Sample Case History

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Paul A. Rose

Brouse McDowell & Co.

Expert witness report and testimony. Plaintiff inured was a property developer whose business focused on renovating federal housing projects. Coverage was denied under a builders risk policy because renovations on subject property had been completed. Plaintiff alleged that the agent was negligent in failing to place proper coverage.

Page Wymore Properties

Firm

Client

Summary

Document Review and consulting. Plaintiff work for a crane rental firm. Client alleged that insurance agent for a rental customer failed to procure proper insurance as required by the rental agreement and issued an invalid certificate of insurance. Case settled 5/29/10.

Ryan Kennedy

Roetzel & Andress Co.

Mirk, Inc.

David P. Bertsch

Buckingham, Doolittle & Borroughs

Multi-location employer was the plaintiff in a complaint alleging breach of duty because their agent did not place necessary auto coverage. Case transferred to Brouse McDowell in 2012.

Infocision, Inc.

Document Review, Client Interview, Expert Report, Affidavit and Deposition. Plaintiff work for a business owner alleging that agent did not adequately identify and insure intangible property risk.

Charles A. Bowers

Taft Stettinius & Hollister LLP

Paul A. Rose

Brouse, McDowell & Co.

Bob Rutter

Rutter and Russin

Theresa A. Richthammer

Gallagher Sharp Attorneys

David Hilkert

Stark & Knoll

Consultation and testimony for the plaintiff on agent duty to provide accurate information on a certificate of insurance. Case settled before trial.

Engaged by counsel for the plaintiff to determine if a breach of duty occurred with respect to the underinsurance of the plaintiff’s building that was destroyed in a fire. Case settled in 2015.

Consulting and affidavit for defense council in agent breach of duty case. Settlement favorable to the defense.

Petta Enterprises, insured, alleges agent committed breach of duty in analyzing environmental liability exposures and did not provide the coverage requested.

Quality Control Inspection

Emerson Power Transmission

Tri-county Pallet Recyclers, Inc.

Kevin Harris

Petta Enterprises

McNeer, Highland, McMunn and Varner

Engaged by plaintiff Manhattan to express an opinion regarding claim that defendant Bond did not properly communicate policy term to plaintiff. Case settled in a manner satisfactory to plaintiff 2017.

Manhattan Place

Rutter & Russin

Engaged by counsel representing plaintiff to express an opinion regarding complaint of breach of agent duty. Plaintiff’s property had become vacant and agent did not place appropriate insurance to cover the underlying vandalism claim. Settlement in mediation was satisfactory to the plaintiff 2016.

Hershfield Trust

Gallagher Sharp Attorneys

Retained by counsel for the defendant. Plaintiff’s husband was killed by an uninsured or underinsured motorist. The issue was the absence or adequacy of uninsured/underinsured motorists insurance and the defendant agent’s degree of duty to explain the coverage to the plaintiff. Settled 2018.

Malissa Gilkey

Rutter and Russin

Engaged by counsel for the plaintiff. Plaintiff alleged that defendant agent breached his duty by failing to insure personal property at a secondary location. The property was destroyed by fire. The case was settled in a manner that was generally satisfactory to the plaintiff in 2018.

Hermann Pickle Farm, Inc.

Weston Hurd

Engaged by counsel for the plaintiff. At issue was the absence of Employment Practices Liability Insurance at the time of a lawsuit filed against the plaintiff by a former employee for wrongful termination. My conclusion was that there was a breach of duty on the part of the defendant agent. The case was settled in 2018 or 2019.

Total Line Refrigeration

Gallagher Sharp

Engaged by counsel for defense. Plaintiff alleged that his agent had errored in the placement of property insurance on a dwelling that he purchased but did not reside in at the time of the loss. Case was confidentially resolved before trial 9/2021.

Bradley Knotts

Gallagher Sharp

Engaged by counsel for defendant to produce expert report. Plaintiffs alleges that defendant impaired their ability to procure necessary commercial vehicle insurance by disseminating incorrect loss information into the insurance marketplace and otherwise influencing insurers to plaintiff’s detriment. Motion for Summary Judgement was granted in favor defendant based in part on expert report.

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