Sample Case History

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Brouse McDowell & Co.

Attorney: Paul A. Rose

Client: Page Wymore Properties

Expert witness report and testimony. Plaintiff insured 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.

Roetzel & Andress Co.

Attorney: Ryan Kennedy

Client: Mirk, Inc.

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.

Buckingham, Doolittle & Borroughs

Attorney: David P. Bertsch

Client: Infocision, Inc.

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.

Taft Stettinius & Hollister

Attorney: Charles A. Bowers

Client: Quality Control Inspection

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.

Brouse, McDowell & Co.

Attorney: Paul A. Rose

Client: Emerson Power Transmission

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

Rutter & Russin

Attorney: Bob Rutter

Client: Tri-county Pallet Recyclers, Inc.

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.

Gallagher Sharp Attorneys

Attorney: Theresa A. Richthammer

Client: Kevin Harris

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

Stark & Knoll

Attorney: David Hilkert

Client: Petta Enterprises

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

McNeer, Highland, McMunn and Varner

Attorney: Hilary Bright

Client: Manhattan Place

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.

Rutter & Russin

Attorney: Robert Rutter, Sr.

Client: Hershfield Trust

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.

Gallagher Sharp Attorneys

Attorney: Theresa Richthammer

Client: Malissa Gilkey

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.

Rutter and Russin

Attorney: Robert Rutter, Sr.

Client: Hermann Pickle Farm, Inc.

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.

Weston Hurd

Attorney: John Farnan

Client: Total Line Refrigeration

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.

Gallagher Sharp

Attorney: Theresa A. Richthammer

Client: Bradley Knotts

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.

Gallagher Sharp

Attorney: Theresa A. Richthammer

Client: Dolly One dba Always Towing

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.