Our Insurance Litigation Consulting and Expert Witness Case Experience

The types of cases we have been retained in include the following:

Property and Casualty Insurance  

       Commercial Insurance:

·         Missouri: assisted in the defense of a broker in a builders risk property loss where coverage for soft costs and evidence of coverage issued by intermediaries were in dispute. Designated as builders risk property insurance expert.

·         Kansas: assisted in developing bad faith arguments on behalf of insured contractor under a general liability policy against insurer in a construction defect case. Designated as bad faith insurance expert witness.

·         Kansas: assisted insured healthcare facility in dispute with broker and insurer over whether property was adequately insured to value under property insurance policy. Designated as property insurance expert witness.

·         Tennessee: assisted a retail clothing business insured in developing coverage and bad faith arguments against an insurer related to a business inventory theft loss. Designated as bad faith insurance expert witness.

·         Maryland: assisted real estate development and construction firm in developing professional liability and insurance coverage arguments against broker and executive risk insurer arising from insurer declination of coverage from failure to name appropriate corporate entity as an insured.  Designated as insurance broker professional liability expert witness.

·         Texas: assisted broker in defending professional liability claim arising from the placement of legal malpractice insurance where claim had been denied by insurer based upon underlying fee dispute with the insured’s client. Designated as insurance broker professional liability expert witness.

·         Texas: assisted broker in defense of professional liability claim where excess property insurer disputed coverage under its policy and policy terms were inconsistent with primary insurance, and where insured argued that it was not adequately insured based on valuation of exposures.  Designated as insurance broker professional liability and property insurance coverage expert witness.

·         California: assisted broker in defending professional liability allegations by its customer where its general liability insurer was declining coverage for contaminated food products at its restaurants.

·         Minnesota: assisted insurer in defending claims made under a professional liability excess insurance policy issued to a health insurer where the terms of a broker’s binder and insurer’s coverage terms were at issue. Designated as healthcare insurer professional liability insurance coverage expert witness.

·         Alabama: assisted plaintiff attorney in evaluating contractor’s liability coverages available against contractor related to personal injury arising from alleged defective construction.  

·         Texas: assisted agent in defending professional liability claims related to property insurance coverage issues arising from a pawn and jewelry business inventory theft and alleging issues related to surplus lines compliance and insuring to value. Designated as property insurance, surplus lines insurance, and insurance broker professional liability expert witness.

·         Maryland: assisted lender in dispute with agent and insurer regarding coverage under commercial crime coverage and the adequacy the scope of coverage recommended and lender’s status as loss payee. Designated as crime insurance and insurance broker professional liability expert witness.

·         Ohio: assisted insured in claims against broker and insurer related to coverage under commercial property coverage and time element coverages where coverage was inadequate to cover total fire loss.

·         Connecticut: assisted assignee of insured in bad faith case against insurer where insured’s underlying employment practices liability (EPL) claim had been denied. Designated as bad faith and employment practices liability insurance  expert witness.

       Personal Lines Insurance:

·         Texas: assisted insurer in defending allegations of bad faith related to hurricane related property damage claim under a homeowners policy. Designated as bad faith and homeowners property insurance expert witness.

·         Texas: assisted insurer in defense of claims made under homeowners policy where there were issues of insurable interest arising out of alleged repurchase of property after foreclosure. Designated as homeowners property insurance and insurance agent professional liability expert witness.

·         Texas: assisted personal automobile insured in claim against insurer alleging that it failed to properly respond to excess liability exposure and claimant settlement demand. Designated as automobile insurance and claim handling expert witness.

·         Texas: assisted insured in developing professional liability claims against agent resulting from insurer declination under homeowners policy due to use of the property. Designated as homeowners property insurance and insurance agent professional liability expert witness.

·         Texas: assisted homeowners policyholder in claims against insurer and intermediaries related to total property loss and involving issues of cancellation notification.  Designated as homeowners property insurance and insurance agent professional liability expert witness.

·         Oklahoma: assisted homeowners policyholder in claims against agent and insurer related to property loss and dispute regarding flood insurance coverage for contiguous property. Designated as homeowners property,  flood insurance, and insurance agent professional liability expert witness.

       Risk Control and Safety Analysis Litigation Consulting:

·         Louisiana: assisted estate of deceased worker in matter of owner, contractor, insurer and broker liability related to performance of safety and loss control work under an owner controlled (OCIP) program.

       Property and Casualty Insurance Claims Consulting:

·         New York: assisted insured in workers compensation audit premium dispute by reviewing audits, claims handling, and loss development factor methodology.

       Life Insurance and Annuities:

·         Florida: assisted agent in defense of claim by insurer for return of commission and claims by investor where agent was alleged to have engaged in stranger owned life insurance (STOLI) practices.  Designated as life insurance transaction and insurance agent professional liability expert witness.

·         Texas: assisted agent in professional liability defense related to origination of pension plan utilizing annuities and life insurance to fund employer pension obligations. Designated as life insurance and annuity transaction, defined benefit plan, and insurance agent professional liability expert witness.

·         Missouri: assisted life insurer in defense of claims brought against the company and its agents related to allegations of selling unsuitable life insurance and variable annuity products, and churning, as well as addressing issues of lapse notification. Designated as life insurance and annuity products, and insurance agent professional liability expert witness.

·         Texas: assisted paramedical professional in defending allegations of acting as an unlicensed agent in accepting life applications on behalf of insurer and in addressing issues of temporary insurance. Designated as life insurance transaction and medical paraprofessional liability as an alleged insurance agent expert witness.

·         Ohio: assisted agent in defense of claims brought by customer alleging failure to obtain no lapse guarantee coverage under universal life insurance policies. Designated as life insurance agent professional liability expert witness.

·         Indiana: assisted broker in defending claims professional liability and breach of contract claims brought by insurer alleging misrepresentations in the application for life insurance and lack of insurable interest (STOLI). Designated as life insurance agent professional liability expert witness.

·         Tennessee: assisted beneficiary in claim against insurer and agent where replacement policy allegedly failed to emulate prior policy containing accidental death and dismemberment benefit. Designated as life insurance coverage and insurance agent professional liability expert witness.

·         Georgia: assisted agent in defense of allegations related to suitability of life insurance and fixed index annuity products.

·         Texas: assisted university athletic program policy owner and major donor in claims against agents and insurer related to representations made in the sale, application, and delivery of life insurance policies insuring the lives of university alumni. Designated as life insurance agent professional liability expert witness.

·         Ohio: assisted beneficiary in claims against insurer involving issue of reinstatement and arising from insurer position that policy lapsed.

·         District of Columbia: assisted trustee in coverage disputes with life insurer related to policy lapse and trustee’s homeowners insurer related to claims made under primary and umbrella insurance for acts as trustee. 

·         Texas: assisted brokerage general agent in the defense of professional liability claims asserted by beneficiary alleging improper supervision of sales agent and contesting basis of sales agent recommending replacement life insurance policy. Designated as life insurance general agency professional liability expert witness.

       Health Insurance:

·         Florida: assisted insured seeking coverage under group health insurance policy where insurer resisted payment for prescribed substance abuse treatment.

·         Texas: assisted insured in claims against insurer and its agent related to replacement of family health insurance with inferior coverage resulting in subsequent insurer resisting coverage for cancer treatment.