CIM Insurance of Southfield, Mich. will be in court April 15 to argue its motion to dismiss a class action complaint in front of Madison County Circuit Judge Nicholas Byron. Represented by Stephen Mudge of Reed, Armstrong, Gorman, Mudge and Morrissey of Edwardsville, CIM is accused of violating the Illinois Consumer Fraud Act.
Armettia Peach, who has a judgment pending against Granite City in another Madison County court matter, filed a class action complaint against the insurance company in September 2002, over its sale of extended protection plans. The six count suit seeks up to $75,000 per count, per class member.
Peach alleges the insurance company misrepresented that it would receive the full amount paid for an “Extended Protection Plan,” (EPP)when in fact Enterprise Car Sales in Glen Carbon--where she purchased a vehicle--kept some of the money. Enterprise acted as an agent for CIM.
She claims that the protection plan contract was "inherently deceptive" because it falsely leads consumers to believe EPPs are "pass through" charges paid to CIM.
"Listing the cost of the EPP in conjunction with other non-negotiable items (such as licenses and taxes) suggests that charges for EPPs are similar in nature and thus non-negotiable pass through charges," the complaint states.
Peach is represented by Daniel Cohen of The Lakin Law Firm in Wood River.
While Cohen represents Peach in Byron’s third floor courtroom, another attorney from the Lakin firm, Thomas Maag, will be directly across the hall in Circuit Judge Andy Matoesian’s courtroom trying to collect a $100,000 judgment against Granite City for a bad house inspection.
Peach has not yet collected from Granite City because the city has asked Matoesian to stay execution of the judgment he entered last July.
Granite City Attorney Jane Unsell of East Alton will argue that Granite City is immune to complaints since there is a claim of negligence on an inspection.
According to Peach's lawsuit involving Granite City, water leaked through the roof, rotted timbers, weakened walls, ruined insulation and caused mold and mildew in the house.
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Peach's cases in court on April 15
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