Rick L. Hammond, CLU
Johnson & Bell, Ltd.
33 West Monroe Street
Suite 2700
Chicago, IL 60603-5404
Tel. (312) 984-3425
Fax (312) 372-9818
E-mail: hammondr@jbltd.com
www.insurancefraudlaw.com
www.johnsonandbell.com

 

Professional Experience

Law Firm of Johnson & Bell, Ltd., Equity Shareholder. Concentrates on insurance coverage and first and third-party insurance defense litigation matters, and in the trial and litigation of insurance fraud cases.

The Insurance Committee for Arson Control, Executive Director of the national trade association which represents more than 2,000 insurance carriers on issues relating to arson. (1985-1988).

Illinois Department of Insurance, Regulatory and Administrative Manager of the Chicago Office (1980-1985).

Equitable Life Insurance Society of the U.S., Insurance Agent, (1978-1980).

Allstate Insurance Company, Claims adjuster and supervisor (1975-1978).

Education: Degrees/Professional Designations

The John Marshall Law School, Juris Doctorate - 1988

The American College, Chartered Life Underwriter - 1980

Southern Illinois University, Bachelor of Arts - 1975

State Bar Admissions

State of Illinois - May 1988

State of Indiana - April 1996

Board of Committee Appointments

The Insurance Committee for Arson Control, Legal Counsel, 1998 - Present

Illinois Association of Defense Trial Counsel, Board of Directors and Editorial Staff 1997 - Present

The Insurance School of Chicago, Board of Directors and Faculty, 1989 - Present

National Arson Awareness Week Committee, Chairman, 1994 - 1995

The National Arson Forum, Co-Founder and Member: 1986 - Present

American Bar Association - Tort and Insurance Practice Section

  • Vice-Chair, Self Insurance and Risk Managers Committee, 1993 - 1994
  • Vice-Chair, Property Insurance Law Committee, 1994 - Present

Illinois State Bar Association, Chairman, Insurance Law Section Council, 1993 - 1994

Chicago Bar Association, Member, Insurance Law Committee, 1993 - Present

Federation of Defense and Corporate Counsel, Member, 2001 - Present

National Wildland/Urban Fire Protection Committee, Member, 1987 - 1988

Authored Publications

Avoiding the Pitfalls of Insurance Fraud Investigation and Litigation, Copyright, 1998.

State Insurance Regulation, Assistant Editor, Published by the American Institute for Chartered Property Casualty Underwriters, Copyright, 1995.

Avoiding the Legal Pitfalls of Insurance Fraud Claims Handling, Copyright, 1994.

Featured Columns

IDC Quarterly - "Property Insurance" (Published by the Illinois Assoc. of Defense Counsel)

  • "The Right of Subrogation by an Insurer Against its Insured and the Impact of Recent Legislation." Fourth Quarter, 1993.

  • "Public Adjusters: Loss Payees or Assignees" An Analysis of Their Right to Recover Bad Faith Damages Against an Insurer." First Quarter, 1994.

  • "Examination Under Oath: Not Just Another Deposition: An Analysis of an Insurer's Right to Examine Its Insured Under Oath." Second Quarter, 1994.

  • "Misrepresentations and Concealments in the Application for Insurance: An Analysis of the Insurer's Right to Rescind Coverage." Third Quarter, 1994.

  • "Fraud and False Swearing: An Analysis of the Insurer's Right to Avoid Coverage." Fourth Quarter, 1994.

  • "A Procedural Overview of the Appraisal Process in First-Party Property Policies." First Quarter, 1995.

  • "Underlying Company Claim Files: Are They Discoverable?" Third Quarter, 1995.

  • "Insurance Company Claim Files: Are They Discoverable?" Fourth Quarter, 1995.

  • "Diminution in Market Value of Repaired Vehicles: An Analysis of Property Coverages Under the Personal Auto Policy." First Quarter, 1996

  • "Waiving the Right to Demand Proof of Loss." Third Quarter, 1996.

  • "Estoppel of the Right to Demand Proof of Loss." Fourth Quarter, 1996.

  • "Insurance Fraud Reporting and Immunity Laws - Limitations on the Disclosure of Information." Second Quarter, 1997.

  • "Comparative Bad Faith (Coming Soon to a Courthouse Near You)." Fourth Quarter, 1997.

SIU Awareness - "Law Update" (Published by the International Association of Special Investigation Units)

  • "Discoverability of Insurance Company Claim Files" - June 1995.
  • "No Blanket Rule Protecting the Discovery of Attorney's Investigative Reports" - September 1995.
  • "Insurance Fraud Ring Investigations: Ripe Area for Defamation Suits" - December 1995.
  • "Kansas Court of Appeals Finds Waiver of Right to Assert Counterclaim of Fraud Against Insured" - March 1996.
  • "State Reporting Law Does Not Make Insurance Investigators 'Agents' of the State" - June 1996.
  • "Pennsylvania Court Orders Deposition of Insurer's Attorney - Claim of Attorney-Client and Work-Product Privileges Denied" - September 1996.
  • "Recission Based Upon Fraud in the Application of Insurance"
  • "Innocent Coinsured Doctrine 'Still an Unsettled Area of Law'"
  • "Recission Based Upon Fraud in the Application of Insurance"
  • "Insured's Initial Lie Followed by a Confession of Truth is an Insufficient Basis for Denial by Insurer"
  • "Insurer's Conduct After a Claim is Denied Leads to Charges of Bad Faith"
  • "Supplemental Claims Disputes"
  • Long Investigations Do Not Equate (Necessarily) to Bad Faith Delay
  • Kansas Court of Appeals Finds Waiver of Right to Assert Counterclaim of Fraud Against Insurer
  • "The Florida Court of Appeals Analyzes Daubert"
  • "Illinois Supreme Court Broadens the Scope for Extra-Contractual Suits Against Insurers" - December 1996.
  • "Louisiana Appellate Court Limits Insurer's Rights to Demand an Independent Medical Exam and Criticizes Insurer's Physician" - March 1997.
  • "Court Finds Multiple Recorded Statements of an Insured Do Not Substitute for an EUO" - June 1997.
  • "California Appellate Court Refuses Insurer's Request to Consider the Application of Comparative Bad Faith" - September 1997.
  • "Indiana Appellate Court Applies Innocent Coinsured Doctrine to Corporations" - December 1997.
  • "Court Denies Insureds' Demand for a Confidentiality Agreement as a Condition Precedent to an EUO" - March 1998.
  • "Son With Insured's Power of Attorney" - December 1999.
  • Insured's Failure to Disclose his Ownership of Home in Bankruptcy Petition causes Estoppel of his Right to Obtain Coverage for Fire Loss.
  • Opinion of Fire Origin and Cause Expert Stricken "Fire Labeled as 'Suspicious' is Inconsistent with NFPA 921 Principles."
  • State Supreme Court Rules that Insurer is Not Required to Prove "Motive" in an "Intentional Acts" (Arson) Coverage Defense
  • Is There a Statute of Limitations on Bad Faith? "Or Does the Policy of Insurance Control?"
  • Rescission Based Upon Fraud in the Application of Insurance: Not Appropriate if Injured Third-Party Exists
  • Insured Admits Fraud in the Presentment of his Claim: Insurer Still Owes Duty to Third-Party.
  • Payment of Claim Doesn't Equate to Waiver of a Fraud Defense: "Rights Were Properly Reserved."

Target Arson: Update - "Law Update" (Published by the Insurance Committee for Arson Control)

  • "Industry Suggest a Multifaceted Blanket to Smother the Arson Fire" - Summer 1990.
  • "Examination Under Oath: An Effective Tool to Wield on Arson-For Profit Claims" - Fall, 1990.
  • "Issue of Privileged Communications Between a Primary and Excess Insurer" - Spring, 1994.
  • "Right of Insureds to Refuse to Answer Questions During an Exam Under Oath" - Summer 1994.
  • "Michigan Supreme Court Voids Coinsured Arson Clause" -Winter 1994-95.
  • "Discoverability of Insurance Company Claims Files" - Summer 1995.
  • "Effect pf Recission on an Innocent Coinsured: To Pay or Not to Pay" -Winter 1995/96.
  • "An Insurer has Standing to Sue a Chiropractor under the Consumer Protection Act."
  • "'Under' Investigating or "Over" Investigating a Claim, No Matter How You Look at It, Both Equal Bad Faith."
  • "Son With Insured's Power of Attorney is Not Obligated to Submit to an Examination Under Oath."
  • "A Procedural Overview of the Appraisal Process in First-Party Property Policies."

    Featured Articles

    Professional Agent (Published by the National Association of Professional Insurance Agents)

    • "Putting Out the Fire Before It Starts," July 1987.

    In House (Published by the International Association of Professional Insurance Agents)

    • "Illinois Takes Stand Against Insurance Fraud," June 1993.

    Fire and Arson Investigator (Published by the International Association of Arson Investigators)

    • "Examination Under Oath: An Effective Tool to Wield on Arson-For-Profit Insurance Claims," March 1991.
    • "Misrepresentations and Concealments in the Application for Insurance: An Analysis of the Insurer's Right to Rescind Coverage," March 1995.

Society of Professional Insurance Investigators

    • "Fraud and False Swearing: An Analysis of the Insurer's Right to Avoid Coverage," June 1995.
      National Presentations

      Aetna Life & Casualty

      National Arson/Fraud Seminar & Teleconference Workshop, Hartford, Connecticut - November 1985.

      National Association of Independent Insurers

      Claims Executive Council Workshop, Toronto, Canada - October 1987.

      Conference of Insurance Legislators' 18th Annual Meeting

      "Arson and Fraud, an Update," Nashville, Tennessee - November 1987.

      American Bar Association Annual Meeting

      Tort and Insurance Practice Section, "Making the Business Interruption Loss," San Francisco, California - August 1992.

      Central Illinois Chapter of Chartered Property & Casualty Underwriters

      32nd Annual Insurance All-Industry Day, "The Many Faces of Fraud," Bloomington, Illinois - November 1993.

      Insurance Committee for Arson Control

      • The 5th Annual National Arson Investigation Training Seminar, "It's a Question of Standards," Kansas City, Missouri - April 1994.

      • The 6th Annual National Arson Investigation Training Seminar, "Selection and Training of Experts," Phoenix, Arizona - January 1998.

      • The 9th Annual National Arson Investigation Training Seminar, "Information Sharing," Albuquerque, New Mexico - January 1998.


      Mealey's Insurance Fraud and Bad Faith Conference

      "The Faces of Fraud: New Developments/Trends - Property Insurance" Phoenix, Arizona - Feburuary 1995.

      American Bar Association - National Institute

      "Ethical Dilemmas of Representing a Suspected and/or Confirmed Liar" Orlando, Florida March 1995.

      State Farm Insurance Companies' Programs

      • "Hoosier Management Conference," "Identification and Investigation of Suspect Insurance Claims," Indianapolis, Indiana -May 1995.

      • "SIU National Management Workshop, "Avoiding the Legal Pitfalls of Insurance Fraud Claim Handling" Bloomington, Illinois - April 1996.

      • Speaker at West Central's Fall Special Investigation Unit Meeting, Battendorf, Iowa - September 1999.


      International Association of Special Investigation Units

      The 11th Annual Seminar on Insurance Fraud Investigations, "Testimony Under Fire," Tucson, Arizona - September 1996.

      Insurance Committee for Arson Control

      11th Annual National Arson Investigation Training Seminar, Indianapolis, Indiana October 1999.

      National Insurance Crime Bureau Advanced Academy "Examinations Under Oath"

        - Cleveland May 2000.
        - Las Vegas October 2001.
        - Sacramento May 2001.
        - Atlanta November 2001.


      American Bar Association

      Earth, Wind, Fire and Water: Cutting Edge Issues in Property Insurance Claims Following a Natural or Man-Made Disaster, St. Thomas, U.S. Virgin Islands, April 2001.

      Local Seminar Presentations - Legal

      Illinois State Bar Association Programs:

      • Insurance Policies: A Primer, "Property Damage Insurance" - Chicago and Bloomington, Illinois - March 1991 and March 1992.
      • Update on Significant Insurance Issues for the 1990's, "Insurance Issues Arising from the Chicago Flood," Chicago, Illinois - September 1992.
      • Moderator: "A Primer on Insurance Coverages and Defenses," Illinois State Bar Association's 1994 Annual Meeting, Lake Geneva, Wisconsin - June 1994.
      • 1999 IDC Rookie Seminar: "Effective Investigation and Discovery Plans," Chicago, Illinois - November 1999.
      • Casual Adjusters Association of Chicago Spring Seminar: "Third Party Bad Faith," Chicago, Illinois - March 2001.
      • Address of management of law firms in the new century, including compensation of partners and associates, retention, mergers/acquisitions/spin-offs, and productivity. Illinois Association of Defense Counsel's Annual Meeting and Spring Seminar: May 2001.


      Local Seminar Presentations - Insurance Industry

      Chicago AAA Motor Club Insurance Company

      Chicago Regional Claims Conference, Fall, 1992.

      Country Companies

      Illinois Regional Claims and Management Conference, "Avoiding the Legal Pitfalls of Insurance Fraud Claims Handling," June 1989 and August 1990. Update on Significant Insurance Issues for the Appraisal Process, Country Companies - April 2001.

      Insurance School of Chicago Programs

      • · Insurance Fraud Claims Handling Seminar, Chicago and Schaumburg, Illinois - February 1993.
      • · Insurance Fraud Claims Handling: Workshop Case Study, Chicago and Schaumburg, Illinois - February 1995.

      Safeco Insurance Companies

      Illinois Regional Claims Conference," Insurance Fraud Claims Handling -April 1995.

      State Farm Insurance Company Programs

      • Rosemont Claims Seminar, "Handling Suspicious Claims," Chicago, Illinois - October 1991.
      • Forest Park Service Center - Property Damages Seminar, "Statement Taking," Chicago, Illinois - April 1992.
      • Mid-Metro Claims Seminar "Insurance Fraud Claims Handling," Chicago, Illinois - August 1993.
      • Advanced Special Investigation Unit Fire Claims School II, Bloomington, Illinois, October 1995.
      • Automobile Special Investigation Unit School "Legal Perspective of Insurance Fraud Claims Handling" Bloomington, Illinois - continuous.

      Published Trial Verdicts

      West Publishing
      Savino v. Robertson
      Illinois Appellate Court - 652 N.E.2d 1240

      Illinois Jury Verdict Reporter
      • Gibb v. State Farm - 92L9025 - June 1996
      • Steinys v. State Farm - 91L9312 - July 1995
      • Vachachira v. State Farm - 92L808 - January 1995
      • Wallis v. Country Mutual - 96L46 - December 2000

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