Engaged by policyholder counsel alleging Agent Errors and Omissions as its basis to recover coinsurance penalties. Despite assuming duties to set replacement cost limits for a hotel, the insurance agency made material errors resulting in deficient property limits and the property being severely underinsured for a hailstorm claim. Engagement required analysis of agency’s flawed valuation methodology using tax rolls and appraised ‘market value’, coinsurance calculations, and issues involving Ordinance & Law and extended Business Income loss. Attorney Todd Hurd (817) 426-4529. Cornerstone, et al v. Rodda Yates, et al; Cases No. 2015-514,308 In The District Court Of Lubbock County, Texas, 99th Judicial District.
Category: Insurance Bad Faith
08
Dec2019
Retained by insurance company defense counsel to examine Homeowners Insurance underwriting and address Insurance Bad Faith allegations against the carrier. Policyholder significantly understated and misrepresented his dwelling square footage on the application resulting in policy limits well below replacement cost. Regardless that the carrier relied on misrepresentations he made on the application to issue the policy, plaintiff now alleges carrier was responsible for calculating replacement cost after a 2017 fire destroyed the structure. Attorney Bill Manning, Van De Poel, Levy, Thomas, Arneal, LLP (925) 034-6102. St. Martin v. IDS Property Casualty Insurance Company, Case No.: SCV-263296, Superior Court of the State of California, County of Sonoma.
December 8, 2019burld
03
Sep2019
Engaged by policyholder counsel to analyze Property and Business Income/Extra Expense coverage issues under Property, Docks & Piers and Excess Ocean Marine policies for two fire losses originating from a tenant’s dockside storage of wood pellets. Case included review of coinsurance issues, tenant’s status as a Dependent Property for Business Income loss plus carrier subrogation against tenant’s Commercial General Liability policy. Travelers (as subrogee of Port of Port Arthur) v. Texas Pellets, et al, Cause No. B-203,222 In 60th Judicial District Court, Jefferson County, Texas. Attorney Clint Brasher, Brasher Law Firm, PLLC. (409) 832-3737
September 3, 2019burld
11
Jul2019
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.
July 11, 2019burld
19
Jun2019
Engaged by counsel defending allegations of Agent Errors and Omissions relative to Commercial Auto underlying limits required for Umbrella coverage. Case involved policyholder allowing Commercial Auto policy to cancel for nonpayment and later placing coverage with deficient limits through a different agent. Case required analysis of policyholder’s pattern of conduct and failures to communicate relative to realistic expectations of the agency, plus Umbrella policy language relative to requirements in a construction agreement. Litigation resulted after carrier denied Umbrella coverage following a fatality auto accident. Attorney Shelley Rogers, Sheehy Ware Pappas, (713) 951-1033. ATCI v. Holmes Murphy, et al; Cause No. CC-18-02926-E, In The County Court at Law No. 5, Dallas County, Texas.
June 19, 2019burld
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
08
Apr2019
Engaged by policyholder counsel to evaluate carrier’s claims handling practices in adjusting a Property and Business Income claim for water damage at an apartments complex. Insurance Bad Faith allegations stemmed from long carrier delays/deficiencies in processing claim information and excessive requests for Business Income claim documentation. Attorneys Brian Enright and Anthony Leony, Halloran Sage (203) 672-5432. Hill v. Providence Mutual, Docket No. NNH-CV 16-6065871-S, Superior Court J.D. of New Haven at New Haven.
April 8, 2019burld
01
Mar2019
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, 2019burld
21
Feb2019
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, 2019burld
21
Jan2019
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, 2019burld