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Insurance Representative Cases

  • Represented an insurer seeking a declaratory judgment order that the insurer had no duty to defend or indemnify a pharmacy in several wrongful death suits in which the druggist admitted to conspiracy to sell controlled substances.
  • Filed a declaratory judgment action in federal court on behalf of the insurer of an aircraft part manufacturer sued for failure to warn that component parts had limited shelf life, resulting in a crash of a helicopter in Iraq. Coverage was denied due to an exclusion for “airline products” and late notice.
  • Represented a property insurer contending that the loss to a building contaminated by asbestos resulting in the complete remediation of the property was excluded by the negligent work exclusion. Obtained summary judgment on bad faith counterclaim which was upheld by the Illinois Appellate Court.
  • Represented an insurer in a civil lawsuit in state court against a former claims adjuster and third-party contractors who conspired to embezzle funds and then launder those funds through the construction and sale of a luxury home.
  • Defended an insurer against several lawsuits by policyholders who alleged breach of contract and bad faith as a result of the denial of their claims under the intentional acts and concealment or fraud provisions of those policies.
  • Represented life insurer denying coverage to policyholder under a term life policy due to a change in the insured’s health condition (brain tumor) subsequent to the application but prior to the delivery of the policy. Summary judgment granted by U.S. Dist. Court (N.D. Illinois).
  • Represented an insurer in an action to rescind its insurance policies due to the insured’s misrepresentation on its application for coverage concerning its knowledge of a potential loss. The insurer and insured entered into a tolling agreement after the apparent misrepresentation was discovered, and in the meantime another claim was made with alleged losses in excess of $100 million. The insured has denied it made any misrepresentations and therefore the insured is not entitled to rescind. The parties have exchanged more than three million pages of documents and have deposed more than 40 witnesses.
  • Defended insurer in construction-defect coverage litigation, in which the insured was charged with faulty construction of a condominium building, resulting in damage to numerous condominium units. The case involved issues of whether there was an occurrence, property damage and application of various exclusions.
  • Represented health care liability insurer in declaratory judgment action concerning coverage for more than 120 lawsuits against physician for allegedly unnecessary surgery.  Declaratory action claimed that insured physician knowingly performed unnecessary surgeries.

Johnson and Bell

Johnson and Bell