Property casualty
insurance consulting

Diversified. Retained as an expert and consultant when insurance issues are in dispute as well as broker duties or standards of care.

  • Directors and Officers Liability

    Testified as an expert witness regarding coverage and bad faith issues in a trial on behalf of the policyholder in Delaware state court. The jury returned a verdict in favor of the insured, finding that the insurance carrier owed coverage to its policyholder, and the insurance carrier acted in bad faith. The policyholder was awarded more than $9.5 million, plus pre-judgment interest, and attorneys’ fees.

    Retained in several directors and officers’ liability coverage and claims disputes regarding the duty to indemnify, bad faith claims handling, rescission, and reformation of the policy or policies at issue.

    Retained as an expert in a directors and officers’ healthcare organization coverage and bad faith claims handling dispute. At issue was the definition of “Claim”—the specific wording pertaining to formal civil or criminal investigation. This commenced with the issuing of a subpoena by the Department of Justice for a formal administrative or regulatory investigation of the insured. The insurer was also disputing the application of a sublimit regarding defense costs under the policy’s Regulatory Claim Coverage. The court ruled that the sublimit did not apply to the more than $5 million in legal defense costs incurred by the insured complying with the DOJ investigation.

  • Commercial Property Business Interruption and Extra Expense Bad Faith

    Retained as an expert witness in litigation caused by Hurricanes Ike and Katrina involving property damage, business interruption, extra expense coverage and bad faith claims handling. Following the submission of my report with the supporting bases for my findings, the litigation was settled for the amount demanded by the policyholder, plus attorneys’ fees and expenses.

  • Commercial Property Catastrophe Loss Business Interruption, Extra Expense and Manuscript Policy

    Retained as an expert witness in litigation involving commercial property damage, business interruption, extra expense and bad faith. Provided insurance industry custom and practice testimony regarding the drafting of manuscript insurance policies which had allegedly been drafted by the policyholder’s insurance broker when in fact, the form used originated from the files of the insurance company.

  • Umbrella and Excess Insurance Coverage and Bad Faith

    Testified as an expert regarding the triggering of the duties of an excess carrier when underlying layers of insurance coverage had been deemed exhausted. In this litigation, the insured and the primary insurer argued that the duties of the primary insurance carrier (with respect to conducting a claims investigation, reserving rights, securing coverage opinions, and defending the insured) were triggered when the excess carrier was provided notice of a claim. Testified that the excess carrier had no duty to do anything until primary layers and any underlying layers were deemed exhausted.

    Retained as an expert and gave testimony in deposition regarding the duty to defend, the insurance carrier’s right to associate, and the exhaustion of underlying insurance coverage before excess insurance layers were triggered. Also retained to provide insurance industry customs, practices, and standards concerning unreasonable delay and denial of benefits regarding the following of form policy wording.

  • Agent/Broker Standard of Care

    Retained as an expert witness and qualified in state and federal court as to the customs, practices, standards, and standard of care in the insurance industry, regarding insurance agents, brokers, surplus lines brokers, managing general agents, and managing general underwriters.

    Testified in state and federal court on issues regarding procurement of insurance on behalf of the policyholder, the dual capacity of insurance brokers, and the special relationship that transpires when the insured and agent/broker hold themselves out as experts.

  • Insured Program Design

    Retained by a national real estate sales corporation to design, develop, and rollout a real estate agent’s professional liability errors & omissions program. Worked with Lloyd’s of London broker to secure participating insurers and manuscript coverage forms, develop rates, and complete regulatory filings with state departments of insurance, and surplus lines organizations.

  • Aviation Insurance

    Retained as an expert for coverage, underwriting, rescission, and claims handling disputes with regard to confiscation, diminution in value, invoking the appraisal clause, and failure to procure insurance coverage requested. Issues litigated were unique to each case. In one, the underwriter was provided inaccurate information prior to binding coverage, which came to light after a government investigation of alleged customs and tax fraud, and rescinded the policy. Another case involved the insured’s allegation that the broker failed to procure insurance coverage, when the insured never requested the coverage.

  • Insurance Program Review

    As a consultant to counsel involving the Catholic Archdiocese, energy and manufacturing companies, performed forensic insurance policy reconstruction and analysis of claims handling practices in litigation. Assembled information and identified evidence of the existence of primary and secondary proof of insurance.