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
burld
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
30
Jan2023
Engaged by policyholder counsel seeking recovery for construction defect claims resulting from installation of faulty pipe under the Houston Ship Channel. Case required contrasting coverage analysis of contractor’s Commercial General Liability versus manufacturer’s Products Liability, plus Insurance Bad Faith relative to agency’s failure to disclose available Products Liability coverage terms ... Read More
January 30, 2023burld
30
Dec2022
Retained by policyholder counsel as an insurance expert witness to review insurance industry claims handling standards of care for Commercial Property and Business Income losses. Policyholder’s business was highly seasonal with most of the Business Income concentrated in the several months before the Christmas holidays. Dispute arose following ... Read More
December 30, 2022burld
30
Nov2022
Engaged by defense counsel as an insurance expert witness to evaluate whether a ship repairer had complied with vendor contract insurance requirements for Commercial General Liability. Dispute arose when a harbor patrol officer capsized an upgraded boat during sea trials, injuring several of the ship repairer’s employees, who eventually ... Read More
November 30, 2022burld
28
Aug2022
Engaged by plaintiff’s counsel to analyze Insurance Bad Faith claims handling relative to a drilling company after its transition to self-insured and Workers Compensation coverage (previously provided by its PEO) and Commercial General Liability. Carrier provided the initial Excess Workers Compensation policy to cover catastrophic claims above plaintiff’s large deductible. ... Read More
August 28, 2022burld
30
Jun2022
Engaged by policyholder’s General Counsel to analyze and assist with claims-handling issues to settle a multi-million-dollar hail claim which the carrier refused to acknowledge exceeded the deductible. Engagement involved hiring additional roofing consultants and addressing carrier’s badly flawed analysis of the hail damage; claim eventually settled. Attorney Craig ... Read More
June 30, 2022burld
15
Jun2022
Engaged by defense counsel to evaluate carrier’s investigation and claims handling conduct for a loss under a Financial Institution Crime policy. The dispute resulted after a claim for loan losses was denied based on the loss not resulting from employee dishonesty. Attorney John Moore, Faegre Drinker Biddle & Reath LLP ... Read More
June 15, 2022burld