Engaged by plaintiff’s counsel to evaluate carrier’s investigation and claims handling conduct following a building collapse loss. Case included issues of potential vacancy and severely underinsured building values despite agent’s inspection, Replacement Cost calculations, and notice from the underwriter of valuation concerns. Attorney Jordyn Cartmell, Mansell & Engel (405) 876-4150. LDG v. Western World and Acrisure, Case No.: MGI-2023-CV00042 In United States District Court of Montgomery County State of Kansas.
Category: Business Interruption/Business Income
30
May2024
Engaged by counsel defending a Surplus Lines Brokers against allegations of improper procurement of a Warehouseman’s Legal Liability (bailee’s) policy. The Surplus Lines Broker had placed the coverage requested by the agent. Dispute arose following carrier claim denial for a fire loss to Business Personal Property stored at a third-party warehouse. The claim investigation revealed the warehouse owner had no ‘legal liability’, thus no coverage and the claim was denied. Attorney Joseph Campo, Lewis Brisbois Bisgaard & Smith LLP (213) 680-5072. Rotax v. Sullivan Case No. 20STCV10768 | C/W 21STCV20307, Superior Court of the State of California for the County of Los Angeles.
May 30, 2024burld
30
Mar2024
Engaged by carrier’s defense counsel to evaluate homeowners coverage issues and address allegations of insurance bad faith claims handling. Dispute resulted after a carrier’s denial of a total fire loss to a dwelling (including rental income) insured under a homeowners policy but occupied by a tenant. Attorney Zane Wilson, CSG, Inc. (907) 452-1855. Baumgartner v. UMIALIK Insurance Company, Case No. 4FA-22-01509 CI In the Superior Court for the State of Alaska Fourth Judicial District at Fairbanks.
March 30, 2024burld
30
Mar2024
Engaged by policyholder counsel to analyze Agent Errors & Omissions and Insurance Bad Faith claims handling. Despite specific policyholder requests to agent, one building was severely underinsured and another not listed on the policy when back-to-back windstorms caused extensive damage. Attorney Sam McHard, McHard / McHard / Anderson & Associates PLLC (601) 450-1715. Fenn v. State Auto, Civil Action No: 22-105-PCS, In The Circuit Court of Pike County Mississippi.
March 30, 2024burld
30
Jul2023
Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder. The policyholder had declined water damage coverage during a surplus lines placement, resulting in carrier later denying the sprinkler claim. Attorneys Doug Fogle and Joel Wertman, Winget, Spadafora & Schwartzberg, LLP (215) 433-1500. Newtown Square v. Worldwide Facilities, et al, Civil Action No. 21-5397 In the United States District Court for the Eastern District of Pennsylvania.
July 30, 2023burld
30
Mar2023
Retained by policyholder counsel as an insurance expert witness to review insurance industry renewal procedures when an agent failed to adequately disclose Business Income insurance being deleted on a renewal policy. Dispute arose following a major fire loss, when the agent finally informed the policyholder clearly that its Commercial Property policy provided only Extra Expense coverage leaving a multi-million dollars claim uncovered. Attorneys Halsey Knapp and Barclay Valloton, Krevolin & Horst, LLC (404) 888-9700. Buckhead v. McGriff Insurance Services, Civil Action File No. 22-GSBC-0004 In The Georgia State-Wide Business Court.
March 30, 2023burld
30
Dec2022
Retained by policyholder counsel as an insurance expert witness to review insurance industry claims handling standards of care for Commercial Property and Business Income losses. Policyholder’s business was highly seasonal with most of the Business Income concentrated in the several months before the Christmas holidays. Dispute arose following a large theft claim at the start of policyholder’s high season, with carrier refusing to consider the policyholder’s seasonal concentration of earnings when calculating the amount of Business Income loss. Attorneys Greg Goodheart and Ed Schreiber (818) 992-4463. Shimony v. State Farm, Case No.: 21CHCV00085 In Superior Court Of The State Of California For The County of Los Angeles.
December 30, 2022burld
30
Jun2022
Engaged by policyholder’s General Counsel to analyze and assist with claims-handling issues to settle a multi-million-dollar hail claim which the carrier refused to acknowledge exceeded the deductible. Engagement involved hiring additional roofing consultants and addressing carrier’s badly flawed analysis of the hail damage; claim eventually settled. Attorney Craig Crockett (817) 628-9998. TCRG v. Starr Surplus Lines Insurance Company.
June 30, 2022burld
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
Apr2021
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, 2021burld