Designated as Agents Errors & Omissions, Insurance Bad Faith and Property Insurance Expert to evaluate policy renewal and claims handling practices. The dispute involved windstorm claims from Hurricane Ike and aspects of failure to disclose Replacement Cost vs. Actual Cash Value. Woodforest Baptist Church v. Scottsdale Insurance Co., et al, No. 2009-37563 in District Court, 157th Judicial District of Harris County, Texas. Attorney for insured Mark Beausoleil, (936) 336-6275.
Category: Agent Errors and Omissions
01
Feb2011
Engaged by policyholder’s counsel seeking coverage for construction defect claims. Case involved aspects of Agent Errors & Omissions and Insurance Bad Faith resulting from placement of Commercial General Liability and Products Liability Insurance coverage. Central to the dispute were allegations against the agent of failure to disclose material facts. Sanderson v. JDW Insurance, Cause No. 2009-3145, 120th Judicial District Court, El Paso County, Texas. Attorney Jim Martinez, James A. Martinez, P.L.L.C. (317) 637-0700.
February 1, 2011burld
01
Dec2010
Engaged by policyholder counsel as their Inland Marine and Property Insurance Expert. Litigation resulted from partial claim denial following the armed robbery of a jewelry store. Claim denial hinged on effective date of an endorsement to increase a Jewelers Block policy limits. Case required evaluation of Agent Errors & Omissions, Surplus Lines procedures and Insurance Bad Faith claims handling. Eagle Jewelry v. United National Insurance Company, et al; No. 2009-50936 In The District Court of Harris County, Texas, 334th Judicial District. Attorney Bob Tarics, The Tarics Law Firm, PC, (713) 461-9490.
December 1, 2010burld
01
Nov2010
Designated by policyholder counsel as their Agent Errors & Omissions and Flood Insurance expert. Case involved NFIP policies issued using non-FEMA flood zone maps and adverse consequences to policyholder. Hometex v.. James Hooten and McMullan Insurance Agency; Cause No. BA-CV-05-0012; In the 216th Judicial District Court of Bandera County, Texas. Attorney Charles Japhet, (210) 775-1881.
November 1, 2010burld
01
Nov2010
Engaged by counsel for insured as their Flood Insurance and Agent Errors & Omissions expert. Case revolved around agent’s faulty flood zone determination and resultant claim penalties after a car wash suffered severe flood damage. Attorney Charles Japhet (210) 554-5278. Hometex Corporation v. McMullan Insurance Agency, Inc., et al; Cause No. BA-CV-05-00012 in The 216th Judicial District Court, Bandera County, Texas.
November 1, 2010burld
01
Oct2010
Engaged as consulting expert by policy holder counsel. Case involved review of Agent Errors & Omissions, valuation and limits for an Inland Marine claim under a manuscript Warehouse Legal Liability policy. Attorney Tom Carlyon, (570) 455-6308.
October 1, 2010burld
01
Aug2010
Engaged by contractor’s attorney to analyze contractual liability claim denial under Products Liability Insurance. Case involves Agents Errors & Omissions, Surplus Lines, Commercial General Liability, and aspects of Insurance Bad Faith resulting from questionable Certificates of Insurance. Cause No. 2009-65915; High Tech Plumbing v. Colony Insurance Company, et al. In the 127th Judicial District Court of Harris County, Texas. Attorney Kelly Prather, Greenwood Prather Law Firm, (713) 333-3200.
August 1, 2010burld
01
Jun2010
Engaged by policyholder’s counsel to provide analysis and testimony regarding Personal Auto and Agent Standard of Care. Case included failure to procure insurance issues. Garza v. U.S. Auto Insurance Services, Inc., et al; Cause No. 2007-CI-00169; Bexar County, TX. Counsel for plaintiff, Richard Silvas, The Silvas Law firm, San Antonio, TX (210)680-2800.
June 1, 2010burld
01
May2010
Designated as policyholder’s expert for Property Insurance, Business Income, and Agent’s Errors & Omissions. Case issues included building & contents valuations and Ordinance or Law coverage following a total fire loss in Metairie, LA. Cardinale v. Goza, et al; Civil Action No. 09-4181 in United States District Court, Eastern District of Louisiana, Judge Section “N”, Magistrate 4. Attorney Greg Dupuy, Dupuy & Dupuy Attorneys (504) 831-4833.
May 1, 2010burld
01
May2010
Designated by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Litigation involved Hurricane Ike flood claim disputes. Pleadings included allegations against the agent of Insurance Bad Faith and failure to procure Business Income. Attorney Brendan Cook, Baker & McKenzie, (713) 427-5000. South Coast Cement v. Willis of Texas, et al; Cause No. 60,687 in County Court at Law Number 1, Galveston County, Texas.
May 1, 2010burld