Madison - St. Clair Record

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Highland couple alleges insurance providers breached contract

By Michael Abella | Sep 7, 2016

EDWARDSVILLE — A Highland couple is suing insurance companies, alleging lack of coverage after an automobile accident. 

Lynn Billhartz and Mark Billhartz filed a lawsuit Aug. 23 in Madison County Circuit Court against Erie Insurance, Willis Insurance Group LLC and JW Insurance Group LLC, alleging failure to to comply with the umbrella insurance policy.

According to the complaint, on Jan. 25, 2014, Lynn Billhartz suffered injuries due to an automobile accident caused by Sharon O'Toole, an under-insured motorist. The suit says the plaintiffs repeatedly demanded payments of benefits from the defendants, but were unsuccessful. 

The plaintiffs allege the defendants failed to and continues to refuse to comply with the policy of their fiduciary duty even thought the plaintiffs have paid all their premiums.

The Billhartzes seek trial by jury, judgment of up to $1 million, plus pre-judgment interest and all other relief the court deems appropriate. They are represented by attorney Andrew G. Toennies of Lashly & Baer PC in St. Louis.

Madison County Circuit Court case number 16-L-1190

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