Insurance Coverage and Defense (Includes First and Third Party Liability, Fraud, Property and Surety Claims)

For over 30 years, our Insurance Coverage and Defense Practice has successfully represented numerous insurance companies in coverage disputes, as defense counsel under liability policies, and in a vast array of subrogation matters.

Insurance (First and Third Party Cases)

Established precedent allowing plaintiff to raise issue of waiver of defenses in property insurance cases where insurer makes an unrestricted offer to pay claims. Thompson v. Green Garden Ins. Co., 633 N.E.2d 1327 (1994).
Established only precedent in United States at the time awarding attorney’s fees and costs to successful plaintiff-client who sued federal government, which had issued flood insurance policy and had handled claim unreasonably. Kolner v. Federal Emergency Management Agency, 547 F.Supp. 828 (N.D. I11. 1982).
Established precedent for Accord and Satisfaction of check issued in settlement of insurance claim. Nelson v. Fire Ins. Exchange, 510 N.E.2d 137 (2nd I11.App. 1987).
Established precedent for enforcing one-year limitation provision in insurance policy and creating theories of estoppels and waiver under property policy. Florsheim v. Travelers Indem. Co. of Illinois, 393 N.E.2d 1223 (1st I11.App. 1979).
Represented plaintiff in liability insurance claim. Adman Products Co. v. Federal Ins. Co., 543 N.E.2d 219 (1st I11.App. 1989).
Represented plaintiff public adjuster against insurance company. Willis v. Ohio Cas. Co.,428 N.E.2d 1061 (1st I11.App.1981).

Insurance Fraud and Property

Represented Truck Insurance Exchange in successful trial and appellate decision upholding a jury verdict which specifically found the insured guilty of arson, false swearing and refusal to cooperate with the insurer’s investigation of claim. Kafka v. Truck Insurance Exchange, 19f.3d 383 (7th Cir. 1994).
Established precedent for creating defense of fraud as a matter of law in Illinois fire cases. Folk v. National Ben Franklin Ins. Co., 350 N.E.2d 1056 (1976).
Established precedent allowing innocent insured to recover under property insurance policy, despite fraud of co-insured. Miceli v. State Farm Fire & Cas. Co., 518 N.E. 2d 357 (1987).
Established precedent for finding insured involvement in arson and fraud based upon circumstantial evidence. Moore v. Farmers Ins. Exchange, 444 N.E.2d 220 (1982).
Established precedent for upholding jury verdict for defendant on claim of plaintiff under insurance policy where defense based upon arson and fraud. Truck Ins. Exchange v. Kafka, 911 F.Supp. 313 (N.D. I11. 1995).
Trial verdict in favor of defendant-insurer based upon defenses of arson and fraud involving claim of 1.5 Million.
Trial verdict for plaintiff- beautician accused of arson for profit.
Represented defendant in denying claim of plaintiff for fraud. Chicago Meat Processors, Inc. v. Mid-Century Ins., Co., 962 F.Supp. 119 (N.D. I11. 1997) and Chicago Meat Processors, Inc. v. Mid-Century-Ins., Co., 1996 WL 172148 (N.D. I11. 1996).
Represented insurance company in asserting successful arson defense. Courts of the Phoenix v. Charter Oak Fire Ins. Co., 560 F.Supp. 858 (N.D. I11. 1983).
Defended public adjuster in malpractice action by insured medical clinic seeking 2.5 million in damages arising from arson fire; won summary judgment vindicating client of all liability.
Represented defendant under liability policy. Great Southwest Fire Ins. Co. v. Greenlee, 481 N.E.2d 28 (1st I11.App. 1985).
Represented plaintiff under liability insurance policy. Hartley v. Berry, 452 N.E.2d 97 (1st I11.App. 1983).
Defense of insurance company under insurance policy. Meudt v. Travelers Ins. Co. 372 N.E.2d 902 (1st I11.App. 1978).
Defense of Insurance company under travel accident and automobile policy. Simon v. Lumbermens Mut. Cas.Co., 368 N.E.2d 344 (1st I11.App. 1977).
Represented disability insurer on contract claim. Kleinman v. Commercial Ins. Co. of Newark, New Jersey, 313 N.E.2d 290 (1st I11.App. 1974).
Represented defendant against bank on insurance claim. Ashland Sav. And Loan v. Aetna Ins. Co.,309 N.E.2d 293 (1st I11.App. 1974).
Represented insurance company defendant against bank. Bank v. Truck Ins. Exchange, 51 F.3d 1448 (7th Cir. 1995).
Represented defendant insurance company in claim on policy. Garcia v. Farmers Ins. Exchange, 122 F.Supp.2d 926 (N.D. I11. 2000) and Garcia v. Farmers Ins. Exchange, 121 F.Supp.2d 667 (N.D. I11. 2000).
Represented plaintiff in bad faith action against insurance company. Tramm Inv. Corp. v. Great Southwest Insurance Co., 1983 WL 1568 (N.D. I11. 1983).
Represented plaintiff house owner in flood claim against FEMA. Kolner v. Director, Federal Emergency Management Agency, 547 F.Supp. 828 (N.D. I11. 1982).
Defended insurance client in suit seeking $250,000.00 limit of underinsured motorist policy; won summary judgment based on insured’s refusal to furnish financial records and cooperate in the claim investigation.
Defended surety against claim for $23 million in damages due to misfeasance of insurance agent; settled for cost of defense.
Coordinated settlement for surety client involving over 40 subcontractors arising from default on performance bond; resulted in zero payment by surety and either payment or bar of all contractors’ claims.
Defended Puerto Rico-based boiler and machinery carrier against $2.8 million claim brought by insured for explosion of furnaces; settled for $150,000.00.

Surety

Defended surety against claim for $23 million in damages due to misfeasance of insurance agent; settled for cost of defense.
Coordinated settlement for surety client involving over 40 subcontractors arising from default on performance bond; resulted in zero payment by surety and either payment or bar of all contractors’ claims.