As an insurance professional with more than 35 years of experience, I am qualified to act as an expert witness in the following areas: insurance agents and brokers to their clients, and their obligations to carriers. The obligations of employed producers to their firms with respect to “non-compete” and “non-piracy” agreements. Producer compensation. Insurance brokerage practices, policies and procedures. Manuscript property and casualty insurance coverage forms. Insurance industry custom and practices.

As an insurance professional with more than 35 years of experience, I am qualified to act as an expert witness in the following areas:

• The duties of insurance agents and brokers to their clients, and their obligations to carriers.
•  The obligations of employed producers to their firms with respect to “non-compete” and “non-piracy” agreements.
•  Producer compensation.
•  Insurance brokerage practices, policies and procedures.
•  Manuscript property and casualty insurance coverage forms.
•  Insurance industry custom and practices.

Insurance agents’ and brokers’ standard of care  — Generally speaking, the insurance agent or broker owes a high degree of care to its client.  The extent of broker’s duty, in any specific case, is the result of the facts, statutory requirements and common law.  In assessing the degree to which a broker has satisfied his or her duty, the broker’s stated policies, procedures and practices have a most persuasive effect.  By comparing the broker’s actual performance to the performance required by his or her firm, a compelling case can be made for the broker’s success or failure at providing the appropriate level of care.

Obligations of employed producers  — Unfortunately, a contract that appeared clear to both parties when signed becomes less than clear when a dispute arises.  Furthermore, the wording of many producer contracts is in direct contradiction to the laws of the state in which the contract was executed.  Producer contracts often come into focus when a producer accepts a new offer of employment. In many cases, the former employer desires compensation or attempts to enforce non-compete or anti-piracy wording in the contract.

Producer compensation   — Again, while the intent of the parties appeared clear when the contract was executed, those intentions may change subsequently. Practice may differ from contractual terms. Contractual terms may be verbally or informally amended for a period of time before one part or another seeks to enforce the terms of the contract as written.

Insurance brokerage practice, policies and procedures   — Insurance brokers and agents have developed sophisticated programs for “E&O Prevention” and, not surprisingly, following those procedures has resulted in higher levels of performance throughout the industry.  Following prescribed procedures certainly reduces the risk of errors and omissions. Failure to follow the procedures, conversely, has led to unwanted results. How a brokerage team actually follows the policies and procedures outlined by its employer has a strong bearing on whether that employer may be liable should an unwanted outcome occur.

Manuscript property and casualty insurance coverage forms   — Manuscript policy forms have been a continuous source of disagreement since they were first used many years ago.  While the placing broker and the insured often thought they understood the underlying meaning of the policy language, the insurance carrier representative often disagreed with the insured’s and the broker’s interpretation.  In such cases, standard policy language can become a guide to the policy interpretation. External facts of the placement, the identification of the risks sought to be insured and the discussions between the placing broker and the underwriter may have a significant bearing on whether a loss is covered for the full amount.

Insurance industry custom and practice   — Unfortunately, errors and omissions are not the sole purview of the agent or broker.  Often, it is the carrier that has erred in its duty to the insured.  The relationships between and among the placing agent or broker, the insurance carrier or carriers, both primary and excess, and the expectations of the insured party are sometimes in conflict. In such cases, testimony as to the customary practices within the insurance industry can assist in the resolution of disagreements between the parties.

Insurance is a promise to pay and a promise to provide professional service at the highest level. My career has been spent fulfilling the promises made by me, my colleagues and the insurance carriers who have formed relationships with my clients. My experience and training has enabled me to provide knowledgeable service which, over the course of my career, has been highly valuable and highly appreciated. It has enabled my business partners to earn a satisfactory return on the time and money invested in my hiring and training. I have always been one of the most productive providers of insurance brokerage and related professional services with respect to both the level of service provided and the revenues received as a result of my presence.

Experience:

September 2005 to August 2008—Marsh USA. Senior Vice President/Client Executive

Risk Management Responsibilities
Advised clients on all risk financing and risk transfer areas
Negotiated client service agreements and drafted changes to standard agreements
Coordinated efforts of product specialists (i.e. property, casualty, executive risk, professional liability etc)

Claims and Litigation Support Responsibilities
Experience negotiating computer software and hardware errors and omissions claims
Experience interfacing with legal counsel handling personal injury claims for major California University

October 1997 to February 2005—Acordia, Inc.  Executive Vice President.  Managing Director for Southern California. Reported to Regional Managing Director.

Risk Management Responsibilities
Overall Management Responsibility including budgeting, adherence to budget, staff retention and development, client relationships, carrier relationships
Advised large clients on all phases of risk management
Served as global service coordinator for Western region

Claims and Litigation Support Responsibilities
Extensive experience with quality assurance and errors and omissions risk management.
Depositions regarding producer’s duty to client.
Depositions regarding producer agreements and non-piracy agreements.
Experience negotiating settlements of alleged producer errors and omissions.
Jury trial regarding alleged producer errors and omissions.


January 1997 to September 1997—Aon Risk Services. Executive Vice President.  Reported to Regional Vice President.


January 1989 to December 1996—Alexander & Alexander. Executive Vice President.  Reported to Regional Vice President.

Risk Management Responsibilities
Led client teams on two of largest accounts in office—negotiated insurance programs in global markets.
Experience negotiating service agreements with clients.
Experience writing and presenting stewardship reports to major clients.

Claims and Litigation Support Responsibilities
Responsible for quality assurance and errors and omissions risk management on largest accounts in office.
Served on committed to standardize “best practices” throughout company
Negotiated major property and casualty claims involving manuscript forms with international underwriters

January 1984 to May 1989—Sedgwick Group.  Senior Vice President. Reported to Regional Managing Vice-President. 

Risk Management Responsibilities
Manager of Risk Management Department.  Also Account Executive on three major accounts.
Experience writing and presenting stewardship reports to major clients.


Claims and Litigation Support Responsibilities

Negotiated claims on manuscript property and liability insurance forms.


September 1975 to December 1983—Dinner Levison Company.  Partner and Vice President. Reported to Senior Vice President in charge of Risk Management Department.

Risk Management Responsibilities
Account executive on a number of major global clients. Placed insurance coverage in London, Zurich, Bermuda and US financial centers



Claims and Litigation Support Responsibilities


Experience negotiating major claims on manuscript property and liability insurance forms.
Assisted client in $30 million property loss involving serious business interruption negotiations.
Depositions regarding alleged producer errors and omissions.



Education:

University of California, Berkeley.  AB Economics 1966
Attended University of San Francisco School of Law 1966-67
CPCU—1972
ARM—1976