Engaged by defense counsel to assess plaintiff’s valuation of Workers Compensation subrogation claims against Commercial Auto and Umbrella policies resulting from a fatality trucking accident. The valuation process was complicated by plaintiff’s Workers Compensation being structured as a large deductible retroactively rated program requiring extensive reserves and data analysis. Attorney Gene Ward, Cotten Schmidt, L.L.P. (361) 336-2321. Valley Transit v. Kommited Transportation, Civil Action No. 2:23-CV-00080 in United States District Court Southern District of Texas Corpus Christi Division.
Category: Commercial Auto Liability
01
Apr2024
Engaged by plaintiff’s counsel to analyze allegations of Commercial Auto Insurance Bad Faith claims regarding a multiple fatality motor vehicle accident, including interaction with Hired/Nonowned autos coverage and Workers Compensation. Plaintiffs were the survivors of one of the deceased. Attorney Jeff Richter, Cesar Ornelas Law, PLLC (210) 957-2103. Villareal v. Independence TX LLC, Cause No. 23-03-1083 IN THE 143rd Judicial District Loving County, Texas.
April 1, 2024burld
30
Dec2023
Engaged by third-party plaintiff counsel to analyze Commercial Auto coverage structure under a tower of carriers insuring a trucking company. Case involved multiple fatalities and required analysis of which carriers owed the judgment and to which plaintiffs. Attorney Jeff Richter, Cesar Ornelas Law, PLLC (210) 957-2103. Franco, et al v. Bults, No. CV2023-009297 – Tier 3 In the Superior Court of the State of Arizona In and For the County of Maricopa.
December 30, 2023burld
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
19
Jun2019
Engaged by counsel defending allegations of Agent Errors and Omissions relative to Commercial Auto underlying limits required for Umbrella coverage. Case involved policyholder allowing Commercial Auto policy to cancel for nonpayment and later placing coverage with deficient limits through a different agent. Case required analysis of policyholder’s pattern of conduct and failures to communicate relative to realistic expectations of the agency, plus Umbrella policy language relative to requirements in a construction agreement. Litigation resulted after carrier denied Umbrella coverage following a fatality auto accident. Attorney Shelley Rogers, Sheehy Ware Pappas, (713) 951-1033. ATCI v. Holmes Murphy, et al; Cause No. CC-18-02926-E, In The County Court at Law No. 5, Dallas County, Texas.
June 19, 2019burld
26
Jan2018
Engaged by insurance agent’s defense counsel to analyze allegations of Insurance Agent Errors and Omissions and Insurance Bad Faith. Case involved multiple Commercial Auto policies, Commercial General Liability, Professional Liability and required analysis of coverage grants for loading/unloading. Dispute followed carrier claim denial due to vehicle in question not being described as a ‘Covered Auto’. Attorneys Amanda Harvey and Kayleigh Watson, Wilson Elser Moskowitz Edelman & Dicker LLP (214) 698-8000. National Ambulance v. Hija Insurance Agency, et al. Cause No. 2016-52143 In 11th Judicial District Court, Harris County, Texas.
January 26, 2018burld
16
Jun2017
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to whether the insurance agent was ever provided a copy of an oil field Master Services Agreement. The dispute resulted from an employee injury, plaintiff’s previous failure to complete required actions to obtain Workers Compensation and carrier denial of a Commercial General Liability claim. Allegations against the agent included failure to procure Commercial Auto and Commercial General Liability to comply with MSA contractual liability insurance requirements. Emperor v. Millennium Insurance Services; Cause No. 2016CI14546 In The District Court of Bexar County, Texas 150th Judicial District. Attorney Frank McNiff, Welder Leshin Lorenz McNiff Buchanan Hawn, LLP, (361) 561-8008.
June 16, 2017burld
24
Feb2017
Engaged by counsel defending insurance carrier against allegations of Bad Faith Claims Handling. Case involved a Motor Truck Cargo total fire loss of load being hauled, and subsequent claim denial by carrier. Two expert reports were required: carrier was initially Defendant (against policyholder allegations) and later Third Party Plaintiff (when it joined the insurance agency as a Third Party Defendant). Case required expertise with Inland Marine policy forms, Motor Truck Cargo coverage placement through a wholesale broker / Purchasing Group master policy and Agent Errors & Omissions regarding non-disclosure of terms & conditions to policyholder. Attorney John Kazen – Kazen, Meurer & Perez (956) 712-1600. Zebra Carriers v. Pennsylvania Manufacturers’ Association Insurance Company v. Solo Trucking Insurance Agency; Cause No. 2015-CVQ-003844-D2 In 111th Judicial District Court, Webb County, Texas.
February 24, 2017burld
06
Jan2017
Engaged by defense counsel to address allegations of Managing General Agent E&O / Bad Faith involving placement of surplus lines. Litigation resulted following claim denial for a vehicle accident involving a city bus being driven by a temporary staff employee. Case involved Non-owned Autos coverage under Commercial Auto and/or as an endorsement to Commercial General Liability policies. Attorneys Heather Duplantis and Kevin Welsh, Phelps Dunbar LLP (225) 346-0285. Johnson v. City of Alexandria, Number 247,208 In 9th Judicial District Court For The Parish Of Rapides, Division “G”, State of Louisiana.
January 6, 2017burld
06
Jul2016
Retained by carrier’s defense counsel as their Insurance Bad Faith and Commercial Auto expert regarding an Uninsured/Underinsured Motorist claim denial. Case required expertise with nuances of coverage afforded the “first named insured contrasted with policy language requiring other claimants to occupy a covered auto. Attorney Melissa England, Graif Barrett & Matura, P.C., (602) 792-5700. Smith v. Auto-Owners, Complaint No. S-1400-CV201500545 In Superior Court of the State of Arizona, In and For The County of Yuma.
July 6, 2016burld