Engaged by policyholder counsel to opine on Insurance Bad Faith Claims Handling of a Dwelling Policy water loss. Case required analysis of Xactimate estimates and reasonable standards for claims handling custom and practice. Dispute resulted from carrier’s refusal to pay total cleanup and dry out costs, which lead to restoration contractor obtaining a judgment against owner. Attorney Jeremy Hugus, Platte River Injury Law, (307) 840-1064. Zamir v. Central Mutual Insurance Co., Case No. 2018CV130, In District Court, Arapahoe County, Colorado.
February 21, 2019Don Hirsch
Engaged by policyholder counsel to analyze issues of Insurance Bad Faith Claims Handling. Case required analysis of damage patterns from straight-line winds and whether construction defect caused the loss. Dispute followed carrier denying most of the damage from a windstorm claim asserting construction defect as the proximate cause of loss. Attorneys. Scott Blass and Erica Cross, Bordas and Bordas Attorneys, PLLC, (304) 242-8410. Thompson v. Allstate, Civil Action No. 5:18-CV-118, In The United States District Court For The Northern District of West Virginia, Wheeling.
October 27, 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 policyholder counsel to analyze coverage under a Homeowners policy endorsed to insure a float home. Carrier’s claim denial for windstorm damage to the float home subsequently lead to litigation. Case required expertise with Agent Errors & Omissions relative to covered perils under Homeowners and Marine insurance policy forms. Eismann v. Farm Bureau, Case No. CV-2016-478 In First Judicial District Court Of The State of Idaho, County of Kootenai. Attorney April Linscott, Owens, McCrea & Linscott, PLLC (208) 762-0203.
February 2, 2017Don Hirsch
Engaged by defense counsel as their Homeowners Insurance claims handling expert. Case included homeowner allegations of bad faith claims handling regarding hail damage. Case required analysis of hailstorm weather patterns and carrier actions relative to Texas’ statutory timelines for insurance claims handling. Howell v. Germania Mutual, Cause No. 2016-519,324 In The District Court of Lubbock County, Texas, 72nd Judicial District. Attorney Dax Voss, Field, Manning, Stone, Hawthorne & Aycock, P .C. (806) 796-4000.
October 29, 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
Engaged by defense counsel to evaluate Insurance Bad Faith and Agents Errors & Omissions allegations resulting from a dwelling total fire loss. Case required expertise with Homeowners insurance to value / replacement cost software used for underwriting. Attorneys Eric Van Beber and Leilani Leighton (913) 888-1000, Wallace Saunders Attorneys. Lawson v. Standard Fire Insurance Co, Case No. 1416-CV04078 In The Circuit Court of Jasper County Missouri, Division I, at Joplin.
October 26, 2015Don Hirsch
Engaged by policyholder counsel to analyze and opine on claims handling practices for cattle theft claims under a Farm & Ranch policy. Case required analysis of cattle buy/sell inventory records and inconsistencies in adjuster’s claims log entries. Attorneys Paul Bezney and Marlene Thomson (214) 740-2500, Adkerson, Hauder & Bezney, P.C. Linn v. Oklahoma Farm Bureau, Case No. CJ2014-38 In The District Court of Grady County Oklahoma.
August 2, 2015Don Hirsch
Engaged by policyholder counsel to evaluate Insurance Bad Faith relative to Homeowners policies claims handling custom and practice. Litigation resulted from a near-total dwelling fire loss, followed by a second total fire loss after repairs were substantially completed. The central in this matter was how and when limits are reinstated under a Homeowners policy as stages of repairs are completed. Attorney Manny Guerra, Guerra Law Office (713) 993-2342. Treviño v. Travelers; Case No. 7:15-cv-00034, In The United States District Court for the Southern District of Texas, McAllen Division.
July 29, 2015Don Hirsch