COUNT II – VEXATIOUS REFUSAL TO PAY

14. The Plaintiffs incorporate by reference each of the allegations

contained in paragraphs 3-13 of Count I.

15. In this Count II, Plaintiffs seek recovery of statutory damages fees

under the Illinois Insurance Code at 215 ILCS 5/155 based on Defendant's

unreasonable and vexatious refusal and delay in paying their claim.

16. Plaintiffs' entitlement to the benefits under the Policy is now and at

all relevant times has been clear and unambiguous.

17. Defendant has refused to pay Plaintiffs' claim without any

reasonable grounds to do so. Defendant has now, and has never had, any

reasonable basis to conclude that Plaintiffs were in any way connected to the

fire loss on March 11, 2008.

18. Defendant's denial of Plaintiffs' claim for benefits under the Policy,

and its delay in payment thereof, are unreasonable and vexatious as defined by

the Illinois Insurance Code.

19. WHEREFORE, plaintiff asks this Court to enter judgment against

defendant for the additional amount of $50,000, plus attorney fees, court

costs, and any other relief deemed just and proper.