State Farm sues McFadden Construction over homeowner's $900k wind damage

Kelly Holleran Apr. 2, 2009, 8:00am

State Farm Fire and Casualty is suing McFadden Construction after it had to pay an O'Fallon homeowner's $900,000 wind damage claim.

State Farm claims it insured Illinois resident George Hall for his home at 161 Regal Court in O'Fallon, according to a suit filed March 31 in St. Clair County Circuit Court.

Hall had purchased the home from McFadden Construction in March 2003, according to the complaint.

On April 3, 2006, the home suffered severe structural damage after a wind event that "caused the south window wall to be pushed inward by the wind, and the entire second story roof, including trusses and second floor ceiling blown off, and portions of the exterior brick," the suit states.

The wind caused damages to the home in excess of $915,000, for which Hall made a claim to State Farm. State Farm paid Hall more than $915,191.24.

However, State Farm claims McFadden should be required to reimburse the money it paid Hall because McFadden failed to properly assemble the house, its south wall, its truss systems, its roof sheeting and its brick fascia.

McFadden also allegedly failed to take necessary precautions for the safety of the premises, allowed a dangerous condition to exist, performed its work in violation of standards and failed to adequately inspect the project, the complaint says.

State Farm says McFadden breached it express warranties.

In the two-count suit, State Farm is seeking a judgment in excess of $915,191.24, plus costs and other relief the court deems appropriate.

Philip T. Carroll of Cozen O'Connor in Chicago will be representing it.

St. Clair County Circuit Court case number: 09-L-160.

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