Motion to dismiss second amended complaint filed in woman's suit over Jaguar insurance

Defendant Tara Burgess on Monday moved to dismiss a plaintiff's second amended complaint in a woman's case against the insurance agent she claims failed to secure an insurance policy for her Jaguar.

Reflaye Y. Williams claims she should have had an insurance policy on her 2004 Jaguar on July 1, 2009 when she was in an accident, which caused her vehicle to become inoperable.

She claims she was forced to go hundreds of days without a vehicle.

Williams claimed defendant Tara Burgess allegedly failed to secure a policy on the vehicle, causing Williams to lose the use of her vehicle for 504 days, according to the complaint filed in Madison County Circuit Court.

Williams met Burgess in an Applebee's parking lot in Shiloh days before the accident to fill out an insurance application with what appeared to be Allstate Indemnity Company, the suit states. During the June 26, 2009, meeting, Williams also paid a $612.50 down payment on the insurance policy, the complaint says.

When Burgess received the cash, she implied coverage began that day, Williams claims.

Williams learned she did not have insurance at the time of her collision, because Burgess allegedly failed to mail the application form until June 29, 2009. In addition, Williams discovered that insurance had not been issued through Allstate, but rather through Illinois Automobile Insurance Plan, the complaint says.

In her three-count suit, Williams is seeking a judgment of more than $50,000, plus attorney's fees, punitive damages and costs.

In the motion to dismiss, Burgess claims Williams' insurance was not effective the date of the accident.

"Plaintiff has filed a one-count Second Amended Complaint alleging negligence, a count that has been dismissed twice. Plaintiff's attorney's actions may now constitute sanctionable conduct insofar as this litigation...was previously settled," according to defense attorney Dean Athans.

John L. Bitzer of Bitzer Law Firm in Collinsville represents her.

Madison County Circuit Court case number: 11-L-640.