Property Insurance Expert

Property insurance seems simple enough – pay the premiums; settle the claim after the fire; replace the damaged home or commercial building. In reality, however, this coverage can be one of the most complex areas in all of Property and Casualty insurance.

Proper Coverage Structure

Extensive knowledge of several types of policy forms is required to ensure proper structuring of coverage. Due to the wide variation in types and locations of buildings, contents, and Business Income exposures, a multitude of policy forms and endorsements exist to cover virtually any type of property. Expertise with all of these numerous forms - including Inland and Ocean Marine insurance – is necessary to structure coverage correctly. Business owners require customized property insurance for:

• Buildings and Business Personal Property
• Construction projects (Builders Risk, Inland Marine, Equipment Floaters)
• Cargo in transit over land or sea (Ocean and Inland Marine, import / export, offshore drilling rigs)
• Flood (Hurricanes Ike & Katrina)
• Business Income and Extra Expense (landlords, manufacturers, distributors, contractors)
• Computers, Electronic Equipment, Data restoration
• Ordinance and law (building owners)
• Selling price valuation on finished stock (manufacturers, distributors)
• Bailee for Property of Others (dry cleaners)
• Boiler & Machinery / Mechanical Breakdown (manufacturers, building owners, utility companies)

Inadequate Coverage Structure

Inadequate coverage can extinguish a business altogether in the event of an emergency. The same is true if coverage is not structured correctly. Flood losses are often so catastrophic that policyholders need years to rebuild – if they ever do. Fire and windstorm losses are equally devastating; most businesses with inadequate Business Income coverage never return to operation after these disasters.

Claim Disputes

Claim disputes between insureds and carriers can arise from a number of sources, including:

Homeowners, too, find themselves facing similar dilemmas:

Property Insurance Expert Witness Cases

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

December 2011  - Designated as a Property Insurance Expert by policyholder counsel to evaluate claims handling custom & practice.  The litigation resulted from Hurricane Rita windstorm damage to a hotel and subsequent claim investigation by carrier.   Engagement included review of Insurance Bad Faith issues on the part of a Surplus Lines carrier.  Cause No. 12,426; S.A. Hospitality v. Certain Underwriters at Lloyd's, In  the 1st Judicial District Court, Sabine County, Texas.  Attorney Chris Leavitt, The Buzbee Law Firm, (713) 223-5393.

April 2011 – Retained by policyholder counsel as their Property Insurance Expert to examine Agents Errors & Omissions and Insurance Bad Faith issues.   Assignment required expertise with coinsurance penalties applied to claims under a Surplus Lines policy written on a Functional Replacement Cost basis and allegations of failure to disclose material facts.  Oklahoma & Texas Panhandle Compress v. Aycock & Fowler Insurance Agency; Cause No. 2010-552,281; In The 72nd Judicial District, Lubbock County, Texas. Attorney Brad Parker, Parker McDonald, P.C., (817) 503-9200.

March 2011 – Engaged by defense counsel for carrier as their Property Insurance Expert.  Case required review of carrier’s claims handling practices relative to policyholder allegations of Insurance Bad Faith.  The dispute involved carrier claims investigation and claims settlement standards & practices following a total fire loss.  Majestic Flowers vs. State Auto Insurance, Cause No. 37309; In the 82nd Judicial District Court of Falls County, Texas. Attorney for carrier Charles B. Mitchell, Jr., Naman Howell Smith & Lee, PLLC , (817) 509-2025.

March 2011 – Designated as Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert to evaluate policy renewal and claims handling practices. The dispute involved windstorm claims from Hurricane Ike and aspects of failure to disclose Replacement Cost vs. Actual Cash Value. Woodforest Baptist Church v. Scottsdale Insurance Co., et al, No. 2009-37563 in District Court, 157th Judicial District of Harris County, Texas. Attorney for insured Mark Beausoleil, (936) 336-6275.

November 2010 – Engaged by counsel for policyholder as their Boiler & Machinery  and  Property Insurance Expert.  Case required analysis of  Insurance Bad Faith regarding carrier’s claims handling practices.  Case required detailed review of large Boiler & Machinery loss due to pressure vessel implosion at a Chlor alkali plant near Las Vegas, NV.  Olin Chlor Alkali Products v. Continental Casualty, et al, Case No. 2:10-cv-00625-GMN-RJJ in United States District Court for the District of Nevada.  Attorney for policyholder Lorie Masters, Jenner & Block LLP, (202) 639-6076

May 2010 - Engaged as a Property Insurance Expert by policyholder seeking coverage for Hurricane Ike builders risk claims. Case included allegations of Insurance Agent Error & Omission and carrier Insurance Bad Faith. Case required expertise with construction agreements relative to ordinance and law coverage, large Wind and Hail deductibles, and Business Income soft costs under Inland Marine builders risk policies. Attorney Windell Snow (316) 263-5959; Construction Services Bryant v. Cincinnati Insurance Company, Case No. 09 CV 3137 in the Eighteenth Judicial District Court, Sedgwick County, Kansas, Civil Department

May 2010 – Designated as policyholder’s expert for Property Insurance, Business Income, and Agent’s Errors & Omissions.  Case issues included building & contents valuations and Ordinance or Law coverage following a total fire loss in Metairie, LA.  Cardinale v. Goza, et al; Civil Action No. 09-4181 in United States District Court, Eastern District of Louisiana, Judge Section “N”, Magistrate 4.   Attorney Greg Dupuy, Dupuy & Dupuy Attorneys (504) 831-4833.

October 2009 – Designated by counsel for policyholder as their Flood Insurance and Property Insurance Expert. Case required analysis of excess flood Business Income, funding excess flood deductibles with NFIP policies, and the effect of ‘Other Insurance’ policy language.  Attorney Wendy O’Connor, Tallman, Hudders & Sorrentino, P.C., (484) 765-2274.  Pine Grove Manufactured Homes v. Indiana Lumbermens, et al; Civil Action No. 3:08-CV-1233, US District Court for the Middle District of Pennsylvania.

March 2009 – Engaged as Property Insurance Expert by a property owner following a fire loss.   Case required knowledge of coinsurance, Agents Errors & Omissions, Insurance Bad Faith and Business Interruption.  Fuller v. Ramey King and Northfield Insurance; Cause No. 352232972, 352nd Judicial District Court of Tarrant County, Texas.  Attorney Barry Hasten, Hasten & Hansen Attorneys, (817) 429-0956

July 2009 – Case included Agent Errors & Omissions and Insurance Bad Faith allegations by the carrier seeking to recover claim payments for a total fire loss.  Engaged by counsel for MGA and carrier as their Property Insurance & Homeowners Insurance Expert.  Attorneys Jeanie Tate Goodwin & Jerry Kimmitt (713) 917-0888, Legge, Farrow, Kimmitt, McGrath Attorneys; TSG Insurance & Lloyds London v. Nickes Insurance, Cause No. 2008-76081, 189th Judicial District Court of Harris County, Texas.

December 2008 - Designated by plaintiff counsel as their Property Insurance Expert regarding a total loss due to Hurricane Wilma.  Provided analysis pertaining to Agent Error & Omission.  Case issues involved Florida Windstorm insurance, Business Income and Surplus Lines Insurance placement.  Scott Katz & Beth Berry, Butler Pappas Attorneys , (813) 281-1900.    TCB Farms v. Oswald Trippe, et al; Case No. 07-1389-CA, Twentieth Judicial Circuit Court, Collier County, FL.

December 2008 – Retained by counsel for policy holder as their Property Insurance Expert.   Case issues involved a multi-million dollar total fire loss to a home and entailed specific issues regarding Insurance Agent (Broker) Error & Omission, Homeowners and Builders Risk coverage.   Attorneys Bill Klain & Kevin Estevez (480) 947-1911, Lang & Baker, PLC. Cantor v. Farmers Insurance, et al Case No. CV2008-053871 & CV2008-052618 in Superior Court of the State of Arizona, County of Maricopa

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.

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 Owners insurance program. Case involved  due to the barn being significantly underinsured after a tornado caused a total loss. 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 as a claim consultant regarding  Property Insurance following a total fire loss at General Machined Products.  Engagement included analysis of Business Income Insurance.  Attorney Craig Crockett, The Crockett Firm PC (817) 810-0400; Adjuster Hobe Bauer - Sentry Insurance , (704) 872-4774.

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.

February 2007 –Plaintiff engagement as their expert  for Property Insurance, Agent Errors & Omissions & Business Income. Litigation involved a total fire loss to underinsured building and Business Personal Property. Attorney Jeff Stewart - Seikaly & Stewart, Attorneys, (248) 723-5120. Trojan Cleaners, et al v. The Regency Insurance Group, et al; Case No. 2006 611590 CK 6 611590 CK, State of Michigan Wayne County Circuit Court.

January 2007 – Retained by counsel for Successor Federal Receiver as their Property  and Homeowners Insurance expert regarding a total fire loss to an uninsured vacant house. Case issues included responsibilities of Receiver in regards to insurable interest. Attorney Greg Ostfeld, Greenberg Traurig, LLP Attorneys, (312) 476-5056 Greenberg Traurig, LLP. Le Petomanev. J. Brian Hittinger, US District Court for The Northern District of Indiana, No. 2:98-CV-00012

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

November 2006 - Retained by plaintiff as consulting Property Insurance Expert to analyze issues surrounding claim denial under an Inland Marine Builders Risk policy. Case issues included Additional Insured endorsements, policy exclusions, Agent Errors & Omissions, and carrier Bad Faith. Attorney Michael Kennedy - Casey Ciklin Lubitz Martens & O’Connell West Palm Beach, FL (561) 832-5900. Suffolk Construction v. Royal Indemnity Co., Brown & Brown, Inc., et al; Cause No. 502002CA012543, 15th Judicial District, Palm Beach County, Florida.

April 2006 - Retained by plaintiff counsel as Homeowners Insurance Expert  to advise regarding Agent Errors & Omissions allegations for 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.

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 Errors & Omissions relative to Article 21.21 Section 4(11). Attorney Conrad Bodden - Cowen & Bodden Law Offices (956) 541-4981. 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 as their Homeowners Expert regarding Texas Bad Faith claims practices by plaintiff’s insurance carrier. Attorney Andy Lydick (214) 739-1355; Cause # 04:05-cv-00046 Jeri James vs. Allstate Insurance, United States District Court Eastern District of Texas Sherman Division.

September 2005 - Engaged to assist defense attorneys answering alleged Agent Errors & Omissions. A fireworks explosion and fire resulted in multiple fatalities and widespread property losses. Allegations involved coverage placement disputes for numerous lines of insurance: Commercial Auto, 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, et al; 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; Attorney Amy Howell (214) 237-2000. ECF North Ridge v. ORIX Capital Markets; 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 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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Burl Daniel, CPCU, CIC, CRM     |     817.980.4897    |     burl@burldaniel.com