Retained by counsel for carrier seeking recovery from the insurance agency based on material misrepresentations regarding the fire protection system required by the carrier to insure a hotel. Engagement required analysis of communications between insured/agency and managing general agent relative to carrier underwriting guidelines and non-compliance with inspection requirements. Litigation ...
June 16, 2020Don Hirsch
Engaged by Surplus Lines intermediary’s defense counsel to evaluate allegations of Agent Errors & Omissions and Insurance Bad Faith involving placement and renewal of a contractor’s Commercial General Liability policies. Analysis involved guardrail operations being excluded, multiple policies and additional insured issues. Litigation followed carrier’s claim denial for a ...
April 4, 2020Don Hirsch
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 boat remaining outside navigation warranty specified waters was beyond insured’s control and when carrier was informed. Civil Action No. 19-CV-01832-PAB-NRN In ...
January 29, 2020Don Hirsch
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. ...
December 8, 2019Don Hirsch
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 ...
September 3, 2019Don Hirsch
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. ...
July 11, 2019Don Hirsch
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 ...
June 19, 2019Don Hirsch
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 ...
May 12, 2019Don Hirsch
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 ...
March 1, 2019Don Hirsch
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 ...
February 21, 2019Don Hirsch