Expert Witness Cases

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Pavlick v. Brown and Brown
Case No: TBA
Superior Court of the State of Arizona, Maricopa County
Consultation: March 20, 2017 Plaintiff
Issue: Motor vehicle accident with damages far in excess of available liability coverage

Bobby Lee Tucker, Sr. V. Joe Doe and dba Doe Trucking Company
Case No: 2010-CP-16-0315
Court of Common Pleas Fourth Judicial Circuit, State of South Carolina, County of Darlington
Consultation: February 2017 Defendant
Issue: Uninsured Motorist verdict in excess of “stacked” policy limits

Mike R. Narramore v Compsource Mutual
Case No: 2011-07657F
District Court of Garvin County State of Oklahoma
Consultation: December 2016
Deposition: February 2017
Issue: Worker’s compensation claims handling

J. Allen Phelps and Katarina Phelps v. Farm Bureau Property & Casualty Insurance Company, et al
Case No: CV-14-429
Superior Court of the State of Arizona, Santa Cruz County
Consultation: October 2016 Plaintiff
Opinion: February 2017
Issue: Insurance coverage and claims handling

Werner Wester-Ebbinghaus v. Massachusetts Mutual Life Insurance Company, et al
Case No: CV2016-010420
Superior Court of the State of Arizona, Maricopa County
Consultation: December 2016 Plaintiff
Issue: Life Insurance Suitability

Janice Ghio v. Webster and Shipe, et al
Case No: 201600229
Superior Court of the State of Arizona, Yavapai County
Consultation: December 2016 Defendants
Issue: Life Insurance Suitability

Jacquelyn Crump and Christopher Crump v. American Family Insurance Company, et al
Case No: CV-16-01186-PHX-DLR
United States District Court District of Arizona
Consultation: October 2016
Issue: Standard of care for handling Underinsured Bodily Injury claim

David Perpignan v. Geico Indemnity Co., et al
Case No: CV16-1280-PHX-ROS
United States District Court District of Arizona
Consultation: October 2016 Plaintiff
Issue: Motorcycle policy coverage PIP

Strange Land, Inc. v. RCS Inc., et al
Case No: CV14-02181
United States District Court District of New York
Consultation: October 2016 Defendant
Issue: Insurance Agent standard of care

Richard v. State Farm
Case No: N/A
Consultation: October 2016 Plaintiff
Issue: Tenant Homeowners coverage issue

BK Sterling, LLC v. Affinity Group Management Co, Inc., et al
Case No: C2014
Arizona Superior Court, Pima County
Consultation: September 2016 Plaintiff
Issue: Coverage for unoccupied property being rebuilt

Victor Yim v. Ameritas Life Insurance Corp., et al
Case No: Not Assigned
United States District Court District of New York
Preliminary Opinion: July 25, 2016 Plaintiff
Issue: Standard of care for Disability Insurance Company Post-Claim underwriting and allegations of misrepresentation by applicant.

Brian R. Geiger and Loreen Geiger v. Farmers Insurance Company of Arizona; Michael S. Herrmann Insurance Agency
Case No.: CV2014-003260
Superior Court of Arizona, Maricopa County
Opinion: June 4, 2015 Plaintiff
Supplemental Opinion: October 9, 2015
Deposition: June 27, 2016
Issue: Standard of care for Insurance Agent to explain and process UN/UIM coverage form.

Gina C. Reina v. Jackson National Life Insurance Company, et al
Case No: C20152889
Superior Court for the State of Arizona, Pima County
Preliminary Opinion: June 1, 2016 Plaintiff
Issue: Standard of care for Health Insurance Agent and Health Insurance Agency to follow up regarding failed automatic bank withdrawal for premium payments.

New Mexico Mutual Casualty Company v. RC Mobile Home Services & Transport, Inc. et al
Case No.: D-202-CV-2015-02089
Second Judicial District Court New Mexico, County of Bernalillo
Consultation: June 2016
Issue: Late payment of workers’ compensation insurance premium.

Schneider v. Allstate Indemnity Company, et al
Case No.: 2015-CP-23-3841
Court of Common Pleas South Carolina, Greenville County
Consultation: June 2016
Issue: Application of the business pursuits exclusion in a homeowners policy.

Campbell v. Fidelity Title Co.
Consultation: February 18, 2016 Plaintiff
Issue: Standard of care for Title Insurance Companies and Title Agencies

Aloys Horicubonye; Bendera Mwana-Mbeya v. Country Preferred Insurance Company
Case No.: CV2015-091680
Superior Court of Arizona, Maricopa County
Consultation: February 3, 2016 Plaintiffs
Issue: Standard of care for insurance agent writing automobile insurance policies.

Investors Mortgage Holdings, Inc. v. Lloyds, London
Case No.: 2:14-cv-02001-PHX-NVW
District Court for the District of Arizona
Consultation: January 14, 2016 Plaintiffs
Issue: Coverage question under a Mortgage Banker/ Mortgage Brokers Lloyds Certificate for Insurance Requirement Errors and Omissions.

Jaynes Corporation v. Steadfast Insurance Company
Case No.: D-202-CV-2009-12089
State of New Mexico, County of Bernalillo, Second Judicial District
Opinion: January 15, 2016 Third Party Defendant
Issue: Coverage question for a “Microbial Event” for which a payment had been made by the policyholder’s previous carrier and the policy in question had two different applicable exclusions and a $250,000 SIR.

Emerald Coast Finest Produce Company, Inc. v. Sunrise Fresh Produce, LLC, et al
Case No.: 2:14-CV-00166-KS-MTP
District Court for the Southern Division of Mississippi, Eastern Division
Consultation: December 15, 2015 Defendant
Issue: Agent/broker standard of care

Jan Machado v. Byron Udall & Associates, Inc. dba Accuquote
Case No.: 4:14-cv-3590
District Court for the Southern District of Texas, Houston Division
Opinion: December 7, 2015 Third Party Defendant
Issue: Standard of care for life insurance agents.

Auto-Owners Insurance Company, et al vs. A.G.O. Contracting, Inc., et al
Case No.: 3:14-CV-1353
District Court for the Middle District of Tennessee
Opinion: October 16, 2015 Plaintiff
Issue: Standard of care for insurance broker’s failure to procure.

Letrich v. Stillwater Insurance Company
Case No.: CV2014-051366
Superior Court of Arizona, Maricopa County
Opinion: September 18, 2015 Defendant
Issue: Standard of care for insurance company claims handling – wear and tear exclusion.

Wash’N’Roll, LLC DBA Specialty Linen Service, etal v. Selective Insurance Company of the Southeast
Case No.4:14-cv-02780-JRA
District Court for the Northern District of Ohio Eastern Division
Opinion: September 1, 2015 Defendant
Issue: Standard of care for insurance company claims handling – insured’s failure to document the claim.

Levern McCray v. Allstate Insurance Company and Liberty Mutual Fire Insurance Company
Case No.: 3:14-cv-2623-TLW
District Court for the District of South Carolina Columbia Division
Opinion: August 31, 2015 Defendant
Issue: Standard of care for insurance company claims handling – bad faith allegations.

Cozetta G. Chadick and Douglas Chadick vs. IHS Insurance Group, LLC
Case No.: 2014-70909
District Court Harris County, Texas 152nd Judicial District
Consultation: July 23, 2015 Defendant
Issue: Standard of care for placement of individual health insurance policy.

Brian R. Geiger and Loreen Geiger vs. Farmers Insurance Company of Arizona, Michael S. Herrmann Insurance Agency
Case No.: CV2014-003260
Superior Court of Arizona, Maricopa County
Opinion: June 4, 2015 Plaintiff
Supplemental Opinion: October 9, 2015
Issue: Standard of care for Insurance Agent to explain and process UN/UIM coverage form.

Citywide Contracting L.L.C. vs. Companion Property & Casualty Insurance Company, and Brown & Brown Insurance of Arizona, Inc.
Case No.: CV2013-090133
Superior Court of Arizona, Maricopa County
Opinion: April 20, 2015 Defendant
Issue: Property insurance claims handling standard of care.

Lexon Insurance Company vs. Valley Springs Estates, LLC
Case No.: CV2013-00153
The Superior Court of the State of Arizona in and for the County of Coconino
Consultation: April 14, 2015 Defendant
Issue: Premium determination for Subdivision, Surety Bonds.

Travelers Casualty and Surety Company of America vs. G.I. Bechthold Corporation: Donna Becththold and Glenn Bechthold
Case No.: 3:13-cv-02962-JM-WVG
United States District Court Southern District of California
Opinion: April 6, 2015 Defendant
Supplemental Opinion: June 4, 2015
Issue: Insurance agent/broker standard of care for placement of Surety Bonds.

Jill Thommen vs. Farmers Insurance Company of Arizona, et al.
Case No.: CV2014-010821
Superior Court of the State of Arizona, County of Maricopa
Opinion:  February 17, 2015 Plaintiff
Issue: Standard of care for insurance agent to recommend additional UM/UIM coverage.

Timothy Happeny and Laural Ashford vs. Wells Fargo Insurance Services USA, Inc., et al.
Case No.: 4:14-cv-01919-BPV
United States District Court in and for the District of Arizona
Opinion: December 19, 2014 Defendant
Deposition: January 16, 2015 Defendant
Issue: Insurance agent/broker standard of care in insurance placement.

Allied Waste North America, Inc. and BFI Waste Services, LLC vs. Lewis, King, Krieg & Waldrop, PC et al.
Case No.:  Civil No. 3:13-cv-254
United States District Court for the Middle District of Tennessee at Nashville
Opinion: September 5, 2014 Defendants
Deposition: December 11, 2014 Defendants
Issue: Standard of care for corporate risk manager supervising litigating files.

Craig Miller and Jennifer Miller vs. Sam Winter and Diane Luz Winter; Sam Winter Insurance Agency, Inc.
Case No.: CV2013-011708
Superior Court, State of Arizona, Maricopa County
Opinion: October 28, 2014 Plaintiff
Issue: Standard of care for insurance agent to properly complete and document placement of their client’s insurance needs.

Erma Tackett vs. Western National Assurance Company
Case No.: A-12-671701-C Dept. No. XIX
District Court Clark County, Nevada
Opinion: October 3, 2014 Defendant
Issue: Standard of care for Insurance Company handling uninsured motorists claims.

Debbie Plucker vs. United Fire & Casualty Company
Case No.: Civ. 12-4075
United States District Court for the District of South Dakota, Southern Division
Opinion: September 8, 2014 Defendant
Issue: Standard of care for claims handling with uncooperative insured.

Granite Construction Company and Border Traffic Safety, LLC vs. BBVA Compass Insurance Agency; Med James, Inc. et al
Case No.: C20130313
Superior Court Pima County Arizona
Opinion: August, 2014 Plaintiff
Issue: Insurance agent/broker standard of care in insurance placement.

Michael Conner and Kathy Camps vs. Beaver Insurance Agency, et al
Case No.: S-1500-CV-201400013
Superior Court La Paz County, Arizona
Opinion: July 11, 2014 Plaintiff
Issue: Insurance agent/broker standard of care in insurance placement and documentation.

Emily Behnke and Karen Behnke vs. Mid-Century Insurance Company and DOES 1 through 10, Inclusive
Case No.: 37-2013-00035990-CU-BC-CTL
Superior Court of the State of California for the County of San Diego, Central Division
Consultation:   June 2014 Plaintiff
Issue: Insurance company claims handling standard of care.

DST Homes Inc. vs. State Auto Property and Casualty Insurance Co., et al
Case No.:  Civil No. 100500504
Third Judicial District Court for Summit County, State of Utah
Opinion: April 15, 2014 Plaintiff
Deposition: August 7, 2014 Plaintiff
Issue: Insurance company claims handling standard of care.

Maryland Casualty Company vs. Liberty Roofing, LLC, et al
Case No.: cv2013-001960 (consolidated with CV2013-001180)
Superior Court of Arizona, County of Maricopa
Opinion: March 26, 2014 Defendant
Issue: Subrogation claims handling standard of care.

Franklin and Debbie Dash v. Selective Insurance Company of South Carolina
Civil Action No.: 5:12-2732-TLW
United States District Court for the District of South Carolina, Orangeburg Division
Opinion: February 24, 2014 Defendant
Issue: Insurance company claims handling standard of care.

American United Life Insurance Company vs. Thomas D. Broatch and Lynda Garland
Case No.: 2:13-cv-00956-SRB
United States District Court for the District of Arizona
Opinion: February 5, 2014 Plaintiff
Deposition: May 20, 2014 Plaintiff
Issue: Insurance company claims handling standard of care.

Gallegos vs. Gonzalez, et al and Related Cross Actions
Case No.: 586980
District Court Clark County, Nevada
Opinion: November 2013
Supplemental Opinion: December 2013
Issue: Standard of Care for Claims Handling

DR Horton v. Maryland Casualty
Case No.: 3:12-cv-3353-JFA
United States District Court, District of South Carolina, Charleston Division
Opinion: August 2013 Defendant
Issue: Insurance coverage for an additional insured in a construction defect case.

Essex Insurance Company v. Knight, Nichols, Adiz. LLC, ATC Development, Duck & Son Roofing – The Owners at The Christopher Downs Project
Case No.: 1:13-cv-00251- JMC
United States District Court for the District of South Carolina
Opinion: June 18, 2013 Plaintiff
Issue: Insurance coverage in a construction defect case and the “time on risk calculation”.

Ezequiel Casillas and Sonia Casillas, husband and wife vs. American Family Mutual Insurance Company ; Maureen E. Roberts and John Doe Roberts, wife and husband; John Does I-X
Case No. CV2011-018597
Superior Court of the State of Arizona in and for the County of Maricopa
Opinion: May 2013 Plaintiff
Deposition: August 2013
Issue: Insurance claims handling issues in a underinsured motorist case.

D.R. Horton, Inc. and C. Richard Dobson Builders, Inc., v. American Southern Insurance Company
Case No.: 2:12-cv-01697-RMG
United States District Court for the District of South Carolina
Opinion: April 2013 Defendant
Supplemental Opinion: June 2013
Deposition: June 2013
Issue: Insurance coverage for an additional insured in a construction defect case.

Essex Insurance Company v. Carriage Hill Associates, et al   – “The Oaks”
Case No.: 2:12-cv-014770-RMG
United States District Court District of South Carolina
Consultation: March, 2013 Defendant
Issue: Insurance coverage and claims handling issues in a construction defect case, “time on risk calculation”.

David Chestnut and Kentucky, Inc. v. Van Meter Insurance Group, Phillip Schardein, et al
No Case Number, Prior to onset of litigation
Opinion: March, 2013 Plaintiff
Issue: Standard of care for insurance agents/brokers in placement of property Insurance coverage.

Scottsdale Art Factory LLC vs. American Fire and Casualty and Horizon Insurance Group
Case No.: CV2011-015269
Superior Court of Arizona, Maricopa County
Opinion: February, 2013 Plaintiff
Issue: Standard of care for property Insurance claims handling.

Bone Enterprises, LLC, dba AUGIE’S Sports Grill v. M&O Agencies, Incorporated dba The Mahoney Group.
Case No. CV2012-015729
Superior Court of Arizona, Maricopa County
Affidavit: October, 2012 Plaintiff
Issue: Insurance agent standard of care to advise insured whether requested coverage has been acquired.

J&R Honeysuckle Enterprises Inc., v. Donald Wester Insurance Agency
Case No. CV2011-011971
Superior Court of Arizona, Maricopa County
Affidavit: October 2012 Plaintiff
Issue: Insurance agent duty to inform client that a replacement auto policy did not contain Underinsured Motorist coverage as did the expiring policy.

Beazer Homes Corp. v. Essex Insurance Company, et al
Case No.: 4:10-cv-02419-RBH-TER
United States District Court District of South Carolina, Florence Division
Consultation: October 2012 Defendant
Issue: Insurance coverage and claims handling issues.

Hamel vs. Warranty Company, Inc.; Don Johnson; AAA Northern California, et al
Case No. 109CV147588
Superior Court of the State of California
Declaration: July 2012 Plaintiff
Issue: Claims handling standards.

Essex Insurance Company v. Laubenstein, Rowland, Adiz Development, Duck & Sons roofing, et al
Case No.: 1:12-cv-00193-TLV
United States District Court District of South Carolina, Aiken Division
Opinion: July 2012 Plaintiff
Issue: Declaratory Judgment – Insurance Contract – Time on Risk Calculation.

Stewart Information Services Corporation and Stewart Title Guarantee Company v. Great American Insurance Company
Case No.4:11-CV-02951
United States District Court for the Southern District of Texas, Houston Division
Opinion: June 2012 Plaintiff
Deposition October 2012
Issue: Coverage issue for Financial Institution Bond.

Michael Kaye and Pamela Gerver-Kaye v. Jason Sliwoski, State Farm Insurance, et al
Case No.: BC446296
Superior Court of the State of California for the County of Los Angeles
Opinion: January 2012 Plaintiff
Issue: Standard of care for placement of life insurance.

Robert Urian, a single man v. Allstate Property & Casualty Insurance Company
Case No.: CV2011-012116
In the Superior Court of the State of Arizona in and for the County of Maricopa
Consultation: October 2011 Plaintiff
Issue: Standard of care for claims handling.

Ryne Kunce v. Time Insurance Company d/b/a/ Assurant Health
Case No.4:10-CV-00535
United States District Court Southern District of Iowa, Central Division
Consultation: October 2011 Plaintiff
Issue: Standard of care for claims handling under a short term medical insurance policy.

Travelers Casualty Insurance Company of America, (Plaintiff/Counterclaim Defendant) v. HRE Ivy Holdings, LLC, (Defendant/Counterclaim Plaintiff)
Case No.: 4:10-cv-148
United States District Court for the Eastern District of Virginia, Newport News Division
Opinion: July 2011 Defendant/Counterclaim Plaintiff
Issue: Standard of care for claims handling.

El Paso Saturn, Inc. d/b/a/ Saturn of Las Cruces vs. Brown & Brown Insurance Services, R. Michael Hubley and Travelers Indemnity Company
Case No.: CV-09-2211
State of New Mexico, County of Dona Ana, Third Judicial District Court
Opinion: May 2011 Plaintiff
Issue: Standard of care for insurance brokers and agents.

Bermudez  v. Leshney
Case No.: CV2009-054603
Superior Court of Arizona, Maricopa County
Opinion: April 2011 Defendant
Issue: Potential impact on insurability and employability of certain health issues revealed during the course of litigation.

Carolina Casualty Insurance Company vs. Nanodetex Corporation et al.
Case No.: D-820-CV-200700155
In the United States District Court for the District of New Mexico
Opinion: April 2011 Plaintiff
Issue: Standard of care for insurance company claims handling.

Continental Casualty Company v. F Star Property Management
Case No.: EP10CA0102 KC
In the United States District Court for the Western District of Texas El Paso Division
Opinion: March 2011 Plaintiff
Issue: Standard of care for insurance company claims handling and claims valuation.

Timothy D. Ryan as assignee of Moylif, Inc. d/b/a/ The Dubliner Irish Pub and Restaurant vs. F. William Griffeth and Hester Heitel & Associates Inc., an Arizona Corporation
Case No.: CV2010-015101
Superior Court of Arizona, Maricopa County
Opinion: February 2011 Plaintiff
Issue: Standard of care for insurance agent.

Knight Transportation, Inc., an Arizona Corporation, et al v. Baldwin & Lyons, Inc. an Indiana Corporation; Protective Insurance Company, Sagamore Insurance Company, B&L Brokerage Services, Inc., et al
Case No.: CV2010-020885
Superior Court of Arizona, Maricopa County
Consultation: June 2011 Plaintiff
Issue: Standard of care for workers’ compensation TPA claims handling.

Rapid Park Industries and B.E.W. Parking Corp., v. Great Northern Insurance Company and Federal Insurance Co.
Case No.: 09-CV 8292-JSR
United States District Court, Southern District of New York
Opinion: May 21, 2010 Plaintiff
Deposition: June 14, 2010
Issue: Coverage opinion for loss of business income claim.

Bolado v. Cole et al
Case No. CV2009-052317
Superior Court of Arizona, Maricopa County
Opinion: May 2010 Plaintiff
Issue: Standard of care for life insurance sales agents.

Marvin Evans vs. Certain Underwriters at Lloyds London, KMS Associates, Inc. and Greenwich Insurance Company
Case No.: 06 CAVE 13343 (12)
In the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida
Opinion: March 2010 Plaintiff
Issue: Standard of care for insurance agent to add additional insureds and coverage issues.

AJF Custom Homes, L.L.C., v. American Family Mutual Insurance Company, John Dall and Linda Dall, Husband and wife
Case No. CV2009-018679
Superior Court of the State of Arizona, County of Maricopa
Opinion: February 2010 Plaintiff
Issue: Standard of care for insurance agent placing coverage for building contractor.

Ceredian Benefit Services, Inc. v. Wayne M. Shuh, DBA the Wyndon Group
Case NO. 09-10320-CI
In the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida Circuit Civil
Consultation: January 2010 Plaintiff
Issue: Standard of care for paying finders fees or commissions for insurance business introductions.

Lakeland True Value Hardware, LLC v. Hartford Insurance Company
In the District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai
Case No.: CV08-7069
Opinion: November 2009 Plaintiff
Issue: Standard of care for handling loss of business income claims.

Anderson v. Illinois Union Insurance Company
Consultation: October 2009 Plaintiff
Issue: Interpretation of errors & omissions insurance coverage.

The Village at University Heights Owners Association vs. Auto-Owners Insurance Company, et al
Case No.: S-0300-CV-20090371
Opinion: July 2009 Plaintiff
Issue: Standard of care for writing proper commercial property coverage.

Cavalo, A.S.E.S.T. Security vs. Cheeney Insurance Agency, Inc.
In the Superior Court of the State of Arizona in and for the County of Maricopa
Case No. CV2008-052984
Expert Report: July 2009 Plaintiff
Issue: Standard of care for insurance brokers renewing commercial insurance policies.

Kenneth Seybert v. Cominco and Alaska National Insurance Company
In the Supreme Court for the State of Alaska
Case NO. S-12085
Expert Report: July 2009 Plaintiff
Issue: Standard of care for claims adjusters and attorneys dealing with unrepresented workers’ compensation benefits recipients.

Jesse M. Grygorfan and Lipin G. Grygorfan v. B.H. Gold Insurance Agency, Inc.; Praetorian Specialty Insurance Company; Cabrillo General Insurance Agency Inc.; San Diego Gas and Electric Company Corporation
Superior Court of the State of California in and for the County of San Diego
Case No.: 37-2008-00087344-CU-IC-CTL
Consultation: June 2009 Plaintiff
Issue: Standard of care for insurance brokers to recommend correct type of policy for farm and ranch exposure.

Schwarz v. Edward Jones, et al
Consultation: January 2009 Plaintiff
Issue: Standard of care for replacement life insurance policies.

Daniel and Patricia Finn v. Liberty Mutual, et al
First Judicial District, County of Santa Fe, New Mexico
Case No.: CV 2007 01695
Consultation: January 2009 Defendant
Expert Opinion: August 2009 Defendant
Issue: Standard of care for claims handling under a homeowners policy.

Kristi Cooper, et al v. St Paul Surplus Insurance Company and Gary Linkous
United States District Court District of Oregon
Case No.: CV 05-785-MO
Expert Consultation: January 2009 Plaintiff
Issue: Standard of care for an attorney to comply with the statute of limitations for filing a claim against an insurance company.

Hild v. Owen, et al (Allstate)
Superior Court of the State of Arizona in and for the County of Maricopa
Case No. CV2007-019202
Expert Consultation: January 2009 Defendant
Expert Opinion: April 2009 Defendant
Issue: Standard of care for insurance agent advising client of liability limits on personal policy for uninsured motorist and underinsured motorist coverage.

Anthony Castillo de Martin and Hilda Castillo De Martin, Husband and Wife vs. AAA Arizona, Inc. et al
Superior Court of the State of Arizona in and for the County of Pima
Case No.:CV20088119
Expert Opinion: January 2009 Plaintiff
Supplemental Opinion: December 2009
Issue: Standard of care for insurance agent advising client of liability limits on personal auto policy.

Javier Higuera and Elvia Q. “Vicki” Higuera, husband and wife, surviving parents of Nidia C. Higuera, deceased and Alfonso Salazar, vs. The Burlington Insurance Company Inc., Transwestern General Agency; and Arizona Policies Unlimited
Superior Court of the State of Arizona in and for the County of Pima
Case No.: CV 2007-6301
Expert Opinion: January 2009 Defendant
Issue: Standard of care for insured to provide correct and true underwriting information to insurance agent.

Salvatore Finocchiaro v. Travelers Companies, Inc. / Bowman & Associates Insurance Agency
Assigned: October 2008
Consultation: October 2008 Plaintiff
Issue: Standard of care for insurance agent to inform an insured of the reduction of coverage under the vacancy clause of a commercial insurance policy.

Eric A. Braverman, Guardian and Conservator of Pamela Jean Smutzki, a Legally Incapacitated Individual vs. Sentry Insurance, a Mutual Insurance Company; Dairyland Insurance Company, a subsidiary of Sentry Insurance; and Gary K. Smith Insurance, a sole proprietorship
State of Michigan, Superior Court for the County of Oakland
Case No.: 07-085690 NF
Expert Consultation: September 2008 Plaintiff
Expert Affidavit: November 2008 Plaintiff
Issue: Standard of care for independent insurance agent giving notice of termination of vehicle coverage.

Eileen Van Eerd vs. American Family Insurance Group
Uninsured Motorist Arbitration
Expert Consultation: September 2008 DefendantExpert Opinion: October 2008 Defendant
Issue: Are increased health insurance premiums allowable as a measure of damages in an uninsured motorist claim?

H. Webb Hayes and Beverly L. Hayes, Arizona Packaging Materials vs. The Travelers Indemnity Company of America
Superior Court of the State of Arizona in and for the County of Maricopa
Case No.: CV2004-012543
Expert Deposition: September 2008 Plaintiff
Expert Deposition: September 2009
Issue: Standard of care for insurance company to investigate and make a decision as to pay or deny a first party claim.

R.F. Fisher Electric Company LLC v. Schifman Remley & Associates, Inc. Insurance
In the District Court of Johnson County, Kansas
Case No.: 08CV06955
Expert Consultation: June 2008 Plaintiff
Expert Opinion: March 2009
Supplemental Expert Opinion: October 2009
Trial Testimony: November 2009
Issue: Standard of care for an insurance agent placing a commercial workers compensation policy.

Cruz Solis and Rosa Maria Solis v. State Farm Fire and Casualty Company
Superior Court of the State of Arizona in and for the County of Maricopa
Case No.: CV2007-070458
Expert Affidavit: June 2008 Plaintiff
Issue: Standard of care for captive insurance agent placing and following up for homeowners insurance policies.

Mario Camagro, Ltd. d/b/a Good Neighbor Insurance Group adv. Nevada Direct Insurance Co., et al
District Court Clark County, Nevada
Case No.A530560, DEPT NO.:XI
Expert Consultation: February-April 2008 Plaintiff and Counter-defendants
Issue: Standard of care for an insurance agent to rate auto policies.

Certain Underwriters at Lloyd’s London v. R.B.I. Framing, and Russell E. Branton dba R.B.I. Framing
Superior Court of the State of California for the County of Los Angeles – Central District
Case No.: BC 353631
Expert Declaration: February 14, 2008 Defendant
Issue: Standard of care for an insurance provider to timely inform insured of complete details of the anticipated cost of a policy.

Eagle Flight of Arizona, Inc. v. Union Life & Casualty Insurance Agency
Superior Court of the State of Arizona, County of Maricopa
Case No.: CV2006-051326
Expert Report: November 2007 Defendant
Issue: Standard of care for insurance broker handling placement of client’s insurance policy.

Fleshner v. Nationwide Insurance Company, et al
United States District Court, District of Arizona
Case No.: CV-07-01063-PHX-SMM
Expert Report: October 2007 Plaintiff
Issue: Standard of care for insurance broker to explain homeowners coverage to client.

Coachmen Industries, Inc. and Georgie Boy Manufacturing, LLC v. Royal Surplus Lines Insurance Company
United States District Court Middle District of Florida Jacksonville Division
Case No.: 3:06-cv-00959-HWM-HTS
Expert Opinion: October 2007 Plaintiff
Issue: Standard of care imposed on an insured for reporting claim information to an insurance company under a comprehensive general liability policy with a self-insured retention endorsement.

Premium Capital LLC v. Van Esch, Inc.
Superior Court State of California, Los Angeles County
Case No.: KC049498 R
Consultation: September 2007 Defendant
Issue: Standard of care for a broker advising their insured regarding a premium audit.

Lumos & Associates, Inc. v. A&H Insurance, et al
First Judicial District Court, State of Nevada
Case No.: 03-00247A
Expert Report: August 2007 Plaintiff
Deposition: February 11, 2008 Plaintiff
Issue: Standard of care for an insurance broker charging commissions and fees.

Grodin v. Tokio Marine and Fire and GIECO Insurance Company
United States District Court
Southern District of New York
Case No.: 05 CV 9153 (DLC)
Expert Report: March 2007 Plaintiff
Issue: Standard of care for insurance company handling subrogation claim against their insured.

Stuart v. Pittman & County Mutual
Yamhill County Circuit Court
Case No. CV050384
Expert Report: None
Trial Testimony: November 2006 Plaintiff
Issue: Standard of care for captive insurance agent, coverage provided by a builders risk insurance policy.

Andrea Leigh Hazen vs. Southern United Fire Insurance Company
United States District Court Middle District of Florida Tampa Division
Case No. 8:05CV-2170-T26MAP
Expert Report: July 2006
Deposition: September 2006 Defendant
Issue: Standard of care for named insured to cooperate with insurance company investigation, standard of care of insurance company claims handling.

Gary Lee Malone v. Nabors Drilling USA, Inc., National Union Fire Insurance Company of Pittsburgh, PA, Gallagher Bassett Services, Inc., et al
Circuit Court of the Second Judicial District of Jones County, Mississippi
Civil Action No. 2003-230-CV12
Assigned: June 2006
Expert report: None
Deposition: August 2006 Defendant
Issue: Standard of care for insured reporting workers’ compensation claims to contract Third Party Administrator (TPA), standard of care for TPA’s receiving claims.

City of Phoenix vs. Standard Parking
Assigned: May 2006
Consultation: June 2006 Defendant
Issue: Contract dispute between the City of Phoenix and Standard Parking regarding insurance charges.

Phoenix Indemnity Insurance Company v. Hallmark Claims Service, Inc. et al
Maricopa County Superior Court
Case No. CV2004-008961
Assigned: August 2005
Expert report: None
Deposition: August 2006 Defendant
Issue: Standard of care in litigation supervision for Third Party Administrators.

Commonwealth Edison vs. National Union Insurance Company (AIG)
In Re Arbitration of Commonwealth Edison Company v. National Union Fire Insurance Company
Expert Report: August 2005
Deposition: August 2005 Defendant
Issue: Standard of care for insureds reporting claims to insurance company.

Arizona Fire & Water Restoration v. David Hoernschmeyer and Diane Hoernschmeyer, husband and wife; State Farm Insurance Company, et al
Superior Court State of Arizona, Maricopa County
Case No. CV 2002-021492
Expert Report: June 2005
Deposition: July 2005 Plaintiff
Issue: Definition of insurance proceeds under homeowners policy and assignment to contractor.

DeFoor vs. Lockwood, et al
Superior Court State of Alaska Third Judicial District
Case No.: 3AN-03-8114CI
Expert report: June 2005
Deposition: July 2005 Plaintiff
Issue: Standard of care for an insurance broker dealing with two insureds on one policy and policy definition of improvements and betterments.

Rode vs. Rode
Superior Court State of Arizona, Maricopa County
Case No.: CV050384
Trial Testimony: August 2003 Plaintiff (Mr. Rode)
Issue: Annuitization of retirement benefits in a divorce.

Royal Surplus Lines Insurance Company vs. Coachmen Industries, Inc. GAB Robins North America, et al., F/K/A GAB Business Services, Inc., Georgie Boy Manufacturing and Georgie Boy Projects, Inc.
United States District Court Middle District of Florida Jacksonville Division
Case No.: 3:01-CV-301-J-16HTS
Expert Report: February 2002
Deposition: June 2004 Defendant
Issue: Standard of care imposed on an insured for reporting claim information to an insurance company under a comprehensive general liability policy with a self-insured retention endorsement.