Madison - St. Clair Record

Tuesday, September 17, 2019

Realtor alleges Diamond State Insurance committed breach of contract

By Molly English-Bowers | Dec 18, 2015

A St. Clair County real estate broker is suing an insurance company, alleging breach of contract in an insurance dispute.

Geraldine A. Davidson filed a lawsuit on Nov. 25 in St. Clair Circuit Court against Diamond State Insurance Company.

According to the complaint, at all relevant times, Davidson, a licensed real estate broker, was insured by Diamond State under a real estate errors and omissions insurance policy with liability limits up to $1 million. 

On Aug. 17, 2006, the plaintiff was sued for alleged wrongdoing. She reported the suit to the defendant because there were allegations against her that related to her conduct as a real estate agent, the suit says.

Diamond Insurance defended the plaintiff under two counts of the complaint but refused to defend a third count. Davidson alleges the defendant's action was a breach of the policy, the suit says, and contrary to the complete defense rule of Illinois insurance law.

Because the defendant refused to defend Davidson, the suit alleges, she was required to hire her own counsel at significant expense.

Davidson seeks between $50,000 and $75,000, plus court costs, interest, possible bad faith damages and attorney fees. She is represented by attorney Michael S. Williams of Belleville.

St. Clair County Circuit Court case number 15-L-675

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