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MADISON - ST. CLAIR RECORD

Sunday, April 28, 2024

Insurer sues policy holder's neighbors over tree damage claim

Lawsuits
Treefallen

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BELLEVILLE — USAA Insurance is suing homeowners in St. Clair County after one of the trees on their property caused damage to a neighboring home on two separate occasions. 

USAA Casualty Insurance Company, as subrogee of David Haynes, filed a complaint Nov. 9 in the St. Clair County Circuit Court against Jonathan and Emily Kiefer, alleging negligence. 

According to the complaint, Haynes held an insurance policy with USAA that included coverage for his property located in St. Clair County, which was "in close proximity" to the Kiefer's property. USAA alleges in the suit that on June 28, 2018, a tree from the Kiefer's property "fell and struck the Haynes property." They allege the tree damaged Haynes' "garage and personal property." USAA claims that on one occasion previous to June 28, 2018, portions of the same tree fell on Haynes' property. 

USAA also alleges that it paid Haynes $56,266.97 for the insurance claim Haynes submitted to his insurer regarding the tree damage to his property. 

According to the complaint, Haynes incurred a $2,000 deductible for the claim.  USAA alleges the Kiefers were negligent for failing to take "reasonable precautions" to protect the property damaged from the tree. 

USAA seeks compensation of $58,266.97 and all other just relief. They are represented by Emma Gaddipati of Grotefeld, Hoffman, Gordon, Ochoa & Evinger LLP in Chicago. 

St. Clair County Circuit Court case number 20-L-0888

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