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Coverage Opinions (Post Loss)

Dr. Brenda Powell Wells

Brenda Powell Wells holds both a Bachelor of Business Administration and a Ph.D. in Risk Management and Insurance from the University of Georgia.  She holds the Chartered Property and Casualty Underwriter (CPCU), Accredited Advisor of Insurance (AAI) and Construction Risk Insurance Specialist (CRIS) designations.  She also holds a graduate certificate in Business Analytics from East…

Amy E. Johnson

Joseph M. Junfola

Formed in 2019, with offices in Norwood, PA and Cape May, NJ, Junfola Insurance Consulting (formerly Junfola Claim Consulting) provides the following insurance consulting services:   CLAIM CONSULTING Coverage and claim Analysis Multiple-triggered primary/excess/umbrella policies allocation Additional insured/contractual indemnity Litigation Support Attendance: mediations, settlement conferences, carrier (cost-share/allocation) meetings, trial monitoring   COVERAGE CONSULTING Policy language…

Damian J. Arguello

Damian is an insurance coverage attorney and adjunct law professor whose legal practice focuses on representing and counseling commercial policyholders, business and trial attorneys, and insurance agents and brokers regarding insurance issues. In his consulting and expert witness practice, Damian also draws from his pre-law school experience as a claims adjuster for several insurance companies…

Continuity and prior/pending litigation exclusions in the claims-made policy form

“Directors and officers liability policies have long been issued on a “pure claims-made” basis (a
phrase this writer first coined in 1990). That is, they were written with no prior act date (also
known as a retroactive date). As a result, wrongful acts of the directors and officers dating
back to corporate formation were covered as long as the claim was first made against the insured
during the policy term. To minimize the singular risk D&O insurers were taking (i.e.,
“what probability exists that a claim will be first made against the insured during the policy
term?”), they began using a “continuity date” and/or a “prior/pending litigation exclusionary”
date that was the same as the inception date of the first policy issued. The date the insured
first obtained coverage thus became known as the “first coverage date” so the “continuity
date” could be honored at renewal. This was reinforced by a warranty within the application
for coverage stating that the insured was or was not aware of facts, incidents, or circumstances
that could give rise to a claim in the future.”

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Craig Andrews

Craig Andrews has served in multiple roles within the property-casualty insurance industry for over 43 years.   He brings to each expert witness and consulting engagement significant experience in both the insurer and agency sectors of the insurance industry.  He has a record of success as an independent insurance agent, a commercial insurance underwriter, the manager…

Derivative Suit Exposure From Officers And Directors

I do not truly understand the rationale in suing the company adjuster in a lawsuit against the Insurance Company, since he has no independent duties apart from those of the Insurance Company. However, Directors and Officers of corporations owe fiduciary duties to corporate stockholders and to the Corporate business entity itself.

What The Attorney Hired By The Insurance Company Is Not

Corporate Counsel is not properly the attorney to specifically respond for the Insurance Company to a suit against the Insurance Company.

Areas of Expertise