Jim Best and Fritz Wilson won an appeal before the Illinois Second District Appellate Court, in favor of one of the firm's insurance company clients.05/01/2012
Jim Best and Fritz Wilson won an appeal before the Illinois Second District Appellate Court, in favor of one of the firm's insurance company clients.
The Plaintiff in the case filed a declaratory Judgment action in which the Plaintiff sought a finding that the client owed coverage arising out of an alleged theft of personal and business property from the insured's business, when the business was searched by police and the property confiscated. BVH successfully sought and obtained dismissal based on a governmental action exclusion contained in the client's insurance policy. Jim and Fritz were able to establish that the firm's client was not obliged to make payments for any loss sustained due to a seizure by the police. The Plaintiff appealed the trial court's ruling. On Appeal, the Second District agreed that the Plaintiff's property was seized pursuant to orders of governmental authority within the plain and ordinary meaning of the Plaintiff's insurance policy. The Second District Appellate Court upheld the trial court's decision dismissing the case with prejudice in favor of the firm's client.