Insurance Bad Faith Expert

View Insurance Bad Faith Cases below

The majority of our expert witness Cases involve some aspect of insurance bad faith.  Whether you represent defendants or plaintiffs regarding bad faith allegations we offer decades of experience with Insurance Customs & Practices.  We are frequently retained to analyze whether carriers or agents met reasonable Professional Standards of Care regarding the case at hand. 

Allegations of insurance bad faith dealings are usually based on the statutes of each state.  In order to prove allegations of bad faith, various state laws usually reference:

• Breach of Contract
• Misrepresentation of policy or Insurer
• Misrepresentation of / Failure to state a Material Fact
• False statements / False advertising
• Failure to promptly settle claims
• Unfair / Deceptive trade practices

Over three decades insurance experience Mr. Daniel has seen acts of bad faith committed by agents, carriers and insureds. He has seen cases where bad faith actions were clearly evident and other case with bad faith allegations having no basis of truth.  A phone call to discuss your case should help you determine if we might be an expert match for your case.

Insurance Bad Faith Expert Witness Cases

Cases are listed only after we are disclosed as an Insurance Expert to opposing counsel.

December 2009 - Engaged by policyholder’s counsel to analyze claim issues following a cruise boat sinking.  Case included issues of seaworthiness and Insurance Bad Faith in regards to settlement of a Commercial Ocean Marine claim.  Attorney Jim Ross, Jim Ross & Associates, P.C. (817) 275-4100; Admiralty Inland Cruises v. Indemnity Insurance / ACE USA, et al; No.4-08CV-746-A United States District Court for the Northern District of Texas, Fort Worth Division.

October 2009 – Engaged by defense counsel to opine on issues regarding Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith.  Case involved insurance for Mexican truckers operating in the United States and/or Mexico.  Defense counsel Elizabeth Christ, (210) 227-3243, Denton, Navarro, Rocha & Bernal, P.C.;  Salazar v. Medina; Cause No. 09-02-24170-MCV, 293rd Judicial District Court of Maverick County, Texas.

October 2009 – Retained by counsel for physician seeking claim payment under his Professional Liability policy.   Case required expertise in Claims Made medical malpractice Professional Liability Insurance, Workers Compensation and Insurance Bad Faith.  Lowe vs. TMLT, Cause No. 348-223452-07; 348th Judicial District Court of Tarrant County, Texas.  Attorney Bill Kirkman - Bourland & Kirkman, LLP (817) 336-2800.

July 2009 – Case included Agent Errors & Omissions and Insurance Bad Faith allegations by the carrier seeking to recover claim payments for a total fire loss.  Engaged by counsel for MGA and carrier as their Property Insurance & Homeowners Insurance Expert.  Attorneys Jeanie Tate Goodwin & Jerry Kimmitt (713) 917-0888, Legge, Farrow, Kimmitt, McGrath Attorneys; TSG Insurance & Lloyds London v. Nickes Insurance, Cause No. 2008-76081, 189th Judicial District Court of Harris County, Texas.

June 2009 – Designated as Commercial Auto Insurance expert by counsel for policyholder.  Case required expertise in Hired and Nonowned auto coverage, contractual liability, additional insureds and Commercial Umbrella policies.  Pleadings involved issues of Agent Errors & Omissions and Insurance Bad Faith.  Mick White Renovations v. Affordable Insurance Services, et al; Case No. K.S.A. Chapter 60, In District Court of Johnson County, Kansas.  Attorney Charles Fairchild (816) 363-3800.

May 2009 – Retained as a Professional Liability Expert to analyze issues of Insurance Bad Faith and Claims Made policies for Real Estate Brokers & Agents professional liability.  Haynes v. Griffin, et al Cause No. 08-13312-G, 134th State District Court of Dallas County, TX.  Plaintiff counsel Nathan Ziegler, (806) 765-8801.

March 2009 – Engaged as Property Insurance Expert by a property owner following a fire loss.   Case required knowledge of coinsurance, Agents Errors & Omissions, Insurance Bad Faith and Business Interruption.  Fuller v. Ramey King and Northfield Insurance; Cause No. 352232972, 352nd Judicial District Court of Tarrant County, Texas.  Attorney Barry Hasten, Hasten & Hansen Attorneys, (817) 429-0956

January 2009 – Designated by plaintiff counsel as their Agent Errors & Omissions expert to analyze Homeowners Insurance claims issues after a multi-million dollar total loss to a home in Phoenix, AZCantor v. Farmers Insurance Case No. CV2008-053871 & CV2008-052618 Superior Court of Arizona, County of Maricopa.  Attorneys Kevin Estevez & Bill Klain,  Lang & Baker, PLC (480) 947-1911.

April 2009 - Insurance expert witness designation pertaining to Business Auto claim denial for Uninsured/Underinsured Motorist coverage.   Case required analysis of interplay between Commercial Auto, Agent Errors & Omissions, Insurance Bad Faith and Workers Compensation.  Elizondo v. American International Group, et al; Cause No. 07-62262-1, County Court at Law No. 1, Nueces County, Texas.  Plaintiff counsel Doug Allison (361) 215-7802.

December 2008 - Designated by plaintiff counsel as their Property Insurance Expert regarding a total loss due to Hurricane Wilma.  Provided analysis pertaining to Agent Error & Omission.  Case issues involved Florida Windstorm insurance, Business Income and Surplus Lines Insurance placement.  Scott Katz & Beth Berry, Butler Pappas Attorneys , (813) 281-1900.    TCB Farms v. Oswald Trippe, et al; Case No. 07-1389-CA, Twentieth Judicial Circuit Court, Collier County, FL.

October 2008 - Expert designation regarding Personal Auto and agent failure to offer Personal Umbrella insurance.  Case involved allegations of Agent Errors & Omissions & Insurance Bad Faith after an auto accident resulted in an uninsured multi-million dollar liability award.  Currier v. Woodstock Insurance; Docket No. 587-9-07 Wrcv, Windsor Superior Court, SS., Windsor County, VT.  Plaintiff counsel Skip Campbell, Krupnick Campbell Attorneys, (954) 712-8608

August 2008 –Designated by plaintiff counsel as a Flood Insurance and Property Insurance Expert.  Flood claim was denied after Tropical Storm Allison flooded a large apartment complex in Houston, TX. Provided coverage analysis for Agent Error & Omission, Business Income and Surplus Lines Insurance coverage issues.  Meg Las Villas v. United States Fire; Cause No. 2007-54444, Harris County, TX.  Attorney Paul Allred, (214) 528-9560, Sullivan & Holston.

June 2008 – Consulted as Property Insurance Expert for claims under Inland Marine, Boiler & Machinery and Business Income coverage. Case involved damage to a printing press during transport and upon arrival at a new location. Northeast Impressions, Inc., et al v. Camden Fire, et al; Superior Court of New Jersey, Passaic County Docket No. PAS-L-390-07. Tom Lloyd (973) 863-7612 Morgan Melhuish Abrutyn, Attorneys

December 2007 – Designated by plaintiff counsel as their Property Insurance Expert regarding a horse barn insured under a Farm & Ranch Owners insurance program. Case involved  due to the barn being significantly underinsured after a tornado caused a total loss. Runyon v. Goetz Insurors, et al; Case No. CJ-2005-3716 in District Court for Oklahoma County, State of Oklahoma. Attorney Joe Carson 405-604-5581, Buxton | Carson, PLLC

July 2007 - Designated as Business Income and Property Insurance Expert by plaintiff counsel regarding coverage denial for Flood and Windstorm, damages resulting from Hurricane Katrina.  Delta Land & Title v. State Farm Insurance Company; Civil Action 06-5374; Section L, Mag. 1; United States District Court for the Eastern District of Louisiana.  Attorney Peter Koeppel (504) 598-1000

May 2007 - Retained as plaintiff counsel's Insurance expert to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith.  Case issues involved placement of Claims Made Medical Malpractice insurance and Agent Standard of Care to advise when advising clients of Professional Liability market conditions. during insurance placement.  Attorney Michael Hance, Franklin & Hance, PSC (502) 637-6000.  Leslie Hill, M.D. v. SCW Agency, et al.  Case No. 04-CI-07409 in Jefferson Circuit Court, Division 10, Commonwealth of Kentucky.

April 2007 - Selected by defense counsel as their Property Insurance Expert to provide analysis and testimony regarding and Insurance Bad Faith. Case required expertise in Business Income, Flood Insurance, Surplus Lines & Ocean Marine Insurance. Litigation resulted after damage due to Hurricanes Jeanne and Francis and subsequent claim denials. Attorneys Larry Montgomery & Lee Chase, Glankler Brown, PLLC ( 901) 525-1322 . Dyer Investment Company, LLC, et al v. Marsh & McLennan Companies, Inc. et al, and Certain Underwriters at Lloyd's, Case No. 05CV2812-D/P in the United States District Court for the Western District of Tennessee Western Division.

February 2007 –Plaintiff engagement as their expert  for Property Insurance, Agent Errors & Omissions & Business Income. Litigation involved a total fire loss to underinsured building and Business Personal Property. Attorney Jeff Stewart - Seikaly & Stewart, Attorneys, (248) 723-5120. Trojan Cleaners, et al v. The Regency Insurance Group, et al; Case No. 2006 611590 CK 6 611590 CK, State of Michigan Wayne County Circuit Court.

February 2007 – Defense counsel engagement regarding alleged Bad Faith placement of a loss sensitive insurance program and carrier’s claim reserve methodology.  Case required expertise in Commercial General Liability, Workers Compensation, Agent Errors & Omissions. Case involved Attorneys Leland de la Garza and David Tabor - Shackelford, Melton & McKinley, LLP   (214) 780-1400 Lauren Engineers and Contractors, Inc. v. Hilb Rogal, and St. Paul Insurance , 104th District Court, Taylor County, TX, Cause # 23376-B

January 2007 - Engaged by counsel for plaintiff as an expert for Property,  Flood, and Business Income Insurance and to assist with carrier Bad Faith claims issues. This case involved Flood Zone determinations and prior Flood claim payments.  Attorney John Gabroy - Gabroy Rollman & Bosse, PC (520) 320-1300. Eurofresh v. Travelers Indemnity Company; US District Court for The District of Arizona, Tucson Division, No. CIV 04-6 79 TUCRCC

November 2006 - Retained as Personal Auto & Insurance Bad Faith Expert by counsel for plaintiff.   Stowers doctrine was applied after improper denial of an auto liability claim. Central to this litigation was a question of fact regarding a Texas 515a Driver Exclusion Endorsement. Attorney Jim Essman - Shafer, Davis, O'Leary & Stoker Odessa, TX (432) 332-0893. White v. State Farm; Cause #MO-06-108, United States District Court, Western District of Texas.

November 2006 - Retained by plaintiff as consulting Property Insurance Expert to analyze issues surrounding claim denial under an Inland Marine Builders Risk policy. Case issues included Additional Insured endorsements, policy exclusions, Agent Errors & Omissions, and carrier Bad Faith. Attorney Michael Kennedy - Casey Ciklin Lubitz Martens & O’Connell West Palm Beach, FL (561) 832-5900. Suffolk Construction v. Royal Indemnity Co., Brown & Brown, Inc., et al; Cause No. 502002CA012543, 15th Judicial District, Palm Beach County, Florida.

August 2006 - Engaged by defense counsel to analyze claims issues relative to coverage for Boiler & Machinery losses under a Lloyds Ocean Marine Builders Risk policy. Attorney Clif Hall - Westmoreland Hall, PC (713) 871-9000. Smith-Enron et al v. Underwriters at Lloyds, et al; Cause No. A-175389, Jefferson County Texas 58th Judicial District.

May 2006 - Engaged by counsel for plaintiff to assist with Agent Errors & Omissions and Homeowners claims issues in regard to Excess Flood Insurance. Attorney Peter Koeppel - Best Koeppel Attorneys (504) 598-1000. Best v. Independent Insurance Associates, Inc., Civil District Court for the Parish of Orleans, State of Louisiana; No. 05-13441, Division “H”, Docket No. 12.; Best v. Independent Insurance Associates, Inc. and Employers Reinsurance Corporation; United States District Court, Eastern District of Louisiana; No. 06-1130, Section “C”, Magistrate 5.

April 2006 - Retained by plaintiff counsel as Homeowners Insurance Expert  to advise regarding Agent Errors & Omissions allegations for failure to replace Dwelling Fire Policy coverage, and claims procedures “customs and practice”. Attorney Guillermo Cronfel - The Cronfel Firm (512) 347-9600; Olga Palacios v. AIC-Sunbelt Group, Inc., et al, Cause No. 276966 in The County Court at Law No. Two (2) of Travis County, Texas.

February 2006 - Retained by defense counsel for insurance carrier. Case involved Agent Errors & Omissions as to timely reporting claims for General Liability Insurance and Professional Liability Insurance where both policies were issued by the same carrier. Attorney Carol Keough - Coats Rose Yale Ryman Lee (713) 653-7372; REO vs. Zurich American Insurance Co., RN Jones Agency, Inc. & Sidney Brown Cause No. C-1739-01-CA (Severed cause).

October 2005 - Case issues involved misrepresentation of material policy terms contained in proposal for hailstorm coverage. Retained as Property Insurance Expert by plaintiff counsel to offer opinion on Insurance Agent Errors & Omissions relative to Article 21.21 Section 4(11). Attorney Conrad Bodden - Cowen & Bodden Law Offices (956) 541-4981. Cowen, et al v. Robert Wade Sales, et al., Cause NO.2004-08-3923 in the 357th Judicial District Court of Cameron County, TX.

September 2005 - Engaged by plaintiff counsel as their Homeowners Expert regarding Texas Bad Faith claims practices by plaintiff’s insurance carrier. Attorney Andy Lydick (214) 739-1355; Cause # 04:05-cv-00046 Jeri James vs. Allstate Insurance, United States District Court Eastern District of Texas Sherman Division.

September 2005 - Engaged to assist defense attorneys answering alleged Agent Errors & Omissions. A fireworks explosion and fire resulted in multiple fatalities and widespread property losses. Allegations involved coverage placement disputes for numerous lines of insurance: Commercial Auto, Workers Compensation, General Liability Insurance, Commercial Umbrella, and Property Insurance. Attorneys Brent Cooper and Joyce Ondich - Cooper & Scully, PC, (214) 712-9500. Joseph M. Lamb, Jr. d/b/a Pyrotechnics by Lamb v. Britton-Gallagher, et al; Civil Action No. 2-04CV-400, US District Court, Eastern District of Texas, Marshall Division.

March 2005 - Retained by plaintiff to provide forensic insurance analysis of coverage and premiums. Case involved issues of agent negligence over multiple policy years in placing Workers Compensation, Products Liability Insurance, Commercial Umbrella, and Property Insurance. Attorney - Craig Albert of Godwin Gruber Attorneys (214) 207-6901. Aurora Equipment v. Arthur J. Gallagher & Co.; Cause No. 04-07955-E; 101st Judicial District Court of Dallas County, TX

March 2005 - Defense counsel engagement regarding insurance placement “Standard of Care”, market conditions and allegations of fraud. Case issues included Insurance Agent Errors & Omissions during placement of a PEO Workers Compensation program. Attorney Troy Glander - Davis, Cedillo & Mendoza, Inc. (210) 822-6666. Texas Citrus Exchange, et al v. Brown & Brown, Inc., et al; Cause No.C-1420-02-E; in the 275th Judicial District, Hidalgo County, Texas.

June 2005 - Engaged to assist defense counsel answering allegations of Agent Errors & Omissions resulting from Products Liability Certificate of Insurance procedures. Attorney Elaine Lenahan - Thompson, Coe, Cousins, and Irons, LLP, (214) 871-8200. P& W Quality Machine vs. Mid-Century Insurance; Cause No. 04-00157, 101st Judicial District, Dallas County, TX.

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Burl Daniel, CPCU, CIC, CRM     |     817.980.4897    |    burldaniel@prodigy.net