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.
Category: All Cases
26
Mar2021
Retained by insurance agency counsel defending alleged Agent Errors and Omissions for failure to procure Business Income coverage for Covid-19 losses under a Commercial Auto (Mobile Operations) endorsement to a Businessowners policy. Case required response to a laundry list of alleged duties owed by the agent far outside the accepted standards of care for a reasonably prudent Texas insurance agent. Case assessment included the lack of physical damage, the standard virus exclusion found in most ISO property forms, and the likelihood of the insured’s failure to read the policy. Attorneys John Nevins and Robert Bragalone, Gordon Rees Scully Mansukhani, LLP, (214) 231-4660. Sanbuco v. Governor Insurance Agency, et al; Civil Action No. SA-20-CV-01045-XR In United States District Court, Western District of Texas San Antonio Division.
March 26, 2021burld
22
Jan2021
Retained by policyholder counsel seeking claim payment for October 2019 tornado losses in Garland, TX. Case required evaluation of Inland Marine, Commercial Property and Business Income clauses and coverage under a Stock Throughput Policy. Litigation ensued following claim denial based principally on nonexistent policy language relative to unscheduled locations and carrier delay/refusal to attempt good faith settlement. Attorneys Darrell Adkerson, Adkerson, Hauder & Bezney, P.C. (214) 740-2500 and Troy Morris, Perez Morris LLC (855) 580-7530. Transform v. Starr Indemnity & Liability Co., Cause No. DC-20-03860 In The 116th District Court, Dallas County, Texas.
January 22, 2021burld
16
Jun2020
Retained by counsel for carrier seeking recovery from the placing insurance agency based on material misrepresentations regarding the fire protection system required by the carrier to insure a hotel which later suffered a total fire loss. Engagement required analysis of communications between insured/agency and managing general agent relative to carrier underwriting guidelines and non-compliance with inspection requirements. Litigation ensued following initial claim denial with subsequent payment. Attorney Jennifer Martin, Wilson, Elser, Moskowitz, Edelman & Dicker (214) 698-8000. Liberty Mutual v. Cottom/RCI Insurance Group, Case No: CJ-2016-03004 In The District Court Of Tulsa County State of Oklahoma.
June 16, 2020burld
04
Apr2020
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, 2020burld
29
Jan2020
Engaged by policyholder counsel to analyze Ocean Marine coverage issues under a yacht policy following extensive propeller repair delays. Insurance Bad Faith Claims Handling issues arose based on whether a boat remaining outside navigation warranty specified waters was beyond insured’s control and when carrier was informed. Suzam v. ACE, Civil Action No. 19-CV-01832-PAB-NRN In The United States District Court For The District of Colorado. Attorneys Scott O’Sullivan and Cara New, The O’Sullivan Law Firm (303) 388-5304.
January 29, 2020burld
08
Dec2019
Engaged by policyholder counsel alleging Agent Errors and Omissions as its basis to recover coinsurance penalties. Despite assuming duties to set replacement cost limits for a hotel, the insurance agency made material errors resulting in deficient property limits and the property being severely underinsured for a hailstorm claim. Engagement required analysis of agency’s flawed valuation methodology using tax rolls and appraised ‘market value’, coinsurance calculations, and issues involving Ordinance & Law and extended Business Income loss. Attorney Todd Hurd (817) 426-4529. Cornerstone, et al v. Rodda Yates, et al; Cases No. 2015-514,308 In The District Court Of Lubbock County, Texas, 99th Judicial District.
December 8, 2019burld
08
Dec2019
Retained by insurance company defense counsel to examine Homeowners Insurance underwriting and address Insurance Bad Faith allegations against the carrier. Policyholder significantly understated and misrepresented his dwelling square footage on the application resulting in policy limits well below replacement cost. Regardless that the carrier relied on misrepresentations he made on the application to issue the policy, plaintiff now alleges carrier was responsible for calculating replacement cost after a 2017 fire destroyed the structure. Attorney Bill Manning, Van De Poel, Levy, Thomas, Arneal, LLP (925) 034-6102. St. Martin v. IDS Property Casualty Insurance Company, Case No.: SCV-263296, Superior Court of the State of California, County of Sonoma.
December 8, 2019burld
03
Sep2019
Engaged by policyholder counsel to analyze Property and Business Income/Extra Expense coverage issues under Property, Docks & Piers and Excess Ocean Marine policies for two fire losses originating from a tenant’s dockside storage of wood pellets. Case included review of coinsurance issues, tenant’s status as a Dependent Property for Business Income loss plus carrier subrogation against tenant’s Commercial General Liability policy. Travelers (as subrogee of Port of Port Arthur) v. Texas Pellets, et al, Cause No. B-203,222 In 60th Judicial District Court, Jefferson County, Texas. Attorney Clint Brasher, Brasher Law Firm, PLLC. (409) 832-3737
September 3, 2019burld
11
Jul2019
Retained by counsel defending a landlord policyholder against tenant allegations of injury due to negligence following an apartment complex fire loss. Policyholder provided suit papers to the agent, who in turn failed to forward same to carrier resulting in a default judgment being entered in favor of the tenant. Carrier denied coverage based on extreme prejudice for late claim reporting. Case required analysis of issues regarding Agents Errors & Omissions, Insurance Bad Faith and Commercial General Liability. Geier v. Stonewood Apartments v. The Sloan Agency, Case No. 1716-CV25412 In the Circuit Court of Jackson County, Missouri at Kansas City. Attorney Wes Carillo, Ensz & Jester, PC, (816) 474-8010.
July 11, 2019burld