Closing Argument

A trial lawyer's commentary on his practice, developments in the law, and occasionally, life in general.

Name:

I hope you enjoy my blog. I am a trial attorney with offices at 100 West Monroe, Suite 1900, Chicago, Illinois. A large portion of my practice involves the representation of persons who have been injured due to auto accidents, work accidents or medical malpractice. In addition, I also also represent a select number of clients with business, commercial or employment disputes. If you wish to talk to me about a case, please contact me at my office, 312/346-3715 or email me at markploftus@aol.com

Tuesday, July 20, 2004

STATE FARM TAKES ON ON THE CHIN

State Farm Insurance company recently took it on the chin in the Circuit Court of Cook County, Illinois.  Earlier this year, Mr. Thomas Kelm sued State Farm Insurance for denying his claim on a totaled car.  After prevailing on that claim, Kelm sued for nearly $60,000 in attorney fees against State Farm for allegedly denying the existence of his claim.  On June 14, 2004, Judge Susan McDunn awarded $45,000 in attorney fees to Kelm as well as costs of approximately $1,600.  The court had already awared Kelm a $26,700 verdict, $6,600 in statutory penalties and $4,500 in prejudgment interest.  Wow.  Maybe Insurance companies should acknowledge that every now and then they get legitimate claims.  But why do that when they can drag things out for years on a simple property damage claim?

For some other interesting thoughts on big insurance companies, take a look at Allstatesucks.com.

A READER RESPONDS

Suprise, suprise.  It appears that someone besides myself actually reads this blog on occasion.  Got a pretty impassioned email from a reader regarding the story about the accused Brown's Chicken killer suing the jail guard who allegedly punched him.  In that particular post, I took some shots at the alleged killer for having the audacity to file the claim as well as some shots at any lawyer who presumably would take on that case.  And the reader pointed out my hypocrisy.  As a trial lawyer, I shouldn't prejudge a case or client based on extraneous facts.  And he is absolutely right.  That being said, this guy will still have a very tough time getting anyone to feel sorry for his broken jaw.  The trial, if it ever goes that far will get an unusual amount of coverage and jurors sometimes know more than they let on.  But this guy, like everybody else deserves his day in court.  So on the one hand it's nice to know somebody else actually reads this stuff...even if they end up calling me pompous.

 

8 Comments:

Anonymous Anonymous said...

No, you are not the only one who reads this blog. I just found you through the letters-to-the-editor section from overlawyered.com. I like your posts so far (though giving due ick factor to the bored judge story below). I'll come back...

"diogenes"

August 2, 2004 at 6:57 PM  
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