Engaged by plaintiff's counsel in a Texas commercial property dispute involving copper theft at a vacant building, and insurance claim denial. Case required evaluation of the conduct of the retail insurance agent and surplus-lines broker during coverage placement. Analysis focused on insurance agent standard of care, and failure to disclose material vacancy conditions/exclusions. Attorney Bill Barfield, Porter Law Firm (832)566-8118. SSS Fitness LLC v. Ellard, Travis Case No. 202544902 in the United States District Court of Harris County, Texas.
Category: Agent Errors and Omissions
22
Sep2026
Engaged by plaintiff's counsel in a Florida flood insurance dispute arising from a Hurricane Helene claim denial. Case required assessment of whether the insurance agency met the professional standard of care when procuring flood insurance for a residential property in a Special Flood Hazard Area (SFHA). Analysis addressed NFIP versus private flood insurance, Standard Flood Insurance Policy (SFIP) limitations, Base Flood Elevation (BFE) issues, agent due diligence, disclosure of material coverage gaps, and whether alternative flood insurance options should have been explained. Attorney Matthew Schwartz, The Schwartz Law Firm, P.A. (813)537-3600. Scanio v. Florida Strategic Insurance LLC; Brooke Gartland; Christopher Weaver; Amber Tedesco, Case No. 25-CA-003408 In the Circuit Court of the 13th Judicial Circuit for Hillsborough County, Florida.
September 22, 2026burld
03
Jul2024
Engaged by plaintiff’s counsel to evaluate carrier’s investigation and claims handling conduct following a building collapse loss. Case included issues of potential vacancy and severely underinsured building values despite agent’s inspection, Replacement Cost calculations, and notice from the underwriter of valuation concerns. Attorney Jordyn Cartmell, Mansell & Engel (405) 876-4150. LDG v. Western World and Acrisure, Case No.: MGI-2023-CV00042 In United States District Court of Montgomery County State of Kansas.
July 3, 2024burld
30
May2024
Engaged by counsel defending a Surplus Lines Brokers against allegations of improper procurement of a Warehouseman’s Legal Liability (bailee’s) policy. The Surplus Lines Broker had placed the coverage requested by the agent. Dispute arose following carrier claim denial for a fire loss to Business Personal Property stored at a third-party warehouse. The claim investigation revealed the warehouse owner had no ‘legal liability’, thus no coverage and the claim was denied. Attorney Joseph Campo, Lewis Brisbois Bisgaard & Smith LLP (213) 680-5072. Rotax v. Sullivan Case No. 20STCV10768 | C/W 21STCV20307, Superior Court of the State of California for the County of Los Angeles.
May 30, 2024burld
30
May2024
Engaged by wholesale intermediary’s defense counsel to assess placement issues for surplus lines Warehouseman’s Legal Liability insurance. Dispute arose following carrier’s denial of a fire loss to goods stored at a warehouseman’s location. Attorney Joe Campo, Lewis Brisbois Bisgaard & Smith LLP, (213) 680-5072. Rotax v. G.J. Sullivan/Amwins, et al, Case No. 20STCV107687 In the Superior Court of the State of California for the County of Los Angeles.
May 30, 2024burld
30
Mar2024
Engaged by policyholder counsel to analyze Agent Errors & Omissions and Insurance Bad Faith claims handling. Despite specific policyholder requests to agent, one building was severely underinsured and another not listed on the policy when back-to-back windstorms caused extensive damage. Attorney Sam McHard, McHard / McHard / Anderson & Associates PLLC (601) 450-1715. Fenn v. State Auto, Civil Action No: 22-105-PCS, In The Circuit Court of Pike County Mississippi.
March 30, 2024burld
30
Mar2024
Engaged by carrier’s defense counsel to review allegations of Insurance Bad Faith claims handling regarding a dwelling rented to a tenant but covered under a Homeowner policy. The court held that the carrier properly denied a total fire loss based on the policy’s Owner Occupancy endorsement. Attorney Zane Wilson, CSG, Inc. (907)452-1855, Baumgartner v. Umialik Insurance Company, Case No. 4FA-22-01509CI, In The Superior Court For the State of Alaska Fourth Judicial District at Fairbanks.
March 30, 2024burld
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 in carrier later denying the sprinkler claim. Attorneys Doug Fogle and Joel Wertman, Winget, Spadafora & Schwartzberg, LLP (215) 433-1500. Newtown Square v. Worldwide Facilities, et al, Civil Action No. 21-5397 In the United States District Court for the Eastern District of Pennsylvania.
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 destroyed the home during the 3rd policy year, agent’s deficient calculations left the dwelling insured for ~50% of actual replacement cost. Attorney Rick Lombardo, Shafer Lombardo Shurin (816) 931-0500. Tolefree v. Farm Bureau, Case No. 2021-CV-000391 In The District Court Of Douglas County, Kansas.
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 Property policy provided only Extra Expense coverage leaving a multi-million dollars claim uncovered. Attorneys Halsey Knapp and Barclay Valloton, Krevolin & Horst, LLC (404) 888-9700. Buckhead v. McGriff Insurance Services, Civil Action File No. 22-GSBC-0004 In The Georgia State-Wide Business Court.
March 30, 2023burld