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
burld
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
30
May2023
Engaged by policyholder counsel as an insurance expert witness to analyze Agents Errors & Omissions issues pursuant to an agent’s calculations of replacement cost for a high value dwelling. The agent’s worksheets showed artificially low values for square footage and quality of the home’s features. When a fire ... Read More
May 30, 2023burld
30
Mar2023
Retained by policyholder counsel as an insurance expert witness to review insurance industry renewal procedures when an agent failed to adequately disclose Business Income insurance being deleted on a renewal policy. Dispute arose following a major fire loss, when the agent finally informed the policyholder clearly that its Commercial ... Read More
March 30, 2023burld
28
Feb2023
Engaged by counsel for receiver/policyholder to evaluate Commercial General Liability and Pollution Liability relative to Insurance Bad Faith claims handling under 1980s policies with no pollution exclusions. The case was complicated by overlay of workers compensation coverage, contractual liability, and Reservations of Rights issues. Attorneys Brad Nes and Cullen Pick, ... Read More
February 28, 2023burld
28
Feb2023
Retained by policyholder counsel as an insurance expert witness to review insurance industry standards of care for claims reporting under Claims-Made policy form relative to Agents Errors and Omissions. Despite clear indications of a pending claim from a flawed acid wash facial treatment, the agent neglected to notify the ... Read More
February 28, 2023burld