A suit over insurance payouts related to a Maryville fire is set for trial Monday according to the Madison County Circuit Court docket.

Maryville company TMEG, Inc. is suing its insurance company, claiming the company failed to pay the full amount of its policy after the business restored its damaged property.

Pre-trial motions were continued to Monday by agreement of both parties at 9 a.m. According to the docket, the trial is also scheduled to begin that day.

Madison County Circuit Judge Daniel Stack will preside.
The suit was brought in 2007.

According to its complaint, TMEG's Maryville location was damaged by fire Nov. 11, 2004. At the time, TMEG was insured by the Illinois Casualty Company. The plaintiff claims the policy was in full force at the time of the fire.

TMEG eventually paid $400,000 to restore the property.

In May 2005, Illinois Casualty paid out $360,678.21 according to the suit.

Following the end of the restoration work, TMEG claims it submitted a supplemental claim for $80,626.31. That amount has not been paid by the insurance company, TMEG alleges.

The suit claims the insurer breached its contract with TMEG in failing to pay out the roughly $80,000.

TMEG is seeking that amount plus pre-judgment interest and costs in its suit.

Illinois Casualty denies that the sum is the remaining balance it owes and that the plaintiff brought the suit after the statute of limitations allowing it had expired.

TMEG is represented by David Antognoli according to court documents. Illinois Casualty is represented by John P. Cunningham of Brown and James P.C.

The case is Madison case number 07-L-741.

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