Founders needs to act in good faith. Honor your customers contract !!!!!
SHIMANOVSKY & MOSCARDINI, LLP
ATTORNEYS AT LAW
DAVID L. SHIMANOVSKY
FRANK A. MOSCARDINI, JR.
MAE F. HUN
130 S. JEFFERSON STREET, SUITE 350
CHICAGO, ILLINOIS 60661
FAX (312) 466-0823
TELEPHONE (312) 782-2585
May 15, 2018
OF COUNSEL
MARK E. STONE
PAUL MARZANO
KATHLEEN O'KEEFE-RIVERA
ROBIN D. SHAPIRO
Founders Insurance
1111 E. Touhy Ave.
Des Plaines, IL 60018
Re: Insured/ Claimant: John Wicks, Sr.; Claim no. 16-22866
Date of Loss: Jan. 22, 2018
Our File No. 856909
To Whom It May Concern:
Please be advised that Mr. John Wicks, Sr. contacted our office regarding the above-referenced claim. Mr. Wicks states that he has, for nearly six years prior to the loss set forth above, been a customer of Founders Insurance and that he has consistently paid his premium in full, and in a timely manner.
Mr. Wicks' claim was related to the theft of his vehicle that result in physical damage such that his vehicle was deemed a total loss by Founders Insurance. Mr. Wicks' vehicle was stolen on January 22. He states that two men were involved in the theft. When he was outside his vehicle, one of men distracted him, the other one, who gained entry through the passenger door without Mr. Wicks' knowledge, was able to start the car and drive off.
Founders denied Mr. Wicks claim stating that his policy of insurance provided exclusions that permitted it to withhold coverage. Two exclusions in Part III of the policy indicate that there is no coverage for theft if there is no forcible entry into the vehicle, or if the keys are left in the vehicle. In this instance, though the perpetrators did not resort using actual physical violence against Mr. Wicks, they did engage in felonious and deceptive acts in order enter his vehicle against Mr. Wicks' will and without his authorization. Entry into one's personal vehicle or home against one's will, even without physical violence, if done for for felonious purposes, is an act of violence. Moreover, the Mr. Wicks' keys were not in the vehicle's ignition when Mr. Wicks left the vehicle. Nor were the keys in plain sight or otherwise visible outside the confines of the vehicle.
Accordingly, it is demanded that Founders agree to cover Mr. Wicks' loss and pay him (and the vehicle's lienholder) the actual market value of the vehicle.
If Founders does not respond to this letter within the next ten (10) days, I will presume that it has no intention of reversing it decision and I will advise Mr. Wicks of his legal remedies against Founders.
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May 15, 2018
Your response to this letter should be directed to the undersigned. Your prompt cooperation is appreciated.
Sincerely,
/s/ Jerome Lubelchek read more