A homeowner is suing State Farm for allegedly denying his claim after he suffered water damage at his East St. Louis home, causing mold to grow.
Henri Cormier filed the complaint Jan. 23 in St. Clair County Circuit Court against State Farm Fire and Casualty Company, alleging breach of contract.
According to the complaint, State Farm issued a homeowner’s insurance policy on Nov. 15, 2018 in favor of Cormier. The policy was effective until Nov. 15, 2019, insuring the plaintiff’s residents on 45th St. in East St. Louis. On Jan. 25, 2019, the property was “substantially destroyed and/or severely damaged, through no fault of plaintiff …”
As a result, Cormier claims the property’s plumbing system was damaged, which then caused water damage to the home.
Cormier filed a claim with State Farm for payment under the policy. State Farm denied the claim.
“Defendant’s denial was unreasonable and failed to contain an accurate explanation of the basis in the insurance policy or applicable law for such denial,” the suit states.
The defendant’s failure to pay the plaintiff’s claim prevented proper remediation of the water damage. As a result, Cormier claims mold has begun to grow.
“Growth of mold in the event of water damage, which then causes further damage to the property was both a foreseeable consequence of the denial and within the contemplation of the parties at the time of the execution of the insurance contract.
The plaintiff alleges State Farm refused to consider his claim, refused to provide an accurate basis for the denial, refused to properly investigate the claim, refused to settle the claim, and failed to evaluate the claim objectively.
Cormier claims State Farm’s actions were done “with a conscious and reckless disregard for plaintiff’s rights with the willful, wanton, and malicious intent to injure, annoy, and to encourage plaintiff to ‘walk away’ or withdraw his claim.”
Cormier seeks a judgment in his favor of more than $50,000, plus attorney’s fees, interest, and court costs.
He is represented by John Pawloski of the Law Office of Van-Lear P. Eckert PC in Belleville.
St. Clair County Circuit Court case number 20-L-75