# Burl Daniel - Insurance Expert Witness > A WordPress-powered website. Language: en URL: https://www.burldaniel.com/ All pages on this site are available as clean Markdown by adding the header `Accept: text/markdown` to any HTTP request. REST API: https://www.burldaniel.com/wp-json/mescio-for-agents/v1/markdown?url={page_url} ## Pages - [Directors & Officers Liability Insurance Expert Witness Cases](https://www.burldaniel.com/directors-officers-liability-insurance-expert-witness-cases/) - [Business Interruption/Business Income Insurance Expert Witness Cases](https://www.burldaniel.com/business-interruptionbusiness-income-insurance-expert-witness-cases/) - [Property Insurance Expert Witness Cases](https://www.burldaniel.com/property-insurance-expert-witness-cases/) - [Insurance Bad Faith Expert Witness Cases](https://www.burldaniel.com/insurance-bad-faith-expert-witness-cases/) - [Insurance Expert Witness Cases](https://www.burldaniel.com/insurance-expert-witness-cases/) - [Insurance Expert Witness Expertise](https://www.burldaniel.com/insurance-expert-witness-expertise/) - [Insurance Expert Witness Burl Daniel’s Curriculum Vitae](https://www.burldaniel.com/insurance-expert-witness-curriculum-vitae/) - [Contract Surety Bonding](https://www.burldaniel.com/construction-contractors/contract-surety-bonding/) - [Construction / Contractors](https://www.burldaniel.com/construction-contractors/) - [Personal Umbrella Insurance Expert Witness](https://www.burldaniel.com/personal-umbrella-insurance-expert-witness/) - [Homeowner’s Insurance Expert Witness](https://www.burldaniel.com/homeowners-insurance-expert-witness/) - [Flood Insurance Expert Witness Cases](https://www.burldaniel.com/flood-insurance-expert-witness-cases/) - [Inland Marine Insurance Expert Witness Cases](https://www.burldaniel.com/inland-marine-insurance-expert-witness-cases/) - [Commercial Ocean Marine Insurance Expert Witness Cases](https://www.burldaniel.com/commercial-ocean-marine-insurance-expert-witness-cases/) - [Workers Compensation Expert Witness Cases](https://www.burldaniel.com/workers-compensation-expert-witness-cases/) - [Professional Liability / Errors & Omissions Insurance Expert Witness Cases](https://www.burldaniel.com/professional-liability-errors-omissions-insurance-expert-witness-cases/) - [Claims Made Liability Insurance Expert Witness Cases](https://www.burldaniel.com/claims-made-liability-insurance-expert-witness-cases/) - [Commercial Umbrella / Excess Liability Expert Witness Cases](https://www.burldaniel.com/commercial-umbrella-excess-liability-expert-witness-cases/) - [Pollution / Environmental Liability Insurance Expert Witness Cases](https://www.burldaniel.com/pollution-environmental-liability-insurance-expert-witness-cases/) - [Product / Completed Operations Liability Insurance Expert Witness Cases](https://www.burldaniel.com/product-completed-operations-liability-insurance-expert-witness-cases/) - [Commercial Auto Liability Insurance Expert Witness Cases](https://www.burldaniel.com/commercial-auto-liability-insurance-expert-witness-cases/) - [Commercial General Liability Insurance Expert Witness Cases](https://www.burldaniel.com/commercial-general-liability-insurance-expert-witness-cases/) - [Crime Insurance / Fidelity Bonds Expert Witness Cases](https://www.burldaniel.com/crime-insurance-fidelity-bonds-expert-witness-cases/) - [Boiler & Machinery/Equipment Breakdown Insurance Expert Witness Cases](https://www.burldaniel.com/boiler-machineryequipment-breakdown-insurance-expert-witness-cases/) - [Personal Auto Insurance Expert Witness](https://www.burldaniel.com/personal-auto-insurance-expert-witness/) - [Personal Lines Expert](https://www.burldaniel.com/personal-lines-expert/) - [Excess & Surplus Lines Insurance Expert Witness](https://www.burldaniel.com/excess-and-surplus-lines-insurance-expert-witness/) - [Commercial Ocean Marine Insurance Expert Witness](https://www.burldaniel.com/commercial-ocean-marine-insurance-expert-witness/) - [Inland Marine Insurance Expert Witness](https://www.burldaniel.com/inland-marine-insurance-expert-witness/) - [Flood Insurance Expert Witness](https://www.burldaniel.com/flood-insurance-expert-witness/) - [Business Income Insurance Expert Witness](https://www.burldaniel.com/business-interruption-insurance-expert-witness/) - [Property Insurance Expert Witness](https://www.burldaniel.com/property-insurance-expert-witness/) - [Property Insurance Expert](https://www.burldaniel.com/property/) - [Insurance Bad Faith Expert Witness](https://www.burldaniel.com/insurance-bad-faith-expert-witness/) - [Standard of Care Expert](https://www.burldaniel.com/standard-of-care/) - [Agents Errors and Omissions Insurance Expert Witness](https://www.burldaniel.com/insurance-agents-errors-and-omissions-expert-witness/) - [Insurance Agents Errors and Omissions Expert Witness Cases](https://www.burldaniel.com/agents-errors-and-omissions-expert-witness-cases/) - [Boiler Machinery Equipment Breakdown Insurance Expert Witness](https://www.burldaniel.com/boiler-machinery-equipment-breakdown-insurance-expert-witness/) - [Crime Insurance Fidelity Bonds Insurance Expert Witness](https://www.burldaniel.com/crime-insurance-fidelity-bonds-insurance-expert-witness/) - [Liability Insurance Expert Witness](https://www.burldaniel.com/liability-insurance-expert-witness/) - [Employment Practices Liability Insurance Expert Witness](https://www.burldaniel.com/employment-practices-liability-insurance-expert-witness/) - [Directors & Officers Liability Insurance Expert Witness](https://www.burldaniel.com/directors-officers-liability-insurance-expert-witness/) - [Worker’s Compensation Insurance Expert Witness](https://www.burldaniel.com/workers-compensation-insurance-expert-witness/) - [Professional Liability Errors & Omissions Insurance Expert Witness](https://www.burldaniel.com/professional-liability-errors-omissions-liability-insurance-expert-witness/) - [Claims Made Liability Insurance Expert Witness](https://www.burldaniel.com/claims-made-liability-insurance-expert-witness/) - [Commercial Umbrella / Excess Liability Insurance Expert Witness](https://www.burldaniel.com/commercial-umbrella-excess-liability-insurance-expert-witness/) - [Pollution Environmental Liability Insurance Expert Witness](https://www.burldaniel.com/pollution-environmental-liability-insurance-expert-witness/) - [Product Completed Operations Liability Insurance Expert Witness](https://www.burldaniel.com/product-completed-operations-liability-insurance-expert-witness/) - [Commercial Auto Liability Insurance Expert Witness](https://www.burldaniel.com/commercial-auto-liability-insurance-expert-witness/) - [Commercial General Liability Insurance Expert Witness](https://www.burldaniel.com/commercial-general-liability-insurance-expert-witness/) ## Blog Posts - [April 2025](https://www.burldaniel.com/april-2025/) (2025-11-03): Engaged by plaintiff counsel to opine on suitability, coverage availability, and premium range of Employment Practices Liability for a home services company.  Dispute involved former CEO who failed to procure coverage, then sued her employer after termination for cause.  House - [February 2025](https://www.burldaniel.com/february-2025-2/) (2025-11-03): Engaged by policyholder counsel to review and opine on Insurance Bad Faith claims handling for a Homeowners policy wind/hail loss.  Carrier’s inspection report created contradictions in stating “No storm damage” but attached pictures citing “Storm damage caused by Hail”.  Case - [February 2025](https://www.burldaniel.com/february-2025/) (2025-11-03): Engaged by policyholder counsel to analyze Insurance Bad Faith claims handling for a hailstorm loss under a Homeowners policy.  Dispute involved carrier reticence to understand when resulting water damage had occurred.  Olson v. Esurance, Civil Action No. 2024-CV-30899 In Adams - [What Is an Insurance Expert Witness?](https://www.burldaniel.com/what-is-an-insurance-expert-witness/) (2025-07-31): Learn what is an insurance expert witness and their critical role in litigation. Discover how insurance expert witnesses provide specialized testimony on coverage disputes, bad faith claims, and industry standards. - [September 2024](https://www.burldaniel.com/september-2024/) (2024-09-01): Engaged by plaintiff’s counsel to review allegations of bad faith claims handling for a total loss collision.  The insurance carrier agreed to pay the loss then changed positions.  Attorney Eric Bensamochan, The Bensamochan Law Firm Inc.  (818) 574-5740, Steel v. - [July 2024](https://www.burldaniel.com/july-2024-3/) (2024-07-03): Engaged by plaintiff’s counsel to evaluate carrier’s investigation and claims handling conduct following a building collapse loss.  Case included issues of potential vacancy and severely underinsured building values despite agent’s inspection, Replacement Cost calculations, and notice from the underwriter of - [July 2024](https://www.burldaniel.com/july-2024-2/) (2024-07-01): Engaged by plaintiff counsel to review and analyze Insurance Bad Faith allegations regarding an automobile accident that resulted in major bodily injuries.  Insurance carrier was insurer for both parties involved in the accident.  Settlement offer for plaintiff was deemed woefully - [July 2024](https://www.burldaniel.com/july-2024/) (2024-07-01): Engaged by plaintiff’s counsel as a consulting expert to review case documents and render a rebuttal report regarding a building collapse that was the result of sources hidden from view and unknown to plaintiff.  Defendant denied claim causing the dispute - [June 2024](https://www.burldaniel.com/june-2024-3/) (2024-06-03): Engaged by defense counsel of three carriers to evaluate allegations of bad faith claims handling under a large property coverage tower.  Coverage provided by the three carriers would not attach until hail damage to Lubbock public schools exceeded $50,000,000.  The - [June 2024](https://www.burldaniel.com/june-2024-2/) (2024-06-02): Engaged by policyholder counsel to provide analysis of water loss versus flood perils after a fire hydrant was damaged during snow removal, causing extensive water damage to two houses.  Dispute resulted after carrier erroneously denied the water damage claims citing - [June 2024](https://www.burldaniel.com/june-2024/) (2024-06-01): Retained by policyholder counsel to opine on carrier claims handling custom and practice.  Dispute arose from inordinately long carrier delays during claim investigation.  Claim involved a roof collapse from heavy snowstorms at insured’s vacation home, and subsequent carrier failures to - [May 2024](https://www.burldaniel.com/may-2024-2/) (2024-05-30): Engaged by counsel defending a Surplus Lines Brokers against allegations of improper procurement of a Warehouseman’s Legal Liability (bailee’s) policy.  The Surplus Lines Broker had placed the coverage requested by the agent.  Dispute arose following carrier claim denial for a - [May 2024](https://www.burldaniel.com/may-2024/) (2024-05-30): Engaged by wholesale intermediary’s defense counsel to assess placement issues for surplus lines Warehouseman’s Legal Liability insurance. Dispute arose following carrier’s denial of a fire loss to goods stored at a warehouseman’s location. Attorney Joe Campo, Lewis Brisbois Bisgaard & - [April 2024](https://www.burldaniel.com/april-2024-2/) (2024-04-02): Engaged by defense counsel to assess plaintiff’s valuation of Workers Compensation subrogation claims against Commercial Auto and Umbrella policies resulting from a fatality trucking accident.  The valuation process was complicated by plaintiff’s Workers Compensation being structured as a large deductible - [April 2024](https://www.burldaniel.com/april-2024/) (2024-04-01): Engaged by plaintiff’s counsel to analyze allegations of Commercial Auto Insurance Bad Faith claims regarding a multiple fatality motor vehicle accident, including interaction with Hired/Nonowned autos coverage and Workers Compensation.  Plaintiffs were the survivors of one of the deceased. Attorney - [March 2024](https://www.burldaniel.com/march-2024-4/) (2024-03-31): Engaged by carrier’s defense counsel as a consulting expert to analyze issues of alleged Uninsured Motorist Insurance Bad Faith claim handling.  Dispute arose over whether injuries claimed under Uninsured Motorist coverage were due to prior injuries.   Attorney Kelsie Sullivan, Richards & - [March 2024](https://www.burldaniel.com/march-2024/) (2024-03-30): Engaged by carrier’s defense counsel to evaluate homeowners coverage issues and address allegations of insurance bad faith claims handling.  Dispute resulted after a carrier’s denial of a total fire loss to a dwelling (including rental income) insured under a homeowners - [March 2024](https://www.burldaniel.com/march-2024-3/) (2024-03-30): Engaged by policyholder counsel to analyze Agent Errors & Omissions and Insurance Bad Faith claims handling.  Despite specific policyholder requests to agent, one building was severely underinsured and another not listed on the policy when back-to-back windstorms caused extensive damage.  - [March 2024](https://www.burldaniel.com/march-2024-2/) (2024-03-30): Engaged by carrier’s defense counsel to review allegations of Insurance Bad Faith claims handling regarding a dwelling rented to a tenant but covered under a Homeowner policy.  The court held that the carrier properly denied a total fire loss based - [December 2023](https://www.burldaniel.com/december-2023/) (2023-12-30): Engaged by third-party plaintiff counsel to analyze Commercial Auto coverage structure under a tower of carriers insuring a trucking company.  Case involved multiple fatalities and required analysis of which carriers owed the judgment and to which plaintiffs.  Attorney Jeff Richter, - [December 2023](https://www.burldaniel.com/december-2023-2/) (2023-12-15): Carrier defense counsel engagement to evaluate coverage issues for a dwelling total fire loss during Colorado wildfires.  Case required analysis as to whether a surplus lines carrier had any duty relative to setting limits of insurance relative to replacement cost - [November 2023](https://www.burldaniel.com/november-2023/) (2023-11-30): Engaged by policyholder counsel to analyze Pollution Liability coverage and underwriting issues following denial of a bodily injury claim from a carbon monoxide leak.  Engagement required analysis of claims-made renewal underwriting, first party cleanup vs. third party liability, and bad - [October 2023](https://www.burldaniel.com/october-2023/) (2023-10-30): Engaged by defense counsel to address allegations of insurance bad faith for a claim denial under a nursing home professional liability policy.  Claim denial was premised on policyholder’s failure to disclose “circumstances related” to a prior claim on the renewal - [September 2023](https://www.burldaniel.com/september-2023/) (2023-09-30): Engaged by carrier’s defense counsel to analyze allegations of Insurance Bad Faith for carrier actions in revising Workers Compensation class codes to accurately assign payroll to NCCI class codes.  Case required analysis of years of policyholder failing to apply payrolls - [August 2023](https://www.burldaniel.com/august-2023/) (2023-08-30): Engaged by carrier’s defense counsel to analyze claims handling of an Underinsured Motorist claim resulting from a low-speed accident.  The claim was complicated by the policyholder’s son having his own Personal Auto Policy, reporting the injury 5 months after the - [July 2023](https://www.burldaniel.com/july-2023/) (2023-07-30): Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder.  The policyholder had - [May 2023](https://www.burldaniel.com/may-2023/) (2023-05-30) - [March 2023](https://www.burldaniel.com/march-2023/) (2023-03-30) - [February 2023](https://www.burldaniel.com/february-2023-2/) (2023-02-28): Engaged by counsel for receiver/policyholder to evaluate Commercial General Liability and Pollution Liability relative to Insurance Bad Faith claims handling under 1980s policies with no pollution exclusions.  The case was complicated by overlay of workers compensation coverage, contractual liability, and - [February 2023](https://www.burldaniel.com/february-2023/) (2023-02-28) - [January 2023](https://www.burldaniel.com/january-2023/) (2023-01-30): Engaged by policyholder counsel seeking recovery for construction defect claims resulting from installation of faulty pipe under the Houston Ship Channel. Case required contrasting coverage analysis of contractor’s Commercial General Liability versus manufacturer’s Products Liability, plus Insurance Bad Faith relative - [December 2022](https://www.burldaniel.com/december-2022/) (2022-12-30) - [November 2022](https://www.burldaniel.com/november-2022/) (2022-11-30) - [August 2022](https://www.burldaniel.com/august-2022/) (2022-08-28): Engaged by plaintiff’s counsel to analyze Insurance Bad Faith claims handling relative to a drilling company after its transition to self-insured and Workers Compensation coverage (previously provided by its PEO) and Commercial General Liability.  Carrier provided the initial Excess Workers - [June 2022](https://www.burldaniel.com/june-2022/) (2022-06-30) - [June 2022](https://www.burldaniel.com/june-2022-2/) (2022-06-15): Engaged by defense counsel to evaluate carrier’s investigation and claims handling conduct for a loss under a Financial Institution Crime policy.  The dispute resulted after a claim for loan losses was denied based on the loss not resulting from employee - [April 2022](https://www.burldaniel.com/april-2022/) (2022-04-30): Engaged by policyholder counsel to analyze and opine bad faith claims handling issues under a homeowners policy.  Dispute arose following a substantial water loss, inept remediation efforts, and lengthy delays in adjusting the claim.  Attorney Tom Anderson, Thomson, Rhodes & - [March 2022](https://www.burldaniel.com/march-2022-2/) (2022-03-30) - [March 2022](https://www.burldaniel.com/march-2022/) (2022-03-30) - [February 2022](https://www.burldaniel.com/february-2022/) (2022-02-28) - [January 2022](https://www.burldaniel.com/january-2022/) (2022-01-08) - [December 2021](https://www.burldaniel.com/december-2021/) (2021-12-30) - [November 2021](https://www.burldaniel.com/november-2021/) (2021-11-30) - [October 2021](https://www.burldaniel.com/october-2021/) (2021-10-30) - [September 2021](https://www.burldaniel.com/september-2021/) (2021-09-30) - [July 2021](https://www.burldaniel.com/july-2021/) (2021-07-01) - [June 2021](https://www.burldaniel.com/june-2021/) (2021-06-30) - [June 2021](https://www.burldaniel.com/june-2021-2/) (2021-06-28) - [May 2021](https://www.burldaniel.com/may-2021/) (2021-05-08) - [April 2021](https://www.burldaniel.com/april-2021/) (2021-04-30) --- # Full Content --- title: "April 2025" url: "https://www.burldaniel.com/april-2025/" lang: "en-US" type: "post" description: "Engaged by plaintiff counsel to opine on suitability, coverage availability, and premium range of Employment Practices Liability for a home services company.  Dispute involved former CEO who failed to procure coverage, then sued her employer after termination for cause.  House" last_modified: "2025-11-03T20:22:10+00:00" categories: [Employment Practices Liability] custom_fields: env_titlebar: 1 --- # April 2025 Engaged by plaintiff counsel to opine on suitability, coverage availability, and premium range of Employment Practices Liability for a home services company.  Dispute involved former CEO who failed to procure coverage, then sued her employer after termination for cause.  House Ninja v. Burkholder, Case No.: 1:2023cv01079 United States District Court for the Western District of Texas.  Attorney Jeffrey Kass, Dickinson Wright PLLC (303) 723-8403. --- --- title: "February 2025" url: "https://www.burldaniel.com/february-2025-2/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel to review and opine on Insurance Bad Faith claims handling for a Homeowners policy wind/hail loss.  Carrier’s inspection report created contradictions in stating “No storm damage” but attached pictures citing “Storm damage caused by Hail”.  Case" last_modified: "2025-11-03T20:22:10+00:00" categories: [Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # February 2025 Engaged by policyholder counsel to review and opine on Insurance Bad Faith claims handling for a Homeowners policy wind/hail loss.  Carrier’s inspection report created contradictions in stating “_No storm damage_” but attached pictures citing “_Storm damage caused by Hail_”.  Case required analyzing hail data to determine the probable date of loss.  Gulinson v. USAA, Civil Action 1:24-cv-01935-PAB In United States District Court for the District of Colorado.  Attorney Johnny Williams, Morgan Law Group (303) 357-9052. --- --- title: "February 2025" url: "https://www.burldaniel.com/february-2025/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel to analyze Insurance Bad Faith claims handling for a hailstorm loss under a Homeowners policy.  Dispute involved carrier reticence to understand when resulting water damage had occurred.  Olson v. Esurance, Civil Action No. 2024-CV-30899 In Adams" last_modified: "2025-11-03T20:22:10+00:00" categories: [Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # February 2025 Engaged by policyholder counsel to analyze Insurance Bad Faith claims handling for a hailstorm loss under a Homeowners policy.  Dispute involved carrier reticence to understand when resulting water damage had occurred.  Olson v. Esurance, Civil Action No. 2024-CV-30899 In Adams County District Court State of Colorado. Attorney Johnny Williams, Morgan Law Group (303) 357-9052. --- --- title: "What Is an Insurance Expert Witness?" url: "https://www.burldaniel.com/what-is-an-insurance-expert-witness/" lang: "en-US" type: "post" description: "Learn what is an insurance expert witness and their critical role in litigation. Discover how insurance expert witnesses provide specialized testimony on coverage disputes, bad faith claims, and industry standards." last_modified: "2025-11-03T20:22:10+00:00" categories: [Article] custom_fields: env_titlebar: 1 --- # What Is an Insurance Expert Witness? The insurance industry has become increasingly complex, with policies, regulations, and claims processes that often require specialized interpretation in legal proceedings. When insurance disputes arise, courts frequently turn to insurance expert witnesses to help navigate these intricate matters. Understanding what is an insurance expert witness and their role in litigation is essential for attorneys, insurers, and policyholders involved in insurance-related legal proceedings. ## Understanding the Role of an Insurance Expert Witness An **insurance expert witness** is a highly qualified professional who possesses extensive knowledge and specialized expertise in various aspects of the insurance industry. These professionals serve as subject matter experts who can provide testimony, opinions, and analysis in court proceedings involving complex insurance related matters. Their primary function is to help judges, juries, and attorneys understand technical insurance concepts, industry practices, and regulatory requirements that may be central to a case. Insurance expert witnesses bridge the gap between complex insurance industry knowledge and legal understanding. They translate technical insurance terminology, explain industry standards, and provide context for insurance policies, claims handling procedures, and coverage disputes. Their expertise becomes particularly valuable when cases involve intricate policy language, disputed coverage interpretations, or allegations of bad faith practices. The role of an insurance expert witness extends beyond simple testimony. They conduct thorough analyses of insurance policies, review medical records when relevant, examine claims handling practices, and evaluate whether insurance companies have adhered to industry standards and professional standards. This comprehensive approach ensures that all parties in legal proceedings have access to accurate, professional insights into insurance-related matters. ## Types of Insurance Expert Witnesses and Their Specializations The insurance industry encompasses numerous specialized areas, each requiring specific expertise. Insurance expert witnesses typically specialize in particular types of insurance coverage, allowing them to provide detailed insights into their areas of expertise. ### Property and Casualty Insurance Experts Property insurance experts focus on coverage disputes involving real estate, personal property, and related risks. These professionals understand the intricacies of property casualty insurance policies, including coverage limits, exclusions, and valuation methods. They frequently provide testimony in cases involving property damage claims, construction defects, and natural disaster-related losses. Casualty insurance experts specialize in liability coverage, examining cases involving personal injury, professional liability, and general liability claims. Their expertise proves invaluable in determining coverage applicability, analyzing risk management practices, and evaluating the reasonableness of claims handling procedures. ### Professional Liability Insurance Specialists Professional liability insurance experts possess deep knowledge of coverage for professionals such as doctors, lawyers, architects, and consultants. These insurance expert witnesses understand the unique risks faced by various professions and can provide testimony on professional liability policies, medical malpractice coverage, and errors and omissions insurance. Their expertise extends to analyzing professional standards within specific industries, evaluating whether alleged professional misconduct falls within policy coverage, and assessing the adequacy of risk management practices implemented by professional service providers. ### Health and Medical Insurance Experts Health insurance and medical insurance experts specialize in healthcare coverage disputes, managed care practices, and disability insurance claims. These professionals understand the complex relationships between healthcare providers, insurance companies, and patients, making them valuable resources in litigation involving medical claims disputes. Their expertise includes analyzing medical records, understanding insurance regulations specific to healthcare, and evaluating whether insurance companies have properly handled health-related claims. They can also provide insights into managed care practices and long term care insurance coverage issues. ### Commercial Insurance Specialists Commercial insurance experts focus on business-related coverage, including general liability, professional liability, property coverage for commercial entities, and specialized business insurance products. These insurance expert witnesses understand the unique risks faced by businesses and the insurance products designed to address those risks. Their expertise proves particularly valuable in complex disputes involving large commercial policies, business interruption claims, and lost profits calculations. They can evaluate whether insurance companies have properly assessed commercial risks and handled business-related claims according to industry standards. ## The Critical Importance of Insurance Expert Witnesses in Litigation Insurance expert witnesses play an essential role in ensuring fair and informed legal proceedings. Their specialized knowledge becomes crucial when cases involve technical insurance concepts that may be difficult for legal professionals and juries to understand without expert guidance. ### Clarifying Complex Insurance Policies Insurance policies often contain complex language, exclusions, and conditions that require professional interpretation. Insurance expert witnesses can explain policy provisions in clear, understandable terms, helping courts determine the intended scope of coverage. Their expertise proves particularly valuable when disputes arise over ambiguous policy language or when parties disagree about coverage applicability. These professionals can analyze policy structure, compare industry standard policy forms, and explain how specific provisions should be interpreted within the context of insurance industry practices. Their testimony helps ensure that policy interpretations align with established industry standards and regulatory requirements. ### Evaluating Claims Handling Practices Insurance expert witnesses frequently examine claims handling procedures to determine whether insurance companies have acted in good faith. They evaluate whether insurers have followed proper claims practices, conducted adequate investigations, and made reasonable coverage determinations. Their analysis includes reviewing claims files, examining communication between insurers and policyholders, and assessing whether claims handling procedures comply with industry standards and insurance regulations. When bad faith claims arise, these experts can provide crucial testimony about reasonable claims handling expectations and whether insurance companies have met their obligations to policyholders. ### Providing Industry Context and Standards Insurance expert witnesses bring valuable industry perspective to legal proceedings. They can explain how insurance companies typically handle similar claims, what constitutes reasonable industry practices, and how specific situations should be evaluated within the context of insurance industry norms. Their testimony helps courts understand whether insurance company actions align with accepted industry practices and professional standards. This context proves essential in determining whether insurers have acted reasonably and in accordance with their contractual and regulatory obligations. ## Qualifications and Expertise Requirements ### What Qualifies a Person as an Expert Witness? To serve as an insurance expert witness, professionals must demonstrate extensive knowledge and experience in relevant areas of the insurance industry. Courts typically require expert witnesses to possess specialized knowledge that exceeds that of ordinary individuals and that will assist the court in understanding complex issues. Insurance expert witnesses generally possess advanced education in fields such as business, finance, economics, or risk management, combined with substantial practical experience in the insurance industry. Many have worked as insurance agents, insurance brokers, underwriters, claims adjusters, or insurance company executives, providing them with comprehensive understanding of insurance operations. Professional credentials also enhance an expert witness’s qualifications. Many insurance expert witnesses hold professional designations such as Chartered Property Casualty Underwriter (CPCU), Associate in Risk Management (ARM), or Certified Insurance Counselor (CIC). These credentials demonstrate commitment to professional development and adherence to industry standards. The legal system also requires expert witnesses to demonstrate their ability to communicate complex concepts clearly and objectively. Insurance expert witnesses must be able to explain technical insurance matters in terms that judges and juries can understand, while maintaining professional objectivity and credibility. ### Specialized Knowledge Areas Insurance expert witnesses typically develop expertise in specific areas of insurance practice. This specialization allows them to provide detailed, authoritative testimony on complex insurance related matters within their areas of focus. Some experts specialize in underwriting practices, providing insights into how insurance companies evaluate risks, set premiums, and make coverage decisions. Others focus on claims handling, offering expertise on proper claims investigation procedures, settlement practices, and regulatory compliance requirements. Risk management experts can provide testimony on appropriate risk assessment methods, loss prevention strategies, and the adequacy of risk management programs. Their expertise proves valuable in cases involving allegations that inadequate risk management contributed to losses or claims. ## The Expert Witness Process in Insurance Litigation ### Initial Case Evaluation and Engagement When law firms require insurance expertise for litigation, they typically begin by identifying the right expert witness for their specific case needs. This process involves evaluating the expert’s qualifications, experience, and track record in similar cases. Insurance expert witnesses conduct initial case evaluations to determine whether they can provide valuable assistance and whether their expertise aligns with the case requirements. This evaluation includes reviewing relevant documents, understanding the disputed issues, and assessing whether their knowledge can contribute meaningfully to the legal proceedings. The engagement process typically involves defining the scope of the expert’s work, establishing timelines for analysis and reports, and ensuring that the expert understands their role in the litigation process. Clear communication between attorneys and insurance expert witnesses ensures that expert analysis addresses the most critical issues in the case. ### Document Review and Analysis Insurance expert witnesses conduct comprehensive reviews of relevant documentation, including insurance policies, claims files, correspondence, medical records when applicable, and other materials pertinent to the case. This thorough analysis forms the foundation for their expert opinions and testimony. During document review, experts examine claims handling procedures, evaluate whether insurance companies followed proper protocols, and assess compliance with industry standards and insurance regulations. They may also analyze policy language, coverage determinations, and settlement offers to determine their reasonableness. The analysis phase often involves comparing the insurance company’s actions to established industry practices and professional standards. Insurance expert witnesses may also conduct qualitative claim auditing to evaluate the thoroughness and appropriateness of claims investigations. ### Expert Reports and Opinions Following their analysis, insurance expert witnesses prepare detailed reports outlining their findings and opinions. These reports serve as the foundation for their testimony and must clearly explain their reasoning, methodology, and conclusions. Expert reports typically include background information about the expert’s qualifications, a summary of materials reviewed, analysis of relevant issues, and clear statements of opinion. The reports must be comprehensive yet accessible, providing sufficient detail to support the expert’s conclusions while remaining understandable to legal professionals and court personnel. Insurance expert witnesses ensure their reports address specific questions posed by the engaging attorneys while maintaining objectivity and professional integrity. The reports become crucial documents in the litigation process and may influence settlement discussions and trial outcomes. ## Common Areas of Insurance Expert Witness Testimony ### Coverage Disputes and Policy Interpretation Coverage disputes represent one of the most common areas where insurance expert witnesses provide testimony. These cases often involve disagreements about whether specific losses fall within policy coverage or whether policy exclusions apply to particular situations. Insurance expert witnesses analyze policy language, examine the circumstances of claimed losses, and provide opinions on coverage applicability. Their expertise helps courts understand industry standard policy forms, the intended meaning of specific provisions, and how coverage should be interpreted within the context of insurance industry practices. In complex commercial policies, insurance expert witnesses may need to explain intricate coverage arrangements, including primary and excess coverage relationships, allocation methods among multiple policies, and coordination of benefits provisions. Their testimony helps ensure that coverage determinations align with policy intentions and industry standards. ### Bad Faith Claims and Allegations Bad faith claims require careful analysis of insurance company conduct and comparison to industry standards for claims handling. Insurance expert witnesses examine whether insurers have fulfilled their obligations to investigate claims promptly, communicate clearly with policyholders, and make reasonable coverage decisions. These experts evaluate claims handling timelines, the adequacy of investigations, the reasonableness of coverage denials, and whether settlement offers reflect fair claim valuations. Their testimony helps courts determine whether insurance companies have acted in good faith or whether their conduct violated established industry practices and professional standards. Bad faith cases often involve complex factual situations requiring detailed analysis of insurance company procedures, decision-making processes, and communication with policyholders. Insurance expert witnesses provide valuable context for evaluating whether insurer conduct meets acceptable industry standards. ### Professional Liability and Malpractice Cases Professional liability cases often require insurance expert witnesses who understand both insurance coverage issues and the professional standards relevant to specific industries. These experts can evaluate whether alleged professional misconduct falls within policy coverage and assess the reasonableness of coverage decisions. In medical malpractice cases, insurance expert witnesses may need to understand both medical insurance coverage and the professional standards applicable to healthcare providers. Their testimony helps courts navigate the intersection between professional liability and insurance coverage issues. Professional liability experts also provide insights into risk management practices, professional standards compliance, and the adequacy of professional liability insurance coverage for specific professions and practice areas. ### Construction and Property Damage Claims Construction defects and property damage claims often involve complex insurance coverage issues requiring specialized expertise. Insurance expert witnesses in these cases must understand construction practices, property insurance coverage, and the unique risks associated with construction projects. These experts analyze property damage claims, evaluate coverage for construction defects, and assess whether insurance companies have properly investigated and handled construction-related claims. Their expertise proves valuable in determining coverage applicability and evaluating the reasonableness of claim valuations. Property damage experts may also provide testimony on lost profits calculations, business interruption coverage, and the adequacy of property insurance limits for specific risks and exposures. ## Compensation and Financial Considerations ### How Much Do Expert Witnesses Get Paid? Expert witness compensation varies significantly based on the expert’s qualifications, experience, case complexity, and geographic location. Insurance expert witnesses typically charge hourly rates for their services, with rates reflecting their level of expertise and the specialized nature of their knowledge. Experienced insurance expert witnesses with extensive credentials and proven track records often command higher hourly rates than those with less experience or fewer qualifications. Rates may also vary depending on the type of work being performed, with testimony typically commanding higher rates than document review or report preparation. Most insurance expert witnesses charge separate rates for different activities, including initial case evaluation, document review, report preparation, deposition testimony, and trial testimony. Travel time and expenses are typically billed separately, and experts may require retainers before beginning work on complex cases. The investment in qualified insurance expert witnesses often proves worthwhile given their ability to clarify complex issues, provide authoritative opinions, and potentially influence case outcomes. Their expertise can help attorneys build stronger cases and may contribute to more favorable settlements or trial results. ### Factors Affecting Expert Witness Fees Several factors influence insurance expert witness compensation levels. The expert’s educational background, professional credentials, and years of industry experience directly impact their market value and charging rates. The complexity of the case also affects compensation, with more complex disputes requiring additional time for analysis, research, and report preparation. Cases involving multiple insurance policies, complex coverage arrangements, or extensive claims files may require significantly more expert time and therefore higher overall costs. Geographic location influences expert witness rates, with experts in major metropolitan areas typically charging higher rates than those in smaller markets. The urgency of case timelines may also affect compensation, with expedited work often commanding premium rates. ## The Value of Insurance Expert Witnesses in Legal Proceedings ### Enhancing Case Understanding and Clarity Insurance expert witnesses provide immense value by translating complex insurance concepts into understandable terms for legal professionals, judges, and juries. Their ability to explain intricate policy provisions, industry practices, and regulatory requirements helps ensure that all parties have access to accurate information necessary for informed decision-making. These professionals help level the playing field in insurance litigation by providing independent, objective analysis of insurance-related issues. Their expertise ensures that complex disputes receive proper consideration of relevant industry standards and professional practices. Insurance expert witnesses also contribute to more efficient legal proceedings by helping attorneys understand the strengths and weaknesses of their cases early in the litigation process. This understanding can lead to more realistic case evaluations and may facilitate settlement discussions. ### Supporting Fair and Informed Outcomes The specialized knowledge provided by insurance expert witnesses helps ensure that legal proceedings result in fair and informed outcomes. Their testimony helps courts understand the technical aspects of insurance coverage, claims handling, and industry practices that may be central to case resolution. By providing objective analysis and professional opinions, insurance expert witnesses help ensure that decisions in insurance litigation reflect accurate understanding of insurance industry practices and standards. Their expertise contributes to outcomes that align with established industry norms and regulatory requirements. Insurance expert witnesses also help protect the rights of all parties involved in insurance disputes by ensuring that complex technical issues receive proper consideration and evaluation within the legal process. ## Selecting the Right Insurance Expert Witness ### Identifying Appropriate Expertise Selecting the right expert witness requires careful consideration of the specific issues involved in each case. Attorneys must identify experts whose knowledge and experience align with the particular insurance coverage, industry practices, and technical issues central to their cases. The expert’s background should match the complexity and subject matter of the case. For example, cases involving commercial property insurance require experts with specific knowledge of commercial property coverage, while professional liability cases need experts familiar with professional liability insurance and relevant professional standards. Law firms should also consider the expert’s communication skills, credibility, and track record in similar cases. The ability to explain complex concepts clearly and maintain professional objectivity under cross-examination represents crucial qualifications for effective expert witness testimony. ### Evaluating Expert Qualifications and Experience Thorough evaluation of potential insurance expert witnesses involves reviewing their educational background, professional credentials, industry experience, and previous testimony experience. Experts should possess relevant academic qualifications combined with substantial practical experience in areas pertinent to the case. Professional credentials and certifications demonstrate commitment to ongoing education and adherence to industry standards. Experts with relevant designations such as CPCU, ARM, or other insurance industry certifications often possess enhanced credibility and expertise. Previous testimony experience and the expert’s reputation within the legal and insurance communities also factor into selection decisions. Experts with proven track records of effective testimony and professional conduct represent valuable additions to legal teams. ## Future Trends in Insurance Expert Witness Practice ### Evolving Insurance Industry Landscape The insurance industry continues to evolve with new products, technologies, and regulatory requirements. Insurance expert witnesses must stay current with these developments to provide relevant, accurate testimony in legal proceedings. Emerging insurance products, such as cyber liability coverage and innovative risk transfer mechanisms, require experts to develop new areas of expertise. The increasing complexity of insurance coverage and claims handling procedures also demands ongoing professional development and education. Insurance expert witnesses who maintain current knowledge of industry trends, regulatory changes, and emerging coverage issues will continue to provide valuable services to the legal community and contribute to fair resolution of insurance disputes. ### Technology’s Impact on Expert Witness Practice Technology continues to transform both the insurance industry and expert witness practice. Digital claims handling, data analytics, and artificial intelligence applications in insurance create new areas where expert testimony may be required. Insurance expert witnesses must understand how technology affects insurance operations, claims handling, and coverage decisions. Their expertise in evaluating technology-driven insurance practices becomes increasingly important as the industry adopts new tools and methodologies. The ability to analyze digital evidence, understand data-driven decision-making processes, and evaluate the reasonableness of technology-assisted insurance practices represents growing areas of expert witness expertise. ## The Essential Role of Insurance Expert Witnesses Insurance expert witnesses serve a critical function in modern litigation involving complex insurance related matters. Their specialized knowledge, extensive experience, and ability to provide testimony on industry standards make them invaluable resources for attorneys, courts, and parties involved in insurance disputes. The expertise provided by qualified insurance expert witnesses helps ensure that legal proceedings involving insurance coverage, claims handling, and industry practices result in fair, informed outcomes. Their contribution to the legal process extends beyond simple testimony to include comprehensive analysis, professional opinions, and clear explanations of complex insurance concepts. As the insurance industry continues to evolve and become increasingly complex, the role of insurance expert witnesses will remain essential in helping legal professionals navigate intricate insurance disputes. Their expertise ensures that all parties have access to accurate, professional insights necessary for fair resolution of insurance-related litigation. When seeking an insurance expert witness for your case, it’s crucial to work with professionals who possess both the technical expertise and litigation experience necessary to provide compelling testimony. Burl Daniel brings decades of insurance industry experience and a proven track record as an expert witness in complex insurance litigation. His comprehensive understanding of insurance coverage, claims practices, and industry standards makes him a valuable resource for attorneys handling challenging insurance disputes. The investment in qualified insurance expert witnesses represents a crucial component of effective legal representation in insurance disputes. Their ability to clarify complex issues, provide authoritative opinions, and explain industry standards contributes significantly to successful case outcomes and fair resolution of insurance litigation. By understanding what is an insurance expert witness and appreciating their vital role in legal proceedings, attorneys, insurers, and policyholders can better navigate the complex landscape of insurance litigation and work toward fair, informed resolution of insurance disputes. With the right expert witness support, legal teams can build stronger cases and achieve more favorable outcomes for their clients. --- --- title: "September 2024" url: "https://www.burldaniel.com/september-2024/" lang: "en-US" type: "post" description: "Engaged by plaintiff’s counsel to review allegations of bad faith claims handling for a total loss collision.  The insurance carrier agreed to pay the loss then changed positions.  Attorney Eric Bensamochan, The Bensamochan Law Firm Inc.  (818) 574-5740, Steel v." last_modified: "2025-11-03T20:22:11+00:00" categories: [Insurance Bad Faith, Personal Auto] custom_fields: env_titlebar: 1 --- # September 2024 Engaged by plaintiff’s counsel to review allegations of bad faith claims handling for a total loss collision.  The insurance carrier agreed to pay the loss then changed positions.  Attorney Eric Bensamochan, The Bensamochan Law Firm Inc.  (818) 574-5740, Steel v. Essentia, Case No. 22STCV03754 Superior Court of the State of California for the County of Los Angeles --- --- title: "July 2024" url: "https://www.burldaniel.com/july-2024-3/" lang: "en-US" type: "post" description: "Engaged by plaintiff’s counsel to evaluate carrier’s investigation and claims handling conduct following a building collapse loss.  Case included issues of potential vacancy and severely underinsured building values despite agent’s inspection, Replacement Cost calculations, and notice from the underwriter of" last_modified: "2025-11-03T20:22:11+00:00" categories: [Agent Errors and Omissions, Business Interruption/Business Income, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 --- # July 2024 Engaged by plaintiff’s counsel to evaluate carrier’s investigation and claims handling conduct following a building collapse loss.  Case included issues of potential vacancy and severely underinsured building values despite agent’s inspection, Replacement Cost calculations, and notice from the underwriter of valuation concerns.  Attorney Jordyn Cartmell, Mansell & Engel (405) 876-4150. LDG v. Western World and Acrisure, Case No.: MGI-2023-CV00042 In United States District Court of Montgomery County State of Kansas. --- --- title: "July 2024" url: "https://www.burldaniel.com/july-2024-2/" lang: "en-US" type: "post" description: "Engaged by plaintiff counsel to review and analyze Insurance Bad Faith allegations regarding an automobile accident that resulted in major bodily injuries.  Insurance carrier was insurer for both parties involved in the accident.  Settlement offer for plaintiff was deemed woefully" last_modified: "2025-11-03T20:22:11+00:00" categories: [Insurance Bad Faith, Personal Auto] custom_fields: env_titlebar: 1 --- # July 2024 Engaged by plaintiff counsel to review and analyze Insurance Bad Faith allegations regarding an automobile accident that resulted in major bodily injuries.  Insurance carrier was insurer for both parties involved in the accident.  Settlement offer for plaintiff was deemed woefully inadequate and untimely. Clark Seegmiller, Richard Harris Law Firm (702)444-4444, O’Bringer v Progressive, No.: 2:23-cv-00100-RFB-EJY United States District Court Clark County Nevada --- --- title: "July 2024" url: "https://www.burldaniel.com/july-2024/" lang: "en-US" type: "post" description: "Engaged by plaintiff’s counsel as a consulting expert to review case documents and render a rebuttal report regarding a building collapse that was the result of sources hidden from view and unknown to plaintiff.  Defendant denied claim causing the dispute" last_modified: "2025-11-03T20:22:11+00:00" categories: [Commercial Property, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # July 2024 Engaged by plaintiff’s counsel as a consulting expert to review case documents and render a rebuttal report regarding a building collapse that was the result of sources hidden from view and unknown to plaintiff.  Defendant denied claim causing the dispute at hand.  Attorney Jordyn Cartmell, Mansell & Engel (405) 232-4100.  LDG v. Western World, Case No.: 6:23-CV0121-TC-RES United States District Court for the District of Kansas. --- --- title: "June 2024" url: "https://www.burldaniel.com/june-2024-3/" lang: "en-US" type: "post" description: "Engaged by defense counsel of three carriers to evaluate allegations of bad faith claims handling under a large property coverage tower.  Coverage provided by the three carriers would not attach until hail damage to Lubbock public schools exceeded $50,000,000.  The" last_modified: "2025-11-03T20:22:11+00:00" categories: [Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 --- # June 2024 Engaged by defense counsel of three carriers to evaluate allegations of bad faith claims handling under a large property coverage tower.  Coverage provided by the three carriers would not attach until hail damage to Lubbock public schools exceeded $50,000,000.  The sheer size of the hailstorm required a great deal of time to inspect/reinspect and evaluate potential damage to ~200 buildings on 74 campuses.  Further complicating the claim process was the School District’s insistence that roof replacements could only be done during the summer months.  Attorneys Erin Morris, Savrick Schumann Johnson (303) 474-9763, Ray Gregory, Eggleston & Briscoe (713) 659-5100, Schuyler Whiting, Segal McCambridge (512) 370-1235.  Lubbock Independent School District v. Westchester Surplus Lines Insurance Co., et al, Cause No. DC-2022-CV-0909 In 72nd Judicial District Court, Lubbock County Texas. --- --- title: "June 2024" url: "https://www.burldaniel.com/june-2024-2/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel to provide analysis of water loss versus flood perils after a fire hydrant was damaged during snow removal, causing extensive water damage to two houses.  Dispute resulted after carrier erroneously denied the water damage claims citing" last_modified: "2025-11-03T20:22:11+00:00" categories: [Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # June 2024 Engaged by policyholder counsel to provide analysis of water loss versus flood perils after a fire hydrant was damaged during snow removal, causing extensive water damage to two houses.  Dispute resulted after carrier erroneously denied the water damage claims citing the flood exclusion.  Attorneys Tom Brennan (775) 247-1998 and Sean Rose (775) 777-7777, Rose Law Firm.  Mize & Welch v. CSAA General Insurance Company, Case No. CV24-01170 In The Second Judicial District Court of The State of Nevada In and For the County of Washoe. --- --- title: "June 2024" url: "https://www.burldaniel.com/june-2024/" lang: "en-US" type: "post" description: "Retained by policyholder counsel to opine on carrier claims handling custom and practice.  Dispute arose from inordinately long carrier delays during claim investigation.  Claim involved a roof collapse from heavy snowstorms at insured’s vacation home, and subsequent carrier failures to" last_modified: "2025-11-03T20:22:11+00:00" categories: [Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # June 2024 Retained by policyholder counsel to opine on carrier claims handling custom and practice.  Dispute arose from inordinately long carrier delays during claim investigation.  Claim involved a roof collapse from heavy snowstorms at insured’s vacation home, and subsequent carrier failures to make realistic damage estimates and attempt to effectuate a good faith effort at settlement.  Attorneys Tom Brennan (775) 247-1998 and Sean Rose (775) 777-7777, Rose Law Firm.  Gavish v. State Farm, Case No. 4:24-cv-00041-AMA in United States District Court, District of Utah Central Division --- --- title: "May 2024" url: "https://www.burldaniel.com/may-2024-2/" lang: "en-US" type: "post" description: "Engaged by counsel defending a Surplus Lines Brokers against allegations of improper procurement of a Warehouseman’s Legal Liability (bailee’s) policy.  The Surplus Lines Broker had placed the coverage requested by the agent.  Dispute arose following carrier claim denial for a" last_modified: "2025-11-03T20:22:12+00:00" categories: [Agent Errors and Omissions, Business Interruption/Business Income, Commercial Property, Inland Marine, Insurance Bad Faith, Surplus Lines] custom_fields: env_titlebar: 1 --- # May 2024 Engaged by counsel defending a Surplus Lines Brokers against allegations of improper procurement of a Warehouseman’s Legal Liability (bailee’s) policy.  The Surplus Lines Broker had placed the coverage requested by the agent.  Dispute arose following carrier claim denial for a fire loss to Business Personal Property stored at a third-party warehouse.  The claim investigation revealed the warehouse owner had no ‘legal liability’, thus no coverage and the claim was denied.  Attorney Joseph Campo, Lewis Brisbois Bisgaard & Smith LLP (213) 680-5072.  Rotax v. Sullivan Case No. 20STCV10768 | C/W 21STCV20307, Superior Court of the State of California for the County of Los Angeles. --- --- title: "May 2024" url: "https://www.burldaniel.com/may-2024/" lang: "en-US" type: "post" description: "Engaged by wholesale intermediary’s defense counsel to assess placement issues for surplus lines Warehouseman’s Legal Liability insurance. Dispute arose following carrier’s denial of a fire loss to goods stored at a warehouseman’s location. Attorney Joe Campo, Lewis Brisbois Bisgaard &" last_modified: "2025-11-03T20:22:12+00:00" categories: [Agent Errors and Omissions, All Cases, Inland Marine, Property, Surplus Lines] custom_fields: env_titlebar: 1 --- # May 2024 Engaged by wholesale intermediary’s defense counsel to assess placement issues for surplus lines Warehouseman’s Legal Liability insurance. Dispute arose following carrier’s denial of a fire loss to goods stored at a warehouseman’s location. Attorney Joe Campo, Lewis Brisbois Bisgaard & Smith LLP, (213) 680-5072. Rotax v. G.J. Sullivan/Amwins, et al, Case No. 20STCV107687 In the Superior Court of the State of California for the County of Los Angeles. --- --- title: "April 2024" url: "https://www.burldaniel.com/april-2024-2/" lang: "en-US" type: "post" description: "Engaged by defense counsel to assess plaintiff’s valuation of Workers Compensation subrogation claims against Commercial Auto and Umbrella policies resulting from a fatality trucking accident.  The valuation process was complicated by plaintiff’s Workers Compensation being structured as a large deductible" last_modified: "2025-11-03T20:22:12+00:00" categories: [Commercial Auto Liability, Commercial Umbrella (Excess) Liability, Workers Compensation] custom_fields: env_titlebar: 1 --- # April 2024 Engaged by defense counsel to assess plaintiff’s valuation of Workers Compensation subrogation claims against Commercial Auto and Umbrella policies resulting from a fatality trucking accident.  The valuation process was complicated by plaintiff’s Workers Compensation being structured as a large deductible retroactively rated program requiring extensive reserves and data analysis.  Attorney Gene Ward, Cotten Schmidt, L.L.P. (361) 336-2321.   Valley Transit v. Kommited Transportation, Civil Action No. 2:23-CV-00080 in United States District Court Southern District of Texas Corpus Christi Division. --- --- title: "April 2024" url: "https://www.burldaniel.com/april-2024/" lang: "en-US" type: "post" description: "Engaged by plaintiff’s counsel to analyze allegations of Commercial Auto Insurance Bad Faith claims regarding a multiple fatality motor vehicle accident, including interaction with Hired/Nonowned autos coverage and Workers Compensation.  Plaintiffs were the survivors of one of the deceased. Attorney" last_modified: "2025-11-03T20:22:12+00:00" categories: [Commercial Auto Liability, Insurance Bad Faith, Workers Compensation] custom_fields: env_titlebar: 1 --- # April 2024 Engaged by plaintiff’s counsel to analyze allegations of Commercial Auto Insurance Bad Faith claims regarding a multiple fatality motor vehicle accident, including interaction with Hired/Nonowned autos coverage and Workers Compensation.  Plaintiffs were the survivors of one of the deceased. Attorney Jeff Richter, Cesar Ornelas Law, PLLC (210) 957-2103.  Villareal v. Independence TX LLC, Cause No. 23-03-1083 IN THE 143rd Judicial District Loving County, Texas. --- --- title: "March 2024" url: "https://www.burldaniel.com/march-2024-4/" lang: "en-US" type: "post" description: "Engaged by carrier’s defense counsel as a consulting expert to analyze issues of alleged Uninsured Motorist Insurance Bad Faith claim handling.  Dispute arose over whether injuries claimed under Uninsured Motorist coverage were due to prior injuries.   Attorney Kelsie Sullivan, Richards &" last_modified: "2025-11-03T20:22:12+00:00" categories: [Insurance Bad Faith, Personal Auto] custom_fields: env_titlebar: 1 --- # March 2024 Engaged by carrier’s defense counsel as a consulting expert to analyze issues of alleged Uninsured Motorist Insurance Bad Faith claim handling.  Dispute arose over whether injuries claimed under Uninsured Motorist coverage were due to prior injuries.   Attorney Kelsie Sullivan, Richards & Connor PLLP (918) 585-2394.  Nix v. American Mercury Insurance, Case No. CJ-2023-3056 In The District Court of Oklahoma County State of Oklahoma. --- --- title: "March 2024" url: "https://www.burldaniel.com/march-2024/" lang: "en-US" type: "post" description: "Engaged by carrier’s defense counsel to evaluate homeowners coverage issues and address allegations of insurance bad faith claims handling.  Dispute resulted after a carrier’s denial of a total fire loss to a dwelling (including rental income) insured under a homeowners" last_modified: "2025-11-03T20:22:12+00:00" categories: [All Cases, Business Interruption/Business Income, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # March 2024 Engaged by carrier’s defense counsel to evaluate homeowners coverage issues and address allegations of insurance bad faith claims handling.  Dispute resulted after a carrier’s denial of a total fire loss to a dwelling (including rental income) insured under a homeowners policy but occupied by a tenant.  Attorney Zane Wilson, CSG, Inc. (907) 452-1855.  Baumgartner v. UMIALIK Insurance Company, Case No. 4FA-22-01509 CI In the Superior Court for the State of Alaska Fourth Judicial District at Fairbanks. --- --- title: "March 2024" url: "https://www.burldaniel.com/march-2024-3/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel to analyze Agent Errors & Omissions and Insurance Bad Faith claims handling.  Despite specific policyholder requests to agent, one building was severely underinsured and another not listed on the policy when back-to-back windstorms caused extensive damage. " last_modified: "2025-11-03T20:22:12+00:00" categories: [Agent Errors and Omissions, Business Interruption/Business Income, Commercial Property, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # March 2024 Engaged by policyholder counsel to analyze Agent Errors & Omissions and Insurance Bad Faith claims handling.  Despite specific policyholder requests to agent, one building was severely underinsured and another not listed on the policy when back-to-back windstorms caused extensive damage.  Attorney Sam McHard, McHard / McHard / Anderson & Associates PLLC (601) 450-1715.  Fenn v. State Auto, Civil Action No: 22-105-PCS, In The Circuit Court of Pike County Mississippi. --- --- title: "March 2024" url: "https://www.burldaniel.com/march-2024-2/" lang: "en-US" type: "post" description: "Engaged by carrier’s defense counsel to review allegations of Insurance Bad Faith claims handling regarding a dwelling rented to a tenant but covered under a Homeowner policy.  The court held that the carrier properly denied a total fire loss based" last_modified: "2025-11-03T20:22:13+00:00" categories: [Agent Errors and Omissions, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # March 2024 Engaged by carrier’s defense counsel to review allegations of Insurance Bad Faith claims handling regarding a dwelling rented to a tenant but covered under a Homeowner policy.  The court held that the carrier properly denied a total fire loss based on the policy’s Owner Occupancy endorsement.  Attorney Zane Wilson, CSG, Inc. (907)452-1855, Baumgartner v. Umialik Insurance Company, Case No. 4FA-22-01509CI, In The Superior Court For the State of Alaska Fourth Judicial District at Fairbanks. --- --- title: "December 2023" url: "https://www.burldaniel.com/december-2023/" lang: "en-US" type: "post" description: "Engaged by third-party plaintiff counsel to analyze Commercial Auto coverage structure under a tower of carriers insuring a trucking company.  Case involved multiple fatalities and required analysis of which carriers owed the judgment and to which plaintiffs.  Attorney Jeff Richter," last_modified: "2025-05-01T18:49:54+00:00" categories: [All Cases, Commercial Auto Liability] custom_fields: env_titlebar: 1 --- # December 2023 Engaged by third-party plaintiff counsel to analyze Commercial Auto coverage structure under a tower of carriers insuring a trucking company.  Case involved multiple fatalities and required analysis of which carriers owed the judgment and to which plaintiffs.  Attorney Jeff Richter, Cesar Ornelas Law, PLLC (210) 957-2103.  Franco, et al v. Bults, No. CV2023-009297 – Tier 3 In the Superior Court of the State of Arizona In and For the County of Maricopa. --- --- title: "December 2023" url: "https://www.burldaniel.com/december-2023-2/" lang: "en-US" type: "post" description: "Carrier defense counsel engagement to evaluate coverage issues for a dwelling total fire loss during Colorado wildfires.  Case required analysis as to whether a surplus lines carrier had any duty relative to setting limits of insurance relative to replacement cost" last_modified: "2025-05-01T18:49:55+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 --- # December 2023 Carrier defense counsel engagement to evaluate coverage issues for a dwelling total fire loss during Colorado wildfires.  Case required analysis as to whether a surplus lines carrier had any duty relative to setting limits of insurance relative to replacement cost and/or rental receipts.  Fischer v. National Indemnity Company, et al Case No. 2022CV30092 Division 1, District Court Grand County, Colorado. --- --- title: "November 2023" url: "https://www.burldaniel.com/november-2023/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel to analyze Pollution Liability coverage and underwriting issues following denial of a bodily injury claim from a carbon monoxide leak.  Engagement required analysis of claims-made renewal underwriting, first party cleanup vs. third party liability, and bad" last_modified: "2025-05-01T18:49:55+00:00" categories: [All Cases, Commercial General Liability, Insurance Bad Faith, Pollution Liability, Property] custom_fields: env_titlebar: 1 --- # November 2023 Engaged by policyholder counsel to analyze Pollution Liability coverage and underwriting issues following denial of a bodily injury claim from a carbon monoxide leak.  Engagement required analysis of claims-made renewal underwriting, first party cleanup vs. third party liability, and bad faith claims handling issues.   Attorneys David Newman and Brittany Armour, Hogan Lovells US, LLP (267) 675-4600.  OQ Chemicals v. Lloyds, Civil Action No. 4:23-cv-01125 In The United States District Court For The Southern District of Texas, Houston Division. --- --- title: "October 2023" url: "https://www.burldaniel.com/october-2023/" lang: "en-US" type: "post" description: "Engaged by defense counsel to address allegations of insurance bad faith for a claim denial under a nursing home professional liability policy.  Claim denial was premised on policyholder’s failure to disclose “circumstances related” to a prior claim on the renewal" last_modified: "2025-05-01T18:49:55+00:00" categories: [All Cases, Commercial General Liability, Insurance Bad Faith, Professional Liability (Error & Omission)] custom_fields: env_titlebar: 1 --- # October 2023 Engaged by defense counsel to address allegations of insurance bad faith for a claim denial under a nursing home professional liability policy.  Claim denial was premised on policyholder’s failure to disclose “circumstances related” to a prior claim on the renewal application.  Attorneys Bill Morrison and Joanne Wendell, Morrison Law, LLP (925) 937-9990.  Oxnard Manor LP v. Hallmark Specialty Insurance Company, Case No. 2:23-cv-01322-SPG-MAR In United States District Court Central District of California. --- --- title: "September 2023" url: "https://www.burldaniel.com/september-2023/" lang: "en-US" type: "post" description: "Engaged by carrier’s defense counsel to analyze allegations of Insurance Bad Faith for carrier actions in revising Workers Compensation class codes to accurately assign payroll to NCCI class codes.  Case required analysis of years of policyholder failing to apply payrolls" last_modified: "2025-05-01T18:49:55+00:00" categories: [All Cases, Insurance Bad Faith, Workers Compensation] custom_fields: env_titlebar: 1 --- # September 2023 Engaged by carrier’s defense counsel to analyze allegations of Insurance Bad Faith for carrier actions in revising Workers Compensation class codes to accurately assign payroll to NCCI class codes.  Case required analysis of years of policyholder failing to apply payrolls accurately to NCCI class codes for audits and renewal policies.  Attorney Frank Fox (602) 908-1707.  Arizona Labor Force v. WCF National Insurance Company, Case No. CV2022-009615 In the Superior Court of the State of Arizona, County of Maricopa. --- --- title: "August 2023" url: "https://www.burldaniel.com/august-2023/" lang: "en-US" type: "post" description: "Engaged by carrier’s defense counsel to analyze claims handling of an Underinsured Motorist claim resulting from a low-speed accident.  The claim was complicated by the policyholder’s son having his own Personal Auto Policy, reporting the injury 5 months after the" last_modified: "2025-05-01T18:49:56+00:00" categories: [All Cases, Insurance Bad Faith, Personal Auto, Workers Compensation] custom_fields: env_titlebar: 1 --- # August 2023 Engaged by carrier’s defense counsel to analyze claims handling of an Underinsured Motorist claim resulting from a low-speed accident.  The claim was complicated by the policyholder’s son having his own Personal Auto Policy, reporting the injury 5 months after the accident, whether he was a household resident, and the possibility the injury was work related.  Attorneys Philip Overcash and Tyler Milliron, Kutak Rock LLP (480) 429-5000.  Wintrow v. USAA, Case No. CV2022-050974 In the Superior Court of the State of Arizona, County of Maricopa. --- --- title: "July 2023" url: "https://www.burldaniel.com/july-2023/" lang: "en-US" type: "post" description: "Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder.  The policyholder had" last_modified: "2025-05-01T18:49:56+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 --- # July 2023 Engaged by carrier’s defense counsel to assess coverage and claims handling issues for a sprinkler system leak claim at a high value vacant dwelling and whether a surplus lines intermediary has any duty to advise a policyholder.  The policyholder had declined water damage coverage during a surplus lines placement, resulting in carrier later denying the sprinkler claim.  Attorneys Doug Fogle and Joel Wertman, Winget, Spadafora & Schwartzberg, LLP (215) 433-1500.  Newtown Square v. Worldwide Facilities, et al, Civil Action No. 21-5397 In the United States District Court for the Eastern District of Pennsylvania. --- --- title: "May 2023" url: "https://www.burldaniel.com/may-2023/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:55+00:00" categories: [Agent Errors and Omissions, All Cases, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 270 env_titlebar_title: "May 2023" --- # May 2023 --- --- title: "March 2023" url: "https://www.burldaniel.com/march-2023/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:55+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Commercial Property, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 271 env_titlebar_title: "March 2023" --- # March 2023 --- --- title: "February 2023" url: "https://www.burldaniel.com/february-2023-2/" lang: "en-US" type: "post" description: "Engaged by counsel for receiver/policyholder to evaluate Commercial General Liability and Pollution Liability relative to Insurance Bad Faith claims handling under 1980s policies with no pollution exclusions.  The case was complicated by overlay of workers compensation coverage, contractual liability, and" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Commercial General Liability, Insurance Bad Faith, Pollution Liability, Workers Compensation] custom_fields: env_titlebar: 1 --- # February 2023 Engaged by counsel for receiver/policyholder to evaluate Commercial General Liability and Pollution Liability relative to Insurance Bad Faith claims handling under 1980s policies with no pollution exclusions.  The case was complicated by overlay of workers compensation coverage, contractual liability, and Reservations of Rights issues.  Attorneys Brad Nes and Cullen Pick, Morgan, Lewis & Bockius, LLP (214) 466-4116.  Standard Insulation v. Liberty Mutual Insurance Company, Civil Action No. 2022-CP-40-01241 In the Court of Common Pleas Fifth Judicial Circuit State of South Carolina, County of Richland. --- --- title: "February 2023" url: "https://www.burldaniel.com/february-2023/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:56+00:00" categories: [Agent Errors and Omissions, All Cases, Claims Made Liability, Insurance Bad Faith, Professional Liability (Error & Omission)] custom_fields: env_titlebar: 1 env_post_vars: 271 env_titlebar_title: "February 2023" --- # February 2023 --- --- title: "January 2023" url: "https://www.burldaniel.com/january-2023/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel seeking recovery for construction defect claims resulting from installation of faulty pipe under the Houston Ship Channel. Case required contrasting coverage analysis of contractor’s Commercial General Liability versus manufacturer’s Products Liability, plus Insurance Bad Faith relative" last_modified: "2024-05-08T19:41:56+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Insurance Bad Faith, Product (Completed Operations) Liability] custom_fields: env_titlebar: 1 --- # January 2023 Engaged by policyholder counsel seeking recovery for construction defect claims resulting from installation of faulty pipe under the Houston Ship Channel. Case required contrasting coverage analysis of contractor’s Commercial General Liability versus manufacturer’s Products Liability, plus Insurance Bad Faith relative to agency’s failure to disclose available Products Liability coverage terms that would have likely covered the claim.  Attorneys Michael Watson and Sheryl Kao – Martin, Disiere, Jefferson & Wisdom, LLP, (214-420-5526).  Axis Pipe and Tube v. Alliant Insurance Services, et al, Cause No. 202138793 In 281st Judicial District Court, Harris County, Texas. --- --- title: "December 2022" url: "https://www.burldaniel.com/december-2022/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Business Interruption/Business Income, Commercial Property, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 270 env_titlebar_title: "December 2022" --- # December 2022 --- --- title: "November 2022" url: "https://www.burldaniel.com/november-2022/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Commercial General Liability, Insurance Bad Faith, Ocean Marine, Workers Compensation] custom_fields: env_titlebar: 1 env_post_vars: 271 env_titlebar_title: "November 2022" --- # November 2022 --- --- title: "August 2022" url: "https://www.burldaniel.com/august-2022/" lang: "en-US" type: "post" description: "Engaged by plaintiff’s counsel to analyze Insurance Bad Faith claims handling relative to a drilling company after its transition to self-insured and Workers Compensation coverage (previously provided by its PEO) and Commercial General Liability.  Carrier provided the initial Excess Workers" last_modified: "2025-05-01T18:50:20+00:00" categories: [Commercial General Liability, Insurance Bad Faith, Workers Compensation] custom_fields: env_titlebar: 1 --- # August 2022 Engaged by plaintiff’s counsel to analyze Insurance Bad Faith claims handling relative to a drilling company after its transition to self-insured and Workers Compensation coverage (previously provided by its PEO) and Commercial General Liability.  Carrier provided the initial Excess Workers Compensation policy to cover catastrophic claims above plaintiff’s large deductible.  After a rig fire resulted in multiple fatality claims, carrier delayed and then denied coverage.  Attorneys Lisa Molsbee and Clay Christensen, Christensen Law Group, P.L.L.C. (405) 232-2020.  Dan D v. New York Marine, Case No. CJ-2015-33 In The District Court of Grant County State of Oklahoma. --- --- title: "June 2022" url: "https://www.burldaniel.com/june-2022/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Business Interruption/Business Income, Commercial Property, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 266 env_titlebar_title: "June 2022" --- # June 2022 --- --- title: "June 2022" url: "https://www.burldaniel.com/june-2022-2/" lang: "en-US" type: "post" description: "Engaged by defense counsel to evaluate carrier’s investigation and claims handling conduct for a loss under a Financial Institution Crime policy.  The dispute resulted after a claim for loan losses was denied based on the loss not resulting from employee" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Crime Insurance/Fidelity Bonds, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 --- # June 2022 Engaged by defense counsel to evaluate carrier’s investigation and claims handling conduct for a loss under a Financial Institution Crime policy.  The dispute resulted after a claim for loan losses was denied based on the loss not resulting from employee dishonesty.   Attorney John Moore, Faegre Drinker Biddle & Reath LLP (215) 988-2750.  Appalachian Community Federal Credit Union v. CUMIS Insurance, Case No. 3:20-CV-0553 In United States District Court for the Eastern District of Tennessee Northern Division. --- --- title: "April 2022" url: "https://www.burldaniel.com/april-2022/" lang: "en-US" type: "post" description: "Engaged by policyholder counsel to analyze and opine bad faith claims handling issues under a homeowners policy.  Dispute arose following a substantial water loss, inept remediation efforts, and lengthy delays in adjusting the claim.  Attorney Tom Anderson, Thomson, Rhodes &" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 --- # April 2022 Engaged by policyholder counsel to analyze and opine bad faith claims handling issues under a homeowners policy.  Dispute arose following a substantial water loss, inept remediation efforts, and lengthy delays in adjusting the claim.  Attorney Tom Anderson, Thomson, Rhodes & Cowie, P.C. (412) 316-8684.  Civil Division No. GD-19-009745, Crawley v. State Farm, Xpert Restoration, et al In The Court of Common Pleas of Allegheny County, Pennsylvania. --- --- title: "March 2022" url: "https://www.burldaniel.com/march-2022-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:56+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 265 env_titlebar_title: "March 2022" --- # March 2022 --- --- title: "March 2022" url: "https://www.burldaniel.com/march-2022/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:57+00:00" categories: [All Cases, Insurance Bad Faith, Personal Auto] custom_fields: env_titlebar: 1 env_post_vars: 264 env_titlebar_title: "March 2022" --- # March 2022 --- --- title: "February 2022" url: "https://www.burldaniel.com/february-2022/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:41:57+00:00" categories: [Agent Errors and Omissions, All Cases, Homeowners, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "February 2022" --- # February 2022 --- --- title: "January 2022" url: "https://www.burldaniel.com/january-2022/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:27+00:00" categories: [Agent Errors and Omissions, All Cases, Insurance Bad Faith, Workers Compensation] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "January 2022" --- # January 2022 --- --- title: "December 2021" url: "https://www.burldaniel.com/december-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "December 2021" --- # December 2021 --- --- title: "November 2021" url: "https://www.burldaniel.com/november-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [All Cases, Commercial General Liability, Insurance Bad Faith, Workers Compensation] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "November 2021" --- # November 2021 --- --- title: "October 2021" url: "https://www.burldaniel.com/october-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [Agent Errors and Omissions, All Cases, Flood Insurance, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "October 2021" --- # October 2021 --- --- title: "September 2021" url: "https://www.burldaniel.com/september-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 259 env_titlebar_title: "September 2021" --- # September 2021 --- --- title: "July 2021" url: "https://www.burldaniel.com/july-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [All Cases, Boiler & Machinery/Equipment Breakdown, Business Interruption/Business Income, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 261 env_titlebar_title: "July 2021" --- # July 2021 --- --- title: "June 2021" url: "https://www.burldaniel.com/june-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "June 2021" --- # June 2021 --- --- title: "June 2021" url: "https://www.burldaniel.com/june-2021-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 259 env_titlebar_title: "June 2021" --- # June 2021 --- --- title: "May 2021" url: "https://www.burldaniel.com/may-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Professional Liability (Error & Omission)] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "May 2021" --- # May 2021 --- --- title: "April 2021" url: "https://www.burldaniel.com/april-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Commercial Ocean Marine, Inland Marine] custom_fields: env_titlebar: 1 env_post_vars: 261 env_titlebar_title: "April 2021" --- # April 2021 --- --- title: "March 2021" url: "https://www.burldaniel.com/march-2021-2/" lang: "en-US" type: "post" description: "Engaged by agent’s defense counsel to address allegations of Agent Errors & Omissions relative to placement of Ocean Marine insurance on a barge operating under a bareboat charter agreement.  Carrier subsequently denied a claim for questionable underwater hull damage, based" last_modified: "2025-05-01T18:50:26+00:00" categories: [Agent Errors and Omissions, Insurance Bad Faith, Ocean Marine] custom_fields: env_titlebar: 1 --- # March 2021 Engaged by agent’s defense counsel to address allegations of Agent Errors & Omissions relative to placement of Ocean Marine insurance on a barge operating under a bareboat charter agreement.  Carrier subsequently denied a claim for questionable underwater hull damage, based on discrepancies between on-hire and off-hire marine surveys.  Attorney Ken Gutsch, Richmond & Quinn (907) 276-5727.  Swalling v. Alaska USA Insurance Brokers, LLC, Case No. 3AN-19-10857CI, In the Superior Court for the State of Alaska Third Judicial District at Anchorage. --- --- title: "March 2021" url: "https://www.burldaniel.com/march-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:28+00:00" categories: [Agent Errors and Omissions, All Cases, Flood Insurance, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "March 2021" --- # March 2021 --- --- title: "February 2021" url: "https://www.burldaniel.com/february-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Commercial Auto Liability, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 263 env_titlebar_title: "February 2021" --- # February 2021 --- --- title: "January 2021" url: "https://www.burldaniel.com/january-2021/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [All Cases, Business Interruption/Business Income, Commercial Ocean Marine, Inland Marine, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 264 env_titlebar_title: "January 2021" --- # January 2021 --- --- title: "May 2020" url: "https://www.burldaniel.com/may-2020/" lang: "en-US" type: "post" description: "Retained by counsel for carrier seeking recovery from the placing insurance agency based on material misrepresentations regarding the fire protection system required by the carrier to insure a hotel which later suffered a total fire loss. Engagement required analysis of" last_modified: "2024-05-08T19:42:29+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Property] custom_fields: env_titlebar: 1 env_post_vars: 264 env_titlebar_title: "May 2020" --- # May 2020 Retained by counsel for carrier seeking recovery from the placing insurance agency based on material misrepresentations regarding the fire protection system required by the carrier to insure a hotel which later suffered a total fire loss. Engagement required analysis of communications between insured/agency and managing general agent relative to carrier underwriting guidelines and non-compliance with inspection requirements. Litigation ensued following initial claim denial with subsequent payment. Attorney Jennifer Martin, Wilson, Elser, Moskowitz, Edelman & Dicker (214) 698-8000. Liberty Mutual v. Cottom/RCI Insurance Group, Case No: CJ-2016-03004 In The District Court Of Tulsa County State of Oklahoma. --- --- title: "April 2020" url: "https://www.burldaniel.com/april-2020/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Insurance Bad Faith, Product (Completed Operations) Liability, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 243 rs_page_bg_color: "#ffffff" env_titlebar_title: "April 2020" --- # April 2020 --- --- title: "January 2020" url: "https://www.burldaniel.com/january-2020/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [All Cases, Commercial Ocean Marine, Insurance Bad Faith] custom_fields: env_titlebar: 1 env_post_vars: 263 --- # January 2020 --- --- title: "December 2019" url: "https://www.burldaniel.com/december-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Insurance Bad Faith, Property, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 270 rs_page_bg_color: "#ffffff" env_titlebar_title: "December 2019" --- # December 2019 --- --- title: "December 2019" url: "https://www.burldaniel.com/december-2019-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "December 2019" --- # December 2019 --- --- title: "September 2019" url: "https://www.burldaniel.com/september-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:29+00:00" categories: [All Cases, Business Interruption/Business Income, Commercial General Liability, Commercial Ocean Marine, Commercial Umbrella (Excess) Liability, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 270 env_titlebar_title: "September 2019" --- # September 2019 --- --- title: "July 2019" url: "https://www.burldaniel.com/july-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:30+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 234 --- # July 2019 --- --- title: "June 2019" url: "https://www.burldaniel.com/june-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Auto Liability, Commercial Umbrella (Excess) Liability, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 267 rs_page_bg_color: "#ffffff" env_titlebar_title: "June 2019" --- # June 2019 --- --- title: "May 2019" url: "https://www.burldaniel.com/may-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [All Cases, Commercial Ocean Marine, Inland Marine, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 266 rs_page_bg_color: "#ffffff" env_titlebar_title: "May 2019" --- # May 2019 --- --- title: "April 2019" url: "https://www.burldaniel.com/april-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [All Cases, Business Interruption/Business Income, Insurance Bad Faith, Property] custom_fields: env_titlebar: 1 env_post_vars: 260 env_titlebar_title: "April 2019" --- # April 2019 --- --- title: "March 2019" url: "https://www.burldaniel.com/march-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [All Cases, Insurance Bad Faith, Workers Compensation] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 237 --- # March 2019 --- --- title: "February 2019" url: "https://www.burldaniel.com/february-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 222 --- # February 2019 --- --- title: "January 2019" url: "https://www.burldaniel.com/january-2019/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [All Cases, Insurance Bad Faith, Personal Auto] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 237 --- # January 2019 --- --- title: "December 2018" url: "https://www.burldaniel.com/december-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Claims Made Liability, Commercial General Liability, Insurance Bad Faith, Pollution Liability, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 263 rs_page_bg_color: "#ffffff" --- # December 2018 --- --- title: "November 2018" url: "https://www.burldaniel.com/november-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Flood Insurance, Insurance Bad Faith, Property, Surplus Lines] custom_fields: env_titlebar: 1 env_post_vars: 240 --- # November 2018 --- --- title: "October 2018" url: "https://www.burldaniel.com/october-2018-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 235 --- # October 2018 --- --- title: "October 2018" url: "https://www.burldaniel.com/october-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:54+00:00" categories: [Agent Errors and Omissions, All Cases, Builders' Risk, Inland Marine, Property, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 240 --- # October 2018 --- --- title: "October 2018" url: "https://www.burldaniel.com/october-2018-3/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Property, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 257 rs_page_bg_color: "#ffffff" --- # October 2018 --- --- title: "August 2018" url: "https://www.burldaniel.com/august-2018/" lang: "en-US" type: "post" description: "Retained by contractor’s defense counsel to review Commercial General Liability policy structure relative to insurance requirements listed in a Subcontract. Dispute involved Workers Compensation and a third party over action. Case required opinions regarding whether the Subcontractor’s policies complied with" last_modified: "2024-05-08T19:42:55+00:00" categories: [All Cases, Commercial General Liability, Insurance Bad Faith, Product (Completed Operations) Liability, Workers Compensation] custom_fields: slide_template: "default" env_titlebar: 1 --- # August 2018 Retained by contractor’s defense counsel to review **Commercial General Liability** policy structure relative to insurance requirements listed in a Subcontract. Dispute involved **Workers Compensation** and a third party over action. Case required opinions regarding whether the Subcontractor’s policies complied with the Subcontract’s “Additional Insured” language. Moss v. J4 Development, Cause No. 2016DCV4519, In The 327th Judicial District Court of El Paso County, Texas. Attorney Jim Mounts, Ray McChristian & Jeans, PC (915) 832-7253 --- --- title: "August 2018" url: "https://www.burldaniel.com/august-2018-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [All Cases, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 234 --- # August 2018 --- --- title: "July 2018" url: "https://www.burldaniel.com/july-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [Agent Errors and Omissions, All Cases, Flood Insurance, Homeowners] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 234 --- # July 2018 --- --- title: "April 2018" url: "https://www.burldaniel.com/april-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [All Cases, Flood Insurance, Homeowners, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 238 --- # April 2018 --- --- title: "March 2018" url: "https://www.burldaniel.com/march-2018-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [Agent Errors and Omissions, All Cases, Flood Insurance, Inland Marine, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 110 --- # March 2018 --- --- title: "March 2018" url: "https://www.burldaniel.com/march-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [Agent Errors and Omissions, All Cases, Insurance Bad Faith, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 232 --- # March 2018 --- --- title: "January 2018" url: "https://www.burldaniel.com/january-2018/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:55+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Auto Liability, Commercial General Liability, Insurance Bad Faith, Professional Liability (Error & Omission), Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 238 --- # January 2018 --- --- title: "December 2017" url: "https://www.burldaniel.com/december-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:56+00:00" categories: [Agent Errors and Omissions, All Cases, Claims Made Liability, Insurance Bad Faith, Professional Liability (Error & Omission), Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 108 --- # December 2017 --- --- title: "November 2017" url: "https://www.burldaniel.com/november-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:42:56+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 236 --- # November 2017 --- --- title: "October 2017" url: "https://www.burldaniel.com/october-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Insurance Bad Faith, Surplus Lines, Workers Compensation] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 257 rs_page_bg_color: "#ffffff" --- # October 2017 --- --- title: "September 2017" url: "https://www.burldaniel.com/september-2017-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Insurance Bad Faith, Property, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 110 rs_page_bg_color: "#ffffff" --- # September 2017 --- --- title: "July 2017" url: "https://www.burldaniel.com/july-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Commercial Ocean Marine, Insurance Bad Faith, Surplus Lines, Workers Compensation] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 238 --- # July 2017 --- --- title: "June 2017" url: "https://www.burldaniel.com/june-2017-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Auto Liability, Commercial General Liability, Insurance Bad Faith, Surplus Lines, Workers Compensation] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 258 rs_page_bg_color: "#ffffff" --- # June 2017 --- --- title: "June 2017" url: "https://www.burldaniel.com/june-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [All Cases, Director & Officer Liability, Employment Practices Liability, Insurance Bad Faith, Professional Liability (Error & Omission), Surplus Lines] custom_fields: env_titlebar: 1 env_post_vars: 238 --- # June 2017 --- --- title: "May 2017" url: "https://www.burldaniel.com/may-2017-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [Agent Errors and Omissions, All Cases, Business Interruption/Business Income, Flood Insurance, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 236 --- # May 2017 --- --- title: "May 2017" url: "https://www.burldaniel.com/may-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [All Cases, Business Interruption/Business Income, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 235 --- # May 2017 --- --- title: "April 2017" url: "https://www.burldaniel.com/april-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:31+00:00" categories: [Agent Errors and Omissions, All Cases, Insurance Bad Faith, Personal Auto] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 235 --- # April 2017 --- --- title: "March 2017" url: "https://www.burldaniel.com/march-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [Agent Errors and Omissions, All Cases, Insurance Bad Faith, Personal Auto] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 234 --- # March 2017 --- --- title: "February 2017" url: "https://www.burldaniel.com/february-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [All Cases, Insurance Bad Faith, Personal Auto] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 217 --- # February 2017 --- --- title: "February 2017" url: "https://www.burldaniel.com/february-2017-3/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Auto Liability, Inland Marine, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 235 --- # February 2017 --- --- title: "February 2017" url: "https://www.burldaniel.com/february-2017-4/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [Agent Errors and Omissions, All Cases, Inland Marine, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 235 --- # February 2017 --- --- title: "February 2017" url: "https://www.burldaniel.com/february-2017-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Ocean Marine, Homeowners, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 240 --- # February 2017 --- --- title: "January 2017" url: "https://www.burldaniel.com/january-2017/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial Auto Liability, Commercial General Liability, Insurance Bad Faith, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 241 --- # January 2017 --- --- title: "November 2016" url: "https://www.burldaniel.com/november-2016/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [Agent Errors and Omissions, All Cases, Commercial General Liability, Product (Completed Operations) Liability, Surplus Lines] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 110 --- # November 2016 --- --- title: "October 2016" url: "https://www.burldaniel.com/october-2016/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:32+00:00" categories: [All Cases, Homeowners, Insurance Bad Faith] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 237 --- # October 2016 --- --- title: "September 2016" url: "https://www.burldaniel.com/september-2016/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:33+00:00" categories: [Agent Errors and Omissions, All Cases, Flood Insurance, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 238 --- # September 2016 --- --- title: "July 2016" url: "https://www.burldaniel.com/july-2016-2/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:33+00:00" categories: [Agent Errors and Omissions, All Cases, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 238 --- # July 2016 --- --- title: "July 2016" url: "https://www.burldaniel.com/july-2016/" lang: "en-US" type: "post" last_modified: "2024-05-08T19:43:33+00:00" categories: [Agent Errors and Omissions, All Cases, Inland Marine, Insurance Bad Faith, Property] custom_fields: slide_template: "default" env_titlebar: 1 env_post_vars: 239 --- # July 2016 ---