Don Bendure; Insurance Expert Witness for All Commercial and Professional Lines

Testimony on January 17, 2007 at a bankruptcy hearing, testifying on behalf of bondholders, styled as In Re: Premier Entertainment Biloxi LLC, Debtor et. al.and U.S. Bank as Trustee for bondholders, Chapter 11, Case No. 06-50975 and Case No. 06-50976, in the U.S. Bankruptcy Court for the Southern District of Mississippi, Southern Division. Retained by James Killian of Maslon, Edelman, Borman & Brand in Minneapolis, MN (612) 672-8306. This case involved the availability and cost of hurricane coverage for policy years 2006/2007 and upcoming 2007/2008, the efficacy of catastrophe models used in placing limits, and the adequacy of coverage purchased.
Deposition on February 1, 2007, testifying on behalf of Standard Parking Corporation, styled as Standard Parking Corporation vs. City of Phoenix, No. CV2005-009129, in the Superior Court of the State of Arizona, County of Maricopa, AZ. Retained by Bret Rappaport of Schwartz Cooper Chartered of Chicago, IL (312) 845-5116. This case involved issues of insurance pricing and risk management costs and allocation of those costs among clients participating in a nationwide risk management program.
Deposition on April 4, 2007, testifying on behalf of Mary Kay Holding Corp., styled Mary Kay Holding Corp., et al. v. Federal Insurance Company, Civil Action No. 3-06CV-896-N, in the U.S. District Court for the Northern District of Texas, Dallas Division. Retained by Jason Dennis of Lynn, Tillotson & Pinker, Dallas, Texas (214) 981-3830. This case involved issues of insured status for various subsidiaries for COBRA claims on a Fiduciary Liability policy issued to Mary Kay Holding Corp., et al.
Deposition on May 7, 2007, testifying on behalf of Regional Reporting, Inc., styled Best Resort Hotel, Inc. and Indian Harbor Insurance Company vs. Regional Reporting, Inc. et al., Cause No. 67-203716-04, in the District Court of Tarrant County, Texas, 67 th Judicial District, Ft. Worth, Texas. Retained by Chase Laws of Wilson, Balido and Crain, Dallas, Texas, (214) 347-8355. This case involved professional liability coverage issues regarding a property inspection report and a significant subsequent fire loss.
Deposition on June 8, 2007, testifying on behalf of PepsiAmericas, Inc., a non-debtor interest in the bankruptcy proceeding In Re: Federal-Mogul Global, Inc., T&H Limited, et al., Debtors, In the United States Bankruptcy Court, District of Delaware, Chapter 11, Case No. 01-10578. Retained by Daniel Chefitz of Morgan Lewis & Bockius, Washington, D.C. (202) 739-5760. This case, involved insured status and policy rights issues regarding an asbestos Trust being granted ownership rights for the insurance program of PepsiAmericas, Inc. and other non-debtors by court approval of an asbestos claims resolution plan.
Deposition on June 22, 2007, testifying on behalf of Herman Pang, M.D. in the coverage case The Medical Protective Company v. Herman Pang, M.D., et al. in the U.S. District Court for the District of Arizona, Case No. CV05-2924-PHX-JAT. Retained by defense counsel Timothy G. Kasparek, Esq. of Timothy G. Kasparek, PLLC, Goodyear, AZ, (623) 242-8945. This case involved rescission issues put forth by Medical Protective based upon alleged misrepresentations contained in the application with regard to “potential claims.”
Deposition on August 7, 2007, testifying on behalf of Melton Truck Lines, Inc. in the coverage case Melton Truck Lines, Inc. et al. vs. Indemnity Insurance Company of North America, et al., in the U.S. District court for the Northern District of Oklahoma, No. 04-CV-263-JHP-SAJ. Retained by plaintiff’s counsel Neal E. Stauffer, Esq. of Stauffer & Graves, P.C., Tulsa, OK, (918) 592-7070. This case involved the calculation of damages due to significant increased insurance premium cost above the self-insured retention after a catastrophic automobile loss.

Cases for which Donald W. Bendure has testified during 2007: