Rosewood Heights Sanitary District sues insurer over lift station loss

A Madison County sanitary district claims it has incurred more than $50,000 in costs in an attempt to replace a damaged building that its insurance company should have covered.

Rosewood Heights Sanitary District filed a lawsuit Sept. 15 in Madison County Circuit Court against St. Paul Fire and Marine Insurance Company, Brad Kreider, Matthew B. Tungett, Burnham and Flower Agency of Illinois and D.R. Sparks Insurance Egisure.

Rosewood Heights claims it had an insurance policy through St. Paul Fire and Marine Insurance Company in effect when one of Rosewood Height's buildings, known as the Ninth Street Lift Station, sustained significant damages on May 12, 2008, due to heavy rains that caused an equipment failure.

Although Rosewood Heights' insurance policy should have covered the damage, St. Paul Fire and Marine Insurance Company refused to pay for the losses, according to the complaint.

St. Paul Fire and Marine Insurance Company denied Rosewood Heights' claim because insurance brokers Bradley Kreider and Matthew B. Tungett -- who sold the policy to Rosewood Heights -- and defendants D.R. Sparks Insurance and Burnham and Flower Agency negligently failed to inspect buildings before insuring them, failed to properly describe a building and failed to properly list the Ninth Street Lift Station on the list of properties to be insured, the suit states.

In its five-count suit, Rosewood Heights seeks a judgment of more than $250,000, plus attorney's fees, costs and other relief the court deems just.

Robert H. Gregory of the Law Office of Robert H. Gregory in East Alton and Merle Bassett of Bassett Law Office in Wood River will be representing it.

Madison County Circuit Court case number: 10-L-961.