EXPERT WITNESS AND DISPUTE SUPPORT Property Damage and Business Interruption Insurance Claims
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- Evangeline Lawson
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1 Baker & O'Brien consultants are frequently retained as consulting or testifying experts and have been qualified to offer evidence in many insurance-related matters involving the energy industry. Services to the insurance industry include: (a) valuation of assets for purposes of determining insurable values; (b) forensic investigations to determine cause and liability; (c) estimates of property damage and cost to rebuild; (d) business interruption claims due to accidents or other unscheduled downtime; (e) estimates of loss incurred during the transportation, storage, and processing of oil or gas; and (f) technical assistance in the claim adjustment process. Our insurance industry clients have included some of the largest underwriters and brokerage houses in the world. RELATED INDUSTRIES Additional Process Industries Gas Processing Oil and Gas Production Petrochemical / Chemical Petroleum Refining Power Generation Renewable / Alternative Energy Transportation and Storage 1 of 8
2 PRIMARY CONTACTS Daniel R. Finelt Consultant Houston Charles J. Hirst Vice President Dallas J. David Morgan Consultant Houston Alan W. Reynolds Associate 2 of 8
3 RELATED EXPERIENCE Ammonia Plant Insurance Dispute Assisted in a claims dispute between a major ammonia manufacturer and claims adjusters. Evaluated claims involving construction defects and warranty work amounting to $3 million. Assisted in documenting claim, inspected plant, evaluated project records, and reviewed maintenance records. Business Interruption Damages Claim by Concrete Supplier Evaluated the business interruption claim by a concrete products producer and marketer against an oil refiner for damages allegedly incurred as a result of an incident at the client's refinery. The engagement included vetting and analysis of the plaintiff's claim, advising the attorneys regarding discovery requests, and the development of alternative damage claim estimates. Business Interruption and Construction - Refining Monitored engineering and construction efforts undertaken to rebuild production facilities damaged by fire. The engagement was to ascertain the appropriate construction period for business interruption claim purposes and to facilitate the incident root cause analysis. Activities included daily site inspections, regular consultations with plant engineering and construction personnel, progress assessments, and development of independent project schedules. Chemical Plant Insurance Claim Support Provided comprehensive technical and accounting support for a property damage claim settlement and analysis for a chemical manufacturing plant that was damaged during Hurricane Ike. Work included review and vetting of all repair cost estimates and invoiced repair invoices, as well as analysis of claimed damages discovered and submitted post-recovery. Assistance was also provided to the client during final claim settlement negotiations. Crude Oil Processing Contract Dispute Served as expert witness on behalf of an international oil trading company, with a crude oil processing contract to supply oil to an independent refining company, that alleged that the refiner misappropriated products to its own account. Analyzed the refinery production and product disposition under each processing deal over a period of three years and calculated the trader's damages under the misappropriation. Prepared a detailed damages claim for insurance purposes and defended the claim at trial in State of New York. Defective Product Lawsuit Provided an expert report on behalf of a pressure safety relief device manufacturer in defense of a claim that a device did not operate as designed in a reactor overpressure incident. Gas Pipeline Rupture Dispute Performed an independent assessment of the costs incurred, including the lost natural gas inventory, on a ruptured interstate gas transmission line for which the owner requested a multi-million dollar damage reimbursement. A report was prepared for mediation which resulted in a negotiated settlement. Gas Turbine Damage 3 of 8
4 Assisted insurance adjuster in determination of fault and damages in a dispute concerning a major turbine failure in the start-up of a Southeast U.S. power plant. Hurricane Rita Claim A petrochemicals company experienced a loss of steam supply and subsequent unscheduled shutdown resulting in production losses and major damage to the facility. The steam supplier attributed the steam outage to boiler damage caused by Hurricane Rita, which made landfall several months earlier. Assisted the insurers by investigating the link between Hurricane Rita and steam supplier boiler outages. Incident Analysis - Petrochemicals Performed an investigation analysis following fire and explosion incidents at a major Gulf Coast manufacturing facility. The engagement entailed development of the sequence of events, root cause analysis, assessment of the decision to rebuild, and reconstruction monitoring. An independent project schedule and cost estimate for the plant reconstruction was developed. Insurance Arbitration Investigated the circumstances surrounding an oil spill at a Gulf Coast refinery following a hurricane. Work activity centered around whether the refiner acted as a "prudent operator" before and after the hurricane and whether the owner was entitled to a claim for damages based on an insurance policy's pollution exclusion clause. Prepared a written report for submission into evidence in an international arbitration. Insurance Litigation of Refinery Environmental Contamination Provided expert witness testimony and analysis in the litigation of insurance coverage for previous environmental contamination of petroleum refineries located on the East Coast, West Coast, and Midwest. Evaluated both liability and damage claims based on the legal interpretation of multiple insurance contracts for each site. PVC Plant Litigation Assisted a major manufacturer of PVC resins with defending claims that an explosion was due to a poor process design that failed to meet government regulations and engineering standards. Assisted in discovery, inspected the plant, evaluated procedures and work methods, reviewed applicable standards, and reviewed operating records. Supply and Distribution Assisted insurance underwriters in understanding and assessing the effects of Hurricanes Katrina and Rita on jet fuel prices for the Gulf Coast market. The sequence of events and impacts on individual suppliers were developed, as well as an allocation of outages and price differentials attributable to each hurricane. Our analysis of pricing activity also considered estimates of normalized versus event-based price movements in the overall market. Subsea Pipeline Rupture Assisted attorneys in investigating the circumstances surrounding a rupture of a subsea crude oil pipeline caused by a vessel dragging an anchor. This assignment included a review of the impact on crude oil gathering system and receiving terminal operations, the owner's emergency response, subsea pipeline repair costs, and a determination of the maximum insurable loss. 4 of 8
5 Refinery Business Interruption Prepared detailed analyses of property damage, business interruption, and demurrage claims resulting from a vessel colliding into a refinery dock. Root Cause Analysis Conducted a Root Cause Failure Analysis on a high pressure steam turbine that failed following a planned outage at a cogeneration power plant. Evaluated outage work procedures, actual outage work undertaken, start-up monitoring results, and post-failure turbine inspection results on turbine disassembly. Refinery Business Interruption Determined the economic damages suffered by a refiner as a result of multiple incidents which eventually led to reduced feed to the refinery. Project required the analysis of all refining units, including their actual and planned operations and maintenance. Alternative utilizations of feedstock and supply of products were also investigated. Poly Olefins Plant Explosion Assisted attorneys and company in preparation for litigation and negotiation with government agencies while investigating the cause of an explosion which caused the death of over 20 people. Assisted risk management in preparing and negotiating property damage and business interruption claims in excess of $1.3 billion. Polypropylene Manufacturing Assisted in establishment of insurance claims for property damage and business interruption in connection with a reactor incident during construction of the production facility. Refining Market Forecast Investigated business interruption claims from fuels refineries, lube refineries, cement plants, fuels distributors, and chemicals manufacturers due to the closure of marine access following the release of oil into the waters surrounding the plants. Gas Plant Explosion & Subsequent Insurance Claims Assisted resolution of claims between insurance company and Owners/Operators related to a gas plant explosion. Reviewed property damage and business interruption claims for accuracy and veracity. Crane Accident Claim Analysis Analyzed business interruption and property damage insurance claim by a refinery operator resulting from a crane accident. This included analysis of the cost to repair the physical damage from the accident, the impact to schedule and cost of a process unit turnaround that was in progress at the time of the accident, and valuation of lost production due to the accident. Oil Field Pipe Dispute-Insurance Claim Reviewed a claim involving an insurance dispute relating to proper preservation of drilling pipe in a storage yard following a hurricane. Refinery Explosion, Subrogation of Insurance Claim Assisted in a subrogation of insurance claim of an explosion in an oil refinery alkylation plant. Reviewed insurance 5 of 8
6 property damage costs for justification and reasonableness to determine value of subrogation claim. Review Insurance Claim Reviewed an insurance claim for refinery "opportunity loss" resulting from a dock closure because of an oil spill. Plant Commissioning Review Provided initial guidance and comments regarding the development of a commissioning and start-up schedule for a polypropylene plant. Provided initial input into how plant start-up incidents affected the commissioning schedule. Gas Compressor Incident Dispute Provided expert opinions concerning a gas compressor failure insurance claim related to: (1) evaluating the gas processing facilities' maintenance and standard of care practices compared to industry standards; and (2) reviewing the operating practices and programs utilized at the facility to determine if these practices caused or contributed to the incident and subsequent damage. Hurricane Damage Insurance Dispute Assessed the impact of a gulf coast hurricane to a refinery and its impact on turnarounds being executed at coker and FCC feed hydrodesulphurization units. Support included investigating failures incurred to a coker flare and coker heater, their relationship to the hurricane, and subsequent shutdowns of process units. Shipyard Insurance Claim Analysis Assessed a business interruption claim filed by a shipyard that resulted from a third-party incident. Based upon our analysis of the claimant's business operations and performance, claim estimates were developed that formed the basis for settlement negotiations. Refinery Fire Damage Assessment and Rebuild Costs Under the instruction of insurance underwriters and adjusters, evaluated refinery fire damages and estimated rebuild costs, as well as monitored the rebuild project. Gas Plant Fire Damage Repair Costs Assessed fire-related damages and estimated rebuild cost for a cooling tower at a gas plant. PET Manufacturer Business Interruption Claim Provided expert witness support for a PTA manufacturer regarding a force majeure action which resulted in a business interruption claim by one of its customers. Reviewed pertinent data provided by defendant's counsel and prepared written reports, affidavits, and deposition regarding the business interruption claims made by the plaintiff. Fuel Contamination Investigation Investigated an occurrence of contaminated diesel fuel at a molybdenum mine in Colorado, as well as the claimed property damage and business interruption claims of the mine owner. Assessed the root cause of the fuel contamination and prepared a presentation of our findings. Dock Collision Business Interruption Claim Assisted marine insurers with analysis of a business interruption claim and lawsuit from a refinery after a marine vessel collided with the refinery dock. Analyzed need for extraordinary refined product marine and pipeline movements, as 6 of 8
7 well as trading activity and demurrage claims. Pipeline Pigging Incident Investigation Reviewed plant incident resulting from pigging activity upstream of gas inlet line and filling plant gas feed line with water. Terminal Hurricane Damage Repair and Claim Assisted client with rebuild estimate for terminal damaged by hurricane. Assisted client with lawsuit against insurance company. Sulfuric Acid Plant Fire Investigation Investigated cause for sulfuric acid plant fire. Reviewed plant operating conditions prior to the fire and the unit design to identify the cause and potential contributing causes to the fire and subsequent explosions. Refinery Business Interruption - Marine Spill Conducted an assessment of business interruption damages stemming from downtime caused by an oil spill which disrupted marine traffic at several refineries. Coker Incident and Design Assessment Reviewed project management procedures and facilities design of an oil refinery coker project after a subsequent structural failure. Provided written report and oral deposition regarding design responsibility and failure liability. Power Transmission Fire Investigation Investigated cause for major grass fire that resulted in the death of a local firefighter. Heat Exchanger Failure Investigation Investigated circumstances concerning a heat exchanger failure that resulted in a fire and explosion, fatally injuring several employees. Investigation included evaluating relevant operating records and comparing these with design specifications to evaluate whether exchanger was operated, inspected and maintained in accordance within design parameters and industry practices. Prepared expert report. Tank Truck Fatality Incident Provided inspection of truck tank and tank cleaning facilities related to a fatality accident. Investigation including collecting samples of tanker contents for further testing. Undersea Pipeline Damage Repair Costs Assisted client by providing opinion on reasonableness of claimed repair costs to an undersea pipeline damaged by a ships's anchor. Refinery Business Interruption Assessment Estimated the lost profit (business interruption claim) stemming from a contractor incident which caused an extended refinery outage. Hydrogen Sulfide Incident Investigation Following a fatality caused by exposure to hydrogen sulfide at a crude oil storage tank with a known sour gas atmosphere, investigated the causes for the incident and the operating and maintenance practices (standard of care) 7 of 8
8 with respect to: supervision, training, and use of personal protective equipment. Confined Space Incident and Dispute Provided support in a wrongful death dispute regarding a confined workspace incident involving nitrogen asphyxiation where two maintenance contractors died. Investigated cause and origin of incident, including work procedures and practices. Contractor Tripping Incident Investigated circumstances concerning the personal injury of a contract employee. Provided opinions regarding general safety requirements, industry practices, contractor training and safety expertise and utilizing contractors for the activity being performed. Storage Tank Spill Incident Developed an expert witness report associated with a spill from a sour naphtha storage tank. Reviewed numerous documents and depositions to develop opinions associated with the event. Provided expert opinions on the standards of care and operation of a petroleum refinery. Valve Failure Investigation: Herbicide Plant Investigated the design and operations of a batch reactor process for the manufacture of herbicides in relation to a piping failure. Focused analysis of valve material of construction. Chemical Plant Fire Repair Provided technical advice and consultation for recommended repair procedures to insurance adjuster for vessels and piping damaged in a chemical plant fire. Fall-Related Injury Investigation Investigated circumstances concerning the personal injury of a contract employee who fell inside a flue gas system during a refinery turnaround. The investigation included evaluating the (1) refinery safe work practices compared to industry standards, (2) utilization of fall arrest systems to mitigate the presence of fall hazards, (3) the responsibilities of both operating companies and contractors to recognize and develop plans to mitigate fall hazards and (4) responsibilities of both parties to execute and communicate turnaround work plans. Stainless Steel Braided Hose Failure Provided technical expert witness assistance in dispute concerning the failure of a braided stainless steel hose in a medical facility. Storage Tank Foundation Failure Prepared a certificate of merit for a storage tank foundation that failed. Accident Liability Assisted in a personal injury claim following an incident in a coker unit. Examined refinery conformance with the latest available industry technology, regulations, standards, and practices. 8 of 8
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