Dispute over Caseyville building destroyed in fire results in new litigation

The owner of the building that houses a St. Clair County corporation has filed suit against the owner of the business, saying he failed to properly insure the building when it caught on fire in 2008.

William Cumberland II claims he agreed to lease to defendants American Floor Design and William Cumberland III property at 600 South Main St. in Caseyville.

In turn, William Cumberland III was supposed to pay the note on the property, insure the property, name William Cumberland II as an additional insured on the property, pay real estate taxes on the property and ensure the property was properly maintained, according to the complaint filed May 21 in St. Clair County Circuit Court.

In 2008, a fire erupted on the premises, destroying it, the suit states. In turn, the defendants were involved in lengthy litigation with another party that resulted in a settlement, the complaint says.

Following the litigation and the fire, William Cumberland II discovered that the defendants failed to make required payments and failed to secure the proper insurance on the property. In turn, he incurred $458,000 worth of damages and lost the use of his property, according to the complaint.

In addition to the money he claims he is owed, William Cumberland II seeks pre- and post-judgment interest, plus costs and other relief the court deems just.

Patrick R. Foley of Williams, Caponi and Foley in Belleville will be representing him.

St. Clair County Circuit Court case number: 13-L-262.