Engaged by policyholder’s outside counsel seeking Commercial General Liability coverage for a fatality claim caused by a tank explosion. Case required evaluation of Insurance Bad Faith and Agents Errors & Omissions “failure to procure” issues. Belken Oil, LLC v. Woodworth Insurance Agency; Attorney Scott Helmholz, Bailey & Glasser, LLP , (217) 528-1177.
Category: Agent Errors and Omissions
January 1, 2013burld
Engaged by policyholder counsel as a consulting expert to analyze Agents Errors & Omissions issues. Engagement required knowledge of customary insurance agent compensation relative to Surplus Lines placement of Builders Risk coverage under Ocean Marine policies. Trinity Yachts v. Thomas Rutherfoord and Marsh McLennan; Case 1:11-cv-00507-LG-JMR In The United States District Court for the Southern District of Mississippi, Southern Division. Attorney Joseph Briggett, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, (504) 568-1990.
August 1, 2012burld
Engaged by counsel defending allegations of Agent Errors & Omissions and Insurance Bad Faith. Case involved a Named Driver Exclusion and claim denial under a Commercial Auto policy and a Commercial Umbrella policy written as Surplus Lines. Diamond Pump & Transport, LLC v. Allied North American, et al; Cause No. A-126,966-A in the 70th District Court of Ector County, Texas. Defense counsel Kent Krabill, Lynn Tillotson Pinker and Cox, LLP (214) 981-3800.
July 1, 2012burld
Engaged by mortgagee’s counsel as their Insurance Agent Error & Omission and Property Insurance Expert. Case required evaluation of agent’s conduct regarding placements, renewals and endorsements of three Inland Marine Builders Risk policies. Allegations by mortgagee of Insurance Bad Faith arose from agent’s misrepresentations on ACORD. Evidence of Property Insurance forms. Attorney David Clement – Clement, Gates & May (504) 598-2220; Baronne v. Assurance Co. of America, et al; Civil District Court for the Parish of Orleans, State of Louisiana, Number: 09-4893 Division “I-14”.
April 1, 2012burld
Engaged by tug boat owner listed as third party Additional Assured under an Ocean Marine policy. Case involved Agents Errors & Omissions and Insurance Bad Faith requiring analysis of Hull damage late notice of claim and carrier claims handling practices. Marc Oliver v. Atchafalaya Marine, LLC, et al; Civil Action No. CV: 11-223-KD-C, United States District Court for the Southern District of Alabama, Southern Division. Attorney Margaret Miller, Margaret McDowell Miller, LLC (251) 635-6660.
March 1, 2012burld
Consulting expert engaged by counsel for carrier and surplus lines agent pursuing recovery from retail agent. Case involved placement issues for a Food Borne Illness policy covering Trade Name Restoration, Loss of Business Income and Incident Response. Following claim denial for an E-coli outbreak, litigation resulted from retail agent’s “failure to disclose material terms” to restaurant franchisees enrolled under a Master policy. Lloyds and Professional Liability Insurance Services v. IMA of Kansas; Cause no. D-1-GN-10-004172 In District Court of Travis County, Texas, 353rd Judicial District. Attorney Christopher White, Lewis Brisbois Bisgaard & Smith LLP (214) 722-7100.
February 3, 2012burld
Engaged by carrier as Claims Made and Reported Professional Liability Insurance expert. Case involved late notice of claim and required expertise with Agents Errors & Omissions, Commercial General Liability (including Pollution Liability) and Commercial Umbrella. Environmental Analytics, Inc. v. Chartis Claims, Inc., et al. Cause No. 2010-42050; In The 234th J.D. Court Harris County, Texas. Attorneys Tim Kilgore and Dan Lynn, Jackson & Campbell, PC (202) 457-1632.
February 1, 2012burld
Engaged by agent’s defense counsel as an Ocean Marine Insurance and Agent Errors and Omissions Expert. Case required review of Ocean Marine placement procedures, assignment of loss payee/mortgagee interests and coverage territory issues. Dispute resulted from a hull damage claim denial for a dredge barge which ran aground near Cancun, Mexico. Deep Sea Financing, LLC v. Brennan & Co., Civil Action No. STCV1100702 In The State Court of Chatham County, State of Georgia. Attorney Pat O’Connor, Oliver Maner LLP, (912) 236-3311
December 22, 2011burld
Retained by carrier’s counsel to provide expert opinions regarding Insurance Bad Faith, reporting form Inland Marine Builder’s Risk and Property Insurance. Dispute involved Agent Errors & Omissions based on agent’s failure to include a mortgagee’s interest when reporting a total fire loss. Seven months after the total fire loss, the agent issued an ACORD Evidence of Property Insurance to the mortgagee, continuing a pattern of misrepresentations. Attorney Larry Fields, Kutak Rock, LLP (816) 960-0090. Assurance Company of America v. O’Connor Insurance Agency; Case No. 4:10CV2204 FRB, United States District Court for the Eastern District of Missouri Eastern Division
July 8, 2011Don Hirsch
Engaged as a Property Insurance Expert by counsel defending allegations of Agents Errors & Omissions and Insurance Bad Faith. Litigation resulted from construction agreement insurance requirements, Inland Marine Builders Risk claim denial, and eventual Homeowners subrogation. Attorney Desmond Cooks, (214) 736-9433 The Willis Law Group; Stevens v. Trujillo Insurance Agency; Cause No. 048-248921-10 In the District Court of Tarrant County, Texas, 48th Judicial District.
July 1, 2011burld