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.
Category: Flood Insurance
September 11, 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 defense counsel for Surplus Lines broker as their Agent Errors & Omissions and Insurance Bad Faith expert. Case required analysis of Property, Flood Insurance and Business Income claims issues relative to Statements of Value, Margin Clauses and Scheduled vs. Blanket policies. Litigation resulted from disputed values during flood claim settlement. Attorneys David Clark and Jack Urquhart, Beirne, Maynard, & Parsons, LLP (713) 623-0887. Menard v. Wells Fargo and Swett & Crawford; Civil Action No. 10-cv-7592, State of Wisconsin Circuit Court Milwaukee County.
October 1, 2013admin
Engaged by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Case required analysis of Insurance Bad Faith allegations resulting from claim denial for Flood Zone A locations. Claim included loss of Property and Business Income under an Inland Marine policy form. Attorney Tom Cooper, Pignato, Cooper, Kolker, & Roberson, P.C. (405) 606-3333. Coast to Coast Power Sports v. Robert Bates Agency, et al; Case No. CJ-2012-03555 In The District Court In And For Tulsa County, Oklahoma.
July 1, 2013admin
Engaged as Flood Insurance and Insurance Bad Faith expert by attorney filing a Class Action Complaint for a group of NFIP policyholders. Claims dispute arose over inconsistencies between declarations pages and NFIP Dwelling policy definitions of “Basements” and “Elevated Buildings.” Grigsby, et al v. Fidelity National Property and Casualty Insurance Company; Civil Action No. 4:11-cv-03800, In the United States District Court, Southern District of Texas, Houston Division. Attorney John Grazier, (281) 335-7466.
June 1, 2011admin
Engaged by counsel for insured as their Flood Insurance and Agent Errors & Omissions expert. Case revolved around agent’s faulty flood zone determination and resultant claim penalties after a car wash suffered severe flood damage. Attorney Charles Japhet (210) 554-5278. Hometex Corporation v. McMullan Insurance Agency, Inc., et al; Cause No. BA-CV-05-00012 in The 216th Judicial District Court, Bandera County, Texas.
November 1, 2010admin
Designated by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Litigation involved Hurricane Ike flood claim disputes. Pleadings included allegations against the agent of Insurance Bad Faith and failure to procure Business Income. Attorney Brendan Cook, Baker & McKenzie, (713) 427-5000. South Coast Cement v. Willis of Texas, et al; Cause No. 60,687 in County Court at Law Number 1, Galveston County, Texas.
May 1, 2010admin
Retained by defense counsel for insurance agency as Agent Errors & Omissions, Homeowners and Flood Insurance expert. Case required expertise as to the effect revised FEMA flood zone maps have on available coverage. Seale v. Lyons Insurance Agency, No.: 2007-6427, 14th Judicial District Court, Calcasieu Parish, Louisiana. Attorney David Calogero, Davidson Meaux Attorneys, (337) 237-1660.
February 1, 2010admin
Designated by policyholder counsel as their Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert. Engagement required expertise with blanket insurance, coinsurance vs. Agreed Value, Business Income, Wet Marine Insurance, and Surplus Lines custom & practice. Claim dispute followed after multi-million dollar flood damage to the largest marina on Lake Texoma. Lake Texoma Highport, LLC v. Lloyd’s of London, et al; Civil Action No. 4:08cv285; In The United States District Court For The Eastern District Of Texas, Sherman Division. Attorney Bart Higgins – Shields, Britton, Frazier (972) 788-2040.
February 1, 2010admin
Designated by plaintiff counsel as Property Insurance, Flood Insurance and Agent’s Errors & Omissions expert. Case involved DIC, inaccurate NFIP Flood Zones, and flood coverage omitted from property insurance policy schedules. Cummins Northwest v. PLW, INC., et al, No. CV-09-334-HA; US District Court for the District of Oregon. Attorney David M. Brenner, (206) 389-1773, Riddell Williams, P.S.
November 1, 2009admin