Engaged by plaintiff’s counsel as a consulting expert to review case documents and render a rebuttal report regarding a building collapse that was the result of sources hidden from view and unknown to plaintiff. Defendant denied claim causing the dispute at hand. Attorney Jordyn Cartmell, Mansell & Engel (405) 232-4100. LDG v. Western World, Case No.: 6:23-CV0121-TC-RES United States District Court for the District of Kansas.
Category: Commercial Property
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 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
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
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