Service Details
Property Damage and Business Interruption Insurance Claims
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 Experience
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| Ammonia Plant Insurance Dispute Assisted in evaluating insurance claims asserted by a major ammonia manufacturer. Work included evaluation of the technical basis for claims involving construction defects and warranty work amounting to $3 million. Assisted in documenting claims, inspected the plant, evaluated project records, and reviewed maintenance records. EPC-related, Industry Practice/Standard of Care, Operations/Maintenance |
| Business Interruption Damages Claim by Concrete Supplier Assisted in a dispute between a concrete products producer and marketer against an oil refiner for damages allegedly incurred as a result of an incident at the oil refinery. Examined the timeline of the incident and provided an independent damage estimate. Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance |
| 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. Industry Practice/Standard of Care, Operations/Maintenance |
| 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 a hurricane. Work included review 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 during final claim settlement negotiations. Business Interruption, Property Damage |
| Crude Oil Processing Contract Dispute Served as expert witness concerning a dispute between an international oil trading company (Trader) and an independent refining company (Refiner), between whom there was a crude oil processing contract. The Trader 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 damages under the alleged misappropriation. Prepared an independent detailed damages claim for insurance purposes and defended the claim at trial. Commercial Terms Review, Expert Witness/Testimony, Pricing, Product Quality |
| Defective Product Lawsuit Provided an expert report concerning a dispute between a pressure safety relief device manufacturer and an operator of a claim that a device did not operate as designed in a reactor overpressure incident. Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance |
| 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. Industry Practice/Standard of Care, Pipeline, Pricing |
| Gas Turbine Damage Assisted in a root-cause analysis and damages dispute concerning a major turbine failure in the start-up of a power plant. Industry Practice/Standard of Care, Operations/Maintenance |
| Hurricane Rita Claim A petrochemicals facility experienced a loss of steam supply from an outside steam supplier and a subsequent unscheduled shutdown which, in turn, resulted in production losses and major damage to the facility. The steam supplier attributed the steam outage to boiler damage caused by a hurricane, which had made landfall several months earlier. Assisted by investigating the link between the hurricane and the steam supplier boiler outages. Industry Practice/Standard of Care, Operations/Maintenance |
| 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. Business Interruption, EPC-related, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Property Damage, Safety |
| Insurance Arbitration Investigated the circumstances surrounding an oil spill at a Gulf Coast refinery following a hurricane. Work focused on 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. Arbitration, Industry Practice/Standard of Care, Operations/Maintenance |
| 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 multiple insurance contracts for each site. Industry Practice/Standard of Care, Operations/Maintenance |
| PVC Plant Litigation Assisted in a dispute concerning allegations that an explosion at a major manufacturer of PVC resins 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. Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance |
| Supply and Distribution Assisted in a dispute concerning 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. Pricing |
| 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. Business Interruption, Offshore, Pipeline, Property Damage, Safety, Waterborne/Marine |
| Refinery Business Interruption Prepared detailed analyses of property damage, business interruption, and demurrage claims resulting from a vessel allision with a refinery dock. Business Interruption, Property Damage, Waterborne/Marine |
| 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. Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance |
| 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. Business Interruption |
| Polyolefins 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. Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Property Damage, Safety |
| Polypropylene Manufacturing Assisted in a dispute concerning insurance claims for property damage and business interruption in connection with a reactor incident during construction of a production facility. Business Interruption, EPC-related, Industry Practice/Standard of Care, Property Damage |
| 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. Business Interruption |
| 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. Business Interruption, Pipeline, Property Damage |
| 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. Business Interruption, Operations/Maintenance, Property Damage |
| 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. EPC-related, Industry Practice/Standard of Care |
| Refinery Explosion, Subrogation of Insurance Claim Assisted in a dispute concerning a rebuild estimate, which was the subject of subrogation, for an oil refinery process plant damaged by an explosion. Property Damage |
| Review Insurance Claim Reviewed an insurance claim for refinery "opportunity loss" resulting from a dock closure because of an oil spill. Business Interruption |
| 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. Business Interruption, Operations/Maintenance |
| 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. Industry Practice/Standard of Care, Operations/Maintenance |
| Hurricane Damage Insurance Dispute Assessed the impact of a hurricane to a refinery and its impact on turnarounds being executed at residue upgrading process units. Support included investigating failures incurred to a flare and to a heater, their relationship to the hurricane, and subsequent shutdowns of process units. Operations/Maintenance |
| 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. Business Interruption, Waterborne/Marine |
| Refinery Fire Damage Assessment and Rebuild Costs Assisted in a dispute concerning fire damages and estimated rebuild costs at a petroleum refinery, as well as monitored the rebuild project. Property Damage |
| Gas Plant Fire Damage Repair Costs Assessed fire-related damages and estimated rebuild cost for a cooling tower at a gas plant. Property Damage |
| PET Manufacturer Business Interruption Claim Assisted in a dispute concerning a petrochemicals business interruption claim and lawsuit after a declaration of force majeure by the manufacturer. Reviewed pertinent data provided by defendant's counsel and prepared written reports, affidavits, and deposition regarding the claims. Business Interruption |
| Fuel Contamination Investigation Investigated an occurrence of contaminated diesel fuel at a mine facility, as well as the claimed property damage and business interruption claims. Assessed the root cause of the fuel contamination and prepared a presentation of our findings. Product Quality |
| Dock Collision Business Interruption Claim Assisted in a dispute concerning a refinery business interruption claim and lawsuit after a marine vessel allision with a refinery dock. Analyzed need for extraordinary refined product marine and pipeline movements, as well as trading activity and demurrage claims. Commercial Terms Review, Waterborne/Marine |
| Pipeline Pigging Incident Investigation Following a plant incident caused by the ingress of water, we investigated upstream pipeline activities and operating records to determine the root cause of the incident. Pipeline, Safety |
| Terminal Hurricane Damage Repair and Claim Assisted in a dispute concerning a rebuild estimate for a terminal damaged by a hurricane. Property Damage |
| 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. Safety |
| 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 adjacent manufacturing facilities. OSHA-related, Waterborne/Marine |
| Coker Incident and Design Assessment Reviewed project management procedures and facilities design of an oil refinery project after a subsequent structural failure. Provided written report and oral deposition regarding design responsibility and failure liability. EPC-related, Operations/Maintenance |
| Power Transmission Fire Investigation Investigated the cause of major fire that resulted in a fatality. Safety |
| 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. Industry Practice/Standard of Care, Operations/Maintenance, Safety |
| 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. Safety |
| 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. EPC-related, Offshore, Pipeline, Property Damage |
| Refinery Business Interruption Assessment Estimated the lost profit (business interruption claim) stemming from a contractor incident which caused an extended refinery outage. Business Interruption |
| 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) with respect to: supervision, training, and use of personal protective equipment. Industry Practice/Standard of Care, OSHA-related, Safety |
| Confined Space Incident and Dispute Provided support in a wrongful death dispute regarding a confined workspace incident. The incident involved nitrogen asphyxiation where two maintenance contractors died. Investigated the cause and origin of the incident, including work procedures and practices. Operations/Maintenance, OSHA-related, Safety |
| 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. Operations/Maintenance, OSHA-related, Safety |
| 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. Environmental, OSHA-related, Safety |
| 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. Equipment material of construction was the focus of the analysis. |
| Chemical Plant Fire Repair Provided technical advice and consultation for recommended repair procedures for vessels and piping damaged in a chemical plant fire. EPC-related, Physical Asset Appraisal |
| 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 evaluation of: (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. Industry Practice/Standard of Care, OSHA-related, Safety |
| 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 Following the failure of a storage tank foundation, we reviewed the applicable documentation and prepared an affidavit concerning the standard of care used during its construction. |
| Debutanizer Tower, H2S Incident Developed an expert witness report associated with an incident concerning an H2S release during the scheduled turnaround activities involving a debutanizer tower. |
| Refinery Economic Losses Due to Fire Prepared an assessment to quantify the economic damages resulting from a refinery fire that caused damage to equipment and a lengthy shutdown of a refinery distillation and conversion train. Prepared a detailed report that documented both business interruption losses and repair costs for damaged equipment. Provided testimony in deposition and district bench trial. Business Interruption, Commercial Terms Review, Expert Witness/Testimony, Pricing, Property Damage |
| Ethanol Plant Business Interruption Dispute Reviewed an insurance claim for an ethanol plant "opportunity loss" due to a power outage resulting from repair work on main electrical feed cables after being damaged by a construction contractor. Reviewed operating expenses and ethanol pricing during the subject period and provided an opinion on the reasonableness of the size of the claim. Business Interruption, Pricing |
| Marine Dock Business Interruption Claim Reviewed documents and provided analysis concerning a marine collision with the crude oil unloading dock, which resulted in a business interruption claim for a Gulf Coast refiner. Business Interruption, Waterborne/Marine |
| Refinery Business Interruption Claim On behalf of an insurer, calculated the business interruption expense for a Gulf Coast refinery associated with a delay in receiving crude oil via ship. Reviewed calculations provided by the refinery and opined on associated business interruption impacts associated with the delay in receiving crude oil shipments. Provided an expert report, which enabled a settlement in the dispute. Business Interruption, Waterborne/Marine |
| Refinery Business Interruption Claim Provided technical support for a business interruption claim associated with a refinery fire. Evaluated refinery linear program model used to develop the "but for" cases. Prepared a report with recommended corrections to the linear program model "but for" case output. Business Interruption, LP/Planning Practice |
| Business Interruption Claim Analysis Reviewed preliminary business interruption calculations related to a ship collision incident at a refinery dock. Developed a revised business interruption estimate, which resulted in a claim settlement. Property Damage, Waterborne/Marine |
| IPP/Refinery Power Generation Outage Dispute Assessed the cause(s) of supplier's steam and electricity generation failure and mitigating actions by the refinery/petrochemical customer. Preliminary findings and a document request were provided to the client. Arbitration, Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage |
| Refinery Construction Dispute Assist client and provide expert consulting support assessing responsibilities of an EPC contractor, as well as project execution and start-up issues associated with the construction and start-up of a grassroots refinery. Arbitration, Business Interruption, EPC-related, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage |
| Explosion Insurance Claim Provided report presenting a reasonable timeline and duration to source, contract, start, and conduct the demolition of the parts the Gas Plant damaged after the plant experienced a fire and explosion. Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance, Pipeline, Property Damage |
| Ammonia Plant Failure Investigation Assisted in e Business Interruption, Fertilizers, Operations/Maintenance, Property Damage |
| Electrostatic Precipitator Explosion Investigated Business Interruption, Property Damage |
| Accident Liability Assisted in a personal injury claim following an incident in a petroleum refinery process unit. Examined refinery conformity with the latest available industry technology, regulations, standards, and practices. Industry Practice/Standard of Care, OSHA-related, Safety |