Contractors sue insurance broker over alleged failure to secure policy

Two Madison County residents have filed suit against their insurance broker, saying it did not provide them with proper coverage, leaving them alone to face a lawsuit for defense costs.

Terry and Tad Thiems claim they had asked their insurance broker, defendant Welsch, Flatness and Lutz, to provide them with insurance coverage after they entered into a contract with Roxanna Landfill. The Thiemses were contractors who had entered into an agreement for contracting services with the landfill in December 2008.

As part of their agreement with Roxanna, the Thiemses promised to secure insurance coverage of at least $1 million per occurrence for bodily injuries and property damages of at least $3 million, according to the complaint filed May 6 in Madison County Circuit Court.

Although the Thiemses informed their insurance broker of the insurance requirements, Welsch, Flatness and Lutz allegedly failed to list Roxanna Landfill as an insured on a policy through United Fire and Casualty Company, the suit states.

A lawsuit was filed against Roxanna Landfill and the Thiemses in 2009. In the complaint, James C. Fowler accused Roxanna Landfill of performing grading work on his property that altered the natural flow of drainage across his property.

Since then, Roxanna has filed a counter-claim against the Thiemses, asking them to pay for defense costs incurred in Fowler’s complaint against them, the complaint says.

The Thiemses say they have incurred damages because of their insurance broker’s failure to secure proper coverage for them.

In addition to Welsch, Flatness and Lutz, the Thiemses name the broker’s successor, USI Insurance Services Corp. of Illinois, as a defendant.

In their complaint, the Thiems seek a judgment of more than $150,000, plus costs and other relief the court deems just.

Anthony R. Garavalia of Flynn, Guymon and Garavalia in Belleville will be representing them.

Madison County Circuit Court case number: 13-L-704.