John G. Dupuis
Expert Witness Assignments

Gerling v. Lennar Land Partners
June 2003
Expert for the Plaintiff Insurance Company.
This case involves a disagreement of coverage intended/requested by the Defendant. The Plaintiff has paid a sizable loss to a third party on behalf of the insured and now seeks to recover all funds expended.
No deposition has been taken.
Status: Open. All parties have agreed to put the matter into suspense till 2009. Future action depends on development of claims.

Bolton v. Mattoni
June 2003
Expert for the Defendant, an individual.
Originally hired as a consultant by the defendant’s attorney. Then hired as an Expert Witness.
This case involves a disagreement concerning an employment contract between the Plaintiff, a corporation operating as an insurance broker and a terminated employee (also a broker).
No Deposition was taken.
Status: Closed. A settlement was reached on terms very favorable to the Defendant.

Platinum Claims Services, Inc. v. National Casualty Insurance Company
December 2003
Expert for the Plaintiff, a Claims Third Party Administrator.
This case involves a claim declination based on Bad Faith. Plaintiff was guilty of negligent handling of a claim filed by an insured. Plaintiff settled with the insured and turned case over to their E&O carrier, the Defendant. Defendant declined coverage based on a bad faith exclusion in the E&O Policy.
Deposition taken by the Defendant.
Status: Closed. Bench trial. Judge would not allow Experts to testify. Verdict for Plaintiff.

Platinum Claims Service, Inc. v.National Casualty Insurance Company
January 2004
Expert for the plaintiff, a Claims Third Party Administrator.
This case involves a claim declination based on Bad Faith. Plaintiff was guilty of negligent handling of a claim filed by an insured. Plaintiff settled with the insured and turned case over to their E&O carrier, the Defendant. Defendant declined coverage based on a bad faith exclusion in the E&O Policy.
Deposition taken by the Defendant.
Status: Closed. Bench trial. Judge would not allow Experts to testify. Verdict for Plaintiff.

Zurich v. Builders Framing
February 2004
Expert Witness for the Plaintiff, an insurance company.
This case deals with a final audit premium adjustment owed by the Defendant.
No Deposition taken.
Status: Closed. Settlement reached at the start of the Bench Trial. Plaintiff accepted a compromised financial settlement.

City of Chula Vista v. Evanston Insurance Company
April 2004
Expert Witness for the Defendant, an insurance company.
This case deals with coverage issues relative to a General Liability policy issued to the Plaintiff.
No Deposition taken.
Status: Closed. Settled out of Court

Textile Industries Assoc. v. American Motorists Insurance Company
May 2005
Expert Witness for the Defendant, an insurance company.
This case deals with a policy recission issued by the Defendant.
Deposition taken by Plaintiff.
Status: Closed. Negotiated settlement reached which the Defendant indicated was very favorable to them.

Burns v. Wausau
October 2005
Expert Witness for the Plaintiff, an insured.
This case deals with a disagreement concerning the expectations of the insured relative to entities covered under a GL policy. The Defendant originally denied coverage resulting in this lawsuit. Apparently coverage has now been provided but the plaintiff is pursuing a Bad Faith action.
No deposition taken.
Status: Closed. Settled out of Court.

Affordable Tire v. Mortensen
October 2005
Expert Witness for the Defendant, an insured.
This case deals with coverage allegedly bound by the Defendant.
No deposition taken.
Status: Closed. Settlement talks resulted in an out of court greement.

Ahmed v. Costas
October 2006
Expert Witness for the Plaintiff, an insured.
This case deals with the Standards of Care and Performance required of an Insurance Agent.
Deposition taken by the Defendant.
Testified in Superior Court in August 2007.
Trial Completed. No information on the verdict.

State of California v. Clients
August 2007
Expert Witness for the Defendants, insurance brokers.
Criminal case deals with a dispute alleging fraud in the collections of insurance premiums.
No deposition taken.Testified in Superior Court in October 2007.
Status: Trial completed.Clients found not quilty of all charges.
Clients do not wish to have their names disclosed.

Zurich v. Century Surety
June 2008
Expert Witness for the Plaintiff, an insurance company.
This case deals with the interpretation and application of the “Other Insurance Clause” in a General Liability Policy.
Deposition taken by the Defendant.
Testified in Orange County, CA Superior Court.
Status:Trial completed. Decision in favor of the Plaintiff.

City of San Buenaventura v. TWIW Inc.
May 2009
Expert Witness for the Defendant, an insurance broker.
Case deals with Brokers duties to their clients. E&O. Judge hearing the case in Ventura County Superior Court ruled, one day before depositions were scheduled to begin, that he did not need to hear Expert Witness Testimony.

ProBuilders v. Cardenas
January 2012
Expert for the Plaintiff, an insurance company.
Case centers around the application of a coverage restriction endorsement (Sunset Clause). After a claim was denied because of the endorsement, the insured filed suit against the broker and the carrier. The suit claimed the carrier had a duty to explain to the insured the ramifications of the restrictive endorsement prior to the purchase of the policy.
No depositions were taken.
Testified in Riverside Superior Court.
Status: Open

Copyright © All rights reserved by John Dupuis & Associates