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Litigation & Dispute Resolution
Insurance coverage issues may arise in two general ways. A party can be involved in a dispute — as a defendant or plaintiff — in which there is the possibility that third-party insurance may be tapped to cover the costs of litigation, damages and recoveries. Or, a party may be involved in a direct dispute with an insurer that is refusing or failing to pay — or delaying payment — under a policy that should otherwise provide coverage.
Our attorneys are on the leading edge of emerging insurance coverage issues and litigation. Several of our lawyers are members of the Illinois Policyholders Counsel Group, an organization dedicated to protecting the interests of businesses and other policyholders, and to disseminating information and education to insurance company clients.
On behalf of our policyholder clients, we have won a number of significant victories with industry-wide ramifications, including:
- Valley Forge Ins. Co. v. Swiderski Electronics, Inc., 860 N.E.2d 307, 223 Ill. 2d 352 (Ill. Supreme Court, Nov. 30, 2006) (expanding advertising injury coverage and holding that undefined terms in insurance policies are afforded their plain, ordinary and popular meanings;
- Guillen v. Potomac, 203 Ill.2d 141 (2003) (construing for the first time section of Insurance Code requiring insurers to maintain proof of mailing notice of material changes to coverage);
- Perry v. Economy Fire & Cas. Co., 724 N.E.2d 151 (1st Dist. 1999) (determining type of notice insurer must give policyholder before materially changing coverage); and
- Insurance Co. of Illinois v. Stringfield, 685 N.E.2d 980 (1st Dist. 1997) (limiting scope of insurance policy's pollution exclusion).
We understand that speedy resolution of a dispute is often the primary goal of litigation. With this in mind, we regularly seek out alternative means of bringing closure to business conflicts — through arbitration, mediation and settlement. However, when litigation is necessary to resolve coverage disputes, we act aggressively, using every tool at our disposal.
Litigation & Dispute Resolution
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