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
Don Hirsch
21
Jan2019
Retained as Personal Auto & Insurance Bad Faith Expert by carrier’s counsel defending Stowers Doctrine allegations. Auto accident involved injuries to multiple parties who asserted claims, resulted in hospital liens and unreasonable Stowers demand deadlines. Case required analysis of insurance industry claims handling custom and practice standards. ... Read More
January 21, 2019Don Hirsch
12
Jan2019
Retained by counsel defending against a third-party landlord’s allegations of Agents Errors & Omissions and Insurance Bad Faith for ‘failure to procure’ additional insured status. Policyholder’s landlord alleged reliance on being a Certificate Holder on ACORD Certificates of Liability Insurance as grounds for being an additional insured under policyholder’s ... Read More
January 12, 2019Don Hirsch
21
Nov2018
Engaged by policyholder counsel to analyze NFIP, non-NFIP and/or Excess Flood Insurance issues. Case required analysis of NFIP Flood Zones remapping and Flood Insurance Rate Map revisions for a Hurricane Harvey loss at an uninsured location. Agency was retained under terms and conditions of a fee-based insurance and ... Read More
November 21, 2018Don Hirsch
27
Oct2018
Engaged by policyholder counsel to analyze issues of Insurance Bad Faith Claims Handling. Case required analysis of damage patterns from straight-line winds and whether construction defect caused the loss. Dispute followed carrier denying most of the damage from a windstorm claim asserting construction defect as the proximate cause ... Read More
October 27, 2018Don Hirsch
26
Oct2018
Engaged by defense counsel for Surplus Lines agency to address allegations of Insurance Agent E&O and Bad Faith including failure to procure proper insurance coverage. Case required analysis of the placement process to provide Property and Builders Risk insurance for an existing hotel plus renovations and additions. Dispute ... Read More
October 26, 2018Don Hirsch
30
Aug2018
Retained by contractor’s defense counsel to review Commercial General Liability policy structure relative to insurance requirements listed in a Subcontract. Dispute involved Workers Compensation and a third party over action. Case required opinions regarding whether the Subcontractor’s policies complied with the Subcontract’s “Additional Insured” language. Moss v. J4 Development, Cause ... Read More
August 30, 2018Don Hirsch
28
Aug2018
Engaged by policyholder counsel as their Property Insurance expert to evaluate Bad Faith Claims Handling for a hail damage claim. Independent adjuster’s flawed Xactimate estimate resulted in his seeking a comparative bid by introducing his own roofing contractor. That roofer then performed partial repairs and stole most of ... Read More
August 28, 2018Don Hirsch
30
Jul2018
Engaged by policyholder counsel to calculate Superstorm Sandy damage to several buildings that would have been recoverable had agent properly placed NFIP policies. The case required preparation of proforma NFIP ACV and ICC claim values plus potential recovery under an excess flood policy. Attorney Jeff Schulman, ... Read More
July 30, 2018Don Hirsch
12
Apr2018
Engaged by lender’s defense counsel to analyze Flood Insurance issues relative to the lapse of a NFIP renewal policy resulting in the dwelling’s Flood Zone being rated in a Special Flood Hazard Area. Engagement required analysis of lender forced place insurance, applicable NFIP rating rules and preparation of proforma NFIP ... Read More
April 12, 2018Don Hirsch