Madison - St. Clair Record

Thursday, September 19, 2019

Policy owner claims insurers failed to have arbitration proceedings

By Noddy A. Fernandez | Dec 5, 2017

BELLEVILLE — A policy owner is suing two insurance carriers for allegedly failing to carry out arbitration proceedings. 

Timothy Kolb filed a complaint on Nov. 20 in the St. Clair County Circuit Court against State Farm Mutual Automobile Insurance Company and Metropolitan Property and Casualty Insurance Company, alleging they breached the agreed policy contract by failing to proceed with arbitration.

According to the complaint, the plaintiff alleges that on Nov. 23, 2015, he was involved in a collision and claims the at-fault driver tendered its policy limits in the amount of $25,000, which he accepted. Kolb claims the defendants gave its permission to accept the policy limits but failed to have arbitration proceedings under the underinsured motorist provisions. 

The plaintiff alleges the defendants failed to appoint an arbitrator and has refused to proceed with the arbitration proceedings.

The plaintiff requests a trial by jury and seeks to award attorney's fees, costs, penalties, appoint an arbitrator, and such other and further relief that the court deems just. 

He is represented by Bruce R. Cook of Cook, Ysursa, Bartholomew, Brauer & Shevlin, LTD in Belleville.

St. Clair County Circuit Court case number 17-L-685

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Cook, Ysursa, Bartholomew, Brauer & Shevlin St. Clair County Circuit Court

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