On November 14, 2025, after a weeklong trial, Foran Glennon shareholder John Eggum and associate Maya Salinas achieved a complete defense verdict in a lawsuit brought by a large townhome association against a specialty insurer that issued a $36 million property policy to the association, for its property in Montgomery, Illinois, near Aurora. Trial was held in federal court in downtown Chicago, in the United States District Court for the Northern District of Illinois.
Case Background
The firm’s insurer client issued a property insurance policy to the condominium association, effective September 26, 2022 to September 26, 2023. The association claimed an April 4, 2023 hailstorm caused significant damage to the roofing systems of all 31 buildings, requiring complete removal and replacement of roofs and associated components, with an actual cash value estimate totaling over $3 million. It was forced to drop that figure by nearly a million between the time the claim was made and the time of trial. Also at issue was the fact that damage occurred from an April 14-15, 2025 windstorm, which the association never disclosed to the insurer.
The insurer, via an independent engineer, determined no hail damage occurred to the 20-year-old-roofs. The roofs were simply in horrendous condition due to wear and tear, deterioration, and lack of maintenance; none of which was covered or insured. Hail had occurred – the insurer acknowledged limited damage to soft metals – but the hail was not damaging hail as to the shingles themselves, which are more resistant to damage, compared to soft metals like roof vents.
Complicating the claim was the insured’s decision to purchase a policy with an $860,000 deductible. At trial, the insurer asserted this motivated an inflation to the claim amount. Additionally, prior to the loss, the association had insufficient reserves for known, needed exteriors work, like roofing and siding. The insurer also argued at trial that this motivated pursuit of the claim.
The associated hired an engineer with significant testifying experience to support its claim, while the insurer’s engineer, notwithstanding prior participation in thousands of claim investigations, had never testified at a trial. Notwithstanding this, following presentation of the evidence, the jury deliberated for less than one hour and reached a unanimous verdict rejecting the association’s claims in their entirety. The jury’s finding that nothing was owed confirmed the insurance company’s coverage determination was accurate and correct.
John litigates property insurance claims (including builder’s risk and energy claims) around the country, including in lawsuits where bad faith and claim handling disputes are at issue. In jury trials, bench decisions and other aspects of property litigation, he has established a strong track record of success for insurers facing significant contractual and extracontractual exposure. Additionally, he is a frequent speaker at insurance industry events, including on topics of, property loss causation, delay-in-startup measurement in the builder’s risk context, appraisal and claim handling practices. He’s been recognized by various organizations for his work and leadership in the legal and insurance industries, including by The American Lawyer, which named him a Midwest Trailblazer, the Illinois Association of Defense Trial Counsel, the Chicago Daily Law Bulletin and Chicago Lawyer, Super Lawyers and Leading Lawyers.
Maya concentrates her practice on general commercial litigation, representing clients in complex product liability and commercial cases, as well as arbitration proceedings.