Engaged by carrier’s defense counsel to evaluate homeowners coverage issues and address allegations of insurance bad faith claims handling. Dispute resulted after a carrier’s denial of a total fire loss to a dwelling (including rental income) insured under a homeowners policy but occupied by a tenant. Attorney Zane Wilson, CSG, ... Read More
burld
30
Mar2024
Engaged by policyholder counsel to analyze Agent Errors & Omissions and Insurance Bad Faith claims handling. Despite specific policyholder requests to agent, one building was severely underinsured and another not listed on the policy when back-to-back windstorms caused extensive damage. Attorney Sam McHard, McHard / McHard / Anderson & Associates ... Read More
March 30, 2024burld
30
Mar2024
Engaged by carrier’s defense counsel to review allegations of Insurance Bad Faith claims handling regarding a dwelling rented to a tenant but covered under a Homeowner policy. The court held that the carrier properly denied a total fire loss based on the policy’s Owner Occupancy endorsement. Attorney Zane Wilson, CSG, Inc. ... Read More
March 30, 2024burld
30
Dec2023
Engaged by third-party plaintiff counsel to analyze Commercial Auto coverage structure under a tower of carriers insuring a trucking company. Case involved multiple fatalities and required analysis of which carriers owed the judgment and to which plaintiffs. Attorney Jeff Richter, Cesar Ornelas Law, PLLC (210) 957-2103. Franco, et al v. ... Read More
December 30, 2023burld
15
Dec2023
Carrier defense counsel engagement to evaluate coverage issues for a dwelling total fire loss during Colorado wildfires. Case required analysis as to whether a surplus lines carrier had any duty relative to setting limits of insurance relative to replacement cost and/or rental receipts. Fischer v. National Indemnity Company, et al ... Read More
December 15, 2023burld
30
Nov2023
Engaged by policyholder counsel to analyze Pollution Liability coverage and underwriting issues following denial of a bodily injury claim from a carbon monoxide leak. Engagement required analysis of claims-made renewal underwriting, first party cleanup vs. third party liability, and bad faith claims handling issues. Attorneys David Newman and Brittany Armour, ... Read More
November 30, 2023burld
30
Oct2023
Engaged by defense counsel to address allegations of insurance bad faith for a claim denial under a nursing home professional liability policy. Claim denial was premised on policyholder’s failure to disclose “circumstances related” to a prior claim on the renewal application. Attorneys Bill Morrison and Joanne Wendell, Morrison Law, LLP ... Read More
October 30, 2023burld
30
Sep2023
Engaged by carrier’s defense counsel to analyze allegations of Insurance Bad Faith for carrier actions in revising Workers Compensation class codes to accurately assign payroll to NCCI class codes. Case required analysis of years of policyholder failing to apply payrolls accurately to NCCI class codes for audits and renewal policies. ... Read More
September 30, 2023burld
30
Aug2023
Engaged by carrier’s defense counsel to analyze claims handling of an Underinsured Motorist claim resulting from a low-speed accident. The claim was complicated by the policyholder’s son having his own Personal Auto Policy, reporting the injury 5 months after the accident, whether he was a household resident, and the possibility ... Read More
August 30, 2023burld
30
Jul2023
Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder. The policyholder had declined water damage coverage during a surplus lines placement, resulting ... Read More
July 30, 2023burld