A couple who sued State Farm for failing to cover a stolen vehicle and was later accused of lying about the stolen vehicle is denying the allegations and claiming the counter-defendant’s false statements should not affect the plaintiff’s claim.
Kelneshia S. Nelson filed her Jan. 22 lawsuit against State Farm Mutual Automobile Insurance Company, claiming her vehicle was stolen on May 26, 2014.
In her complaint, Nelson claims the alleged thief caused a collision with her vehicle at the intersection of State Route 161 and Dutch Hollow Road in Belleville.
At the time of the incident, Nelson had an insurance policy with State Farm Mutual Automobile Insurance Company. She made a claim against the policy for damages incurred but the company refused to reimburse, the suit states.
Nelson seeks a judgment of more than $100,000, plus costs and attorney fees.
State Farm filed a counterclaim against Nelson and Eldlondro Aldridge, who reside together in Belleville.
The insurance company argues that an investigation revealed that the 2012 Dodge Charger was never stolen. Instead, Nelson allowed Aldridge to operate the vehicle at the time of the accident. As a result, the two made false statements to State Farm “with the intent to conceal or misrepresent material facts or circumstances in connection with their claim,” the counterclaim states.
Nelson and Aldridge filed a motion to dismiss or strike the counterclaim and third party complaint on May 20, claiming Aldridge is not a policy holder and his false statements, if any, would not defeat coverage for the collision.
“The claim that the alleged fraud of Eldlondro Aldridge is a defense to insurance coverage for Kelnesha Nelson should be stricken and not restated in any amended counterclaim against Kelnesha Nelson. Eldlondro Aldridge was not a policy holder,” the motion states.
John L. Bitzer of Collinsville represents Nelson and Aldridge. They demand a jury trial.
Domininque N. Seymoure of Reed, Armstrong, Mudge & Morrissey in Edwardsville represents State Farm.
Madison County Circuit Court case number 15-L-83