Couple seeks $375K from Armed Forces Insurance claiming $6,500 underpayment

A Belleville couple is suing a roofing company and insurance carrier for allegedly failing to complete repairs on their hail-damaged home. 

Robert McCarty and JoAnne McCarty filed a lawsuit against Armed Forces Insurance, John Beale Inc. and Walter Patterson on Sept. 5 in St. Clair County Circuit Court. 

According to the complaint, the McCartys' home in the 600 block of East C Street in Belleville was damaged by hail in early January. They say the "custom aluminum sunburst adorning the back second story dormer of their home, the roof of their home and the siding of their home" was harmed.

The couple says they notified their insurance carrier of 33 years and filed a loss report. The McCartys say Armed Forces Insurance sent a "loss acknowledgement" and two-page "property proof of loss form" that they allegedly completed and returned to the company Feb. 11, 2013. They say adjuster Walter Peterson as well as an employee of roofing company John Beale Inc. visited the home and confirmed the hail damage. 

On Feb. 19, an Armed Forces Insurance representative emailed a copy of a claim check to the McCartys, according to the complaint. The couple says it has specifically told the company they could only be contacted by phone or mail and not electronically. The actual check in the amount of $7,139 arrived in the McCartys' mailbox Feb. 21.

The couple says it contracted with John Beale Inc. to perform the roofing repairs at the suggestion of the insurance company, however the costs of roofing materials alone totaled $13,598. The estimate did not include the cost of labor or siding that needed to be replaced in order to match the existing structure. The couple says John Beale employees assured them they would work with Armed Forces Insurance to get the remaining costs paid, however the homeowners say that never happened. Instead, the McCartys say Armed Forces Insurance denied requests for any additional payments, so the repairs were never made. 

The McCartys are accusing the defendants of consumer fraud and breach of contract. They also are accusing Patterson of detrimental reliance. They are asking to be awarded more than $375,000 in damages. Attorney Grey Chatham Jr. with Chatham & Baricevic in Swansea represents the couple. They are demanding a jury trial. 

St. Clair County Circuit Court case number: 14-L-620.