Engaged by defense counsel as their Flood Insurance expert. Case required analysis of NFIP regulations and flood insurance rating for 23 lots deemed to be in FIRM Zone AE following FEMA flood zone map revisions. Claim included allegations by homebuilder of lost property values due to Inverse Condemnation based on FEMA’s revised Flood Insurance Rate Maps. Attorney Mike Shaunessy – McGinnis Lochridge & Kilgore, LLP (512) 495-6061. Woodlake v. Guadalupe County; Cause No. 11-1270-CV In The District Court Of Guadalupe County, Texas, 25th Judicial District.
Category: Property
08
May2015
Engaged by agent’s defense counsel as their designated expert for Agents Errors & Omissions and Insurance Bad Faith. Case involved Property and Business Income Insurance written on a Surplus Lines basis. Dispute resulted from hailstorm claims adjusted on a Per Location/Per Occurrence Wind and Hail deductibles basis. Hipoint v. Pathfinder, et al, Case No. Case No.5: 13-cv-687-D In The United States District Court For The Western District of Oklahoma. Attorney Jim Secrest, Secrest Hill Butler & Secrest, PC (918) 494-5905
May 8, 2015burld
23
Jan2015
Engaged by plaintiff counsel to evaluate Agents Errors & Omissions and Bad Faith issues from a Commercial Property policy cancellation. Litigation resulted from a premium finance company failing to notify the mortgagee of policy cancelation for nonpayment, followed by a total windstorm loss to an apartment complex. Case required analysis of insurance industry standards for completing ACORD form applications and Certificates of Insurance. Attorney Grady Terrill, Craig, Terrill, Hale, & Grantham, L.L.P. (806) 744-3232. First Bank & Trust v. Guide One & AREA Insurance; Cause No. 2013-508,134 In The 237th District Court of Lubbock County, Texas.
January 23, 2015burld
10
Nov2014
Engaged by counsel defending allegations of Agents Errors & Omissions for “failure to procure”. The case required evaluation of Homeowners insurance underwriting standards for Replacement Cost vs. Actual Cash Value policies. Attorney Samantha Horner (816) 979-1522, Case Linden P.C. Blow v. Fairchild Insurance Services, Case No. 14CV31 In The District Court of Pottawatomie County, Kansas.
November 10, 2014burld
10
Sep2014
Engaged by policyholder counsel as their Homeowners Insurance Expert to review allegations of bad faith claims handling resulting from total denial of a theft loss. Case involved contrasting coverage and valuation issues for contents insured as personal property or under inland marine fine arts coverage. Attorney Ned Pillersdorf (606) 886-6090, Pillersdorf, DeRossett and Lane. Dye vs. Kentucky Farm Bureau Insurance Company; Floyd Circuit Court, Civil Action No. 13-CI-529
September 10, 2014burld
24
Jul2014
Engaged as consulting expert by counsel defending against allegations of Agent Errors & Omissions. Case involved client expectations of coverage for “business risk tax liability”. Claim was denied under Commercial General Liability, Property and Inland Marine policies. Boat Town v. Belter Insurance Agency; Cause No. D-1-GN-10-003327 In The District Court of Travis County, Texas, 53rd Judicial District. Attorney Darrell Cockcroft, Thompson Coe Cousins & Irons, LLP (512) 703-5094.
July 24, 2014burld
19
Jun2014
Engaged by counsel defending allegations of bad faith for both Managing General Agent E&O and carrier claims handling practices. Dispute resulted from denial of ‘Well Out of Control’ and pollution claims from a ‘plugged & abandoned well’ fluids release. Case required analysis of an Energy Exploration & Development policy relative to first party property and third party pollution liability coverage. Denbury Resources v. Lloyds of London, et al; Cause No. 2012-10397 In The District Court of Harris County, Texas, 270th Judicial District. Attorneys Bart Hall and Jonathan Womack, Phelps Dunbar LLP (504) 566-1311.
June 19, 2014burld
02
Jun2014
Engaged by defense counsel to analyze allegations of Agents Errors & Omissions for “failure to assess and update” and “underinsured” values on a Homeowners policy. The dispute resulted following a total loss during the 2011 Bastrop, TX fires. Case involved knowledge of agent standard of care relative to duty of inquiry. Attorney Brad Douglas (512) 807-2474, Naman Howell Smith & Lee, PLLC. Rizk v. Koehler-Barton Insurance Agency; Cause No. 28,787 In the District Court of Bastrop County, Texas, 335th Judicial District
June 2, 2014burld
01
Oct2013
Engaged by defense counsel for Surplus Lines broker as their Agent Errors & Omissions and Insurance Bad Faith expert. Case required analysis of Property, Flood Insurance and Business Income claims issues relative to Statements of Value, Margin Clauses and Scheduled vs. Blanket policies. Litigation resulted from disputed values during flood claim settlement. Attorneys David Clark and Jack Urquhart, Beirne, Maynard, & Parsons, LLP (713) 623-0887. Menard v. Wells Fargo and Swett & Crawford; Civil Action No. 10-cv-7592, State of Wisconsin Circuit Court Milwaukee County.
October 1, 2013burld
01
Jul2013
Engaged by defense counsel as their Flood Insurance and Agent’s Errors & Omissions expert. Case required analysis of Insurance Bad Faith allegations resulting from claim denial for Flood Zone A locations. Claim included loss of Property and Business Income under an Inland Marine policy form. Attorney Tom Cooper, Pignato, Cooper, Kolker, & Roberson, P.C. (405) 606-3333. Coast to Coast Power Sports v. Robert Bates Agency, et al; Case No. CJ-2012-03555 In The District Court In And For Tulsa County, Oklahoma.
July 1, 2013burld