Set in an actual courtroom, the judge in this “trial” served 16 years on the NC Court of Appeals. The defendant’s attorney serves as Panel Counsel for Swiss Re and has defended numerous agents in actual E&O claims situations. The expert witnesses used have actually served in this capacity in real E&O lawsuits.
This is a “bench trial” in which the judge is the decider of fact and there is not a jury present. This means that the viewer will have the advantage of hearing the judge questioning the witnesses and the attorneys and this will help them better understand the legal issues that arise during the trial and which contribute to the judge’s final decision.
The script for the trial was provided by Swiss Re and is NOT state specific. No reference is made to a particular state nor is the judge’s decision based on the laws of a particular state. The case is titled “Green Things Nursery vs. The Lax Agency”. The basics of the case are that the insured called his agent to report that he had purchased a backhoe and wanted it added to his commercial policy. Later, while using the backhoe at a new residential development, the insured cuts a gas line, sparking a fire which destroys the backhoe and two neighboring houses. The claim is submitted and the carrier denies the claim, citing that the agent failed to procure the proper coverages with the carrier.