Kathryn & James Dickinson v. Lincoln Benefit Life, Four Flags Motors Inc.

Steve Gonzalez Sep. 13, 2004, 10:26am

A Wood River couple who led a 2001 class action will seek a continuance on their motion to compel discovery from an Edwardsville car dealership and an auto insurer on Friday in front of Judge Stack.

Kathryn and James Dickinson brought this suit claiming breach of contract by Lincoln Benefit Life and Four Flags Motors.

The Dickinsons claim they purchased a Lincoln optional insurance policy at the time they purchased a vehicle from Four Flags in Edwardsville in December 1991. They say they signed a form contract for optional insurance, and were charged a premium greater than the amount the auto dealer paid to Lincoln.

According to the Dickinsons, standard contracts, including the one they signed, explicitly stated that the dealer would not receive any payment for optional insurance. Their complaint says the form contracts referred to charges for optional insurance as “other charges: to insurance companies."

The Dickinsons, representing the class of consumers who signed optional-insurance contracts, contend that Lincoln breached the contract by allowing the overcharges.

Neither sides' attorneys from returned calls seeking comment.

01 L 1837

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