Chicago couple seeks rescission of contract with adjusters over fire claim

An adjustment company is being accused of violating the Illinois Consumer Fraud and Deceptive Practices Act.

Frank Smiley and Bertha Smiley filed suit June 25 in Cook County Circuit Court against Advocate Adjusting Group LLC and Restore Construction Inc.

According to the complaint, the Smileys West Kinzie Street home was damaged by fire on July 15, 2013.

During the incident, the plaintiffs claim they were approached by Advocate Adjusting to represent them in the filing of their insurance claim and suggested they use Restore Construction to perform salvage work at their damaged home.

The plaintiffs contend that after they filed an agreement with Advocate, they learned the business's actions were not approved by the Department of Insurance and were a violation of the Public Adjusting Law and Fire Damage Representation Agreement Act.

The defendants are being sued for rescission of contract, breach of contract and violating the Illinois Consumer Fraud and Deceptive Practices Act.

The Smileys are seeking damages in excess of $50,000, plus costs, and are represented by Chicago attorney Nicholas C. Syregelas.

Cook County Circuit Court Case No. 2014L006763.

This is a report on a civil lawsuit filed at the Cook County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.