A Berkshire Hathaway insurance subsidiary faces accusations of publishing false loss-run records that allegedly forced a Georgia agency out of business.
Nigel Francis and Francis & Francis Insurance Agency filed a suit on January 23, 2026, in the US District Court for the Northern District of Georgia, naming biBERK Insurance Services, Inc. and National Liability & Fire Insurance Company as defendants. The case, which has yet to be decided, puts a spotlight on how insurers handle underwriting records and the downstream consequences when that information may be inaccurate.
Francis ran an independent agency specializing in commercial trucking, owner-operator, and motor vehicle coverage. In 2024, the agency was generating between $300,000 and $400,000 in monthly premiums and held appointments with multiple carriers. Those relationships required continuous errors and omissions coverage, which the defendants provided.
The trouble began on September 4, 2024, when a third party, Angelyn Hart, contacted biBERK with accusations against Francis. Hart claimed he had engaged in stalking, harassment, and assault, and that he had improperly rated her Maserati for insurance. The filing contends these were personal grievances with no connection to professional services.
What happened next goes to the heart of the dispute. According to the filing, biBERK had access to evidence that contradicted Hart's claims almost from the start. Hagerty Insurance reportedly confirmed in a recorded call on September 5, 2024, that Hart's auto policy was in force and had not been cancelled. Hart's own police report from the same day acknowledged her coverage remained active. A senior biBERK claims representative allegedly told Francis the matter was personal and "would not affect" the policy.
The insurer's own Reservation of Rights letter, dated October 10, 2024, reportedly described Hart's statements as unverified "allegations."
Yet on March 21, 2025, biBERK allegedly issued a loss run stating as fact that Francis "rated the insurance incorrectly causing [Hart's] policy to be cancelled." Loss runs travel quickly through the industry, flowing automatically to carriers, managing general agents, and underwriting databases. The filing claims Progressive Insurance terminated Francis's producer appointment immediately after receiving the document. Other carriers allegedly followed suit, refusing to quote new business or severing ties altogether.
The agency was also hit with a nonrenewal notice in January 2025 citing "unfavorable loss experience." An April 2025 email denied extended reporting coverage on similar grounds. Even after Hagerty provided written confirmation in July 2025 that Hart's policy had never been cancelled due to rating issues, the disputed loss run allegedly remained in circulation.
By March 2025, the agency had shut its doors.
The lawsuit seeks compensatory, consequential, special, and punitive damages, along with a court order requiring the defendants to correct and retract the loss-run entries. The claims include defamation, tortious interference, negligent misrepresentation, and breach of the implied covenant of good faith and fair dealing.
No determination on the merits has been made, and the defendants have not yet responded.
