Engaged by policyholder counsel as an insurance expert witness to analyze Agents Errors & Omissions issues pursuant to an agent’s calculations of replacement cost for a high value dwelling. The agent’s worksheets showed artificially low values for square footage and quality of the home’s features. When a fire destroyed the home during the 3rd policy year, agent’s deficient calculations left the dwelling insured for ~50% of actual replacement cost. Attorney Rick Lombardo, Shafer Lombardo Shurin (816) 931-0500. Tolefree v. Farm Bureau, Case No. 2021-CV-000391 In The District Court Of Douglas County, Kansas.
Category: All Cases
30
Mar2023
Retained by policyholder counsel as an insurance expert witness to review insurance industry renewal procedures when an agent failed to adequately disclose Business Income insurance being deleted on a renewal policy. Dispute arose following a major fire loss, when the agent finally informed the policyholder clearly that its Commercial Property policy provided only Extra Expense coverage leaving a multi-million dollars claim uncovered. Attorneys Halsey Knapp and Barclay Valloton, Krevolin & Horst, LLC (404) 888-9700. Buckhead v. McGriff Insurance Services, Civil Action File No. 22-GSBC-0004 In The Georgia State-Wide Business Court.
March 30, 2023David Deering
28
Feb2023
Retained by policyholder counsel as an insurance expert witness to review insurance industry standards of care for claims reporting under Claims-Made policy form relative to Agents Errors and Omissions. Despite clear indications of a pending claim from a flawed acid wash facial treatment, the agent neglected to notify the carrier and further had the insured falsify renewal application information. Attorneys Brady Rife and Paul Belcher, Stephenson Rife, LLP (317) 593-4648. Krambeck v. All Insurance Services, LLC, Cause No. 49D01-2007-PL024354 Indiana Commercial Court In The Marion County Superior Court.
February 28, 2023David Deering
30
Dec2022
Retained by policyholder counsel as an insurance expert witness to review insurance industry claims handling standards of care for Commercial Property and Business Income losses. Policyholder’s business was highly seasonal with most of the Business Income concentrated in the several months before the Christmas holidays. Dispute arose following a large theft claim at the start of policyholder’s high season, with carrier refusing to consider the policyholder’s seasonal concentration of earnings when calculating the amount of Business Income loss. Attorneys Greg Goodheart and Ed Schreiber (818) 992-4463. Shimony v. State Farm, Case No.: 21CHCV00085 In Superior Court Of The State Of California For The County of Los Angeles.
December 30, 2022David Deering
30
Nov2022
Engaged by defense counsel as an insurance expert witness to evaluate whether a ship repairer had complied with vendor contract insurance requirements for Commercial General Liability. Dispute arose when a harbor patrol officer capsized an upgraded boat during sea trials, injuring several of the ship repairer’s employees, who eventually sued the City of Norfolk. Attorneys John Buford and Sara Bugbee, Hancock, Daniel & Johnson, P.C. City of Norfolk Virginia v. Willard Marine, Case Nos. 2:17-cv-00109 and 2:17-cv-00110 In United States District Court For The Eastern District of Virginia.
November 30, 2022David Deering
30
Jun2022
Engaged by policyholder’s General Counsel to analyze and assist with claims-handling issues to settle a multi-million-dollar hail claim which the carrier refused to acknowledge exceeded the deductible. Engagement involved hiring additional roofing consultants and addressing carrier’s badly flawed analysis of the hail damage; claim eventually settled. Attorney Craig Crockett (817) 628-9998. TCRG v. Starr Surplus Lines Insurance Company.
June 30, 2022David Deering
30
Mar2022
Retained by insurance company defense counsel to examine Homeowners Insurance underwriting and claims handling in response to Insurance Bad Faith allegations against the carrier. The homeowner abandoned the dwelling after a fire, failed to protect the premises from further damage, and insisted the dwelling was a total loss. Carrier made several inspections and calculated the fire damage at far less than a total loss, leading to eventual litigation. Attorney Daena Ramsey, Shields Legal Group (972) 788-2040. Hooks/Davis v. Southern County Mutual, Cause No. CV21-14932 In The District Court 1st Judicial District Newton County, Texas.
March 30, 2022David Deering
30
Mar2022
Engaged by plaintiff counsel as a consulting expert to evaluate Personal Auto Policy coverage issues following a fatality traffic accident and carrier’s refusal to open a claim. Attorney Eric Edwardson, (409) 924-0845. Rogers v. Allstate, Civil Action No. 4:21-cv-03118 In United States District Court For The Southern District of Texas Houston Division.
March 30, 2022David Deering
28
Feb2022
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions relative to standards of care for placing Homeowners Insurance policies. Agent placed coverage with a ‘Cosmetic Roof Exclusion’ whereas prior carrier’s policy had no such exclusion for metal roofs. Policyholder suffered significant financial damage after denial of a hailstorm claim. Attorney Matt Montgomery, Hossley Embry, LLP. Permenter v. Assured Partners, Civil Action No. 3:31-cv-1325 In United States District Court for the Northern District of Texas Dallas Division.
February 28, 2022David Deering
08
Jan2022
Engaged by carrier counsel pursuing an Insurance Agent Errors & Omissions action for Bad Faith to recover claim payments made under a Workers Compensation policy underwritten based on agent’s material misrepresentations on the application. After a tree trimming worker was seriously injured it was discovered the agent had withheld critical underwriting information relative to eligible NCCI classifications and guidelines for the Workers Compensation program. Case required analysis of NCCI class codes and disparate answers provided on multiple Workers Compensation applications. Attorneys Brad Burns and Amanda Newman, Dickinson Wright, PLLC (602) 285-5000. FirstComp v. Ensign, Case No. CV2020-007001 In the Superior Court Of The State of Arizona In And For The County Of Maricopa.
January 8, 2022David Deering