BatesCarey LLP attorneys have significant experience handling first-party property insurance matters involving complex physical damage and time element claims arising under both commercial and homeowner’s property policies.  We have protected the interests of domestic and international insurers in claims arising from a number of significant domestic cat losses, including the 9/11 terrorist attacks, Hurricane Katrina and Superstorm Sandy.  We have extensive knowledge of the standard ISO first-party forms as well as the binding authority arrangements used by many of our clients in placing first-party business.

Our attorneys routinely handle novel and diverse interpretation issues, analyze, investigate and resolve coverage disputes, assist clients in reserving rights, investigate cause and origin claims, conduct examinations under oath, and position claims for litigation.  When necessary, we litigate or arbitrate claims across the United States.  Our experience and resources allow us to implement proactive and efficient claim resolution strategies resulting in outstanding results for our clients.

COVERAGE EVALUATION & LITIGATION ISSUES

Our attorneys have advised clients on a variety of issues with respect to all types of first-party property claims, including but not limited to:

• Actual Cash Value
• Appraisal
• Arson/Fire Claims
• Bad Faith/Extra-Contractual Damages
• Back Up of Sewer and Drain Endorsements
• Business Interruption and Extra Expense
• Concurrent Causation
• Cyber Business Interruption Claims
• Dishonest Acts
• Flood Losses
• Earth Movement
• Hail Claims
• Increased Cost of Construction
• Insured and Broker Misrepresentation
• Insured’s Duties After Loss
• Intentional Acts Exclusions
• Named Peril
• Ordinance or Law Exclusions
• Period of Indemnity Determinations
• Proximate Cause
• Replacement Cost Value
• Vandalism and Theft Exclusions

REPRESENTATIVE LITIGATED CASES

Burton Wells, Ltd v. Indian Harbor Ins. Co., 2009 WL 8463694 (N.D. Ill.) Ruling by the district court to bifurcate a bad faith claim from the coverage claim, which halted all discovery into the bad faith allegations until the insured established it was entitled to coverage.  Case was later dismissed with prejudice.

Zaragon Holdings, Inc. v. Indian Harbor Ins. Co., 2010 WL 3036762 (N.D. Ill.) Summary judgment on behalf of commercial property insurance carrier, securing a declaration of no coverage for water damage to an apartment complex because the insurer proved that the damage was caused by surface water, which was excluded under the policy.

Indian Harbor Ins. Co. v. Randolph Partners, LLC – 740 Series, 2010 WL 3155974 (N.D. Ill.) Summary judgment on behalf of commercial property insurance carrier, securing a declaration of no coverage for extensive damage from a broken sprinkler head because insured failed to comply with a protective safeguards endorsement.

Zaragon Holdings, Inc. v. Indian Harbor Ins. Co., 2011 WL 1374980 (N.D. Ill.) Summary judgment on behalf of commercial property insurance carrier, securing a declaration that storm damage to the roofs of the insured premises was not fortuitous and, therefore, was not subject to coverage. 

Indian Harbor Ins. Co. v. 2930 North Sheridan, LLC, Case No. 1:08-cv-3543 (N.D. Ill.) Defended insurer from multimillion dollar claim for damages related to asbestos discovered during renovation, resulting in a voluntary dismissal of the insured’s claims for coverage after the insurer filed a motion for judgment on the pleadings. 

Indian Harbor Ins. Co. v. Clarinet, LLC, Case No. 4:07-cv-581 (E.D. Mo.) Defended insurer in a trial concerning a coverage dispute and bad faith allegations related to the collapse of a historic building during renovations.

Delta Technical Products v. Hartford Casualty Ins. Co., Case No. 14 Ill. App. 1^st 122158 (Ill. 1^st Dist.) Summary judgment on behalf of insurer, securing a declaration that a sewer and drain endorsement was not ambiguous and the policy did not cover loss due to flood.  On appeal, the First District Appellate Court of Illinois confirmed the ruling, and also agreed there was a bona fide coverage dispute barring bad faith under Illinois law.

21^st Century Dental Care, LLC v. Sentinel Insurance Co., Case No. 1:13-cv-05863 (N.D. Ill.) Defended insurer in a breach of contract case seeking additional business income and replacement cost coverage following a rain storm at a dental practice.

Advanced Radiant Systems v. Peerless Indemnity Ins. Co., Case No. 1:14-cv-01943 (S.D. Ind.). Defended insurer in a breach of contract action brought by the insured seeking a belated appraisal and supplemental business income coverage.

Auto-Owners Insurance Co. v. Indiana Insurance Co., Case No. 1:12-cv-07401 (N.D. Ill.) Defended insurer in declaratory judgment case seeking a determination that builder’s risk insurance policy provided coverage for a residential fire loss for contractor who was not a named insured.

Cosmetique Inc. v. Hartford Casualty Insurance. Co., Case No. 1:11-cv-0774 (N.D. Ill.) Defended insurer in a declaratory judgment action seeking reimbursement of coverage following a theft of its proprietary customer list.

Fox v. American Economy Insurance Co., Case No. 1:10-cv-02580 (N.D. ll.) Defended insurer in declaratory judgment action seeking business income and ordinance or law coverage at a podiatry practice following a frozen pipe loss.

Lyon College v. Lexington Insurance Co., Case. No. 1:13-cv-00073 (S.D. Ar). Defended insurer in a declaratory judgment action seeking additional coverage for increased cost of construction and business income following a fire at the student commons building.

Restoration Specialists, LLC v. Hartford Fire Insurance Co., Case No. 1:08-cv-00644 (N.D. Ill.) Defended insurer in a declaratory judgment and bad faith action involving an insurance dispute stemming from the Wrigleyville Porch Collapse.