Engaged by defense counsel to analyze allegations of Agents Errors & Omissions for “failure to assess and update” and “underinsured” values on a Homeowners policy. The dispute resulted following a total loss during the 2011 Bastrop, TX fires. Case involved knowledge of agent standard of care relative to duty of inquiry. Attorney Brad Douglas (512) 807-2474, Naman Howell Smith & Lee, PLLC. Rizk v. Koehler-Barton Insurance Agency; Cause No. 28,787 In the District Court of Bastrop County, Texas, 335th Judicial District
Personal Umbrella Insurance Expert Witness
Personal Umbrella insurance provides excess liability coverage above underlying liability limits provided by a Personal Auto, Homeowners, or boat policy. Primary policies liability limits (typically $300,000 to $500,000) must be properly structured in advance to meet underlying liability requirements detailed in the Personal Umbrella policy form. Liability limits commonly available range from $1,000,000 to $10,000,000. Policies are typically “follow-form” meaning if a primary policy does not cover a claim, the Personal Umbrella will most likely not provide excess liability for that claim.
Call (817) 980-4897 to discuss your case.
Claims Issues
Since Personal Umbrella coverage is triggered after underlying limits have been exhausted, they are classified as “shock losses” (see also Commercial Umbrella). Coverage gaps and disputes between policyholders and carriers may arise from several areas:
- Coordinating coverage between different primary liability and Personal Umbrella carriers.
- Underlying liability limits are less than required by the Personal Umbrella policy.
- Underlying coverages do not match requirements of the Personal Umbrella policy.
- Personal Umbrella policy terms, conditions and exclusions differ from primary policies.
- Locations scheduled in underlying policies not scheduled on Personal Umbrella.
- Personal Umbrella language more restrictive than primary liability policy (or vice versa).
- Late claim reporting to Personal Umbrella carrier.
- Limited or no coverage for business activities such as a home office.
- No coverage for punitive damage awards.
- Personal Umbrella does not provide excess uninsured/underinsured motorist.
Our Experience with Personal Umbrella
Mr. Daniel’s Personal Umbrella expertise dates to 1974. He understands the nuances of properly structuring coverage between underlying and Personal Umbrella policies. His experience includes advising clients during the claims process for several umbrella losses.
Personal Umbrella Expert Witness Cases
Designated by plaintiff counsel as their Personal Auto and Personal Umbrella expert . Case involved Agent Errors & Omissions regarding failure to place Personal Umbrella insurance. McCulloch v. Woods Insurance Agency, et al; Cause No. 2008-1550-1 in State Court, County of San Juan, NM. Attorney Greg Steinman, Madison, Harbour and Mroz, (505) 242-2177.
Expert designation regarding Personal Auto and agent failure to offer Personal Umbrella insurance. Case involved allegations of Agent Errors & Omissions & Insurance Bad Faith after an auto accident resulted in an uninsured multi-million dollar liability award. Currier v. Woodstock Insurance; Docket No. 587-9-07 Wrcv, Windsor Superior Court, SS., Windsor County, VT. Plaintiff counsel Skip Campbell, Krupnick Campbell Attorneys, (954) 712-8608