BENTON – Chaina Dehart of Brown County sued her insurer in St. Clair County in case arbitration didn’t satisfy her, but she chose the wrong court.
Her suit against Central Mutual belongs in U.S. district court for Central Illinois, Senior District Judge Phil Gilbert ruled on Aug. 4.
“That is where Dehart is from, so it would presumably be more convenient for her to litigate there,” Gilbert wrote.
Dehart held a Central Mutual policy that covered injuries from any accident with an uninsured driver.
The policy provided for arbitration of disputes.
In 2017, Dehart sought uninsured motorist coverage for an accident on Interstate 29 in northwestern Missouri.
Central Mutual denied it.
Dehart demanded arbitration in 2019, and selected an arbitrator.
Before Central Mutual selected its arbitrator, she sued in St. Clair County.
Central Mutual selected an arbitrator anyway.
Dehart dismissed the suit without prejudice in March 2020.
Her lawyer, whose name does not appear in the record, withdrew.
She retained Brian Kurth of Kirkwood, Mo., who filed suit this April 12.
Central Mutual, an Ohio business, removed it to Southern Illinois district court on the basis of diverse citizenship in May.
Central Mutual counsel Ann Barron, of Heyl Royster in Edwardsville, filed motions to dismiss it, transfer it, or stay it pending arbitration.
In June, Kurth stated that he agreed with Central Mutual on staying it.
“The instant case was filed to preserve plaintiff’s case in case defendant argued the statute of limitations barred plaintiff’s claim,” Kurth wrote.
He didn’t respond to the transfer motion, and Gilbert construed that as an admission of its merits.
He noted that Dehart’s husband might be called as a witness, and her medical providers were in the Central District.
“More importantly, nothing connects the case to this court,” Gilbert wrote.