an OCIP (Owner Controlled Insurance Program). Client requested evaluation of issues involving Commercial General Liability, Completed Operations, Commercial Umbrella, Inland Marine Builders Risk (including “soft costs”) and Workers Compensation. Attorney John McNey, General Counsel, Cook Children's Medical Center , (682)-885-1330.

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.

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

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

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 - Retained by plaintiff to provide forensic insurance analysis of coverage and premiums. Case involved issues of agent negligence over multiple policy years in placing Workers Compensation, Products Liability Insurance, Commercial Umbrella, and Property Insurance. Attorney - Craig Albert of Godwin Gruber Attorneys (214) 207-6901. Aurora Equipment v. Arthur J. Gallagher & Co.; Cause No. 04-07955-E; 101st Judicial District Court of Dallas County, TX

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