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Expert Witness - Litigation Support

Rick Hammond

I serve as the Principal of Insurance Claims and Litigation Consultants, LLC, a firm that provides expert witness services and testimony on claims and lawsuits involving insurance coverage, bad faith, underwriting, agent-broker liability, regulatory issues and good faith claims handling practices. I also provide consultation and oversight of pre-suit and litigated coverage matters that potentially…

Lead Paint Abatement and Insurance Coverage in New York

On March 24, 2022, the Appellate Division of the Supreme Court of New York, First Department, issued a noteworthy ruling in Certain Underwriters at Lloyd’s, London, et al. v. NL Industries, Inc., 2022 NY Slip Op 02056. The case is noteworthy for a few reasons in terms of the interpretation of insurance coverage and issues…

Mike Stroman

R. MICHAEL STROMAN SUMMARY R. Michael Stroman has over 42 years of experience in the insurance industry. Currently serving as an industry consultant, he assists insurance purchasers, insurance companies and agents, and their attorneys, accountants, and other industry advisors, with agency management, claims consulting, underwriting practices, standard of care, and other technical assistance. Mr. Stroman…

Social Media as a Factor in Personal Injury Underwriting: Risk, Rate and Regulation

Social media claims against individuals are increasing, yet insurance coverage
for individuals for such claims is rarely available unless the insured has a personal
injury endorsement to the standard homeowners policy or the insured has an
umbrella policy, or the rare company-specific insurer includes such coverage. This
suggests a market opportunity to provide this coverage. Underwriting this exposure
will likely require examining social media as a new rate factor. Obtaining relevant
information on this and showing predictive indicators is one challenge, particularly
where social media use liability might be correlated with other factors, including
other external data. Such factors will have to be approved by state insurance
regulators and shown to be reliable and not unfairly discriminatory. This will likely
open these factors to underwrite other coverages and policies, even if not approved
or reliable. Some social media use might actually be a business pursuit, thus
requiring this added coverage. A media liability policy crafted for the new exposure
might be more effective to provide coverage if underwriting the factors can be
regulated.

Lezlee Liljenberg

Lezlee Liljenberg, entered the insurance business in 2004 as she started her first agency from ground zero, growing the business to over $6 million in revenue in less than 12 years. Ms. Liljenberg holds a BA in Journalism/Public Relations and a MA in Political Science/Public Administration from the University of Texas at Arlington.  She is…

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

Richard Faber

Richard Faber is a highly experienced insurance professional who possesses a wide array of skills and a distinctive combination of experience, ranging from marketing, and consulting to managing/underwriting a staggering array of  risks. His background and extensive experience work together to make Richard a much sought after authority in his field. Richard began his career…

THE DANGERS OF ABSOLUTE EXCLUSIONS, AND WHY ARE REGULATORS ALLOWING THEM?

“IN 2010, I authored an article on the dangers of absolute exclusions.1 That article was prompted by an appellate decision in Florida, James River Ins. Co. v. Ground Down Eng’g, 540 F.3d 1270 (11th Cir. 2008). In that case, an engineering firm that was providing consulting services on whether land had become polluted found that its errors and omissions (E&O) policy, which covered it as an environmental consultant, didn’t cover pollution!”

“One River, 2 Currents: How the Standard of Care and Day to Day Reality Differ

“What are some of the additional problems raised however by following the concept of being only an order taker? You have a customer that comes in your office who says I have a business and I need insurance. What do you recommend? How does in the insurance agent or broker therein not give advice by answering the question. Are they supposed to say

“what is it you’re worried about? We have numerous commercial policies we could provide , then we could confirm we will provide it depending on what your needs are and as you know, you must have Worker’s Comp. Perhaps you might consider should insuring your property, or consider insuring your business for liability. What are your concerns and what are your needs? “

I can’t imagine any consumer of any kind would want to do business with a broker that would fail to advise them as to what might be needed. But let’s take it a step further. I don’t know any Insurance Broker that would advertise that they have no duty to advise, guide or direct clients as to the appropriate types of insurance coverages for its business operations. But there is another reality that is ignored. That is, your average insurance agent or broker with five years experience in any line, whether it be Personal Lines, like homeowners and auto, or Commercial lines knows more about the ins and outs and extensions to coverage of the insurance policy and what may be needed by an Insured than any Insured regardless of sophistication.”

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