Greenville couple sues insurer in Madison County over fire loss

Kelly Holleran Jun. 3, 2009, 9:00am

A Greenville couple has filed suit against Country Mutual Insurance Company, alleging it failed to fully pay the amount of their claim after their home caught on fire.

Jason Durrett and Fayetta Durrett say they obtained a home insurance policy from Country Mutual with an effective date of July 22, 2006, for their home located at 750 Zbiden.

In the policy, Country Mutual agreed to provide coverage for sudden, accidental and direct physical damage to a covered property, according to the complaint filed May 20 in Madison County Circuit Court.

While the Durretts were living in their home, it caught on fire, resulting in direct physical damage, the suit states.

So, the Durretts filed a proof of loss arising from the fire, the complaint says.

However, the Durretts allege Country Mutual partially denied their claim under the policy. The insurance company paid the Durretts only 10 percent of their overhead and profit, but was obligated to pay 20 percent, according to the complaint.

"Defendant breached it duties under the Policy by failing and refusing to pay Plaintiffs for the full loss they incurred arising from the fire, specifically, Defendant failed and refused to pay Plaintiffs $29,386.81, which represents 10% of overhead and profit attributable to the repair or replacement of the Residence Premsises," the suit states.

In the three-count suit, the Durretts are seeking compensatory damages in excess of $58,773.62, plus attorney's fees, costs, pre- and post-judgment interest and other relief the court deems just.

Kenneth J. Brennan and John A. Bruegger of The Kenneth Brennan Firm in Collinsville will be representing them.

Madison County Circuit Court case number: 09-L-543.

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