State Farm sued by Collinsville home owner over hail damage

By Kelly Holleran | Mar 7, 2012

An Illinois woman claims her insurance company refuses to approve an appraisal process that could gain her more money for damages caused to her home during a hail storm.

Susan E. Moss filed a lawsuit March 1 in Madison County Circuit Court against State Farm Fire and Casualty Company.

In her complaint, Moss alleges she had an insurance policy through State Farm that was supposed to cover her home at 217 Fairview Ave. in Collinsville. However, State Farm refused to pay Moss the $11,017.55 that she claims was the total amount of damages caused to her home during a hail storm that struck on April 19, 2011.

"On November 8, 2011, State Farm advised Moss by a letter to her public adjuster, 'We regret that we are unable to agree with you about the extent of the loss on the above referenced claim,'" the suit states.

In an attempt to gain extra money, Moss demanded an appraisal of the damages caused to her home, the complaint says. State Farm, though, refused to participate in the appraisal process, Moss claims.

"On January 16, 2012, State Farm again refused plaintiff's demand for appraisal because State Farm said, 'The issue is one of coverage, not amount of damages,'" the suit states.

Because of State Farm's refusal to participate in the appraisal process, Moss has been unable to repair the damages to her home, according to the complaint.

In her complaint, Moss alleges breach of contract against State Farm.

In her two-count complaint, Moss seeks a court order that requires State Farm to submit to the appraisal process, plus costs and other relief. In the alternative, Moss seeks a judgement of $11,017.55, plus pre-judgment interest and attorney's fees. He also seeks a judgment for the maximum statutory penalty.

Kenneth J. Brennan of Ken Brennan Law in Collinsville will be representing her.

Madison County Circuit Court case number: 12-L-269.

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