Insurance Recovery - First Party
Property Insurance

INSURANCE LITIGATION

Whether you are an individual who purchased insurance for yourself or your business, you purchased the insurance to help you through difficult times and to hedge against the risk of contingent, uncertain losses.  When disaster strikes, when automobile accidents occur, when your home or other property is damaged, when commercial disputes erupt, or when clients sue their advisers, you depend on your insurance company to be there.  Many times it is not. 

Insurance companies sometimes fail to honor the obligations contained in these insurance contracts or fail to perform some other responsibility by unreasonably delaying or denying payment of valid claims or failing to provide a defense.  When this happens, individuals, businesses and professionals turn to the attorneys of the Kenny Law Firm for representation.

The attorneys at the Kenny Law Firm concentrate on providing our clients with high quality, sophisticated and innovative representation in complex insurance coverage disputes and bad faith litigation.

For example, you may need to recover insurance proceeds under any one of the following policies:

AUTOMOBILE INSURANCE

Illinois requires all automobiles to carry statutory limits of insurance in case of an accident. You may not have only purchased this insurance because it is statutorily required but you may also have purchased it to defend against excess liability or to protect yourself, your loved ones or if you are an employer your employees by purchasing higher limits than what is statutorily required by purchasing uninsured motorist coverage or underinsured motorist coverage. These types of claims have complex notice requirements that if not properly perfected could result in waiver of insurance or grounds for the insurance company to avoid paying an otherwise covered accident.

If you are trying to perfect a claim under your automobile insurance policy, please contact us to assist you with the claims process to properly trigger your policy and if necessary handle arbitration or any coverage dispute that may arise.

COMMERCIAL GENERAL LIABILITY

If you are a business owner, you probably purchased a commercial general liability policy to protect against claims of bodily injury or property damage.  Such polices protect business owners and their assets from lawsuits. 

For example, a customer may be injured on your business premises.  Your commercial general liability policy typically covers the claim for damages.  However, you may discover like some business owners often find that your commercial general liability policy does not protect you as you believed it would when sued by an injured person.  Without insurance a large verdict or settlement in an injury lawsuit could bankrupt your business.

Please contact the Kenny Law Firm, P.C. if your insurance company has denied or unreasonably delayed payment of a claim against your commercial general liability policy.  Our law firm assists clients of all sizes in obtaining the insurance coverage they are entitled to receive.  Our firm also represents clients whose insurance companies have refused to defend their policyholders in lawsuits.

If you were injured and the business that caused injury to you is unable to pay you for your injury, you may be able to pursue the insurance company insuring the business that injured you and recover damages. If you need help in recovering from the defendant's insurance company, please contact us to schedule a free initial consultation.

BUSINESS INTERUPTION INSURANCE

Business Interruption Insurance is intended to make up for a business’ inability to continue operations, pay bills and expenses as a result of a disaster.  When disaster strikes, businesses suffer more than physical damages or loss to buildings, inventories and other property, there is an economic loss caused by the inability to continue operations.  Business Interruption Insurance is intended to make up for these losses.  It typically covers lost income and ongoing expenses such as utilities and salaries in the event a business must shut down due to disaster, such as a fire.  If your insurance company has denied claims for Business Interruption Insurance benefits or delayed payment, which can ruin your business, please contact the Kenny Law Firm today to schedule a free initial consultation to find out what your rights are.

DIRECTORS AND OFFICERS LIABILITY INSURANCE

The actions of directors and officers of all companies (public and private, large and small, for profit and nonprofit) are subject to scrutiny from multiple people, including shareholders, employees, competitors and regulators.  Stockholders can allege that the fluctuation in stock prices could have been prevented had the directors and officers been more diligent or that the director or officer purposely withheld information from investors.  Stockholders complain that inadequate consideration for their shares was given when their company was required. 

Accountant fraud cases, once considered mostly frivolous, are now commonplace, resulting in massive settlements and criminal convictions of senior managers.  Derivative lawsuits have been problematic and expensive to resolve.  Routine employment terminations now expose directors and officers to potentially significant judgments and settlements.  Directors and officers are often named individually in commercial disputes.  Large settlements and judgments are becoming more frequent.  Costs defending these claims can be staggering.  As liability and damages have increased so has the need for insurance to protect against such losses. 

If your insurance company refuses to pay losses for performance of your duties relating to your company or refuses to defend you against lawsuits relating to your performance of your duties to your company as an officer or director, don’t give up, you may still have options.  If a claim has recently been made relating to the performance of your company or its directors and officers, you must typically give notice immediately. 

Contact the Kenny Law Firm to stand up for your rights as a policyholder and help you obtain the insurance coverage you are entitled to receive.

ERRORS AND OMISSIONS LIABILITY INSURANCE FOR PROFESSIONALS

If you are a doctor, attorney, accountant or other professional, you rely on your professional liability insurance policy to be there for you when a claim is made.  You expect your insurance company to be there to defend you or pay a loss to an injured client.  Unfortunately, this does not always happen.  If a claim has been made against you, giving notice in a timely and proper manner is required under these policies.  If a claim has been made against you, contact the lawyers at the Kenny Law Firm to assist with perfecting this coverage.  If a lawsuit has been filed, conflicts may exist between you as a policyholder and the insurance company as a result of a reservation of rights being issued.  Contact the Kenny Law Firm to stand up for rights as a policyholder.

EXCESS VERDICT CASES

Too often insurance companies and their defense attorneys hired on your behalf try to save money by failing to except and pay a reasonable settlement offer by an injured party, putting the policyholder at risk.  By refusing to accept a reasonable settlement and taking the case to trial, insurance companies gamble with your potential liability and loss exposure above and beyond your policy limits.  Verdicts that exceed the policy limits leave the policyholder open to personal liability since the insurance company by contract is only liable for paying up to the limits of the policy.

Insurance companies may be sued for bad faith and may be liable for the entire amount of the judgment when the insurance company refuses to reasonably settle a lawsuit within the policy limits and the lawsuit results in a verdict in excess of the policy limits.

If you find yourself in this position, contact the Kenny Law Firm to discuss your rights.

 


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