Engaged by policyholder counsel to review Insurance Agent Errors and Omissions issues relative to standards of care for placing NFIP flood policies on buildings in unmapped rural areas with no Flood Zone determination. Complicating factors included issues of flood-in-progress and interstate highway construction blocking the natural drainage outlet of a glacial depression prairie lake decades before the flood. Wilkens v. Dorris; Attorney Mitch Peterson, Davenport, Evans, Hurwitz & Smith, LLP (605) 357-1242
Category: Flood Insurance
June 8, 2022David Deering
Engaged by counsel for numerous plaintiffs who suffered flood damage from the May 2020 Edenville dam failure in Midland County, MI. Case(s) required review of NFIP guidelines for Flood Zones mapping/remapping, and notification to property owners relative to potential Insurance Agent Errors & Omissions claims. Attorney Andrew Laurila, Rasor Law Firm, PLLC (248) 543-9000.
June 8, 2022David Deering
Engaged by policyholder counsel to analyze NFIP, non-NFIP and/or Excess Flood Insurance issues. Case required analysis of NFIP Flood Zones remapping and Flood Insurance Rate Map revisions for a Hurricane Harvey loss at an uninsured location. Agency was retained under terms and conditions of a fee-based insurance and risk management services contract. Attorney Will King, Feldman and Feldman, PC (713) 986-9471. The Harris Center v. Higginbotham, Case No. Case No. 201812120 In 80th District Court, Harris County, Texas.
November 21, 2018Don Hirsch
Engaged by policyholder counsel to calculate Superstorm Sandy damage to several buildings that would have been recoverable had agent properly placed NFIP policies. The case required preparation of proforma NFIP ACV and ICC claim values plus potential recovery under an excess flood policy. Attorney Jeff Schulman, Pasich, LLP (212) 686-5000. Ferguson v. Whitmore Group, Index No. 15-610192 / CAL No. 17-014260T, Supreme Court State of New York, IAS Part 38 – Suffolk County.
July 30, 2018Don Hirsch
Engaged by lender’s defense counsel to analyze Flood Insurance issues relative to the lapse of a NFIP renewal policy resulting in the dwelling’s Flood Zone being rated in a Special Flood Hazard Area. Engagement required analysis of lender forced place insurance, applicable NFIP rating rules and preparation of proforma NFIP worksheets to compare premium based on the old versus new Flood Zones. Attorneys Leo Ward and Christy McCann, Browning Kaleczyc Berry & Hoven, P.C. (406) 443-6820. Schneidt v. First Interstate Bank
April 12, 2018Don Hirsch
Engaged by counsel defending insurance carrier against allegations of Bad Faith claims handling following denial of an uncovered Flood claim. Case required analysis of NFIP Flood Zone definitions relative to an Inland Marine policy flood exclusion. Attorneys Mike Cawley and Alex Brown, Gordon & Rees | Scully Mansukhani, LLP (215) 561-2300. Vanguard v. Atlantic Specialty Insurance Co. Court of Common Pleas of Philadelphia County, January Term 2017, No. 02023.
March 27, 2018Don Hirsch
Engaged by counsel defending insurance agent against Agent Errors & Omissions failure to procure allegations. Case involved carrier notice to the insured that the flood peril would be removed at renewal of its property policy. Agent received no response to NFIP flood quotes provided to the policyholder. Policyholder now asserts that it instructed agent to procure NFIP replacement policies for two locations which subsequently sustained uncovered flood losses. Attorney Anthony Green, Winget, Spadafora & Schwartzberg, LLP (212) 221-6900. Pinnacle Property v. Haylor Freyer & Coon, et al, Index No.: 2016EF2833, Supreme Court of The State of New York County of Onondaga.
May 23, 2017Don Hirsch
Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance requirements for a loan closing. Dispute resulted from a flood loss when retail agent/carrier had failed to procure a standard NFIP flood insurance policy, triggering lender obligations under its forced-place flood insurance. Attorney Mike Cerulo – Baty, Holm, Numrich & Otto, PC (314) 863-6274. Wise v. HSBC; Case No. 4:15-cv-911 In United States District Court, Eastern District of Missouri Eastern Division.
September 11, 2016Don Hirsch
Engaged by policyholder counsel to analyze Agent Errors & Omissions issues regarding failure to procure available NFIP flood insurance. Case involved client request for flood insurance followed by agent initially providing faulty Elevation Certificate/Flood Zone information, and later failing to follow agency procedures regarding offering flood insurance. After an epic flood virtually totaled the client’s bed & breakfast facilities, the Commercial Property carrier denied the claim based on the flood exclusion. Attorney Molly Bowen, Mostyn Law, (832) 964-4830. Chimney Valley Lodge v. Newmark Insurance Services, et al. Cause No. CV08077: 2016EF2833 In the District Court of Blanco County, Texas, 33rd Judicial District.
May 13, 2016Don Hirsch
Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance rating for 23 lots deemed to be in FIRM Zone AE following FEMA flood zone map revisions. Claim included allegations by homebuilder of lost property values due to Inverse Condemnation based on FEMA’s revised Flood Insurance Rate Maps. Attorney Mike Shaunessy – McGinnis Lochridge & Kilgore, LLP (512) 495-6061. Woodlake v. Guadalupe County; Cause No. 11-1270-CV In The District Court Of Guadalupe County, Texas, 25th Judicial District.
December 3, 2015Don Hirsch