Engaged by policyholder’s defense counsel to analyze whether carrier actions constituted Insurance Bad Faith relative to assigning improper Workers Compensation and Commercial General Liability class codes and processing inaccurate premium audits. Case required analysis of carrier’s failure to determine and apply correct NCCI class codes for 4 years of audits and renewals. These deficiencies resulted in significant lost business opportunities due to wildly inaccurate NCCI Experience Modifiers 50-220% higher than actual, erratic premiums accounting, and disputes over revised audits premiums. Attorneys Lindsay Wright Brett, Brendan Cook and Lola Ojeniyi, Baker & McKenzie (713) 427-5000. Zurich v. TxEx Energy, Case No. 4:20-cv-3622 In United States District Court for the Southern District of Texas Houston Division.
Category: All Cases
November 30, 2021David Deering
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions issues relative to standards of care for placing NFIP flood policies on buildings in unmapped rural areas with no Flood Zone determination. Complicating factors included issues of flood-in-progress and interstate highway construction blocking the natural drainage outlet of a glacial depression prairie lake decades before the flood. Wilkens v. Dorris; Attorney Mitch Peterson, Davenport, Evans, Hurwitz & Smith, LLP (605) 357-1242
October 30, 2021David Deering
Engaged by policyholder counsel to review claims handling custom and practice for Homeowners Insurance. Litigation resulted following a claim denial after a fire destroyed high value personal property stored off-premises during a home renovation. Case required in depth analysis of policy language relative to limits and coverage for personal property off-premises under specific circumstances and whether the carrier committed Insurance Bad Faith in denying the claim. Attorney David Heller (281) 599-8775. Tavakoli v. Clear Blue Insurance Company, Cause No. 2021-14612 In The 151st Judicial District Court of Harris County, Texas.
September 30, 2021David Deering
Engaged by policyholder counsel to review issues of Homeowners Insurance Bad Faith claims handling for extensive mold damage to insured’s residence. Attorneys David Schack and Matt Segal, Barnes & Thornburg, LLP (310) 284-3873. Buccholz v. Crestbrook Insurance Company d/b/a Nationwide, Cause No. 1:20-CV-00449-AP In United States District Court for the Western District of Texas.
June 30, 2021David Deering
Engaged by policyholder counsel to analyze Insurance Bad Faith issues relative to Homeowners Insurance claims handling custom and practice for a theft loss. Central to the dispute were the excessive depreciation factors used to calculate Actual Cash Value versus Fair Market Value, the carrier questioning ownership of the stolen contents, and long delays in processing the claim. Attorney Tom Friedman, Brown, Bonn & Friedman, LLP (702) 942-3900. Maxwell v. Travelers, Case No. 2:20-cv-01669-JAD-BNW In United States District Court District of Nevada.
June 28, 2021David Deering
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions standards of care for placing Commercial General Liability and/or Professional Liability coverage. Agent failed to recognize and address Advertising Injury exposures created by operations of the real estate firm policyholder which provided advertising and marketing services to developers and real estate entities. When policyholder was sued for “copyright Infringement” the claim was denied based on the Advertising Injury exclusion. Attorneys Andrea DeField and Austin Priddy, Hunton Andrews Kurth, LLP, (305) 810-2500. Urban Living v. ISB Insurance Services, Case No. 202055546 In The 55th Judicial District Court of Harris County, Texas.
May 8, 2021David Deering
Engaged by defense counsel to respond to allegations of Insurance Agency Errors & Omissions stemming from placement of Ocean Marine Insurance coverage for the lessee under a short-term barge rental and subsequent denial of a hull damage claim. Case required analysis of issues including limited carriers willing to quote short-term coverage, the barge owner’s allegations of Business Income loss, and whether any barge damage occurred during the rental. Attorney Ken Gutsch, Richmond & Quinn, (907) 276-5727. Swalling v. Alaska USA Insurance Brokers, Case No. 3AN-19-10857CI, In Superior Court For The State Of Alaska Third Judicial District At Anchorage.
April 30, 2021David Deering
Engaged by counsel for numerous plaintiffs who suffered flood damage from the May 2020 Edenville dam failure in Midland County, MI. Case(s) required review of NFIP guidelines for Flood Zones mapping/remapping, and notification to property owners relative to potential Insurance Agent Errors & Omissions claims. Attorney Andrew Laurila, Rasor Law Firm, PLLC (248) 543-9000.
March 30, 2021David Deering
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 vehicle accident involving guardrail repairs performed by the contractor. Attorney Tom Alleman, Dykema Gossett PLLC (214) 698-7830. Guerra v. US Risk, et al, Cause No. C-3634-18-B In The District Court of Hidalgo County, Texas 93rd Judicial District.
April 4, 2020Don Hirsch