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.

  • Expert Witness Case Summary 2015 - 2020

    Seattle Zephyr, Inc. v. Truck Insurance Exchange; Jerry Hallman Insurance Agency, Inc., Christina Lew, In the Superior Court of the State of Washington, County of King, Case No.: 19-22-224185-3 KNT – Expert for the Plaintiff – Landlord and Tenants, Personal Homeowners, Insurance Broker Standard of Care, Failure to Procure Coverage, Reformation, Unfair and Deceptive Acts and Practices, Agent Negligence.

    RealPage, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA and Beazley Insurance Company, Inc. In the United States District Court Northern District of Texas Dallas Division; Case No.: 3-19-cv-01350-B – Expert for the Plaintiff – Commercial Crime, Cyber Liability, Coverage Application, Ambiguity, Unfair Claims Practices, Prompt Payment of Claim Violation, Violation of Texas Insurance Code Section 541 and 542.

    County of Delaware v. Travelers Property Casualty Company of America, In the United States District Court for the Eastern District of Pennsylvania; Civil Action No.: 2:19-cv-02430-JMY – Expert for the Plaintiff – Commercial Property Collapse Coverage, Carve-Back Additional Coverage, Underwriting Processes, Application of Claims Handling Processes in Relation to Coverage Determination, Unfair Claims Handling Practices.

    Nancee Gerber-Siggelkow, individually, and Michael Wolfe, individually v. Allstate Property and Casualty Insurance Company, In the United States District Court for the District of Idaho; Case No.: 1:18-cv-00408-CWD – Expert for the Plaintiffs – Homeowners Insurance, Unfair Claim Settlement Practice.

    Gustave J. LaBarre, et al. Company v. Occidental Chemical Corporation, et al. In the 23rd Judicial District Court for the Parish of Assumption State of Louisiana, Case No. 33,796 Division A – Reconventional Demand v. Defendant, Texas Brine Company LLC vs. Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA and AIG Specialty Insurance Company – Expert for the Plaintiff – Timely Notice; Unreasonable and Unnecessary Legal Fees and Expenses; Violation of Interim Agreement; Litigation Management; Environmental Sinkhole; Well Blowout.

    Commerce and Industry Insurance Company v. Fishbone Safety Solutions, Ltd. In the United States District Court for the Southern District of Texas, Houston Division, Civil Action No. 4:17-cv-01193 – Expert for the Plaintiff – Workers’ Compensation Broker Standard of Care, Procurement of Coverage, Workers’ Compensation Underwriting and Rating Practices, and Workers’ Compensation Premium Auditing.

    In the Matter of the Arbitration of Gayle Bratton and Estate of Edwards Bratton v. Sunset Financial Services, Inc. Financial Services Regulatory Authority (FINRA), FINRA Case No.: 18-01148 – Expert for the Defendant – Insurance Broker Standard of Care, Negligence, Special Relationship, Negligence, Breach of Contract.

    Galena Biopharma, Inc., v. AON Risk Insurance Services West, Inc. In the Circuit Court for the State of Oregon for the County of Multnomah, Case No. 16CV33844 – Expert for the Plaintiff – Insurance Broker Standard of Care, Negligence, Special Relationship.

    Saratoga Investments, LLC d/b/a Saratoga Forest Management, LLC v. Westchester Surplus Lines Insurance Company d/b/a Ace Westchester, and Ward Insurance Agency, Inc. d/b/a Ward Insurance / Ward Insurance Agency, Inc. d/b/a Ward Insurance v. Continental Underwriters, Inc. In the Circuit Court of the State of Oregon for County of Multnomah, Case No. 17CV42561 – Expert for Defendant/Third-Party Plaintiff – Insurance Agent/Broker Standard of Care, Procurement, Special Relationship.

    Westfield Insurance Company v. Kovacik Insurance Agency, In the Matter of the Arbitration of; Expert for the Respondent/Defendant – Insurance Agent/Broker Standard of Care, Procurement of Coverage, Rescission/Reformation, Material Misrepresentation.

    Cincinnati Insurance Company v. Gallen Insurance, Inc., American Arbitration Association Case No. 01 17 0004 6288, Expert for the Respondent/Defendant – Claims Handling Practices, Agent Broker Standard of Care.

    Utica Mutual Insurance Company v. Cincinnati Insurance Company, In the United States District Court for the Eastern District of Pennsylvania, Civil Action No.: 5:18-CV-01646, Expert for the Plaintiff – Insurance Agent/Broker Standard of Care, Procurement of Insurance, Claims Handling Practices, and Coverage.

    Allegis Investment Services, LLC; Allegis Investment Advisors, LLC v. Arthur J. Gallagher & Co.; Indian Harbor Insurance Company; XL Group, Ltd.; XL Catlin; XL Insurance America, Inc.; XL Specialty Insurance Company; XL America, Inc.; and Paige Navabian; In the United States District Court for the District of Utah, Central Division; Expert for the Plaintiffs – Insurance Broker Failure to Procure Coverage and Unfair Claims Handling, Negligence, Professional Liability Insurance for Securities Broker-Dealers and Investment Advisors.

    Eric S. Rossman and Tiffany R. Rossman v. Farmers Insurance Exchange; In the District Court of the State of Idaho, In and For the County of Ada, Case No.: CV01-1711405; Expert for the Plaintiff – Agent Broker Standard of Care, Failure to Procure Coverage.

    Wayne Kindrick, Lindsay Olsen, Branden Banks, Anita Larson, Barbara Davison, Derrol D. Hubbard, Joe L. Barnes, John L. Allen, Shawn T. Lowry, Chad S. Maxwell, Dane Devlin, and Mitchell G. Holthus v. Midwestern General Brokerage, LLC, Kathryn M. Gustafson; In the Circuit Court of Jackson County, Missouri at Kansas City; Case No. 1616-CV03974, Div 9 – Expert for the Plaintiffs – Broker Failure to Procure Insurance Coverage, Primary & Excess Coverage, Surplus Lines Excess Coverage, Directors & Officers Liability, Negligence, Breach of Fiduciary Duty, Breach of Contract.

    Peter H. Heins and Peter H. Heins Administrator of the Estate of Clayton Heins, Plaintiff v. Commerce and Industry Insurance Company, AIG Aerospace Insurance Services, Inc., and AIG Aerospace Adjustment Services, Inc.; In the United States District Court, Southern District of Ohio Western Division, Dayton, Ohio, Case No.: 3-17-cv-00110, Expert for the Defendants – Aviation Coverage, Unfair Claims Handling Practices.

    West Star Transportation, Inc., v. Lexington Insurance Company; McCathern PLLC f/k/a McCathern Mooty, LLP; and Levi McCathern; In the 99 th Judicial District Court of Lubbock County, Texas; Case No.: 2016-523,114, Expert for the Plaintiff – Stowers Demand, Unfair Claims Handling Practices.

    Essex Insurance Company v. The Structural Shop, Ltd., Blue Moon Lofts Condominium Association, In the United States District Court for the Northern District of Illinois, Case No.: 1:15-cv-02806; Expert for the Defendant – Issues: Unfair Claim Handling Practices, Unreasonable Delay/Denial of Coverage.

    Sapphire VP, LP v. Arthur J. Gallagher Risk Management Services, Inc. and Tracy Williams; In the District Court of Cameron County, Texas, 404 th Judicial District Court; Cause No. 2009-11-006299-G; Expert for the Plaintiff – Issues: Insurance Agent/Broker Standard of Care, Failure to Procure Coverage, Misrepresentation.

    Patrick Morrison and Melissa Morrison v. Foremost Insurance Company, Farmers Insurance Group, Lauren Chamberlain, L.A. Chamberlain Agency, and John Does 1-100; In the First Judicial District Court for the State of Nevada, In and For the City of Carson; Case No.: 1:TRT-00047-1B; Expert for the Defendant – Issues: Agent/Broker Standard of Care, Procurement of Coverage.

    United National Insurance Company v. CRC Insurance Services, Inc. In the Matter of the Arbitration of; Expert for the Defendant – Issues: Insurance Broker Duty and Standard of Care.

    American Seafoods, LLP v. Servco Insurance Services Washington, LLC d/b/a Servco Pacific Insurance and Servco Insurance Services Washington LLC d/b/a Servco Pacific Insurance v. Wells Fargo Insurance Services; In the Superior Court of the State of Washington, In and For the County of King, Civil Action No.: 14-2-31548-1 SEA – Expert for Defendant Servco – Issues: Aviation Insurance Coverage, Diminution in Value, Broker Duty to Procure Insurance, Wholesale Broker Duty and Standard of Care, Broker/Surplus Lines Broker Agency Agreements.

    TOBY v. Allianz Global Risks US Insurance Company, In the Grand Court of the Cayman
    Islands, In the Financial Services Division, Case Number: FSD 152 of 2013 (AJJ); Expert for the Defendant; Issues: Aviation Coverage Dispute, Underwriting, Rescission of the Policy, Misrepresentation in the Application for Insurance by Insured, Fraud, and Confiscation.

    Minden Air Corporation v. Starr Indemnity & Liability Company and Caledonian Insurance Group, Inc. and Does 1-100; In the United States District Court for the District of Nevada; Case No.: 3:13-cv-00592-HDM-WGC – Expert for the Defendant; Issues: Aviation Coverage and Unfair Claim Settlement Practices.

    Stryker Corporation and Howmedica Osteonics Corp. v. XL Insurance America Inc., and TIG Insurance Company, In the United States District Court for the Western District of Michigan, Southern Division; Case No.: 1:05-CV-51 – Expert for the Defendant TIG Insurance Company; Issues: Excess Liability Coverage, Notice, Coverage Trigger, and Claims Dispute Waters & Kraus, L.L.P. v. Greenwich Insurance Company, ANBTX Insurance Services, Inc., Sleeper Sewell Insurance Services, Inc., David A. Graves and Pat Moore Insurance Services, Inc. In the County Court at Law Number 5, Dallas County, Texas, Cause No. CC-12-02662-E Expert for the Plaintiff; Issues: Breach of Contract; Breach of the Duty of Good Faith and Fair Dealing; Unfair and Deceptive Trade Practices; Broker Duties, Failure to Procure Insurance Coverage.

    Rachel Kannaday v. Charles Ball v. GEICO Indemnity Insurance Company, Case No. 09-2255-JWL, In the United States District Court for the District of Kansas – Expert for the Plaintiff – Issues: Uninsured/Under Insured Auto Coverage and Unfair Claim Practices.

    Citadel Broadcasting Corporation and Citadel Broadcasting Company v. Axis U.S. Insurance Company A/K/A Axis Reinsurance Company, In the Civil District Court for the Parish of Orleans, State of Louisiana – Hurricane Litigation, Case No. 07-13559 – Expert for the Plaintiff – Issues: Business interruption Time Element Coverage Dispute and Unfair Claim Practices.