Mudge
A hearing will be held at 9 a.m. on Friday in Madison County Circuit Judge William Mudge's courtroom in a lawsuit involving Collinsville homeowners who claim their property is prone to flooding.
Plaintiffs Donald and Vickie Wilson are suing Abstracts & Titles as well as Donald and Peggy Shank and Terry Allan, owner of Allan Auction Service, for damages in excess of $60,000 and other relief.
A continuance of a previously scheduled hearing was requested by defendant Abstracts & Titles, Inc., upon no objection by the plaintiffs, according to a motion filed Nov. 17.
Edwardsville attorney David Faherenkamp entered his appearance for Abstracts & Titles last month.
Faherenkamp argues that the claims against his clients are insufficient and fail to state a cause of action upon which relief may be granted.
On a breach of contract count, Faherenkamp stated, "The Defendant is not in the business of home warranties and has no contractual obligation to insure against flooding of property."
"Since a title commitment is simply a promise to insure a particular state of title and gives notice of the limitations to the risk that the insurer is willing to insure, there is no cause of action against the Defendant, Abstracts & Titles, Inc., for defects in the property itself," he wrote.
The Wilsons allege they were deceived and not informed about water damages and flood risks at the property they purchased from the Shanks via auction in Collinsville.
In their suit filed last year, the Wilsons allege that they have lost out on substantial rent moneys due to the alleged deception.
Alicia Downs represents the plaintiffs.
William Berry represents the Shanks.
H. Carle Runge represents Allan.
Madison County case number 10-L-033.