Bad Faith Insurance Complaint

BAD FAITH INSURANCE COMPLAINT
(Draft Template – Illinois State Court)

TABLE OF CONTENTS

1. Document Header (Caption & Preliminary Statements)
2. Definitions
3. Parties
4. Jurisdiction and Venue
5. Factual Background

6. Counts
     Count I – Breach of Contract
     Count II – Statutory Bad Faith (215 Ill. Comp. Stat. 5/155)
     Count III – Declaratory Judgment (735 Ill. Comp. Stat. 5/2-701)

7. Prayer for Relief

8. Jury Demand
9. Reservation of Rights
10. Verification (735 Ill. Comp. Stat. 5/1-109)
11. Certificate of Service

1. DOCUMENT HEADER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS
[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.                                     No. __________

[DEFENDANT INSURANCE COMPANY NAME],
  Defendant.

COMPLAINT FOR:
(1) Breach of Contract;
(2) Statutory Bad Faith under 215 Ill. Comp. Stat. 5/155; and
(3) Declaratory Judgment

Plaintiff [PLAINTIFF NAME] (“Plaintiff”) complains of Defendant [INSURER NAME] (“Defendant” or “Insurer”) as follows:

2. DEFINITIONS

For purposes of this Complaint, capitalized terms have the meanings set forth below:

a. “Policy” means Insurance Policy No. [POLICY NO.], issued by Defendant to Plaintiff, effective [POLICY PERIOD].
b. “Covered Loss” means the loss occurring on or about [DATE OF LOSS] involving [NATURE OF LOSS] for which Plaintiff submitted Claim No. [CLAIM NO.].
c. “Claim” means Plaintiff’s demand for benefits under the Policy for the Covered Loss.
d. “Statutory Bad Faith” means vexatious and unreasonable delay or refusal to pay benefits as defined in 215 Ill. Comp. Stat. 5/155.
e. “Policy Benefits” means all sums due under the Policy for the Covered Loss, including but not limited to [enumerate applicable coverages].

3. PARTIES

3.1 Plaintiff is a resident of [COUNTY, STATE] and was, at all relevant times, the named insured under the Policy.

3.2 Defendant is an insurance company organized under the laws of [STATE OF INCORPORATION] with its principal place of business in [STATE], authorized to transact insurance in Illinois and doing business in [COUNTY] County.

4. JURISDICTION AND VENUE

4.1 This Court has subject-matter jurisdiction pursuant to the Illinois Constitution and the Illinois Code of Civil Procedure because the amount in controversy exceeds $50,000 exclusive of interest and costs.

4.2 Venue is proper in this County under 735 Ill. Comp. Stat. 5/2-101 because Defendant does business here and the transaction out of which this cause of action arises occurred here.

4.3 No contractual arbitration clause governs the dispute, and any forum-selection clause designates Illinois state courts as the exclusive forum.

5. FACTUAL BACKGROUND

5.1 On [DATE], Plaintiff purchased the Policy from Defendant in consideration of premiums paid.

5.2 The Policy was in full force and effect at all relevant times.

5.3 On [DATE OF LOSS], Plaintiff sustained the Covered Loss.

5.4 Plaintiff timely notified Defendant, provided all requested documentation, and otherwise complied with all conditions precedent.

5.5 Defendant acknowledged coverage but (a) failed to complete its investigation within a reasonable time, (b) denied and/or under-paid covered portions of the Claim without reasonable cause, and (c) ignored material evidence supporting Plaintiff’s damages.

5.6 As a direct result, Plaintiff suffered unpaid benefits, consequential damages, and was forced to incur attorney’s fees and costs to obtain the benefits owed.

6. COUNTS

Count I – Breach of Contract

6.1 Plaintiff realleges ¶¶ 1 – 5.6.

6.2 The Policy constitutes a valid and enforceable contract.

6.3 Plaintiff performed all material obligations or was excused from performance.

6.4 Defendant breached the Policy by failing to pay the full Policy Benefits for the Covered Loss.

6.5 Plaintiff was damaged in an amount to be proved at trial.

WHEREFORE, Plaintiff requests judgment as set forth in the Prayer for Relief.

Count II – Statutory Bad Faith (215 Ill. Comp. Stat. 5/155)

6.6 Plaintiff realleges ¶¶ 1 – 6.5.

6.7 Defendant’s refusal and delay in paying the Claim was vexatious and unreasonable within the meaning of 215 Ill. Comp. Stat. 5/155.

6.8 Under § 155, Plaintiff is entitled to:
 a. Reasonable attorney’s fees;
 b. Costs; and
 c. Statutory penalties of the greater of (i) 60 % of the amount the Court or jury finds Plaintiff is entitled to recover, or (ii) $60,000.00, or such other statutory maximum as may be amended prior to judgment.

Count III – Declaratory Judgment (735 Ill. Comp. Stat. 5/2-701)

6.9 Plaintiff realleges ¶¶ 1 – 6.8.

6.10 An actual, present, and justiciable controversy exists regarding Defendant’s obligations to pay Policy Benefits.

6.11 Plaintiff seeks a declaration that:
 a. The Policy affords coverage for the Covered Loss; and
 b. Defendant is obligated to pay all Policy Benefits, plus interest.

7. PRAYER FOR RELIEF

Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:

A. Compensatory damages for unpaid Policy Benefits in an amount to be proved at trial;
B. Statutory penalties, attorney’s fees, and costs under 215 Ill. Comp. Stat. 5/155;
C. Punitive damages in an amount to be determined by the trier of fact, pursuant to 735 Ill. Comp. Stat. 5/2-604;
D. Declaratory relief as requested in Count III;
E. Pre- and post-judgment interest as permitted by law;
F. Injunctive relief compelling Defendant to immediately pay all amounts adjudged due; and
G. Such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable as a matter of right.

9. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint as discovery progresses and additional facts become known.

10. VERIFICATION

(735 Ill. Comp. Stat. 5/1-109)

I, [PLAINTIFF OR AUTHORIZED REPRESENTATIVE], under penalty of perjury as provided by law pursuant to 735 Ill. Comp. Stat. 5/1-109, certify that I have read the foregoing Complaint and that the statements set forth herein are true and correct except as to matters stated on information and belief and, as to such matters, I believe same to be true.

Date: ___________         By: _____________________________
                  [NAME & TITLE]

11. CERTIFICATE OF SERVICE

I certify that on [DATE], I caused a true and correct copy of the foregoing Complaint to be served upon all counsel of record via [E-FILING SYSTEM / HAND DELIVERY / FIRST-CLASS MAIL], in accordance with Illinois Supreme Court Rules.

_____________________________
[ATTORNEY NAME], ARDC No. ________
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Plaintiff

END OF TEMPLATE