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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Green Trac sues insurer over canceled work comp coverage

A company has filed suit against its former insurance producers, who it claims failed to notify it when its workers’ compensation insurance was canceled.

Green Trac alleges its former workers’ compensation insurance provider, Chartis, mailed a notice of cancellation of insurance to Green Trac’s insurance producers, defendants R.T. Thomas and Company and International Placements Services. However, the defendants failed to notify Green Trac of the discontinued policy, according to the complaint filed Dec. 12 in Madison County Circuit Court.

When one of Green Trac’s employees was injured on Jan. 10, 2012, Green Trac asked Chartis to defend and indemnify it against a workers’ compensation claim the employee filed, the suit states. It was only after this request that Green Trac learned that its policy had been canceled, the complaint says.

“In its denial, Chartis maintained that the policy was canceled effective Jan. 3, 2012,” the suit states.

Because of the insurance company’s denial, Green Trac incurred medical costs in treating its employee, will incur future expenses to pay for its employee’s disability, incurred attorneys’ fees in defending the employee’s claim against it and incurred additional attorneys’ fees in defending a declaratory action that Chartis filed, the complaint says.

It says the defendants negligently breached their obligations to communicate the fact that its policy had been canceled.

In its complaint, Green Trac is seeking a judgment of more than $100,000, plus costs.

Timothy Callahan of Wuestling and James in St. Louis will be representing it.

Madison County Circuit Court case number: 13-L-2092.

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