Engaged by plaintiff counsel as a consulting expert to evaluate Personal Auto Policy coverage issues following a fatality traffic accident and carrier’s refusal to open a claim. Attorney Eric Edwardson, (409) 924-0845. Rogers v. Allstate, Civil Action No. 4:21-cv-03118 In United States District Court For The Southern District of Texas Houston Division.
Category: All Cases
28
Feb2022
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions relative to standards of care for placing Homeowners Insurance policies. Agent placed coverage with a ‘Cosmetic Roof Exclusion’ whereas prior carrier’s policy had no such exclusion for metal roofs. Policyholder suffered significant financial damage after denial of a hailstorm claim. Attorney Matt Montgomery, Hossley Embry, LLP. Permenter v. Assured Partners, Civil Action No. 3:31-cv-1325 In United States District Court for the Northern District of Texas Dallas Division.
February 28, 2022burld
08
Jan2022
Engaged by carrier counsel pursuing an Insurance Agent Errors & Omissions action for Bad Faith to recover claim payments made under a Workers Compensation policy underwritten based on agent’s material misrepresentations on the application. After a tree trimming worker was seriously injured it was discovered the agent had withheld critical underwriting information relative to eligible NCCI classifications and guidelines for the Workers Compensation program. Case required analysis of NCCI class codes and disparate answers provided on multiple Workers Compensation applications. Attorneys Brad Burns and Amanda Newman, Dickinson Wright, PLLC (602) 285-5000. FirstComp v. Ensign, Case No. CV2020-007001 In the Superior Court Of The State of Arizona In And For The County Of Maricopa.
January 8, 2022burld
30
Dec2021
Engaged by defense counsel to respond to policyholder allegations of Bad Faith Claims Handling of a purported Homeowners hail claim. Dispute resulted after carrier’s adjusters could find no visible evidence of hail damage, including after reinspection. Case required analysis of public adjuster’s inflated Xactimate estimates and questionable findings of roof damage. Attorney Carin Marcussen, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard (713) 766-7969. Hughes v. USAA, Cause No. 20-07-08642 In The 284th Judicial District Court of Montgomery County, Texas.
December 30, 2021burld
30
Nov2021
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.
November 30, 2021burld
30
Oct2021
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, 2021burld
30
Sep2021
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, 2021burld
01
Jul2021
Engaged by policyholder counsel to serve as their Property Insurance and Equipment Breakdown / Boiler & Machinery Expert. Case required analysis of claims handling proof of loss issues after a low-pressure underground pipeline was damaged by an over-pressurization event. Case also involved Business Income and Insurance Bad Faith. Dispute resulted following carrier’s claim denial citing an “observable” damage requirement in lieu of technical pressure analysis as proof of loss. NiSource v. FM Global, Case No. 2:20-cv-00572-GCS-CMV in United States District Court for the Southern District of Ohio Eastern Division. Attorneys Brad Nes and Teri Josie-Diaz, Morgan, Lewis & Bockius LLP, (202) 739-3000.
July 1, 2021burld
30
Jun2021
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, 2021burld
28
Jun2021
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, 2021burld