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.
Category: Commercial Auto Liability
January 6, 2017Don Hirsch
Engaged by counsel defending a trucking company against allegations of improper insurance premium allocations charged to owner-operators. Case required market research relative to insurance coverages and premiums available to individual owner-operators vs. premiums allocated to owner-operators under a master truckers program. Engagement included analysis of owner-operator leases and customer Master Service Agreements insurance requirements for Commercial Auto, Commercial General Liability, Pollution Liability, Commercial Umbrella and Motor Truck Cargo. Attorneys Ed Chociey and Ron Leibman, Riker Danzig Scherer Hyland & Perretti LLP (973) 538-0800. Gassoway v. Benchmark; Case No.4: 15-cv-00488 In United States District Court, Southern District of Texas
April 12, 2016Don 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 policyholder counsel as their Commercial Auto, Agent Errors & Omissions and Insurance Bad Faith expert. Case involved a large deductible Garage Liability policy and renewal changes to “Who is an Insured”. Dispute resulted from higher limits of liability being extended to customers than those provided under prior policies. Group 1 Automotive v. Arthur J. Gallagher Risk Management Services, Inc.; Civil Action No. 1:14cv334HSO-JCG In The United States District Court Southern District of Mississippi Southern Division. Attorneys Fred Feeney and Nathan Burrow, Franke & Salloum, PLLC (228) 868-7070
August 22, 2015admin
Engaged by plaintiff counsel pursuing allegations of Bad Faith claims handling under Commercial Auto (Garage Liability) coverage. Case resulted from disputed valuation of physical damage to a heavy truck. Attorney Graham Martin, Martin Law Offices (606) 349-6171. Little v. Martin’s Peterbilt and United Financial Insurance Co.; Case No. 12-CI-262, Commonwealth of Kentucky, Laurel Circuit Court, Division II.
August 23, 2014admin
Engaged by plaintiff counsel to evaluate coverage under Farm & Ranch, Personal Auto, Commercial Auto (Garage Liability) and Commercial Umbrella policies. Dispute resulted from an off-road vehicle fatality with issues of “Who is an Insured” under Personal Auto and Farm & Ranch policies, and whether garage repairs contributed to the accident. Chambers v. Harris, et al; Case No. C201400035 In The District Court Johnson County, Texas, 413th Judicial District. Attorney Dwain Dent, The Dent Law Firm (817) 332-2889.
May 23, 2014admin
Engaged by policyholder counsel to evaluate the contrast between Personal Auto and Commercial Auto policy language. Case required analysis of “who is an insured” wording and coverage for Hired and Nonowned Autos under a Business-owners Policy. Attorney Don Murphy, Murphy & Pressentin LLC, (866) 230-2282. Stone v. Supertino; Case No. S-1500-CV-278310 LHB, Superior Court of the State of California, For the County of Kern
August 1, 2013admin
Engaged by plaintiff counsel to evaluate Non-owned Autos coverage under Commercial Auto and Commercial Umbrella policies written as Surplus Lines. Case required analysis of Additional Insured status for subcontractors under contractual liability clauses in multi-layered oilfield services agreements. Rossi v. Pogue, et al; Cause No. 49524 In The District Court Hill County, Texas, 66TH Judicial District. Attorney Dwain Dent, The Dent Law Firm (817) 332-2889.
July 23, 2013admin
Engaged by policyholder’s outside counsel seeking Commercial General Liability coverage for a fatality claim caused by a tank explosion. Case required evaluation of Insurance Bad Faith and Agents Errors & Omissions “failure to procure” issues. Belken Oil, LLC v. Woodworth Insurance Agency; Attorney Scott Helmholz, Bailey & Glasser, LLP , (217) 528-1177.
January 1, 2013admin
Engaged by counsel defending allegations of Agent Errors & Omissions and Insurance Bad Faith. Case involved a Named Driver Exclusion and claim denial under a Commercial Auto policy and a Commercial Umbrella policy written as Surplus Lines. Diamond Pump & Transport, LLC v. Allied North American, et al; Cause No. A-126,966-A in the 70th District Court of Ector County, Texas. Defense counsel Kent Krabill, Lynn Tillotson Pinker and Cox, LLP (214) 981-3800.
July 1, 2012admin