Retained by policyholder counsel as an insurance expert witness to review insurance industry standards of care for claims reporting under Claims-Made policy form relative to Agents Errors and Omissions. Despite clear indications of a pending claim from a flawed acid wash facial treatment, the agent neglected to notify the carrier and further had the insured falsify renewal application information. Attorneys Brady Rife and Paul Belcher, Stephenson Rife, LLP (317) 593-4648. Krambeck v. All Insurance Services, LLC, Cause No. 49D01-2007-PL024354 Indiana Commercial Court In The Marion County Superior Court.
Category: Professional Liability (Error & Omission)
08
May2021
Engaged by policyholder counsel to review Insurance Agent Errors and Omissions standards of care for placing Commercial General Liability and/or Professional Liability coverage. Agent failed to recognize and address Advertising Injury exposures created by operations of the real estate firm policyholder which provided advertising and marketing services to developers and real estate entities. When policyholder was sued for “copyright Infringement” the claim was denied based on the Advertising Injury exclusion. Attorneys Andrea DeField and Austin Priddy, Hunton Andrews Kurth, LLP, (305) 810-2500. Urban Living v. ISB Insurance Services, Case No. 202055546 In The 55th Judicial District Court of Harris County, Texas.
May 8, 2021David Deering
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, 2018Don Hirsch
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, 2018Don Hirsch
16
Jun2017
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.
June 16, 2017Don Hirsch
04
Jul2016
Engaged by policyholder counsel to analyze coverage grants and claim denial under a Directors & Officers Liability policy. Engagement required analysis of Professional Liability exposure from litigation resulting from a client’s telemarketing services subcontracted to a third party as well as potential late reporting under Claims Made coverage forms. Attorney Scott Mager, Mager Paruas, LLC (954) 763-2800. Desai, et al v. ADT Security Services, Inc. v. The Elephant Group, Inc., et al v. Direct Savings USA, LLC; Case No. 1:11-cv-1925, United States District Court Northern District of Illinois Eastern Division.
July 4, 2016Don Hirsch
06
May2015
Engaged by defense counsel to opine regarding Agent Errors & Omissions relative to placement of a Broker-Dealer/Registered Investment Advisor(s) Professional Liability policy. Case involved evaluation of coverage afforded a named insured vs. additional insured, Surplus Lines, and Claims Made issues. Claims stemming from a Registered Investment Advisor’s fraudulent investment activities and subsequent conviction were denied by carrier which resulted in an Insurance Bad Faith claim against the agent. Onyx v. Indian Harbor, CalSurance, et al; Civil Action No. 3:13-CV-03426-P In The United States District Court For The Northern District of Texas, Dallas Division. Attorney Blake Bailey, Phelps Dunbar LLP, (817) 488-3134.
May 6, 2015burld
03
Feb2012
Consulting expert engaged by counsel for carrier and surplus lines agent pursuing recovery from retail agent. Case involved placement issues for a Food Borne Illness policy covering Trade Name Restoration, Loss of Business Income and Incident Response. Following claim denial for an E-coli outbreak, litigation resulted from retail agent’s “failure to disclose material terms” to restaurant franchisees enrolled under a Master policy. Lloyds and Professional Liability Insurance Services v. IMA of Kansas; Cause no. D-1-GN-10-004172 In District Court of Travis County, Texas, 353rd Judicial District. Attorney Christopher White, Lewis Brisbois Bisgaard & Smith LLP (214) 722-7100.
February 3, 2012burld
01
Feb2012
Engaged by carrier as Claims Made and Reported Professional Liability Insurance expert. Case involved late notice of claim and required expertise with Agents Errors & Omissions, Commercial General Liability (including Pollution Liability) and Commercial Umbrella. Environmental Analytics, Inc. v. Chartis Claims, Inc., et al. Cause No. 2010-42050; In The 234th J.D. Court Harris County, Texas. Attorneys Tim Kilgore and Dan Lynn, Jackson & Campbell, PC (202) 457-1632.
February 1, 2012burld
01
Oct2009
Retained by counsel for physician seeking claim payment under his Professional Liability policy. Case required expertise in Claims Made medical malpractice Liability Insurance, Workers Compensation and Insurance Bad Faith. Lowe vs. TMLT, Cause No. 348-223452-07; 348th Judicial District Court of Tarrant County, Texas. Attorney Bill Kirkman – Bourland & Kirkman, LLP (817) 336-2800.
October 1, 2009burld