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"Hamel attorney Thomas Burkart claims the Illinois State Bar Association Mutual Insurance Company refuses to pay for defense costs he has incurred in a suit filed against him.<br /><br />Burkart, doing business as Burkart Law Offices, filed a lawsuit Oct. 19 in Madison County Circuit Court against the Illinois State Bar Association Mutual Insurance Company and Robert and Elizabeth Wilson.<br /><br />Burkart claims the insurance company is supposed to pay for any costs he incurs in defending himself or his business. So when the Wilsons filed a lawsuit against Burkart, he notified ISBA, according to the complaint.<br /><br />In their lawsuit, the Wilsons claim Burkart helped them to win a $30,000 verdict in their favor. However, the Wilsons say Burkart improperly withdrew part of the proceeds from the Bank of Edwardsville.<br /><br />When Burkart learned of the lawsuit, he immediately notified ISBA, which initially agreed to pay for defense costs, the suit states. However, ISBA later filed a declaratory judgment, asking the court for permission to end its obligation to pay the defense costs, the complaint says.<br /><br />&ldquo;ISBA has no legitimate basis upon which to refuse to pay Peppers counsel during the course of cause 12-L-1152, and any attempt by ISBA to obtain a judgment otherwise will cause plaintiff to incur substantial out-of-pocket expense during the course of 12-L-1152,&rdquo; the suit states.<br /><br />In his complaint, Burkart seeks a declaratory judgment that requires the ISBA to defend him and that says the ISBA cannot reject the selection of Burkart&rsquo;s counsel. He also seeks a judgment that any clause within the policy to the contrary violates law and is void.<br /><br />Burkart has already filed a previous lawsuit against ISBA and has obtained a settlement against the company. However, ISBA has failed to honor the terms of the agreement and filed a declaratory judgment in an attempt to evade the settlement, according to the complaint.<br /><br />In his complaint, Burkart seeks a judgment of more than $60,000, plus costs, attorney&rsquo;s fees and other relief the court deems just.<br /><br />He will be representing himself.<br /><br />Burkart was a Republican candidate for Madison County circuit judge in last week's election. He was defeated by the Democratic candidate Kyle Napp.<br /><br /><em>Madison County Circuit Court case number: 12-L-1693.</em>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://madisonrecord.com/stories/510574363-burkart-sues-insurer-over-defense-costs>