Insurance company accuses local lawyers, law firms of malpractice

By Carol Ostrow | Feb 5, 2015

A national insurance company with offices in the Chicago area is suing its own attorneys and another legal firm, claiming they failed to provide adequate representation.

Century-National Insurance Co. filed suit Jan. 22 in Cook County Circuit Court against Daniel G. Suber, Daniel G. Suber & Associates, Lee Schoen and Schoen, Mangan & Smith.

According to the complaint, Century engaged Suber to represent Dagoberto Gonzalez and Jose Gonzalez (deceased) with G & G Cement Contractors in Blue Island in a lawsuit filed by William T. Andrews in March 2007. Andrews, the suit says, had sustained a head injury in a motor vehicle accident and was in a coma for more than a week, incurring more than $178,000 in medical expenses.

Century claims Suber presented a $300,000 offer to Andrews’ counsel, but it was rejected and the case went to trial, where a more than $3 million judgment was entered in favor of Andrews and against G & G Contractors in January 2013.

On April 26, 2014, the suit says, Century paid Andrews the $300,000 policy, plus interest, and on July 17, Andrews filed a complaint against Century and Dagoberto Gonzalez for bad faith. Century says it settled with a $1.25 million payment.

Century alleges Suber knew the amount of coverage was $300,000 and did not convey Andrews’ policy limits to them or G & G. The plaintiff maintains Suber breached his professional responsibilities in failing to advise it of Andrews’ settlement demand.

Century is represented by attorney Elliot R. Schiff of Schiff Gorman in Chicago.

Cook County Circuit Court case number: 2015L000703.

This is a report on a civil lawsuit filed in Cook County Circuit Court. 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 represents only one side of the story.

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