Workers Compensation

View Workers Compensation Cases below

Workers Compensation is commonly a litigious line of insurance coverage. Workers Compensation  generates the largest premium volume by line of business in the Property Casualty insurance industry.

For the business owner, it can be expensive and tedious to administer. For attorneys, Workers Compensation  is a complicated area of litigation.

Over 32 years, we have dealt with most aspects of Workers Compensation. Our experience includes compiling underwriting data, negotiating with insurers, monitoring claims, and helping administer litigation in this line of coverage. We can assist you in bringing clarity to your Workers Compensation issues including:

Workers Compensation Expert Witness Cases

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

October 2009 – Retained by counsel for physician seeking claim payment under his Professional Liability policy.   Case required expertise in Claims Made medical malpractice Professional Liability Insurance, Workers Compensation and Insurance Bad Faith.  Lowe vs. TMLT, Cause No. 348-223452-07; 348th Judicial District Court of Tarrant County, Texas.  Attorney Bill Kirkman - Bourland & Kirkman, LLP (817) 336-2800.

April 2009 - Insurance expert witness designation pertaining to Business Auto claim denial for Uninsured/Underinsured Motorist coverage.   Case required analysis of interplay between Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith and Workers Compensation.  Elizondo v. American International Group, et al; Cause No. 07-62262-1, County Court at Law No. 1, Nueces County, Texas.  Plaintiff counsel Doug Allison (361) 215-7802.

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 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.

March 2005 - Defense counsel engagement regarding insurance placement “Standard of Care”, market conditions and allegations of fraud. Case issues included Insurance Agent Errors & Omissions during placement of a PEO Workers Compensation program. Attorney Troy Glander - Davis, Cedillo & Mendoza, Inc. (210) 822-6666. Texas Citrus Exchange, et al v. Brown & Brown, Inc., et al; Cause No.C-1420-02-E; in the 275th Judicial District, Hidalgo 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

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. Lewis v. The Williams Companies, Inc., et al; Cause No. 2003-29049; 334th District Court, Harris County, Texas.

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Burl Daniel, CPCU, CIC, CRM     |     817.980.4897    |    burldaniel@prodigy.net