An Appellate Court Win Over Big Insurance

McArdle Frost Partner, Michael J. Frost, won a significant victory over Fireman’s Fund Insurance Company in the Illinois Appellate Court

Date: August 11, 2016

McArdle Frost is proud to report that Michael J. Frost, partner at the firm, won a significant victory in the Illinois Appellate Court over the large insurance company, Fireman’s Fund. The Appellate Court handed down its decision in late June 2016.

A seasoned and successful accident and injury lawyer, Mike Frost represented his client, Brian Harwell, in a personal injury suit in Will County, Illinois. Through that litigation, Mike secured a jury trial verdict of $255,186.00 as a result of a knee injury – an injury that Mr. Harwell suffered when he fell through a floor on a construction site.

The defendant in the case, a general contracting company, had gone into bankruptcy. Its insurance carrier, Fireman’s Fund, defended collection proceedings based upon terms of the contracting company’s insurance policy. The policy could have potentially lowered the limits of its own liability, and if enforced, could have completely prevented Mr. Harwell from collecting the award that Mr. Frost had won at trial.

In an opinion issued by three justices from the Illinois Appellate Court, the arguments put forward by Fireman’s Fund were rejected based upon the fact that the big insurance company and its attorneys had filed answers to interrogatories which were false, and then continued to perpetuate that falsehood by failing to supplement their answers:

Fireman’s Fund’s agenda seems clear: deny coverage to [the insured], control the flow of information to Harwell, fight Harwell tooth and nail through the original case, and after losing the trial — reveal the endorsement. This smacks of sandbagging, which we do not condone. Instead, we find that equity demands that Fireman’s Fund be estopped from asserting the endorsement against Harwell. 2016 IL App (1st) 152036 at ¶15.

As a result of the Appellate Court ruling, Mr. Harwell will indeed be able to collect the winnings secured for him by McArdle Frost.

Let Our Construction Accident Attorneys Help You

If you’ve been injured in a construction site accident, we invite you to contact Mike Frost and his fellow construction site accident attorneys on 312-372-0500. Mike and his fellow lawyers would be delighted to offer you a free consultation to discuss the details of your case.


A complete copy of the opinion can be found at: http://www.illinoiscourts.gov/Opinions/AppellateCourt/2016/1stDistrict/1152036.pdf

Posted in: Construction Accidents, Newsroom

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