Engaged by policyholder counsel to analyze Ocean Marine coverage issues under a yacht policy following extensive propeller repair delays. Insurance Bad Faith Claims Handling issues arose based on whether a boat remaining outside navigation warranty specified waters was beyond insured’s control and when carrier was informed. Suzam v. ACE, Civil ... Read More
burld
08
Dec2019
Engaged by policyholder counsel alleging Agent Errors and Omissions as its basis to recover coinsurance penalties. Despite assuming duties to set replacement cost limits for a hotel, the insurance agency made material errors resulting in deficient property limits and the property being severely underinsured for a hailstorm claim. ... Read More
December 8, 2019burld
08
Dec2019
Retained by insurance company defense counsel to examine Homeowners Insurance underwriting and address Insurance Bad Faith allegations against the carrier. Policyholder significantly understated and misrepresented his dwelling square footage on the application resulting in policy limits well below replacement cost. Regardless that the carrier relied on misrepresentations ... Read More
December 8, 2019burld
03
Sep2019
Engaged by policyholder counsel to analyze Property and Business Income/Extra Expense coverage issues under Property, Docks & Piers and Excess Ocean Marine policies for two fire losses originating from a tenant’s dockside storage of wood pellets. Case included review of coinsurance issues, tenant’s status as a Dependent Property for ... Read More
September 3, 2019burld
11
Jul2019
Retained by counsel defending a landlord policyholder against tenant allegations of injury due to negligence following an apartment complex fire loss. Policyholder provided suit papers to the agent, who in turn failed to forward same to carrier resulting in a default judgment being entered in favor of the tenant. ... Read More
July 11, 2019burld
19
Jun2019
Engaged by counsel defending allegations of Agent Errors and Omissions relative to Commercial Auto underlying limits required for Umbrella coverage. Case involved policyholder allowing Commercial Auto policy to cancel for nonpayment and later placing coverage with deficient limits through a different agent. Case required analysis of policyholder’s pattern ... Read More
June 19, 2019burld
12
May2019
Engaged by counsel for carrier as plaintiff seeking Declaratory Judgment confirming its coverage denial. Case involved analyzing underwriting data provided by a group of pharmaceutical entities. The application(s) failed to disclose the true nature of the non-pharmaceutical inventories it was seeking to insure. Hurricanes Irma and Maria ... Read More
May 12, 2019burld
08
Apr2019
Engaged by policyholder counsel to evaluate carrier’s claims handling practices in adjusting a Property and Business Income claim for water damage at an apartments complex. Insurance Bad Faith allegations stemmed from long carrier delays/deficiencies in processing claim information and excessive requests for Business Income claim documentation. Attorneys Brian Enright ... Read More
April 8, 2019burld
01
Mar2019
Retained by carrier’s defense counsel to review allegations of Insurance Bad Faith Claims Handling for a Workers Compensation claim denial. Case required opinions regarding whether claim denial was reasonable, based on inconsistencies in employee’s version of how and where the injury occurred, and ceasing communications shortly after the alleged ... Read More
March 1, 2019burld
21
Feb2019
Engaged by policyholder counsel to opine on Insurance Bad Faith Claims Handling of a Dwelling Policy water loss. Case required analysis of Xactimate estimates and reasonable standards for claims handling custom and practice. Dispute resulted from carrier’s refusal to pay total cleanup and dry out costs, which lead ... Read More
February 21, 2019burld