Engaged by plaintiff counsel to analyze issues of coverage and claims handling under a Union Liability policy. The dispute resulted from carrier denial of labor contract violations claims; policyholder eventually assigned its rights to the third party claimant which pursued its coverage rights under Professional Liability, Directors & Officer and Employment Practices Liability alleging claims handling Insurance Bad Faith. Davis Wire v. Ullico Casualty Group, et al; No. 16-2-24564-1 KNT, Superior Court for the State of Washington In and For The County of King. Attorney Eamon Kelly, Sperling & Slater, PC, (312) 676-5845.
Category: Insurance Bad Faith
23
May2017
Engaged by policyholder counsel as their designated Property and Business Income expert to opine regarding claims handling for two Business Interruptions resulting from one water loss. Case involved partial claim denial for a furniture store’s second temporary business closure. Attorney Michael Collins, Hill Farrer & Burrill LLP, (213) 620-0460. Leather Expo, Inc. v. California Capital Insurance Co., Case No. BC611176 Superior Court Of The State of California County of Los Angeles Central District.
May 23, 2017burld
23
Apr2017
Designated as an Arbitrator in a carrier dispute with its Managing General Agency / Third Party Administrator relative to a Personal Auto program. Case involved analysis of underwriting criteria, claims handling custom and practice and allegations of Insurance Agent Errors and Omissions. Attorney Dan Vana, Benjamin, Vana, Martinez & Biggs LLP (210) 881-0667. National Unity Insurance Company, Petitioner, v. Tejas Seguros, LLC, Respondent; Proceeding in Arbitration
April 23, 2017burld
01
Mar2017
Engaged by plaintiff counsel as consulting expert to evaluate Agent Errors and Omissions issues relative to Uninsured Motorist bad faith claims handling. Dispute resulted from a motorcycle rider being seriously injured after agent’s failure to procure Personal Auto coverage. Fry v. Colorado Insurance Advisors, Progressive Insurance, et al; Case No. C2017CV30290, Larimer County District Court, State of Colorado, Division 4A. Attorney Phillip Chupik, Metier Law Firm LLC (970) 377-3800.
March 1, 2017burld
27
Feb2017
Engaged by carrier’s defense counsel to evaluate Notice of Cancellation issues for a Personal Auto policy. Petition included allegations of Insurance Bad Faith claims handling for claim denial after a policy cancelled for nonpayment. Attorneys Dawn Goeres and Tom Cooper, Pignato, Cooper, Kolker & Roberson, P.C. (405) 606-3333. Petro v. American Mercury, Case No. CJ-2016-33 In The District Court of Rogers County, Oklahoma.
February 27, 2017burld
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
02
Feb2017
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, 2017burld
06
Jan2017
Engaged by defense counsel to address allegations of Managing General Agent E&O / Bad Faith involving placement of surplus lines. Litigation resulted following claim denial for a vehicle accident involving a city bus being driven by a temporary staff employee. Case involved Non-owned Autos coverage under Commercial Auto and/or as an endorsement to Commercial General Liability policies. Attorneys Heather Duplantis and Kevin Welsh, Phelps Dunbar LLP (225) 346-0285. Johnson v. City of Alexandria, Number 247,208 In 9th Judicial District Court For The Parish Of Rapides, Division “G”, State of Louisiana.
January 6, 2017burld
29
Oct2016
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, 2016burld