Engaged by defense counsel to analyze allegations of Agents Errors & Omissions for “failure to assess and update” and “underinsured” values on a Homeowners policy. The dispute resulted following a total loss during the 2011 Bastrop, TX fires. Case involved knowledge of agent standard of care relative to duty of inquiry. Attorney Brad Douglas (512) 807-2474, Naman Howell Smith & Lee, PLLC. Rizk v. Koehler-Barton Insurance Agency; Cause No. 28,787 In the District Court of Bastrop County, Texas, 335th Judicial District
Category: All Cases
June 2, 2014burld
Engaged by plaintiff counsel as their Commercial Auto, Insurance Bad Faith and Workers Compensation expert. Case involved a truck driver fatality and required analysis of Commercial Auto and Workers Compensation coverage and claim denial issues. Dispute resulted from differing positions as to whether trucker was an employee or independent contract driver. Attorney Chris Pinedo, Hilliard Munoz Gonzales, LLP (361) 882-1612. Arca Trucking vs. Hallmark County Mutual Insurance Co.; Cause No. 2014-DCV2416 In The District Court of El Paso County, Texas, County Court at Law 6.
May 2, 2014Don Hirsch
Engaged by policyholder counsel to analyze issues of Insurance Bad Faith claims handling practices relative to Personal Injury Protection coverage under a Personal Auto policy. Attorney Thomas Friedberg, Law Offices of Friedberg & Bunge (619) 557-0101. Schoenfeld v. USAA, Case No. 37-2013-00045246-CU-IC-CTL, Superior Court of The State Of California In And For the County Of San Diego, Central Judicial District.
February 1, 2014burld
Engaged by defense counsel to opine on alleged Agents Errors & Omissions stemming from a Homeowners Insurance liability claim denied under the motor vehicle exclusion. Case required knowledge of agent duties of inquiry and coverage procurement. Attorney Eric Edwardson,(409) 924-0845. Texas Farm Bureau v. Broussard; Cause No. 2013-08014 In The District Court of Harris County, Texas 157th Judicial District.
December 1, 2013burld
Engaged by defense counsel for Surplus Lines broker as their Agent Errors & Omissions and Insurance Bad Faith expert. Case required analysis of Property, Flood Insurance and Business Income claims issues relative to Statements of Value, Margin Clauses and Scheduled vs. Blanket policies. Litigation resulted from disputed values during flood claim settlement. Attorneys David Clark and Jack Urquhart, Beirne, Maynard, & Parsons, LLP (713) 623-0887. Menard v. Wells Fargo and Swett & Crawford; Civil Action No. 10-cv-7592, State of Wisconsin Circuit Court Milwaukee County.
October 1, 2013burld
Engaged by policyholder counsel to evaluate the contrast between Personal Auto and Commercial Auto policy language. Case required analysis of “who is an insured” wording and coverage for Hired and Nonowned Autos under a Business-owners Policy. Attorney Don Murphy, Murphy & Pressentin LLC, (866) 230-2282. Stone v. Supertino; Case No. S-1500-CV-278310 LHB, Superior Court of the State of California, For the County of Kern
August 1, 2013burld
Engaged by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Case required analysis of Insurance Bad Faith allegations resulting from claim denial for Flood Zone A locations. Claim included loss of Property and Business Income under an Inland Marine policy form. Attorney Tom Cooper, Pignato, Cooper, Kolker, & Roberson, P.C. (405) 606-3333. Coast to Coast Power Sports v. Robert Bates Agency, et al; Case No. CJ-2012-03555 In The District Court In And For Tulsa County, Oklahoma.
July 1, 2013burld
Retained by carrier counsel as their Insurance Bad Faith and Property Insurance Expert relative to claims handling Customs and Practices. Case required underwriting expertise when moving coverage from an admitted market Inland Marine builders risk to a Surplus Lines vacant dwelling policy. Litigation resulted when large water loss claim was denied due to vacancy disclosures on the insurance application. Pennink, et al v. Lloyds, et al; Case 1:11-cv-00673-TDS-WWD, North Carolina Durham County In The General Court of Justice Superior Court Division File No. 11-CVS-5555. Attorney Jeremy Stephenson, McNair Law Firm, P.A. (704) 347-6456; Attorney Jon Dryer, Wilson Elser Attorneys (215) 606-3908.
May 1, 2013burld
Engaged by policyholder counsel as its Commercial General Liability and Pollution Liability expert relative to Insurance Bad Faith claims handling. Environmental contamination resulted from a pipeline valve failure, requiring site remediation. Litigation resulted following carrier’s denial of the pollution claim based on alleged late reporting. Arrow Pipeline v. National American Insurance Co., et al; Case No. CJ-2012-00313 In the District Court of Tulsa County, State of Oklahoma. Attorney Mark Blongewicz, Hall Estill Attorneys (918) 594-0400.
April 1, 2013burld
Retained by counsel defending agent against allegations of Agent Errors & Omissions and Insurance Bad Faith. Litigation resulted following claim denial of a grain bin explosion loss. Engagement required Property Insurance and Surplus Lines expertise. Martinek v. Hertel, et al; Cause No. CV-12-0103 In The District Court of Grayson County, Texas, 59th Judicial District. Attorneys Tom Culpepper and Angela Caffey, Thompson Coe Cousins & Irons (214) 871-8200.
April 1, 2013burld