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.
Category: Business Interruption/Business Income
01
Jul2013
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
01
Jan2013
Engaged by agent’s defense counsel as their Agents Errors & Omissions, Insurance Bad Faith, Business Income and Property Insurance Expert for multiple Hurricane Ike apartment complexes claims. Case involved Surplus Lines, standard of care, and disclosure of material facts relative to coastal windstorm deductibles. Landco v. Consolidated American Services; Cause No. 2010-23329 In The District Court Harris County, Texas, 281st Judicial District. Attorney Kevin Madden, Kane Russell Coleman & Logan PC, (713) 425-7452.
January 1, 2013burld
03
Feb2012
Consulting expert engaged by counsel for carrier and surplus lines agent pursuing recovery from retail agent. Case involved placement issues for a Food Borne Illness policy covering Trade Name Restoration, Loss of Business Income and Incident Response. Following claim denial for an E-coli outbreak, litigation resulted from retail agent’s “failure to disclose material terms” to restaurant franchisees enrolled under a Master policy. Lloyds and Professional Liability Insurance Services v. IMA of Kansas; Cause no. D-1-GN-10-004172 In District Court of Travis County, Texas, 353rd Judicial District. Attorney Christopher White, Lewis Brisbois Bisgaard & Smith LLP (214) 722-7100.
February 3, 2012burld
01
Jan2012
Engaged by carrier’s defense counsel as their Insurance Bad Faith, Business Income and Property Insurance Expert. Case required evaluation of claims handling practices relative to partial denial of water damage and mold claims based on a wear and tear exclusion. Eagles Nest Church v. State Auto Insurance, et al; Cause No. 096254334-11 in The 96th Judicial District Court, Tarrant County, Texas. Attorneys Charles Mitchell and Ray Palmer, Naman Howell Smith & Lee, PLLC , (817) 509-2025.
January 1, 2012burld
01
Nov2010
Engaged by policyholder counsel as their Boiler & Machinery and Property Insurance Expert. Case required analysis of Difference-in-Conditions coverage, Business Income and Insurance Bad Faith regarding carrier’s claims handling practices. Case involved Boiler & Machinery cause and origin review of pressure vessel implosion at a Chlor alkali plant near Las Vegas, NV. Olin Chlor Alkali Products v. Continental Casualty, et al, Case No. 2:10-cv-00625-GMN-RJJ in United States District Court for the District of Nevada. Attorney Lorie Masters, Jenner & Block LLP, (202) 639-6076.
November 1, 2010burld
01
May2010
Engaged as a Property Insurance Expert by policyholder seeking coverage for Hurricane Ike Builders Risk claims. Case included allegations of Insurance Agent Error & Omission and carrier Insurance Bad Faith. Case required expertise with construction agreements relative to ordinance and law coverage, large Wind and Hail deductibles, and Business Income soft costs under Inland Marine builders risk policies. Attorney Windell Snow (316) 263-5959; Construction Services Bryant v. Cincinnati Insurance Company, Case No. 09 CV 3137 in the Eighteenth Judicial District Court, Sedgwick County, Kansas, Civil Department.
May 1, 2010burld
01
Oct2009
Designated by counsel for policyholder as their Flood Insurance and Property Insurance Expert. Case required analysis of excess flood Business Income, funding excess flood deductibles with NFIP policies, and the effect of ‘Other Insurance’ policy language. Attorney Wendy O’Connor, Tallman, Hudders & Sorrentino, P.C., (484) 765-2274. Pine Grove Manufactured Homes v. Indiana Lumbermens, et al; Civil Action No. 3:08-CV-1233, US District Court for the Middle District of Pennsylvania.
October 1, 2009burld
01
Mar2009
Engaged as Property Insurance Expert by a property owner following a fire loss. Case required knowledge of coinsurance, Agents Errors & Omissions, Insurance Bad Faith and Business Interruption. Fuller v. Ramey King and Northfield Insurance; Cause No. 352232972, 352nd Judicial District Court of Tarrant County, Texas. Attorney Barry Hasten, Hasten & Hansen Attorneys, (817) 429-0956.
March 1, 2009burld
01
Dec2008
Designated by plaintiff counsel as their Property Insurance Expert regarding a total loss due to Hurricane Wilma. Provided analysis pertaining to Agent Error & Omission. Case issues involved Florida Windstorm insurance, Business Income and Surplus Lines Insurance placement. Scott Katz & Beth Berry, Butler Pappas Attorneys , (813) 281-1900. TCB Farms v. Oswald Trippe, et al; Case No. 07-1389-CA, Twentieth Judicial Circuit Court, Collier County, FL.
December 1, 2008burld