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

Cases for which Donald W. Bendure has testified during 2004:

  1. Deposition on February 2, 2004, a plaintiff’s case testifying on behalf of Lindsey Manufacturing Company, styled MTDL Acquisition, LLC vs. The Travelers, and Prime Machine, Inc., Civil No. 990902560, in the District Court of the Third Judicial District for Salt Lake County, State of Utah. Retained by Jeff Eisenberg of Eisenberg & Gilchrist, LLC, Salt Lake City, UT, (801) 366-9100. This dispute involves the inappropriate cancellation of a property policy while adjustment of the claim and repairs were ongoing.



  2. Testimony at trial by affidavit on February 27, 2004, a plaintiff’s case testifying on behalf of Homestore, Inc., styled TIG Insurance Company of Michigan v. Homestore, Inc., et. al., Lead Case No. BC 265709, in the Superior Court of the State of California, County of Los Angeles. Retained by Donald Brown of Covington and Burling, San Francisco, CA, (415) 591-6000. This dispute involved policy rescission and materiality issues with a D&O policy as a result of the plaintiff’s restatement of negative earnings.



  3. Deposition on March 3, 2004, a policyholder’s case testifying on behalf of JBA International, Inc., styled St. Paul Mercury Insurance Co. v. JBA International, Inc., Case No. PD 01-297 MJD/JGL, in the U.S. District Court of the District of Minnesota. Retained by Rick Snyder of Fredrickson & Byron, Minneapolis, MN, (612) 492-7145. This dispute involves numerous underwriting and coverage issues surrounding a claims-made technology E&O policy.



  4. Deposition on April 9, 2004, testifying on behalf of Leesa Bunch in the bankruptcy case of IN RE: Hoffinger Industries, Inc., debtor v. Leesa Bunch and McMasker Enterprises, Inc., Case No. 01-20514, Chapter 11, A.P. No. 2:03 A.P. 01134 in the U.S. Bankruptcy Court for the Eastern District of Arkansas. Retained by Whitney Davis of Charter Davis, Sacramento, CA (916) 448-9000. This case involved the underwriting and pricing issues surrounding a captive insurance company whose only policyholder was Hoffinger Industries, Inc. and subsidiaries.



  5. Deposition on May 18, 2004, testifying on behalf of defendant State Farm Insurance Co., styled Gertrude Gardner, Inc. v. State Farm Mutual Automobile Insurance Company and Richard C. Frank, Civil Action #02-3182, Section: “C”; Magistrate: (1), U.S. District Court, Eastern District of Louisiana. Retained by David Salley of Salley, Hite, Rivera & Mercer, New Orleans, LA, (504) 566-8801. This case involved uninsured/underinsured motorist claim of a company director on a policy with specified coverage.



  6. Trial testimony on May 20 and 21, 2004, regarding the bankruptcy case of April 9 above, IN RE: Hoffinger Industries, Inc.

  7. Perpetuation Deposition/Trial testimony on June 10, 2004, regarding Gertrude Gardner, Inc. matter of May 18 listed above.

  8. Deposition on August 9, 2004, testifying on behalf of Skyline Displays and Gordon Savoie, styled Gulf Insurance Co. vs. Skyline Displays, Inc. and Gordon Savoie, Civil No. 02-3503 DSD/SRN, U.S. District Court, District of Minnesota. Retained by Laurie Kindel of Maslon, Edelman, Borman & Brand, Minneapolis, MN, (612) 672-8375. This case involved EPL D&O coverage in a disputed minority shareholder suit context.



  9. Deposition on August 12, 2004, testifying on behalf of Plaintiffs, James R. Bullock, Leslie W. Haworth, and John R. Grainger vs. National Union Fire Insurance Company of Pittsburgh, PA, C/A No. 3:03-2261-17, U.S. District Court, District of South Carolina, Columbia Division. Retained by Ellen Robbins of Sidley, Austin, Brown, and Wood, LLP, Chicago, IL, (312) 853-2931. This case involved rescission and severability issues regarding individuals insured under a D&O policy.


  10. Preservation Deposition testimony used at trial on August 25, 2004, testifying on behalf of Aon Risk Services of Texas, Inc., styled Synagro of Texas-CDR, Inc. dba CDR Environmental, Inc. vs. Aon Risk Services of Texas, Inc., No. 01-10-11717, District Court of Jackson County, Texas, 24 th Judicial District. Retained by Richard Wilson of McFall, Sherwood & Breitbeil, Houston, TX, (713) 590-9333. This case involved issues of agent’s E&O and coverage arising from reinsurance cut-through endorsements specific to exposures and prior policy periods.


 

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