Class Action Auto Insurance Case - I was retained to testify regarding a drafting error in the coverage section of a large national insurer's personal auto policy. At issue were the effects on coverage, whether there had been bad faith, and establishing quantification of claimed damages.
Construction Defect - I provided trial testimony in a Colorado matter involving major construction defect issues with damages in excess of $4,000,000. Significant issues included a denial based on late notice and whether the insurer had a duty to defend the specific allegations in the Complaint.
Duties of an Agent - Following an insurer's denial of a large claim in Nevada based on a policy exclusion, the insured sued the agent for negligence in not obtaining appropriate coverage. I testified regarding the availability of coverage, whether the producer had acted within appropriate industry standards, and the duties of the insured relating to the loss.
Duty of Primary to Excess Carrier - When a primary carrier allegedly did not make a reasonably prompt settlement in a covered claim, an excess insurer became directly involved and resolved the claim using its funds. This led to an action against the primary insurer by the excess for reimbursement of its indemnity and expenses. I testified regarding the duties of a primary carrier under the circumstances and whether the excess insurer had a valid action.
Subrogation-How Much Is Owed? - When an Alaska day spa burned, a surge protector was immediately suspected, and later identified as the cause. The manufacturer's insurer accepted liability, and a dispute arose regarding the proper amount for repairs when the owners rebuilt a much larger facility. I was retained to testify regarding the claims for damages including costs of a temporary location during reconstruction of the building.
First Party Bad Faith - A Colorado homeowner claimed that large amounts of high-value scheduled jewelry were stolen during a burglary. Following an investigation, the insurer denied coverage based on fraud; the policyholder brought an action for bad faith. I testified regarding appropriate standards and practices of an insurer and whether the denial was reasonable based on the weight of the evidence.
Workers' Compensation - A large California farm chose its workers' compensation carrier based on a projected dividend if claims history proved favorable. Despite very low losses, the insurer paid only a small amount, citing business reasons related to an acquisition as the reason. I testified regarding the financial impact of declaring dividends based on the insurer's rating and capital structure.
Served as expert in an $11 million construction defect action — subjects were claim handling and duty of primary to excess insurer.
Testified in a $9 million wrongful death case where additional insureds were the issue.
Testified in a $100 million dispute involving storm damage to luxury property.
Extensive experience with pollution/environmental claims handling — as expert and artbitrator.
Served as expert in a "tower" of coverage in excess of $100 million in a widespread groundwater contamination dispute.
"It was clear that the jury liked you and felt you were sincere and knowledgeable."
"Thanks, Dale — we achieved a very favorable settlement thanks to your involvement."
"Excellent writing in your report!"