Parties to meet over stipulations to dismiss breach suit against State Farm

By Amelia Flood | Aug 19, 2010


The parties in a breach of contract suit stemming from an unpaid fire claim will meet Wednesday in a case management conference to discuss stipulations to dismiss the case.

The docket sheet for the suit filed by plaintiff Carl and Stephanie Tinker does not supply further details about the stipulations to dismiss nor does the case file.

The Tinkers are suing State Farm Fire and Casualty company for breach of contract, alleging the insurance company refused to pay their claims after their Granite City home was destroyed in a fire in 2008.

The insurance company has claimed that the Tinkers failed to meet the obligations of their policy and that they misrepresented the facts of the case.

The case management conference is set for Aug. 25 at 9:30 a.m.

In their suit, the Tinkers allege they have suffered more than $100,000 in damages caused by the defendant's refusal to pay the claim.

The notice of the case management conference to discuss the dismissal stipulations comes from an Aug. 11 note in the case's docket.

Madison County Circuit Judge David Hylla, who presides over the case, had been set to hear a pre-trial conference in the suit at the beginning of the month.

A move for summary judgment filed by the plaintiffs is still pending in the case.

The Tinkers are represented by Thomas Schwartz.

State Farm is represented by James DeFranco.

The case is Madison case number 09-L-440.

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