Donald W. Bendure; Insurance expert witness
Donald W. Bendure; Insurance Expert Witness
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Donald W. Bendure; Expert Witness
Donald W. Bendure; Insurance Expert Witness for commercial and liability insurance
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Cases Donald W. Bendure testified as Insurance Expert Witness

Cases for which Donald W. Bendure has testified during 2003:

  1. Deposition on January 13, 2003, a plaintiff’s case testifying on behalf of Metaldyne Corporation, styled as Metaldyne Corporation, et. al. v. National Union Fire Insurance Company of Pittsburgh, PA, et. al., Case No. EDCV 02-374VAP (GGLX) in the U.S. District Court for the Central District of California, Eastern Division. Retained by Masco Corporation, successor to Metaldyne, through their attorney Doug Mastroianni of Callahan & Blaine, Santa Anna, CA, (714) 241-4444. This dispute involved coverage issues involving a question of underlying policy treatment by the first umbrella and whether the first umbrella owed a duty to recognize that underlying by being excess of it.


  2. Deposition on January 22, 2003, a defendant’s case testifying on behalf of Mike Cheap and Throckmorton Insurance Agency, styled as High Plains Wireline Services, Inc. vs. National American Insurance Company, Inc., Mike Cheap and Throckmorton Insurance Agency, Case No. CJ-2002-1517, in the District Court of Oklahoma County, State of Oklahoma. Retained by defense counsel Jeff Beeler of Beeler, Walsh & Walsh of Okla. City, OK, (405) 843-7600. This dispute involved issues regarding the contractual exception absent in a manuscript employer liability exclusion endorsement to the Commercial General Liability coverage form issued by National American Ins. Co.



  3. Deposition on February 18, 2003, a plaintiff’s case testifying on behalf of New Era of Networks, Inc., styled as New Era of Networks, Inc. vs. Great Northern Insurance Company, Federal Insurance Company and Hartford Fire Insurance Company, Civil Action Number H-01-1841, in the United States District Court for the Southern District of Texas, Houston Division. Retained by plaintiff’s counsel Nate McKitterick of Gray Cary, Palo Alto, CA, (650) 833-2394. This dispute involved coverage issues regarding advertising injury with regard to title infringement and misappropriation of advertising ideas over several years of advertising.


  4. Deposition on June 10, 2003, a plaintiff’s case testifying on behalf of Cargill, Inc., styled as Cargill, Inc. vs. Evanston Insurance Company, Court File No. CT 00-001998, in the Fourth Judicial District Court of Hennepin County, Minnesota. Retained by plaintiff’s counsel Tom Mielenhausen of Lindquist & Vennum, PLLP, in Minneapolis, MN, (612) 371-3211. This dispute involved coverage issues regarding groundwater pollution liability at a Cargill site in Dawson, GA.


  5. Deposition on August 6, 2003, a defendant’s case testifying on behalf of National Union Fire Insurance Company, styled as William Norris vs. National Union Fire Insurance Company of Pittsburgh, PA, Case No. 01-08886, in the 14 th Judicial District of Dallas County, Texas. Retained by defense counsel David Metzler of Cowles & Thompson, Dallas, TX, (214) 672-2000. This dispute involved coverage issues regarding uninsured motorist coverage in Texas.



  6. Deposition on September 17, 2003, a plaintiff’s case testifying on behalf of the bankruptcy trustee for Boston Chicken, Inc., styled Gerald K. Smith vs. Arthur Andersen LLP, et. al., Case Nos. CIV-01-218-PHX-PGR, CIV-01-246-PHX-EHC, CIV-02-1162-PHX-PGR, CIV-02-1248-PHX-PGR (Consolidated), in the U.S. District Court for the District of Arizona. Retained by Bob McKirgan of Lewis & Roca, Phoenix, AZ (602) 262-5326. This dispute involves a question of whether there was a financial relationship between two defendants arising out of a common captive insurance arrangement.



  7. Trial testimony on September 30, 2003, a plaintiff’s case testifying on behalf of Allan Nowak in the case styled Allan Nowak v. Lexington Insurance Company, Case 02-23633-CIV-FAM, in the U.S. District Court, Southern District of Florida, Miami Division. Retained by Steven Simon of Simon & Dondero, Miami, FL, (305) 358-6033. This dispute involves a question of rescission of coverage on a Personal Articles Floater policy and whether the insured, Allan Nowak, conformed to the expectations of the application process and the terms and conditions of the policy as written.

 

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