BENTON — An insurance company is seeking declaratory judgment that it does not owe a defense or indemnity to landlords who were allegedly aware of mold or a tenant who allegedly suffered from mold exposure.
Shelter Mutual Insurance Company filed a complaint April 3 in U.S. District Court of the Southern District of Illinois against Jonathan Woelfel, Don Woelfel and Brennan Wendler, alleging negligence.
According to the complaint, Wendler filed a complaint against Jonathan and Don Woelfel on Feb. 6. Wendler alleged he had entered into a lease agreement and paid $12,325 to the Woelfels for one year of rent at 706 W. Sherman in Bethalto, plus a security deposit of $925 and a pet fee of $300.
However, Wendler alleges he began to suffer from symptoms that usually come from mold exposure. He alleged the Woelfels breached a lease agreement by failing to provide a place that was safe for humans to inhabit.
The plaintiff seeks a declaration that it does not owe a defense or indemnity to the Woelfels.
Shelter Mutual Insurance seeks declaratory relief and all fair and just relief. It is represented by attorneys Heather E. Plunkett and Christopher J. Pickett of Lindsay, Pickett & Postel LLC in Chicago.
U.S. District Court of the Southern District of Illinois case number 3:19-CV-372