Engaged by carrier’s defense counsel to evaluate Notice of Cancellation issues for a Personal Auto policy. Petition included allegations of Insurance Bad Faith claims handling for claim denial after a policy cancelled for nonpayment. Attorneys Dawn Goeres and Tom Cooper, Pignato, Cooper, Kolker & Roberson, P.C. (405) 606-3333. Petro v. American Mercury, Case No. CJ-2016-33 In The District Court of Rogers County, Oklahoma.
Category: All Cases
February 27, 2017Don Hirsch
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
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
Engaged by defense counsel for managing general agent as their Workers Compensation and Insurance Bad Faith expert. Case involved allegations by a long haul trucker of Insurance Bad Faith and Agent Errors & Omissions resulting from a Workers Compensation carrier insolvency. Case required analysis of interplay between Commercial Auto and Workers Compensation insurance markets for truckers. Attorneys George Carr, Janik LLP (440) 740-3016 and Joe Nicholas, Mazanec, Raskin & Ryder (440) 287-8320. AIM v. Safe Fleet, et al; Case No. 4:14-cv-02161 United States District Court Northeastern District of Ohio, Eastern Division
March 12, 2016Don Hirsch
Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance rating for 23 lots deemed to be in FIRM Zone AE following FEMA flood zone map revisions. Claim included allegations by homebuilder of lost property values due to Inverse Condemnation based on FEMA’s revised Flood Insurance Rate Maps. Attorney Mike Shaunessy – McGinnis Lochridge & Kilgore, LLP (512) 495-6061. Woodlake v. Guadalupe County; Cause No. 11-1270-CV In The District Court Of Guadalupe County, Texas, 25th Judicial District.
December 3, 2015Don Hirsch
Engaged by agent’s defense counsel as their designated expert for Agents Errors & Omissions and Insurance Bad Faith. Case involved Property and Business Income Insurance written on a Surplus Lines basis. Dispute resulted from hailstorm claims adjusted on a Per Location/Per Occurrence Wind and Hail deductibles basis. Hipoint v. Pathfinder, et al, Case No. Case No.5: 13-cv-687-D In The United States District Court For The Western District of Oklahoma. Attorney Jim Secrest, Secrest Hill Butler & Secrest, PC (918) 494-5905
May 8, 2015admin
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to placement of a Broker-Dealer/Registered Investment Advisor(s) Professional Liability policy. Case involved evaluation of coverage afforded a named insured vs. additional insured, Surplus Lines, and Claims Made issues. Claims stemming from a Registered Investment Advisor’s fraudulent investment activities and subsequent conviction were denied by carrier which resulted in an Insurance Bad Faith claim against the agent. Onyx v. Indian Harbor, CalSurance, et al; Civil Action No. 3:13-CV-03426-P In The United States District Court For The Northern District of Texas, Dallas Division. Attorney Blake Bailey, Phelps Dunbar LLP, (817) 488-3134.
May 6, 2015admin
Engaged by CFO of oil and gas exploration company to analyze renewal issues for Directors & Officers and Employment Practices Liability insurance. Engagement focused on comparing coverage structure and scope of coverage grants found within policy forms of both Admitted and Surplus Lines carriers quoting renewal. Mike Herman, CFO, Newark E&P Operating, LLC, (817) 529-4510.
April 2, 2015admin
Engaged by defense counsel to analyze allegations of Agents Errors & Omissions for “failure to assess and update” and “underinsured” values on a Homeowners policy. The dispute resulted following a total loss during the 2011 Bastrop, TX fires. Case involved knowledge of agent standard of care relative to duty of inquiry. Attorney Brad Douglas (512) 807-2474, Naman Howell Smith & Lee, PLLC. Rizk v. Koehler-Barton Insurance Agency; Cause No. 28,787 In the District Court of Bastrop County, Texas, 335th Judicial District
June 2, 2014admin
Engaged by policyholder counsel to analyze issues of Insurance Bad Faith claims handling practices relative to Personal Injury Protection coverage under a Personal Auto policy. Attorney Thomas Friedberg, Law Offices of Friedberg & Bunge (619) 557-0101. Schoenfeld v. USAA, Case No. 37-2013-00045246-CU-IC-CTL, Superior Court of The State Of California In And For the County Of San Diego, Central Judicial District.
February 1, 2014admin