Engaged by policyholder counsel to provide analysis of water loss versus flood perils after a fire hydrant was damaged during snow removal, causing extensive water damage to two houses. Dispute resulted after carrier erroneously denied the water damage claims citing the flood exclusion. Attorneys Tom Brennan (775) 247-1998 and Sean Rose (775) 777-7777, Rose Law Firm. Mize & Welch v. CSAA General Insurance Company, Case No. CV24-01170 In The Second Judicial District Court of The State of Nevada In and For the County of Washoe.
Category: Homeowners
01
Jun2024
Retained by policyholder counsel to opine on carrier claims handling custom and practice. Dispute arose from inordinately long carrier delays during claim investigation. Claim involved a roof collapse from heavy snowstorms at insured’s vacation home, and subsequent carrier failures to make realistic damage estimates and attempt to effectuate a good faith effort at settlement. Attorneys Tom Brennan (775) 247-1998 and Sean Rose (775) 777-7777, Rose Law Firm. Gavish v. State Farm, Case No. 4:24-cv-00041-AMA in United States District Court, District of Utah Central Division
June 1, 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 carrier’s defense counsel to review allegations of Insurance Bad Faith claims handling regarding a dwelling rented to a tenant but covered under a Homeowner policy. The court held that the carrier properly denied a total fire loss based on the policy’s Owner Occupancy endorsement. Attorney Zane Wilson, CSG, Inc. (907)452-1855, Baumgartner v. Umialik Insurance Company, Case No. 4FA-22-01509CI, In The Superior Court For the State of Alaska Fourth Judicial District at Fairbanks.
March 30, 2024burld
15
Dec2023
Carrier defense counsel engagement to evaluate coverage issues for a dwelling total fire loss during Colorado wildfires. Case required analysis as to whether a surplus lines carrier had any duty relative to setting limits of insurance relative to replacement cost and/or rental receipts. Fischer v. National Indemnity Company, et al Case No. 2022CV30092 Division 1, District Court Grand County, Colorado.
December 15, 2023burld
30
May2023
Engaged by policyholder counsel as an insurance expert witness to analyze Agents Errors & Omissions issues pursuant to an agent’s calculations of replacement cost for a high value dwelling. The agent’s worksheets showed artificially low values for square footage and quality of the home’s features. When a fire destroyed the home during the 3rd policy year, agent’s deficient calculations left the dwelling insured for ~50% of actual replacement cost. Attorney Rick Lombardo, Shafer Lombardo Shurin (816) 931-0500. Tolefree v. Farm Bureau, Case No. 2021-CV-000391 In The District Court Of Douglas County, Kansas.
May 30, 2023burld
30
Apr2022
Engaged by policyholder counsel to analyze and opine bad faith claims handling issues under a homeowners policy. Dispute arose following a substantial water loss, inept remediation efforts, and lengthy delays in adjusting the claim. Attorney Tom Anderson, Thomson, Rhodes & Cowie, P.C. (412) 316-8684. Civil Division No. GD-19-009745, Crawley v. State Farm, Xpert Restoration, et al In The Court of Common Pleas of Allegheny County, Pennsylvania.
April 30, 2022burld
30
Mar2022
Retained by insurance company defense counsel to examine Homeowners Insurance underwriting and claims handling in response to Insurance Bad Faith allegations against the carrier. The homeowner abandoned the dwelling after a fire, failed to protect the premises from further damage, and insisted the dwelling was a total loss. Carrier made several inspections and calculated the fire damage at far less than a total loss, leading to eventual litigation. Attorney Daena Ramsey, Shields Legal Group (972) 788-2040. Hooks/Davis v. Southern County Mutual, Cause No. CV21-14932 In The District Court 1st Judicial District Newton County, Texas.
March 30, 2022burld
28
Feb2022
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions relative to standards of care for placing Homeowners Insurance policies. Agent placed coverage with a ‘Cosmetic Roof Exclusion’ whereas prior carrier’s policy had no such exclusion for metal roofs. Policyholder suffered significant financial damage after denial of a hailstorm claim. Attorney Matt Montgomery, Hossley Embry, LLP. Permenter v. Assured Partners, Civil Action No. 3:31-cv-1325 In United States District Court for the Northern District of Texas Dallas Division.
February 28, 2022burld
30
Dec2021
Engaged by defense counsel to respond to policyholder allegations of Bad Faith Claims Handling of a purported Homeowners hail claim. Dispute resulted after carrier’s adjusters could find no visible evidence of hail damage, including after reinspection. Case required analysis of public adjuster’s inflated Xactimate estimates and questionable findings of roof damage. Attorney Carin Marcussen, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard (713) 766-7969. Hughes v. USAA, Cause No. 20-07-08642 In The 284th Judicial District Court of Montgomery County, Texas.
December 30, 2021burld