Couple claims insurer should pay claim filed against them

Kelly Holleran Nov. 6, 2008, 5:00am

Gerard and Patricia Schuetzenhofer have filed suit against Mark E. Wojick, alleging they were wrongly denied insurance coverage after a woman made a claim for damages following an incident at an apartment complex the Schuetzenhofers own.

The Schuetzenhofers allege they filed Barbara McGee's claim in 2005, after a July 5, 2004, incident.

The couple had purchased insurance through Shelter Insurance Company on Feb. 2, 2004, and Wojick served as their agent, according to the complaint filed Oct. 31 in Madison County Circuit Court.

But Shelter Insurance denied the Schuetzenhofers' claim, "alleging that the notice of the claim to the company was late, and they did not receive notice of the claim until mid-2006," the suit states.

The Schuetzenhofers claim McGee was awarded damages and they have been required to pay them because their insurance did not cover it.

Wojick had a duty of reasonable care in handling insurance matters for the Schuetzenhofers, but failed to perform that duty because he failed to relay the notice of the claim to Shelter, failed to follow up on the information and failed to contact the Schuetzenhofers or Shelter regarding information he received, the couple claims.

The Schuetzenhofers are seeking an amount commensurate with the damages they sustained, including costs.

James E. Gorman of Lucco, Brown, Threlkeld and Dawson in Edwardsville will be representing them.

Madison County Circuit Court case number: 08-L-1031.

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