Kyle A. Smith

Kyle has worked with clients in a wide variety of industries ranging from small, locally owned businesses to Fortune 500 companies, including financial institutions, manufacturers, professional service firms, publishers, and healthcare providers, among others. He has analyzed accounting and financial data and provided litigation support in various types of disputes, including insurance disputes, commercial damages, breach of contract, lost profits, class actions, and construction matters.

A sampling of Kyle’s project experience includes:

Business Interruption, Extra Expense and Property Damage

• Assisted numerous clients with the preparation, negotiation, and settlement of claims associated with insured, catastrophic events including the calculation of economic damages resulting from business interruption, extra expense, and property damage claims.
• Prepared a damage calculation, claim submission, and facilitated the negotiation and settlement of an international medical device manufacturer with significant production facilities in Puerto Rico impacted by hurricane Maria. Damages were in excess of $200 million dollars and included long lasting impacts to the supply chain and increased demand due to significant flu season.
• Quantified a property damage and business interruption claim for a large healthcare service provider with +100 facilities impacted by the 2021 winter storms throughout Texas. Policy language required particular attention to classification of cause(s) of loss and period of indemnity as well as potential for make-up of lost procedures.
• Measured and prepared a damage claim for a Fortune 100 consumer foods company that experienced recall loss resulting from a suspected e-coli contamination in one of its product’s ingredients. The recall was initiated in the United States, but also impacted international shipments. Damage calculations included product recall expenses, product restoration expenses, inventory, lost profits, and extra expenses.
• Quantified business interruption impacts to a large healthcare system which was impacted by both hurricanes Irma and Harvey. Financial analysis was required to demonstrate the loss of revenue related to both impatient and outpatient services. Additional analysis was required to demonstrate make-up in certain patient categories was unlikely due to the nature of the patient care.

Cyber Events

• Calculated a business interruption measurement for a multinational professional services firm whose systems were interrupted over the course of several weeks by a ransomware attack. The calculation was based on lost utilization of employees. Losses also included systems recovery and restoration extra expenses, and incremental IT hours.
• Prepared the cyber claim for a military-aerospace and industrial electronics manufacturer with losses caused by a Ryuk ransomware attack. Losses included systems recovery and restoration extra expense, and business interruption including significant impacts to the production process. Services included preparing all claim reports and supporting documentation submitted to the carrier and responding to auditor’s requests for information.
• Developed a comprehensive cyber claim for a regional gas station and convenience store company who suffered a companywide cyber event. The systems of hundreds of stores were disrupted for several weeks. Systems handling customer loyalty sales, procurement, and other essential operations were disrupted as a result of the cyber incident. Claim items included IT and incident response and recovery costs, lost fuel and convenience store sales and the corresponding business interruption losses, incremental freight, and distribution expenses, among others.
• Quantified damages resulting from a cyber event which disrupted various critical processes of a large media and publishing company. Disrupted publishing and printing resulting in lost advertising revenue and ultimately a business interruption claim. Additional claim components included significant out of pocket expenses related to forensic investigation and recovery of systems

Business Interruption Values & Exposure Analysis

• Annual evaluation of business interruption risk exposure for insurable values reporting and insurance renewal

Expert Services & Litigation Support:

• Prepared an expert report for counsel on behalf of an international equipment manufacturer and engineering firm of agricultural storage and handling products. Following the collapse of a grain silo designed and manufactured by the firm, evaluated the damages and claims of the grain terminal which purchased and erected the equipment and the grain terminals partner who contracted to supply grain to the terminal over multiple years. Claim elements included cost to repair and remediate the grain silos, business interruption losses, additional financing costs, anticipated future losses, as well as other delay and disruption costs.
• Conducted forensic accounting and financial analysis in order to segment out distinct business activities across various geographic regions and assess profitability as well as other financial characteristics of those activities related to a transfer pricing dispute between a Fortune 500, multinational beverage manufacturer and the IRS.
• Prepared a rebuttal analysis in the class certification phase of a consumer class action matter related to an alleged breach of contract by a theme park regarding the automatic renewal of park passes. Prepared rebuttal demonstrating the plaintiff’s proposed method to determine class members was incorrect and required a detailed and manual review to determine potential class members. Also, demonstrated the proposed method was inaccurate and required individualized analysis to determine to a reasonable degree of alleged damages.