Expert Testimony

Trials

Confidential

St. Louis, Missouri, testimony on behalf of the defendant

 

(Confidentiality Agreement in Place)

 

Depositions

Robert and Dusty Levan v Stewart Title Guarantee Company

Unites States District Court for the Eastern District of Pennsylvania

Engaged by counsel for the plaintiff in a bad faith action alleging in part, wrongful denial of benefits in a dispute over title to land claimed to be owned by the plaintiffs and upon which a neighbor constructed a fence. 

 

John Scalish, et al v State Automobile Mutual Ins. Co.

Court of Common Pleas Cuyahoga County Ohio

Engaged by counsel for the plaintiff in a property bad faith action alleging in part, wrongful denial of benefits subsequent to a fire at Frankie and Dylan’s Auto Body which was owned by the plaintiffs.

 

Hankins v Philadelphia Contributionship

Superior Court of NJ Law Division Ocean County

Engaged by counsel for the plaintiff in a wrongful death, negligence and bad faith action alleging in part, negligence by the adjuster lead to the death of the property owner.

 

Confidential

St. Louis, Missouri, deposition on behalf of the defendant

 

(Confidentiality Agreement in Place)

 

Depositors v Four Winds

Kane County Illinois, deposition on behalf of the plaintiff

Engaged by counsel for the plaintiff carrier to review the amount of a settlement in a UIM claim and determine if it was fair and reasonable. Plaintiff sought indemnification from another carrier.

 

Reports

Hartford v Sedgwick

Supreme Court of the State of New York County of New York

Retained by counsel for the defendant to review materials and opine of the handling of a Massachusetts nursing home claim, for which, Sedgwick acted as Hartford’s third-party administrator.

 

Golon v Selective

United States District Court for the Western District of Pennsylvania

Retained by counsel for the plaintiff to review materials and opine on if the failure of the carrier to resolve the case prior to a verdict in excess of the policy limits was consistent with accepted insurance industry claims practices.

 

John and Tammy Scalish and Frankie & Dylans Inc. v State Automobile Ins. Co.

Court of Common Pleas Lake County Ohio

Retained by counsel for the plaintiff to review materials and opine if the denial of benefits for the loss of personal property and other claims subsequent to a fire was consistent with policy language and if the claim handling was consistent with accepted insurance claims industry practices.

 

Ocelus v Westfield

Philadelphia Court of Common Pleas

Retained by counsel for the plaintiff to review materials and opine on the denial of benefits after a fire base on the status of the location where the fire originated.

 

626 N. Front LLC T/A Aura v Thomas Grubb, et al

Court of Common Pleas of Philadelphia County, PA

Retained by Counsel for the plaintiff to review materials and opine on the denial of benefits after a fire base on an alleged failure to have the proper fire alarm. 

 

Jabrena Barnett, et al v Infinity Indemnity Insurance Company

Court of Common Pleas of Philadelphia County, PA

Retained by counsel for the defendant to review file materials and render an opinion if the investigation and subsequent denial of coverage for a surplus lines personal auto policy was in good faith, appropriate and consistent with policy language.

 

Sharon and Louis Lippert v. Erie Insurance Exchange

Court of Common Pleas of Allegheny County, PA

Retained by counsel for the defendant to review file materials and render an opinion as to the handling of the claim and if it arose to a level of Bad Faith.

  

Heller’s Gas v International Insurance Company of Hanover

US. District Court for the Middle District of PA

Engaged by counsel for the plaintiff to review file materials and determine if the investigation and subsequent denial of coverage for a sinkhole loss was in bad faith, inconsistent with industry standard practices and contrary to policy language.

 

Jabari Najja N’Kosi v JP Morgan Chase Bank, N.A.

Supreme Court of the State of New York County of Kings

Retained by counsel for the defendant to reviw documents related to the distribution of insurance proceeds relative to a casualty loss to the plaintiff’s property.

 

TomBev Restaurant Services LLC v Certain Underwriters at Lloyds London

Court of Common Pleas of Buck County, PA

Retained by counsel for the plaintiffs to review file materials and opine if the investigation and subsequent denial of coverage was in bad faith. I was asked to opine if the investigation was thorough and consistent with industry standards and practices and if the facts derived from the investigation were sufficient to support a reasonable basis for a denial of coverage.

 

Stone v Millville Mutual

Court of Common Pleas Dauphin County, Pennsylvania

Engaged by the plaintiff to review coverage, the handling of the claim and the subsequent denial of coverage by Millville Mutual to their insured, Patrick Hannigan. At issue were the definition of an insured in the Millville Mutual policy and the status of Patrick Hannigan in relation to the named insured on the Millville policy. 

 

Raup v Donegal insurance company

Court of Common Pleas Dauphin County, Pennsylvania

Engaged by counsel for the plaintiff to review the handling of a water loss claim and determine if the actions of the carrier supported claim for Bad Faith. This involved a review of the claim investigation and handling, the damages, the delay in fair and reasonable offers.

 

Hankins v Philadelphia Contributionship

Superior Court of New Jersey Law Division

Engaged by counsel for the plaintiff to determine if the actions of the carrier a claim of Bad Faith. This involved a review of the coverage and the conduct of the independent adjuster. The case involved a fatality when a tree, blown over during Superstorm Sandy, unexpectedly stood back up killing the plaintiff.       

 

Superior Walls v Penn National

Court of Common Pleas Philadelphia County, PA

Engaged by counsel for the plaintiff to review the settlement and determine if the settlement was fair and reasonable. The case involved a denial of coverage to an Additional Insured. Plaintiff’s carrier stepped up to resolve the underlying action and sought indemnity from denying carrier.

 

Morrissey v State Farm

Federal District Court for the Middle District of PA

Engaged by counsel for the plaintiff to determine if the delay in resolving a fire loss claim was unreasonable. The case involved allegation that the defendant failed to adhere to internal policies, made unreasonable requests for multiple Examinations Under Oath.

 

Steadfast Insurance Company v Security Engineers Inc.

United States District Court for the Northern District of Alabama

Engaged by the plaintiff to review the facts of the case and render an opinion on a coverage based on the underlying facts, the policy language and insurance industry customs and practices in resolving coverage issues . The case involved the declination of coverage in an incident involving an armed security guard.

 

2311 N Front St v Certain Underwriters at Lloyds, et al

Court of Common Pleas Dauphin County, PA

Engaged by counsel for the plaintiff, my assignment was to determine if a delay in resolving the insured’s flood claim was reasonable, if the investigation was consistent with usual industry practices and if the investigation was thorough and complete.

 

Rizk v State Farm

Court of Common Pleas Dauphin County, PA

Engaged by counsel for the plaintiff to review the case and determine if coverage was unfairly applied and misinterpreted. This property case involved a burst pipe due to freezing in an unoccupied home.

 

Jackson v Allstate

Court of Common Pleas Philadelphia County, PA

Engaged by counsel for the plaintiff, my assignment included determining if a delay in resolving this water loss due to freezing was reasonable. The case involved interpretation of policy language as well as a review of the investigation for thoroughness.

 

Camillo v Erie

Letter of Merit

Request by counsel for the plaintiff to review some documents and determine if the insured had a good faith basis to bring an action for bad faith action. Information presented involved offers to resolve an Underinsured Motorist case.

 

Consulting

Cunningham v Duckworth

Butler County, PA, review coverage and advise plaintiff

 

Kearns v American Specialty and Insurance and Risk Services Inc.

Pennsylvania, review coverage and advise plaintiff

 

Articles Published

Coverage Gap Conundrums: What You Don’t Know Can Hurt Your Client

Professional Liability Defense Federation Quarterly

Fall Special Edition

Dec. 12, 2017

 

Metrics can turn claims into a commodity

National Underwriter; Property Casualty 3600

Claims, Education & Training

Feb. 9, 2017

 

Why expert witnesses can be critical in coverage litigation

National Underwriter; Property Casualty 3600

Claims, Education & Training

Jan. 24, 2017

Co-authored with Lou Castoria

 

Special Ed Regulations May Affect you Insurance Coverage

PSBA Bulletin: Risk Manager

June 2008

 

The Erosion of Your School Immunities

PSBA Bulletin: Insurance Matters

Vol. 70 No. 2,

April 2006

 

Speaking Engagements

Litigating Institutional Bad Faith                                                                 April 2017

 Presented at the Pennsylvania Association of Mutual Insurance Companies Claims Conference in Gettysburg, PA on the differentiation of Institutional (systemic) Bad Faith versus “one off” or isolated bad faith. (2.5 CE credits)

 Insurance Litigation                                                                                     Aug. 2016

Presented at a seminar at California University in Canonsburg, Pennsylvania on the Babcock and Wilcox v American Nuclear case and the impact this will have on cases when a carrier provides a qualified defense under a reservation of rights.

 (2.5 substantive and 0.5 ethics credits)

Winning at Arbitration                                                                          Aug. 2014

(3.0 CLE substantive credits approved for ACT 48 credits)

Participated as a panel member and lectured on structuring the complaint to create coverage issues, the threat of bad faith and valuation of damages designed to help plaintiff and defendants prevail at arbitration

Winning at Arbitration                                                                          Dec. 2013

(3.0 CLE substantive credits approved for ACT 48 credits)

Participated as a panel member and spoke on the coverage strategies designed to help plaintiff and defendants prevail at arbitration

Teacher Layoffs, Let me count the ways                                                 Aug. 2011

(3.0 CLE substantive credits approved for ACT 48 credits)

Participated as a panel member and spoke on the impact of public hearings on civil litigation relative to insurance coverage available to most schools

Due Process and Loudermill Hearings:                                                 Aug. 2010

 (3.0 CLE substantive credits approved for ACT 48 credits)

Participated as a panel member and spoke on the impact of public hearings on civil litigation relative to insurance coverage available to schools.

Strategies to Insure Better Results at Arbitration:                                   Aug. 2009 

(3.0 CLE substantive credits approved for ACT 48 credits)

Participated as a member of a panel and spoke on the impact on the school’s insurance of grievance arbitrations, EEOC/PHRC investigation and alternative dispute resolution arbitrations.

 

Torts Actions against Schools and Townships:                                       Dec. 2008

(3.0 CLE substantive credits approved for ACT 48 credits)

Participated as a member of a panel and spoke on immunities available to schools in Pennsylvania under the Political Subdivision Tort Claims Act and how insurance carriers handle claims in this environment.

 Booster Clubs and Title IX                                                                    Aug. 2014

Use of monies from booster clubs have been used to help fund school sports. Requirements of Title IX present a risk to schools of potential civil rights actions. Schools need to understand the risks and take affirmative actions to protect themselves.

“Risky Business” Changes in the Educational Environment                    Nov. 2013

How educating students has changed as a result of technology, civil rights, active intruders, workplace violence and risk management techniques to help schools avoid litigation and mitigate damages.

Issues schools face in light of Penn State case                                        July 2012

Presented risk management techniques and coverage analysis to avoid litigation and mitigate damages, such as establishment of investigatory policies and practices, for schools in light of issues evolving at Penn State.

CSIU Board meeting                                                                             June 2012

Tort and civil rights issues impacting schools, risk management techniques to avoid litigation and mitigate damage.

School Furloughs and Layoffs:                                                              July 2011                       

In conjunction with a chosen law firm, I presented six seminars at locations across Pennsylvania designed to educate school personnel on the proper method to implement layoffs and furloughs of professional personnel, the impact on the insurance program and potential coverage pitfalls.

Avoiding Personal Liability:                                                                  April 2011

Prepared and presented a seminar at the regional meeting of Human Resource Directors describing Risk Management techniques to lessen the exposure of Personal Liability in a School Environment.

Personal Liability and Adequacy of Policy Limits:                                  Nov. 2010

Prepared and presented a seminar at Annual Intermediate Unit Human Resource Manager’s Conference personal liability in special education civil rights cases which have presented a challenge to adequacy of insurance policy

Technology, Social Media and School Insurance:                                   Aug. 2010

Prepared and presented a seminar to teachers, administration and support staff on current issues involving email, social media, cell phones and other technology issues which may give rise to ligation and how the school’s insurance may apply.

Personal Liability and Adequacy of Policy Limits                                   June 2010

Prepared and presented a seminar at Annual Intermediate Unit Business Manager’s Conference personal liability in special education civil rights cases which have presented a challenge to adequacy of insurance policy

Personal Liability and Adequacy of Policy Limits                                   May 2010

Prepared and presented a seminar at Annual Intermediate Unit Executive Director’s Conference personal liability in special education civil rights cases which have presented a challenge to adequacy of insurance policies.

Sexual Harassment Training:                                                                May 2010

Participated and presented on a panel to train school staff on avoiding sexual harassment and personal liability during an in-service training day.

Current Issues in School Insurance:                                                      Nov. 2009

Prepared and presented a seminar at the meeting of Beaver County School Business Managers describing coverage available applicable to the different types of exposures faced by schools.

Keeping Our Children Safe:                                                                  May 2011

Participated on a panel and presented strategies for dealing with Bullying and Cyber Bullying, and the applicability of insurance coverage.

Municipal Symposium:                                                                          March 2011

Participated on a panel and presented strategies for avoid civil rights litigation based on a charge of discrimination under the Equal Pay Act and the application of insurance coverage.

Insurance Issues for Schools:                                                                Jan. 2011

Prepared and presented a training seminar for schools on general insurance issues, trends in special education and their impact on school insurance, tips on avoiding employment-based litigation, current topics of particular importance to schools in Pennsylvania.

 

My rate is $350.00 per hour