Retained by counsel defending a landlord policyholder against tenant allegations of injury due to negligence following an apartment complex fire loss. Policyholder provided suit papers to the agent, who in turn failed to forward same to carrier resulting in a default judgment being entered in favor of the tenant. Carrier denied coverage based on extreme prejudice for late claim reporting. Case required analysis of issues regarding Agents Errors & Omissions, Insurance Bad Faith and Commercial General Liability. Geier v. Stonewood Apartments v. The Sloan Agency, Case No. 1716-CV25412 In the Circuit Court of Jackson County, Missouri at Kansas City. Attorney Wes Carillo, Ensz & Jester, PC, (816) 474-8010.
Category: Insurance Bad Faith
July 11, 2019Don Hirsch
Retained by carrier’s defense counsel to review allegations of Insurance Bad Faith Claims Handling for a Workers Compensation claim denial. Case required opinions regarding whether claim denial was reasonable, based on inconsistencies in employee’s version of how and where the injury occurred, and ceasing communications shortly after the alleged injury. Attorneys Paul Gerding and Andrew McNichol, Kutak Rock LLP (480) 429-5000; Ndwiga v. Plaza Insurance Company, Case No. 2:18-cv- 02324-SPL In United States District Court For The District of Arizona.
March 1, 2019Don Hirsch
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
Retained as Personal Auto & Insurance Bad Faith Expert by carrier’s counsel defending Stowers Doctrine allegations. Auto accident involved injuries to multiple parties who asserted claims, resulted in hospital liens and unreasonable Stowers demand deadlines. Case required analysis of insurance industry claims handling custom and practice standards. Attorneys Kurt Paxson and Garrett Yancey, Mounce, Green, Myers, Safi, Paxson & Galatzan PC, (915) 532-2000. Romero v. Mid-Century Insurance Co., Cause No. 2015-DCV3394 In 448th Judicial District Court of El Paso County, Texas.
January 21, 2019Don Hirsch
Retained by counsel defending against a third-party landlord’s allegations of Agents Errors & Omissions and Insurance Bad Faith for ‘failure to procure’ additional insured status. Policyholder’s landlord alleged reliance on being a Certificate Holder on ACORD Certificates of Liability Insurance as grounds for being an additional insured under policyholder’s Commercial General Liability and Environmental Liability policies. Engagement required analysis of insurance requirements in the lease, scope of coverage for additional insureds and/or whether landlord ever requested being added as an additional insured. Landlord’s allegations also included Business Income Loss of Rents during site cleanup. HLT v. AssuredPartners, Case No. 1:18-cv-00045-RP, In The United States District Court For The Western District of Texas, Austin Division. Attorney Lisa Yerger, Hermes Law (214) 749-6834.
January 12, 2019Don Hirsch
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 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
Retained by contractor’s defense counsel to review Commercial General Liability policy structure relative to insurance requirements listed in a Subcontract. Dispute involved Workers Compensation and a third party over action. Case required opinions regarding whether the Subcontractor’s policies complied with the Subcontract’s “Additional Insured” language. Moss v. J4 Development, Cause No. 2016DCV4519, In The 327th Judicial District Court of El Paso County, Texas. Attorney Jim Mounts, Ray McChristian & Jeans, PC (915) 832-7253
August 30, 2018Don Hirsch
Engaged by policyholder counsel as their Property Insurance expert to evaluate Bad Faith Claims Handling for a hail damage claim. Independent adjuster’s flawed Xactimate estimate resulted in his seeking a comparative bid by introducing his own roofing contractor. That roofer then performed partial repairs and stole most of the insurance claim proceeds. MLLCA v. Argonaut, Vericlaim, et al; Cause No. CV 17-01-057 In The 271st Judicial District Of Wise County, Texas. Attorney Matt Meyer, Boyd Powers & Williamson (940) 627-8308.
August 28, 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