Designated as an Arbitrator in a carrier dispute with its Managing General Agency / Third Party Administrator relative to a Personal Auto program. Case involved analysis of underwriting criteria, claims handling custom and practice and allegations of Insurance Agent Errors and Omissions. Attorney Dan Vana, Benjamin, Vana, Martinez & Biggs LLP (210) 881-0667. National Unity Insurance Company, Petitioner, v. Tejas Seguros, LLC, Respondent; Proceeding in Arbitration
Category: Agent Errors and Omissions
01
Mar2017
Engaged by plaintiff counsel as consulting expert to evaluate Agent Errors and Omissions issues relative to Uninsured Motorist bad faith claims handling. Dispute resulted from a motorcycle rider being seriously injured after agent’s failure to procure Personal Auto coverage. Fry v. Colorado Insurance Advisors, Progressive Insurance, et al; Case No. C2017CV30290, Larimer County District Court, State of Colorado, Division 4A. Attorney Phillip Chupik, Metier Law Firm LLC (970) 377-3800.
March 1, 2017Don Hirsch
24
Feb2017
Engaged by counsel defending insurance carrier against allegations of Bad Faith Claims Handling. Case involved a Motor Truck Cargo total fire loss of load being hauled, and subsequent claim denial by carrier. Two expert reports were required: carrier was initially Defendant (against policyholder allegations) and later Third Party Plaintiff (when it joined the insurance agency as a Third Party Defendant). Case required expertise with Inland Marine policy forms, Motor Truck Cargo coverage placement through a wholesale broker / Purchasing Group master policy and Agent Errors & Omissions regarding non-disclosure of terms & conditions to policyholder. Attorney John Kazen – Kazen, Meurer & Perez (956) 712-1600. Zebra Carriers v. Pennsylvania Manufacturers’ Association Insurance Company v. Solo Trucking Insurance Agency; Cause No. 2015-CVQ-003844-D2 In 111th Judicial District Court, Webb County, Texas.
February 24, 2017Don Hirsch
23
Feb2017
Engaged by counsel defending insurance carrier against allegations of Bad Faith Claims Handling. Case involved a trucker covered under a specified commodities Motor Truck Cargo policy. Litigation resulted from claim denial for a total fire loss of load based on commodities being hauled had not been declared on the application. Case required scrutiny of Agent Errors & Omissions issues relative to coverage placement under a Purchasing Group master policy, non-disclosure of terms & conditions to policyholder/applicant and expertise with Inland Marine / Motor Truck Cargo policy forms. Attorney Andy Kehagiaras, Roberts & Kehagiaras LLP (310) 642-9800. US Cheeta Trucking v. Valleys Best Insurance, et al, Case No. 34-2015-00184655-U-IC-GDS, Superior Court Of The State of California For The County of Sacramento.
February 23, 2017Don Hirsch
02
Feb2017
Engaged by policyholder counsel to analyze coverage under a Homeowners policy endorsed to insure a float home. Carrier’s claim denial for windstorm damage to the float home subsequently lead to litigation. Case required expertise with Agent Errors & Omissions relative to covered perils under Homeowners and Marine insurance policy forms. Eismann v. Farm Bureau, Case No. CV-2016-478 In First Judicial District Court Of The State of Idaho, County of Kootenai. Attorney April Linscott, Owens, McCrea & Linscott, PLLC (208) 762-0203.
February 2, 2017Don Hirsch
06
Jan2017
Engaged by defense counsel to address allegations of Managing General Agent E&O / Bad Faith involving placement of surplus lines. Litigation resulted following claim denial for a vehicle accident involving a city bus being driven by a temporary staff employee. Case involved Non-owned Autos coverage under Commercial Auto and/or as an endorsement to Commercial General Liability policies. Attorneys Heather Duplantis and Kevin Welsh, Phelps Dunbar LLP (225) 346-0285. Johnson v. City of Alexandria, Number 247,208 In 9th Judicial District Court For The Parish Of Rapides, Division “G”, State of Louisiana.
January 6, 2017Don Hirsch
24
Nov2016
Engaged by defense counsel to analyze allegations of Agent Errors & Omissions and Insurance Bad Faith involving placement of Surplus Lines Commercial General Liability. Case involved policy conditions that a general contractor be named as additional insured under subcontractors’ Commercial General Liability policies and maintain Certificates of Liability Insurance. General contractor was sued based on a subcontractors faulty work allegedly resulting in a fatality. Litigation ensued after carrier’s claim denial for failure to comply with policy terms and conditions. Attorney John Scott, Hardin, Kundla, McKeon & Poletto (973) 912-5222. Repoli v. LA Design and Construction, Lynoxx Group, et al / Coughlin v. Repoli, et al; Docket Nos. ESX-L-8325-14 and ESX-L-I011-15, Superior Court of New Jersey, Law Division: Essex County.
November 24, 2016Don Hirsch
11
Sep2016
Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance requirements for a loan closing. Dispute resulted from a flood loss when retail agent/carrier had failed to procure a standard NFIP flood insurance policy, triggering lender obligations under its forced-place flood insurance. Attorney Mike Cerulo – Baty, Holm, Numrich & Otto, PC (314) 863-6274. Wise v. HSBC; Case No. 4:15-cv-911 In United States District Court, Eastern District of Missouri Eastern Division.
September 11, 2016Don Hirsch
29
Jul2016
Retained by policyholder counsel as a Property Insurance Expert to analyze Agents Errors & Omissions and Insurance Bad Faith claims handling issues. Case required analysis of underwriting vs. subsequent denial of a theft claim based on occupancy levels less than vacancy clause requirements. Nayeb v. Travelers, et al; Cause No. 15-05862-442 In The 442nd Judicial District Court Denton County, Texas. Attorney Jeff Atkins, Fell Law Firm (972) 488-8177.
July 29, 2016Don Hirsch
13
Jul2016
Engaged by counsel for policyholder as their Agent Errors & Omissions and Insurance Bad Faith expert. Case involved analysis of Property and Inland Marine insurance placement issues relative to Livestock mortality for dairy cattle. Dispute arose after claim denial for widespread smothering loss of cattle during a blizzard event. Attorney Brent Hamilton, Brady & Hamilton, LLP (806) 771-1850. CBJ v. Davis; Case 2:16-cv-00109-J In The United States District Court For The Northern District Of Texas, Amarillo Division.
July 13, 2016Don Hirsch