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
Category: Insurance Bad Faith
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
21
Mar2018
Engaged by policyholder counsel to analyze and opine on Agents Errors & Omissions relative to the procurement of a Hole-In-One Special Events policy. The case required analysis of agent’s failure to inform policyholder regarding minimum yardage warranties in the binder. The dispute resulted after two Hole-In-Ones were not covered, requiring the policyholder to pay the prize indemnity award. Old White Charities v. Bankers Insurance; Civil Action No. 5:l7-cv-01375 in the United States District Court for the (Southern) District of West Virginia. Attorneys Lorie Masters and Michael Levine, Hunton Andrews Kurth (202) 955-1500.
March 21, 2018burld
26
Jan2018
Engaged by insurance agent’s defense counsel to analyze allegations of Insurance Agent Errors and Omissions and Insurance Bad Faith. Case involved multiple Commercial Auto policies, Commercial General Liability, Professional Liability and required analysis of coverage grants for loading/unloading. Dispute followed carrier claim denial due to vehicle in question not being described as a ‘Covered Auto’. Attorneys Amanda Harvey and Kayleigh Watson, Wilson Elser Moskowitz Edelman & Dicker LLP (214) 698-8000. National Ambulance v. Hija Insurance Agency, et al. Cause No. 2016-52143 In 11th Judicial District Court, Harris County, Texas.
January 26, 2018burld
24
Jan2018
Retained by defense counsel to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith relative to a Professional Liability policy renewal. Case included allegations of failure to procure alongside issues of questionable policyholder Medical Malpractice claims reporting. Surplus Lines carrier renewed a Claims Made policy with a material reduction of coverage; subsequent claim denial resulted in litigation involving multiple parties. Attorneys Paul Gerding and Echo Reynolds, Kutak Rock LLP (480) 429-5000. Infini v. Wells Fargo Insurance Services USA, Inc., et al; Case No. 2:16-cv-03874-PHX-GMS In The United States District Court, District Of Arizona
January 24, 2018burld
26
Nov2017
Engaged by defense counsel to address allegations of Insurance Agent E&O / Bad Faith involving Business Income – Rents insurance. Dispute resulted following a restaurant fire loss and subsequent carrier denial of landlord’s claim for Rents coverage under tenant’s Property insurance policy. Case required analysis of insurance requirements in a building lease, numerous years of tenant and landlord carrier/coverage histories and associated Certificates of Insurance. Attorneys Bill Threlkeld and James Wilcoxen, Fenton, Fenton, Smith, Reneau & Moon, PC, (405) 235-4671. PWB v. Frates Insurance, Case No. CIV-17-387-R, In The United States District Court For The Western District of Oklahoma.
November 26, 2017burld
20
Oct2017
Retained by counsel for carrier seeking to rescind a Commercial General Liability policy based on agent’s failure to disclose material underwriting information on the application. Case required analysis of issues relative to Agents Errors & Omissions, Insurance Bad Faith Claims Handling and Workers Compensation issues involving an injured worker. Atlantic Casualty v. N&A Properties; Case 4:17-CV-368-A in United States District Court for the Northern District of Texas, Fort Worth Division. Attorneys Camille Johnson and Steve Santayana, Savrick, Schumann, Johnson, McGarr, Kaminski & Shirley, LLP, (214) 368-1515.
October 20, 2017burld
20
Sep2017
Engaged by policyholder counsel to analyze and opine on issues relative to Agents Errors & Omissions relative to Business Income coverage. Dispute resulted from Insurance agency’s failure to follow up with policyholder on carrier request for Business Income underwriting information at a new location. This failure resulted in partial denial of a Business Income claim when a building collapsed. Attorneys Mike Abrams and Kim Winter, Lathrop Gage, LLC (816) 460-5530. Axiom v. Marrs & Davolt, Case No. 16CY-CV00586 Division No. 5, In the Circuit Court of Clay County Missouri.
September 20, 2017burld
21
Jul2017
Engaged by defense counsel to analyze Agent Errors & Omissions issues relative to whether the agent was provided a copy of an oil field services Master Services Agreement. Plaintiff had failed to provide the agent with accurate information to obtain Jones Act / USL&H Maritime Workers Compensation and/or Other States coverage. The dispute resulted from the Commercial General Liability carrier denial of a contractual liability indemnity claim (under the customer’s MSA) for an employee injury which occurred over water. Zadok v. Bell Insurance, Cause No. 2016-44757 In 80th Judicial District Court, Harris County, Texas. Attorneys Ryan Brown and Nathan Shackelford, Hermes Law, PC (214) 749-6800.
July 21, 2017burld
16
Jun2017
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to whether the insurance agent was ever provided a copy of an oil field Master Services Agreement. The dispute resulted from an employee injury, plaintiff’s previous failure to complete required actions to obtain Workers Compensation and carrier denial of a Commercial General Liability claim. Allegations against the agent included failure to procure Commercial Auto and Commercial General Liability to comply with MSA contractual liability insurance requirements. Emperor v. Millennium Insurance Services; Cause No. 2016CI14546 In The District Court of Bexar County, Texas 150th Judicial District. Attorney Frank McNiff, Welder Leshin Lorenz McNiff Buchanan Hawn, LLP, (361) 561-8008.
June 16, 2017burld