YMCA sues insurers claiming mine subsidence coverage mistakenly excluded

Kelly Holleran Oct. 19, 2009, 11:20am

The YMCA of Southwest Illinois has filed suit against four insurance companies after it claims it will be forced to pay more than $350,000 in damages that should have been covered under its policy.

The YMCA claims defendant W.A. Schickedanz Company agreed to procure mine subsidence insurance for the non-profit organization on Dec. 31, 2006.

According to the complaint filed Oct. 9 in St. Clair County Circuit Court, the YMCA received a summary of its insurance coverage, which supposedly included mine subsidence insurance of $350,000 and DIC coverage for major perils such as earthquakes, floods and excessive mine subsidence for $10 million.

However, through some mistake of one of the defending companies, YMCA's mine subsidence coverage was not included in its policy, the suit states.

As a result, the YMCA claims it will be forced to pay more than $350,000 to repair mine subsidence damage caused to its property.

Other defendants named in the suit include Discover Property and Casualty Insurance Company and RSUI Indemnity Company, which write insurance policies for property in St. Clair County, and Essex Insurance Company, which issued the YMCA's policy.

In the four-count suit, the YMCA is asking the court to force the insurance companies to pay any bills the YMCA incurs in relation to the mine subsidence damages.

It will be represented by Robert G. Wuller, Jr. of Neville, Richards and Wuller in Belleville.

St. Clair County Circuit Court case number: 09-L-542.

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