Property owner says State Farm underpaid mine subsidence claim

Kelly Holleran Aug. 17, 2010, 6:00am

Despite paying increasing insurance premiums for 21 years, a woman claims her insurance company wants to pay her the lowest limit of coverage for damages caused to her home.

Nancy Donovan and The Nancy Donovan Declaration of Trust filed a lawsuit July 22 in St. Clair County Circuit Court against State Farm Fire and Casualty Company.

The plaintiffs claim State Farm wants to pay Donovan only $100,000 for mine subsidence damages she incurred to her property at 7420 Claymont Court, Apt. 3 in Belleville.

The sum "is a substantially low amount compared to the amount of damage to the dwelling, what Plaintiff was fraudulently induced to believe she was entitled to, and what Defendant unlawfully collected from Plaintiff when Plaintiff was not receiving any additional insurance in return," the suit states.

State Farm allegedly failed to inform Donovan that her coverage limits for mine subsidence damages did not increase while the damage occurred, so under her misconception, she continued to pay increasing premiums to the insurance company.

Because of State Farm's alleged failure to inform Donovan of her stagnant coverage limits, Donovan incurred repair costs and a diminished property value, according to the complaint.

In her suit, Donovan alleges breach of contract, violation of the Illinois Consumer Fraud Act, common law fraud, negligence, unjust enrichment, conversion and insurer misconduct against State Farm.

The seven-count complaint also seeks punitive damages, plus attorneys' fees, costs, interest and other relief the court deems just.

Alvin C. Paulson of Belleville will be representing her.

St. Clair County Circuit Court case number: 10-L-377.

More News