Insurance

Back to Practice Areas

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.

The firm's insurance practice is led by partner Michael C. Bruck.  Mr. Bruck is listed in Illinois Leading Lawyers for insurance coverage and reinsurance law.

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

 

  


Representative Matters

  • American Automobile Ins. Co. v. Liberty Mutual Ins. Co.

    U.S. District Court, Northern District of Illinois, No. 97 C 6613
    Represented primary insurer in suit by excess insurer asserting bad faith failure to settle underlying case within policy limits. Matter resolved through arbitration.

  • Bagley v. Auto-Owners Insurance Co.
    Circuit Court of Muscogee County, Ga.
    Settled class action against Auto-Owners Insurance Co. involving automobile property damage coverage. Plaintiffs, all Georgia policyholders in the six years prior to filing suit, sought retroactive payment of diminution in value claims.
  • Conn. Specialty Ins. Co. v. Loop Paper Recycling
    824 N.E.2d 1125 (Ill. App. 2005)
    Affirmed summary judgment for Connecticut Specialty, upholding pollution exclusions in CGL policy. Result protected client from defending or indemnifying class action toxic tort lawsuit.
  • 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.

  • Ellett Brothers, Inc. v. U.S.F. & G., et al

    U.S.D.C., SC.
    Declaratory judgment litigation seeking coverage arising out of quasi-regulatory firearm suits filed in various areas of the country. Summary judgment granted in favor of insurers.

  • Fuller v. Liberty Mutual Fire Ins. Co.
    Circuit Court of Cook County, Ill.
    Obtained dismissal, with prejudice, of class action against Liberty Mutual involving insurance sales practices. Plaintiffs alleged negligence and consumer fraud based on defendant's failure to provide optional water back-up coverage. Individual claims are pending.
  • General Casualty Company v. Taylor Farm LLC, et al.

    Monroe County, IN.
    Declaratory judgment, rescission of policies and no coverage ruling as to vacant farm property contaminated with PCB chemicals. Negotiated settlement and agreed judgment for voiding and release of policies. 

  • 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.
  • J.M.H.P. Wetherall v. Cole Booth Potter

    U.S. District Court, Eastern District of Pennsylvania
    Obtained judgment for client intermediary in facultative reinsurance dispute. Judgment for client was reached after trial and was affirmed on appeal.

  • Kerr-McGee Chemical Corporation v. Aetna, et al.

    OK S. Ct.
    Disputed coverage of claims of radioactive soils deposited at various locations in Illinois. Decision applying pollution exclusion affirmed by Oklahoma Supreme Court. 

  • Knip v. Ohio Casualty Group, Inc.
    Circuit Court of Champaign County, Ill.
    Obtained summary judgment in breach of contract and bad faith lawsuit against Ohio Casualty Group arising from defendant's denial of coverage for property damage claim.
  • 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). 

  • Mooneyhan v. Dixie Insurance Co.

    Circuit Court of Coahoma County, Miss.
    Obtained reversal of verdict against Dixie Insurance in an insurance bad faith lawsuit based on failure to settle a minor property damage claim. Plaintiff was awarded $1 million in the initial trial in which Dixie was defended by another attorney. Verdict was reversed on appeal, and case settled for $350,000 prior to second trial.

  • Old Republic Insurance Co. v. Employer's Reinsurance Co.
    144 F.3d 1077 (7th Cir. 1998)
    Affirmed judgment for client Employer's Reinsurance in dispute relating to large, complex insurance program.
  • On Air v. National Indemnity
    U.S.D.C., Philadelphia, PA.
    Defended a Berkshire-Hathaway company in a bad faith case for wrongful refusal to defend, fraud and intentional inflection of emotional distress. Plaintiff sought punitive damages. Directed verdict for the defendant. The trial court’s ruling was affirmed on appeal. On Air Entertainment Corp. v. National Indemnity, 210 F.3d 146 (3rd Cir. 2000).
  • Reznikoff v. Indiana Insurance Co.
    Circuit Court of Cook County, Ill.
    Obtained judgment for defendant insurer in bad faith lawsuit arising from defendant's denial of coverage for water damage claim.
  • Taurus Holdings, Inc. v. U.S.F.&G.
    913 So.2d 528 (Fla. 2005)
    Eleventh Circuit certified to Florida Supreme Court the question of whether there was coverage under CGL policies for lawsuits brought by municipalities against a gun manufacturer to recover costs of medical services incurred as a result of gun violence. Florida Supreme Court found that 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.
    768 N.E.2d 288 (Ill. App. 2002)
    Won affirmance of dismissal and summary resolution for primary insurer Zurich in insurance coverage lawsuit brought by excess insurer. Plaintiff claimed liability against Zurich for failure to make timely offer of its policy limits in multimillion-dollar settlement of building defect case.
  • Vancom v. Zurich American Insurance Company

    U.S. District Court, District of Nevada
    Settled lawsuit on behalf of defendant Zurich in suit brought by insured claiming insurance bad faith and breach of contract. Case arose out of a $26 million excess verdict against Zurich's insured.

  • Zurich Insurance Co. v. Raymark
    Cook County, IL.
    Declaratory judgment action to determine insurer's obligations with respect to asbestos-related litigation. Illinois Supreme Court established "triple trigger" principle for coverage.
  • Zurich Insurance Company v. Federal Insurance Co.
    U.S. District Court, Northern District of California
    Obtained payment to primary insurer client in breach of contract and bad faith lawsuit against excess insurer.
  • 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 through settlement and Oklahoma class action pending.