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POLICYHOLDER-FOCUSED COUNSEL
Insurance Recovery
Insurance is purchased for protection against risk. When a covered loss occurs, policyholders should receive the benefits their contracts provide.
THE POLICY IS THE PROMISE.
An Insider's Perspective
Having represented insurance companies in coverage disputes, we understand how insurers evaluate claims and defend their decisions.
ACL brings that experience to the policyholder’s side, challenging improper denials and pursuing the coverage the policy provides.
Insurance Matters We Handle
Focused representation in disputes involving property, liability, and contractual insurance obligations.
Commercial Property Insurance
Coverage disputes involving fire, water damage, structural losses, and other commercial property damage.
Business Interruption
Disputes involving lost income, continuing expenses, and business disruptions following covered events.
Liability Insurance
Insurer refusals to defend or indemnify businesses facing lawsuits and third-party claims.
Additional Insured Coverage
Disputes over defense and indemnity obligations owed to additional insureds under commercial insurance policies.
Claim Denials & Underpayment
Challenges to coverage denials, restrictive policy interpretations, and inadequate claim valuations, including denied technology and AI-related losses.
Selected Individual Claims
Life insurance claim denials for beneficiaries, plus significant homeowners and personal property disputes.
How an Insurance Recovery Matter Works
Most engagements move through four stages. Timing depends on the policy, the insurer, and how quickly the facts can be documented.
STEP 01
Policy and Claim Review
We collect the full policy, including endorsements, the claim file, and the insurer’s letters, and identify the coverage grants, exclusions, conditions, and deadlines that apply, including any contractual deadline to sue.
STEP 02
Coverage Assessment
We test the insurer’s stated grounds against the policy language and Illinois law, then explain your options, likely costs, and realistic timing before you commit to a course.
STEP 03
Engaging the Insurer
We respond in writing, supply supporting documentation, and press for a defense or payment. Where a delay or denial is unreasonable, Section 155 of the Illinois Insurance Code may allow additional recovery.
STEP 04
Resolution or Litigation
Many disputes resolve through negotiation, appraisal, or mediation. When they don’t, we pursue a declaratory judgment or breach-of-contract action in state or federal court.
Before You Respond to Your Insurer
A few early missteps can narrow what you recover later. If a claim has been delayed, underpaid, or denied, talk to coverage counsel before you do any of the following.
STATEMENTS
Don’t give a recorded statement unprepared
Insurers use recorded statements and examinations under oath to test a claim. Know what the policy requires of you and what the insurer is investigating first.
RELEASES
Don’t sign a release or cash a final check
A release, settlement check, or final proof of loss can close the claim for less than the policy owes. Read anything marked “full and final” before you sign.
DEADLINES
Don’t let the policy’s deadline run
Many commercial policies require suit within one or two years of the loss, far shorter than the general limitations period. Illinois pauses that clock only from proof of loss until denial.
EVIDENCE
Don’t discard damaged property or records
Make the temporary repairs needed to prevent further damage, but photograph and preserve everything first. The insurer may ask to inspect, and you will need the proof.
BEFORE YOU RESPOND
Schedule a Consultation
Different Policies. Different Obligations.
First-Party Insurance
Covers losses to the policyholder’s own property or business, including disputes over damage, valuation, and business interruption.
COMMON ISSUES
Coverage and exclusions
Loss valuation and replacement cost
Business interruption and extra expenses
Claim denials and delayed payments
Third-Party Liability Insurance
May require the insurer to defend covered claims and indemnify covered liabilities. Disputes often turn on the duty to defend, exclusions, additional insured status, or coverage allocation.
COMMON ISSUES
Duty to defend and indemnify
Additional Insured coverage
Exclusion wording and interpretation
Allocation among policies and insurers
INSURANCE / Q&A
Frequently Asked Questions
When should I consult an attorney about an insurance claim?
Can you help if my insurance claim has already been denied?
What if my insurer offers less than my claim is worth?
Can you help resolve a coverage dispute without filing a lawsuit?
What if my insurer refuses to defend my business against a lawsuit?
How does ACL evaluate whether pursuing an insurance claim makes financial sense?
How are legal fees structured for insurance recovery matters?
DISCUSS YOUR COVERAGE DISPUTE
You Paid for the Coverage. Make Sure You Receive It.
If your insurer has denied coverage, delayed payment, or failed to provide a defense, a focused legal review can help clarify your options.
Schedule a Consultation
INSURANCE RECOVERY WATCH
Latest Developments
SUMMARY AS OF
·
Employee Exclusion
Illinois Appellate Court: worker on his first day was an “employee,” barring CGL coverage for his death
In Mt. Hawley Insurance Co. v. Stone Development Group, the First District held that a carpenter who fell to his death on his first day at a construction site was an “employee” under the contractor’s CGL policy, triggering its employee injury exclusions and barring coverage for the wrongful death suit. Missing paperwork and training did not matter; the court looked at who brought the worker on site, who directed his work, and how the contractor described him to OSHA.
SUMMARY AS OF
·
Late Notice
Third Circuit: insurer must prove real prejudice to deny coverage for late notice
The Third Circuit revived a manufacturer’s claim for coverage of a $70.1 million asbestos verdict, holding that three Hartford units had not shown they were harmed by notice given after the verdict. Applying New Jersey law, the court said an insurer must prove a likelihood of appreciable prejudice, and speculation that it could have settled for less is not enough. The case returns to the district court for further proceedings.
Source:
FROM OUR INSIGHTS
Analysis on Insurance Recovery
Eight people died on November 11 when a Brooklyn building collapsed into the excavation next door. If the same collapse happened in Chicago, the developer, contractor, and engineer would blame each other, and so would their insurers, over additional insured coverage, contractor exclusions, and refused settlements.
A denial letter is written to sound final, but it rarely is. A former insurer-side coverage litigator explains how insurers build, value, and deny claims, and how policyholders can approach a claim the same way.
ALLISONCHOLAW / LITIGATION & INSURANCE RECOVERY