Cole
A class action filed earlier this year against Esurance Services Inc. has left Madison County for federal court.
The case filed by plaintiff Lukus Keeling was removed Oct. 22 to U.S. District Court for the Southern District of Illinois.
Keeling filed suit asking to lead a class of people who purchased under-insured automobile insurance policies from the company.
Keeling claims the coverage provided by the polices did not meet the minimum limits set down under Illinois law and that the coverage was no good as a result.
Keeling's proposed class action includes claims under the state's consumer fraud laws, misrepresentation and fraud.
Esurance asked to remove the case to federal court under the 2005 Class Action Fairness Act (CAFA).
The company claims there is a diversity of citizenship issue, the amount in controversy exceeds $5 million and that the class would include more than 100 people.
According to the removal filing, the class could include more than 52,000 insurance purchasers.
E. Ryan Bradley and James Rosemergy represent Keeling.
Clark Cole and Lisa Wood represent Esurance.
The case had been assigned to Madison County Circuit Judge David Hylla.
The case is Madison case number 10-L-936.