North Pointe Insurance sued over under-paid fire claim

Kelly Holleran Nov. 3, 2011, 2:30am

Illinois Realty Group Holdings has filed suit against the insurance company that it claims refuses to pay it adequately for damages sustained to its building following a fire.

The realty group alleges it had taken out an insurance policy through defendant North Pointe Insurance Company to insure its premises at 308 North 69th St. in East St. Louis.

On Sept. 20, a fire broke out at the realty group's building, damaging the property, according to the complaint filed Oct. 7 in St. Clair County Circuit Court.

After the fire, the realty group requested the insurance company reimburse it for its policy limits of $30,000, the suit states. However, North Pointe only agreed to pay the realty group $5,500, the complaint says.

"It is inequitable unjust enrichment for Defendant to charge, and receive payment of, a premium based on $30,000 worth of insurance coverage and then tender payment of only $5,500 on a residential property destroyed and damaged by fire," the suit states.

In its complaint, Illinois Realty Group Holdings is seeking the money it says it is owed, plus 5 percent pre-judgment interest, costs and other relief the court deems just.

Because of North Pointe's refusal to pay Illinois Realty Group Holdings the money it says it is owed, the insurance company should also be assessed a statutory penalty of 60 percent of the sum to be recovered. In addition, Illinois Realty Group seeks attorneys' fees of $10,000, according to the complaint.

William S. Daniel of Daniel Law Offices in East St. Louis will be representing it.

St. Clair County Circuit Court case number: 11-L-570.

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