Retained by counsel defending against a third-party landlord’s allegations of Agents Errors & Omissions and Insurance Bad Faith for ‘failure to procure’ additional insured status. Policyholder’s landlord alleged reliance on being a Certificate Holder on ACORD Certificates of Liability Insurance as grounds for being an additional insured under policyholder’s Commercial General Liability and Environmental Liability policies. Engagement required analysis of insurance requirements in the lease, scope of coverage for additional insureds and/or whether landlord ever requested being added as an additional insured. Landlord’s allegations also included Business Income Loss of Rents during site cleanup. HLT v. AssuredPartners, Case No. 1:18-cv-00045-RP, In The United States District Court For The Western District of Texas, Austin Division. Attorney Lisa Yerger, Macdonald Devin P.C. (214) 499-5116
Claims Made Liability Insurance Expert Witness Cases
January 12, 2019Don Hirsch
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
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
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
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
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
Retained as a Professional Liability Expert to analyze issues of Insurance Bad Faith and Claims Made policies for Real Estate Brokers & Agents professional liability. Haynes v. Griffin, et al Cause No. 08-13312-G, 134th State District Court of Dallas County, TX. Plaintiff counsel Nathan Ziegler, (806) 765-8801.
May 1, 2009burld
Retained as plaintiff counsel’s Insurance expert to provide analysis and opinions regarding Agent Errors & Omissions and Insurance Bad Faith. Case issues involved placement of Claims Made Medical Malpractice insurance and Agent Standard of Care to advise when advising clients of Professional Liability market conditions. during insurance placement. Attorney Michael Hance, Franklin & Hance, PSC (502) 637-6000. Leslie Hill, M.D. v. SCW Agency, et al. Case No. 04-CI-07409 in Jefferson Circuit Court, Division 10, Commonwealth of Kentucky.
May 1, 2007burld
Engaged by insurance carrier as Agent Errors & Omissions, Commercial General Liability and Professional Liability Insurance expert. Dispute arose from late notice of claim under both Occurrence form and Claims Made policies. Attorney Carol Keough – Coats Rose Yale Ryman Lee (713) 653-7372; REO vs. Zurich American Insurance Co., et al. Cause No. C-1739-01-CA (Severed cause); in The 139th J.D. Court, Hidalgo County, Texas.
February 1, 2006burld