Insurance

Williams Montgomery & John attorneys are established advisors and litigators in the insurance area representing insurers and policyholders in coverage disputes and bad faith litigation involving both traditional and novel claims. Several of our veteran trial lawyers have been selected by their peers for inclusion in Illinois Leading Lawyers for insurance coverage law.

The firm handles insurance coverage matters across the United States, serving as both coordinating and trial counsel.  We have prosecuted and defended declaratory judgment actions and provided coverage opinions for claims arising from professional liability, general liability, commercial auto, personal auto and homeowner policies.  We have defended insurance companies against numerous claims of bad faith, consumer fraud and breach of contract.

Our deep involvement in insurance coverage litigation over the past two decades extends to the representation of clients in disputes involving non-traditional issues, such as coverage for gun violence, environmental cleanup, advertising injury and a host of other specialty coverages. As a result of our wealth of experience, clients also seek our advice on insurance policy drafting and regulatory issues, as well as counseling regarding the handling of claims.

We currently serve as national class action counsel for a subsidiary of Zurich, defending that subsidiary in national and state-wide class actions. Our attorneys also represent Kemper Insurance Companies, advising on, litigating and resolving high-stakes cases nationwide. In addition, we represent Progressive Insurance Company, Allianz Insurance Company, Capitol Insurance Company and Liberty Mutual Insurance.

For more information about the firm's insurance practice, please contact Mr. Bruck at 312.443.3234 or mcb@willmont.com.

Partners Practicing in this Area

• David L. Applegate
• Michael C. Bruck
• Christina D. Harrison
• Brigid E. Kennedy
• Alyssa M. Reiter

Associates Practicing in this Area

• Anders J. Watson

Representative Matters

• Eirich Machines, Inc. v. Zurich Insurance Co., et al.
  

  Circuit Court of Cook County, Ill.
  Represented defendant Zurich Insurance in lawsuit brought by German manufacturer seeking coverage for property damage claim, and seeking damages, attorneys' fees and penalties for bad faith claim. Won on bad faith claim; settled property damage claim.

• Harleysville Mutual Ins. Co. v. GE Reinsurance Corp.
  

  U.S. District Court, Eastern District of Pennsylvania
  Settled lawsuit for client GE Reinsurance claiming $6.8 million under quota share reinsurance treaty.

• Household Inter., Inc. v. Liberty Mut. Ins. Co.
  

  749 N.E.2d 1 (Ill. App. 2001)
  Affirmed summary judgment for client based upon insured's violation of late notice condition of CGL policy in environmental coverage case.

• Knip v. Ohio Casualty Group, Inc.
  

  Circuit Court of Champaign County, Ill.
  Obtained summary judgment on behalf of Ohio Casualty Group in breach of contract and bad faith lawsuit. Plaintiff's claims arose out of defendant's denial of coverage for a property damage claim based on plaintiff's failure to cooperate.

• LaFarge v. Travelers, et al.
  

  U.S.D.C., District of Columbia
  Declaratory judgment, ruling in favor of insurers applying pollution exclusion in policy, affirmed by the United States Court of Appeals (11th Circuit). 

• Old Republic Insurance Co. v. Employer's Reinsurance Co.
  

  U.S. District Court, Northern District of Illinois
  Obtained judgment after trial for reinsurer in dispute relating to large, complex insurance program. Judgment was affirmed on appeal.

• On Air v. National Indemnity
  

  U.S. District Court, Eastern District of Pennsylvania
  Achieved directed verdict for the defendant, a Berkshire-Hathaway company, in a bad faith case seeking punitive damages for wrongful refusal to defend, fraud and intentional infliction of emotional distress. Decision affirmed on appeal.

• Reznikoff v. Indiana Insurance Co.
  

  Circuit Court of Cook County, Ill.
  Obtained judgment on the pleadings in favor of defendant insurer in bad faith lawsuit. Plaintiff's claim arose out of defendant's denial of coverage for several hundred thousand dollars of water damage to business property.

• Taurus Holdings, Inc. v. U.S.F.&G.
  

  913 So.2d 528 (Fla. 2005)
  Because the case involved unsettled issues of Florida law, the Eleventh Circuit certified to the Florida Supreme Court the question of whether there was coverage under CGL policies for lawsuits brought by municipalities against a gun manufacturer to recover for costs of medical services incurred as a result of gun violence. Florida Supreme Court found that the damages sought "arise out of" the use of guns and thus are excluded from coverage under the products-completed operations hazard exclusions.

• United National Insurance Co. v. Rand Paulson
  

  U.S.D.C., N.D. TX.
  Declaratory judgment, environmental liability and general liability coverage arising out of oil well blowout and fire in Mississippi. Settlement through bankruptcy proceeding involving policyholder. 

• United States Fire Ins. Co. v. Zurich Ins. Co.
  

  Circuit Court of Cook County, Ill.
  Won affirmance of dismissal and summary judgment on all pending claims on behalf of a primary insurer in lawsuit brought by an excess insurer. Plaintiff was attempting to recover the defense and settlement costs it incurred in defending a party insured by both the primary and excess insurer. Appellate court affirmed that the excess insurer's complaint was properly dismissed and summarily resolved in the primary insurer's favor.
  

• Zurich Insurance Co. v. Raymark
  

  Circuit Court of Cook County, Ill.
  Defended Commercial Union Insurance Co. in claim for coverage for asbestos litigation. Lost at trial. Decision resulted in creation of "triple trigger" theory of coverage in asbestos litigation.

• Zurich Insurance Company v. Federal Insurance Co.
  

  U.S. District Court, Northern District of California
  Bad faith lawsuit brought by excess insurer against client primary insurer arising out of substantial excess judgment in personal injury case.

• Zurich Services Corporation Bill Review Cases
  

  Circuit Courts in Illinois, Oklahoma and Tennessee
  Currently represent Zurich Services Corporation, a bill review company, as national counsel defending national and state class actions claiming improper reduction of medical bills. Tennessee class action successfully resolved through motion practice; Illinois class action successfully resolved; obtained exclusion from Oklahoma class action.