Insurance coverage is a creature of contract. As such, a thorough understanding of common insurance policy terms, definitions, and exclusions, and the law interpreting them, is essential. Bartolucci Law is well versed in such terms and the law construing them, and is uniquely equipped to represent both insurers and policyholders in insurance-coverage disputes. Whether the firm represents an insurer or a policyholder, it will provide sound advice on the potential for coverage under an insurance policy, which advice is informed by Liz Bartolucci’s experience formulating legal arguments for both insurers and policyholders, based on objective analyses of the applicable law.
Insurance-Coverage Counseling and Dispute Resolution Lawyer in Chicago, Illinois
Insurer Representation
Insurers often find themselves faced with requests for coverages that clearly do not exist, or at least were not intended, under the policies they have issued to insureds. If they decline to defend their insureds, or defend under reservations of rights, under Illinois law, they are advised to file a declaratory judgment action in order to have a court validate their coverage position. Liz Bartolucci has assisted numerous insurance-company clients in responding to coverage requests, including tenders of defense, and is experienced in analyzing coverage, preparing disclaimer or reservation-of-rights letters, and prosecuting declaratory judgment actions when necessary. Examples of the types of policies Liz Bartolucci frequently analyzes include:
- Commercial General Liability Policies
- Businessowners’ Policies
- Employment Practices Liability Policies
- Directors and Officers Policies
Emerging areas of law in the insurance-coverage context that Bartolucci Law is actively analyzing include coverage for claims brought pursuant to Illinois’ Biometric Information Privacy Act (“BIPA”), and coverage for business interruption or the inability to work due to COVID-19.
Strategies Bartolucci Law understands and implements when coverage issues are complex include seeking stays of related actions, and facilitating global mediations in coverage actions and underlying lawsuits.
Policyholder Representation
Bartolucci Law understands insurance coverage plays a hugely significant role in not only the commercial world, but also in peoples’ everyday lives. Often, companies or individuals are sued in the commercial or tort context, seek defense coverage from their insurers, and are later also sued by their insurers, seeking declarations of no coverage. Policyholders that are already being required to defend themselves in one lawsuit are then faced with having to find an entirely different attorney, well-versed in insurance coverage law, to evaluate and defend the coverage lawsuit. This can be overwhelming.
Issues that can arise include the potential for exposure to a policyholder that exceeds the available limits of insurance, and conflicts of interest between policyholders and their insurers. Liz Bartolucci has significant experience evaluating and litigating insurance-coverage issues and disputes on behalf of policyholders. Her work includes analyzing reservation-of-rights letters issued to policyholders, and determining whether conflicts of interest exist between a policyholder and an insurer, which might entitle the policyholder to its choice of independent counsel. And, if coverage is denied outright, Bartolucci Law will advise policyholders on the propriety of denials, and the appropriate next steps in seeking insurance coverage.
Bartolucci Law’s work for policyholders includes:
- Evaluating conflicts of interest between policyholders and their insurers, and policyholders’ potential rights to demand independent (“Peppers” or “Cumis”) counsel
- Making demands upon insurers to settle underlying litigation
- Pursuing claims and counterclaims for coverage against insurers
Successsful Outcomes
“She provides great insight throughout the post-trial process”
Liz has handled several post trial and appellate matters for my law firm and I highly recommend her.
She is intelligent, diligent and responsive. She provides great insight throughout the post-trial process.
She is hardworking and detail oriented, two great qualities in an attorney. Liz is top notch.
Bartolucci Law:
A Chicago Law Firm Committed to Excellence in Advocacy
Securing the right counsel with the right experience, at critical junctures in the life of a dispute, can be crucial to obtaining the desired outcome. If you would like to arrange a consultation to discuss your trial, appellate, or insurance-coverage needs with Chicago attorney Liz Bartolucci, please contact Bartolucci Law at (708) 885-9658 or email liz@civilappeals.law. We welcome the opportunity to assist you.