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 oil and gas, chemicals, and power generation industries.  Services to the insurance industry include:  (a) asset valuation for determining insurable values; (b) forensic investigations to determine cause and liability; (c)property damage and cost to rebuild  estimates; (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 Case Studies

Related Case Studies
Resin Producer’s Reliance on a Single Supplier Leads to Business Interruption A business interruption claim arose from the inability of a producer to obtain feedstock components.  Baker & O'Brien assessed the magnitude of the producer’s losses, with focus on the costs incurred to acquire alternative feedstock and lost profits from production.  Our consultants reviewed documents and calculations in preparation of the expert report and deposition with a detailed review of inventories, scheduling, and logistics for alternative supply and lost sales. Read more
The Explosion was the Owner’s Responsibility – But which Owner? Hazards attributed to multiple plant process modifications performed by two different owners led to a fire and explosion.  Baker & O'Brien analyzed the engineering design, operations, maintenance, and inspection during both periods of ownership within the context of prevailing industry standards and regulations in order to assist with the assigning of responsibilities.  Our findings and opinions were presented in an expert report. Read more
Root Cause Analysis of a Plant Fire - First Appearances Can Be Deceptive First appearances can be deceptive when investigating the root cause of an incident.  Root cause analysis (RCA) can identify hidden underlying faults that, when corrected, will prevent reoccurrences. This article reviews an example where an RCA of a fire and explosion was able to identify hidden deficiencies in the plant’s control systems, in which modifications had not been properly integrated. Read more
Sorting Through Repair Costs Following a Process Unit Explosion After an accidental hydrofluoric acid release, explosion, and fire at a refinery, the insurer made a subrogation claim against a vendor. Baker & O'Brien's task was to distinguish between true repair work versus that which is considered expense betterment.  Our consultants visited the site and evaluated project documents to develop a “scorecard” to summarize costs as repair or betterment for use by the parties to achieve settlement. Read more
When Hurricanes Hit, Storage Tanks Can Float—Archimedes’ Principle at Work Hurricane shutdown plans with respect to storage tank inventories can prevent tanks from floating during a flood surge.  Baker & O’Brien investigated events leading to an oil spill and the adequacy of procedures vis-à-vis the prevailing standard of care.  After submitting our report, the matter was settled.   Read more
Mother Nature Intervenes and Causes a Business Interruption Claim An accident in a busy ship channel closed shipping traffic for a number of days, resulting in refineries and chemical plants having to adjust process rates to avoid shutdowns. Baker & O'Brien assessed the reasonableness of a refiner’s business interruption claim based on lower crude throughput, lower secondary processing, and ship demurrage charges.  Our independent review of the refiner’s actions and quantum of the losses figured in to negotiating a settlement. Read more
Determining the Root Cause of Project Delay – Not as Easy as it May Appear In this case, a dispute between a refinery owner and turnaround contractor concerned a two-month schedule overrun.  The analysis required a clear view of what transpired versus what was planned, including a disruptive accident, late completion of repairs essential to start-up, and weather-related events.  Our expert insight into turnaround execution, in conjunction with building a timeline of events, formed the basis of opinion that helped guide the settlement. Read more
When “All Risks” May Not Cover “All Losses” When a refiner failed to provide product volumes, per a crude oil tolling agreement, the trader filed a lawsuit against the refiner and a loss claim to its insurance provider.  Baker & O’Brien was engaged to verify the extent of the losses incurred and evaluate the cause of the losses—inefficiency processing or theft—and provided expert testimony at trial. Read more
Post-Incident Analysis Can Prove Invaluable in Prevention of Future Liability Root cause analysis was applied to a refinery naphtha tank overflow incident, which resulted in a toxic tort claim from workers at a nearby facility.  Baker & O'Brien investigated the timeline that led to the incident, actions taken during and after, review of procedures, training, incident reporting, and spill response actions vis-à-vis the Mutual Aid System.  After submitting our expert report, the matter was settled. Read more
Fast Actions Could Have Saved the Day (and the Pipe) An insurance claim for pipe damage losses had been attributed to the presence of residual brackish water after a hurricane.  At issue were the timeliness (or lack thereof) for corrective cleaning and treating after exposure, and a comparison of the clean and treat costs to pipe replacement.   Read more
Dissecting the Root Cause of Equipment Failure – Was the Hurricane to Blame? Following a hurricane, there was disagreement over whether a series of failures at a refinery had the same common root cause. Detailed statistical analysis of the failure events was employed by a team of Baker & O'Brien consultants, while sifting through the data to identify the mechanisms underlying each individual event.  Our expert report facilitated resolution of the insurance claim for business interruption. Read more
Highly Specialized Steel Alloys Inflate Repair Costs An insurance claim followed an explosion and fire at a petrochemical complex.  Due to the extent of the damage, several difficult engineering problems were encountered.  The claim was complicated by the cost associated with repairing and replacing equipment constructed of specialized steel alloys. Read more
Hooked on a Pipeline Damages to a subsea gas pipeline resulted in a hurricane-related insurance claim.  Due to the urgency of the need to repair it, several questions arose as to the schedule and costs.  We provided an expert opinion on the reasonableness of repair costs. Read more
Compressor Station Failure – Flawed Design or Inadequate Operations and Maintenance Practices? Two years after a new compressor station was placed in service, a compressor experienced a failure that resulted in a fire and damage to it and nearby equipment.   The dispute between the operator and the equipment manufacturer concerned the bolt failure that led to the gas release and fire—flawed design or inadequate operations and maintenance.   We provided an expert opinion based on a design review, operating conditions, maintenance procedures, and attendance at the disassembly of compressors. Read more
Petroleum Coke Pit Retaining Wall Collapse Collapse of a refinery coke pit retaining wall resulted in significant property damage and business interruption.  Baker & O’Brien was engaged to review the pit design to determine if it was fit-for-service, and if, at the time, the pit was operating within design parameters.  We provided depositions on process safety management procedures and practices for construction and operation. Read more
Refinery LP Models – Intimidating but Necessary Linear Program (LP) models are used extensively in refineries to optimize feed slate in order to meet anticipated market demand, which require specialty knowledge of plant configuration and production capability.  An LP was submitted by a refiner to support a business interruption insurance claim after a process unit fire.  Baker & O’Brien’s expertise with refinery LP models was an essential factor in analyzing the claim and preparing an expert report. Read more
Under Pressure—Crushed Like an Empty Beer Can During the cleaning operation of a very large storage tank, the roof suddenly and unexpectedly collapsed; Baker & O’Brien was retained to determine why.  We evaluated the cleaning procedures, relevant valve positions, cleaning fluid temperatures, and then produced a computer simulation with these inputs to predict the forces that resulted in the tank damage.  Baker & O’Brien produced an expert report of the incident cause for the related claims for property damage and business interruption. Read more
Force Majeure ... or Not? A refiner declared a force majeure that delayed a ship scheduled to dock and load product after the local port authority closed the port during a hurricane.  When the refinery extended the force majeure claim beyond the reopening of the port, the shipper claimed demurrage costs.  Baker & O’Brien assessed the basis for the force majeure extension by performing an analysis of refinery operations, planning, and scheduling. Read more

 

Related Experience

Related Experience
Ammonia Plant Construction Insurance Dispute Evaluated the technical basis for a ammonia plant insurance claim involving construction defects and warranty work.  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 Provided an expert consultant business interruption loss estimate for damages to a concrete products producer as a result of an incident at an oil refinery. Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance
Chemical Plant Business Interruption Claim Analyzed the impact of a major equipment fabrication error on a chemical plant business interruption (BI) claim including schedule delay and financial impacts. Business Interruption, EPC-related, Industry Practice/Standard of Care, Safety
Business Interruption Claim and Root Cause Analysis Monitored rebuild engineering and construction of facilities damaged by fire and offered expert opinion on the appropriate construction period for the business interruption claim. Participated in the incident root cause analysis. EPC-related, Expert Witness/Testimony, Forensic Analysis , 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
Refinery Environmental Contamination Insurance Litigation Provided expert witness testimony and analysis regarding liability and damages for petroleum refinery environmental contamination insurance claims across the U.S. based on the multiple insurance contracts for each site.   Environmental, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Toxic Tort
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 a petroleum refinery business interruption insurance claim resulting from a dock closure because of an oil spill. Business Interruption, Environmental, Operations/Maintenance, Waterborne/Marine
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
Petrochemicals Business Interruption Claim Assisted in a dispute concerning a petrochemicals business interruption claim and lawsuit after a declaration of force majeure by a manufacturer. Reviewed pertinent data and prepared written reports, affidavits, and deposition regarding the business interruption 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
RFCC Arbitration Expert Report Arbitration expert witness opinion on residual fluid catalytic cracking (RFCC) operations, prudent operating procedures, and force majeure claims related to an RFCC incident. Arbitration, Commercial Terms Review, EPC-related, Expert Witness/Testimony, Operations/Maintenance, Waterborne/Marine
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 Provided expert consulting support assessing EPC contractor’s responsibilities, project execution, and start-up issues associated with the construction and start-up of a refinery expansion project.  Assisted client in two areas:  (1) assessed circumstances associated with a piping failure to determine if failure was due to poor engineering design; and (2) organized retained materials to assist with insurance claim. 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 evaluating a series of insurance claims centered around separate events to determine a proximate cause.  Work included reviewing design and operating records for a worldscale ammonia plant.  Each of the events resulted in claims for property damage and business interruption.  Prepared an analysis and report that evaluated the root cause for each of the events and whether the events were connected by a chain of causation. Business Interruption, Fertilizers, Operations/Maintenance, Property Damage
Electrostatic Precipitator Explosion Investigated the cause and origin of an explosion in an electrostatic precipitator used in a cement manufacturing plant that was the subject of an insurance claim.  Reviewed operating records for temperatures, pressures, and flow rates through a rotating cement kiln.  Evaluated operation of the electrostatic precipitator for anomalies prior to the explosion.  Concluded that the cause and orgin related to a mechanical failure in the kiln.  Provided findings to the owner and its insurer and supported decisions regarding coverage and subrogation issues. Business Interruption, Property Damage
Refinery Incident CLaim Assisted in the investigation of a refinery leak and fire. Coordinated the collection of information related to the incident and disseminated it to the relevant parties.  Helped audit incident related retained materials and developed inventory documentation. Business Interruption, EPC-related, Operations/Maintenance, Property Damage
Ethylene Plant Construction Dispute Opined on the reasonable period of time for the completion phase of a rebuild project after a fire during an expansion project.  Commented on the implementation of relief system changes during the rebuild to be in compliance with standards and codes. Business Interruption, EPC-related, Operations/Maintenance
Marine Dock Damage Insurance Claim Analyzed the business interruption insurance claim of petroleum product terminal that was impacted by marine dock damage caused by the collision of an arriving ship.  Provided advice regarding potential mitigations concerning the terminal’s product movements. Business Interruption
Insurance - Sugar Mill: Lost Production Claim A steam-driven turbo-generator in a sugar mill failed, causing loss of production.  There was a dispute between the mill owner and its insurer concerning the physical damages and the business interruption losses.  We were engaged to evaluate the claim. Business Interruption
Tank Collapse Dispute Investigated the cause of a tank collapse that occurred during cleaning activities in preparation for a planned internal inspection.  Assessment included evaluating:  (1) condition of the tank prior to the incident; (2) work processes utilized by contractor performing tank cleaning; (3) maintenance and inspection practices of tank operator; (4) industry accepted practices for tank inspection; and (5) contributing causes that led to the incident.  Baker & O'Brien also assessed the cost to clean the tank and perform repairs following the incident.  Developed expert report and provided support through mediation and settlement efforts.    Expert Witness/Testimony, Operations/Maintenance, Property Damage
Hurricane Product Shortage Claim Assessment Assessed a product shortfall by a chemical producer following Hurricane Harvey.  Provided volume and revenue estimates, taking into consideration port closures and the timing of force majeure declarations. Arbitration, Business Interruption, Commercial Terms Review, Expert Witness/Testimony, LP/Planning Practice
Refinery Power Failure A power supply failure at a refinery resulted in a complete and extended outage of the refinery, as well as long-term impacts to refinery operation.  Opined on the duration of the outage, the refiner’s actions, and refinery procedures during the restart effort with respect to typical refinery restart efforts.  Also calculated the economic damages suffered by the refinery as a result of the power outage. Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
Insurance Support: Liability and Business Interruption Assessed the merits of a liability claim and business interruption claim associated with an equipment failure in a sulfuric acid regeneration facility.  Advised on the value and key determinants of a business interruption claim. Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
Personal Injury Liability Investigation Investigated a personal injury claim following a petroleum refinery process incident.  Provided expert opinions on refinery conformity with the latest available industry technology, regulations, standards, and practices. Industry Practice/Standard of Care, OSHA-related, Safety