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.
Category: Inland Marine
30
May2024
Engaged by wholesale intermediary’s defense counsel to assess placement issues for surplus lines Warehouseman’s Legal Liability insurance. Dispute arose following carrier’s denial of a fire loss to goods stored at a warehouseman’s location. Attorney Joe Campo, Lewis Brisbois Bisgaard & Smith LLP, (213) 680-5072. Rotax v. G.J. Sullivan/Amwins, et al, Case No. 20STCV107687 In the Superior Court of the State of California for the County of Los Angeles.
May 30, 2024burld
30
Apr2021
Engaged by defense counsel to respond to allegations of Insurance Agency Errors & Omissions stemming from placement of Ocean Marine Insurance coverage for the lessee under a short-term barge rental and subsequent denial of a hull damage claim. Case required analysis of issues including limited carriers willing to quote short-term coverage, the barge owner’s allegations of Business Income loss, and whether any barge damage occurred during the rental. Attorney Ken Gutsch, Richmond & Quinn, (907) 276-5727. Swalling v. Alaska USA Insurance Brokers, Case No. 3AN-19-10857CI, In Superior Court For The State Of Alaska Third Judicial District At Anchorage.
April 30, 2021burld
22
Jan2021
Retained by policyholder counsel seeking claim payment for October 2019 tornado losses in Garland, TX. Case required evaluation of Inland Marine, Commercial Property and Business Income clauses and coverage under a Stock Throughput Policy. Litigation ensued following claim denial based principally on nonexistent policy language relative to unscheduled locations and carrier delay/refusal to attempt good faith settlement. Attorneys Darrell Adkerson, Adkerson, Hauder & Bezney, P.C. (214) 740-2500 and Troy Morris, Perez Morris LLC (855) 580-7530. Transform v. Starr Indemnity & Liability Co., Cause No. DC-20-03860 In The 116th District Court, Dallas County, Texas.
January 22, 2021burld
12
May2019
Engaged by counsel for carrier as plaintiff seeking Declaratory Judgment confirming its coverage denial. Case involved analyzing underwriting data provided by a group of pharmaceutical entities. The application(s) failed to disclose the true nature of the non-pharmaceutical inventories it was seeking to insure. Hurricanes Irma and Maria hit the insured’s locations in Puerto Rico and Florida resulting in losses under the Property and Inland Marine coverage forms. Carrier denied the claims based on policyholder’s misrepresentations. Attorney Rob Reeb, Marwedel, Minichello & Reeb, P.C. (312) 445-5314. U.S. Specialty Insurance Company v. Atlantic Biologicals, Case No. 18-23276-Civ-Cooke/Goodman, United States District Court For The Southern District of Florida.
May 12, 2019burld
26
Oct2018
Engaged by defense counsel for Surplus Lines agency to address allegations of Insurance Agent E&O and Bad Faith including failure to procure proper insurance coverage. Case required analysis of the placement process to provide Property and Builders Risk insurance for an existing hotel plus renovations and additions. Dispute resulted from carrier’s partial denial of a windstorm claim while the hotel was still under construction. Attorneys Sarah Wariner and Scott Shanes, Clark Hill | Strasburger (469) 287-3900. Robertson v. Chubb, CRC, et al, Cause No. A160450C In The 51st Judicial District Court, Tom Green County, Texas.
October 26, 2018burld
27
Mar2018
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, 2018burld
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
23
Feb2017
Engaged by counsel defending insurance carrier against allegations of Bad Faith Claims Handling. Case involved a trucker covered under a specified commodities Motor Truck Cargo policy. Litigation resulted from claim denial for a total fire loss of load based on commodities being hauled had not been declared on the application. Case required scrutiny of Agent Errors & Omissions issues relative to coverage placement under a Purchasing Group master policy, non-disclosure of terms & conditions to policyholder/applicant and expertise with Inland Marine / Motor Truck Cargo policy forms. Attorney Andy Kehagiaras, Roberts & Kehagiaras LLP (310) 642-9800. US Cheeta Trucking v. Valleys Best Insurance, et al, Case No. 34-2015-00184655-U-IC-GDS, Superior Court Of The State of California For The County of Sacramento.
February 23, 2017burld
13
Jul2016
Engaged by counsel for policyholder as their Agent Errors & Omissions and Insurance Bad Faith expert. Case involved analysis of Property and Inland Marine insurance placement issues relative to Livestock mortality for dairy cattle. Dispute arose after claim denial for widespread smothering loss of cattle during a blizzard event. Attorney Brent Hamilton, Brady & Hamilton, LLP (806) 771-1850. CBJ v. Davis; Case 2:16-cv-00109-J In The United States District Court For The Northern District Of Texas, Amarillo Division.
July 13, 2016burld