BELLEVILLE – A real estate agent is suing her insurance company, alleging refusal to adhere to all provisions of her policy.
Geraldine A. Davidson filed the lawsuit Feb. 1 in St. Clair County Circuit Court against Diamond State Insurance Company, alleging breach of contract.
Davidson, a licensed real estate broker, was insured by Diamond State under a real estate errors and omission insurance policy as of the date of this lawsuit.
On Aug. 17, 2006, the suit says, she was sued for alleged wrongdoing while she was covered under the policy.
The lawsuit says Davidson properly reported the lawsuit to Diamond State because the allegations related to her conduct as a professional. The suit alleges the defendant agreed to defend the plaintiff under all provisions of the contract except for one--her ability to hire her own choice of counsel.
The lawsuit states that because assigned counsel of its choosing, which the plaintiff did not agree to, she has been required to hire her own private counsel and pay for said counsel from her own funds, incurring legal fees and costs which have not been reimbursed by the defendant.
The lawsuit argues Diamond State, under Illinois law, does not have the right to force its own counsel in such a situation. As a result, the plaintiff has suffered monetary damages, the suit says.
Davidson seeks damages, costs and interest between $50,000 and $70,000. She is represented by attorney Michael S. Williams of Belleville.
St. Clair County Circuit Court case number 16-L-59