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COOK COUNTY RECORD

Friday, May 3, 2024

Brookfield Properties says Andy Frain, insurers reneging on duties to help defend vs lawsuits over S. Carolina mall shootings

State Court
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Thomas Costello | Best Vanderlaan & Harrington

Commercial real estate giant Brookfield Properties has filed a lawsuit against security services provider Andy Frain Services and two insurers. The suit claims the defendants have failed to fulfill their obligations to assist Brookfield Properties in defending against multiple lawsuits stemming from a mass shooting incident at a South Carolina mall in 2022.

The lawsuit was filed in Cook County Circuit Court, along with co-plaintiff, Brookfield affiliated Columbiana Centre LLC. The plaintiffs are represented by attorney Thomas J. Costello and others from the law firm Best, Vanderlaan & Harrington, of Chicago.

In addition to Andy Frain, other defendants named in the suit include West Congress Insurance Services LLC and Clear Blue Insurance Company.

 The plaintiffs allege that these defendants have not honored their commitments under a Security Agreement and related insurance policies to provide defense and indemnity for Brookfield Properties and Columbiana Centre.

According to the lawsuits, multiple victims of the 2022 shooting at the Columbiana Centre shopping mall in South Carolina filed suit against Brookfield, claiming the shopping center operator didn't do enough to keep them safe. According to Brookfield's complaint, those lawsuits center on security services provided by Andy Frain, which is insured by the two insurers.

The lawsuit is seeking declaratory judgment regarding the defendants' responsibilities under the agreement and insurance policies. 

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