EDWARDSVILLE – Homeowners whose home was damaged by a tornado in December 2021 are suing their insurer for allegedly denying their claim and refusing to provide a detailed explanation.
Plaintiffs William B. Simpson and Judith E. Simpson filed the lawsuit in the Madison County Circuit Court against the United Services Automobile Association (USAA), citing breach of contract.
According to the lawsuit, the Simpsons' home was damaged on Dec. 10, 2021, by the same deadly tornado that destroyed an Amazon facility in Edwardsville and killed six workers. At the time of the damages, the plaintiffs had a homeowner's insurance policy in effect with USAA. On Dec. 12, 2021, the plaintiffs submitted a claim to USAA under the policy for damages from the tornado.
On April 20, 2022, USAA submitted to the plaintiff's a statement that the replacement cost value of the damage to their property was $54,837.28. The plaintiff's disagreed and hired a public adjusting company that appraised the damages at $191,007, which was submitted to the defendant on May 31, 2021. The appraisal was later adjusted to $191,193.02.
The insurer informed the plaintiffs that it was refusing the arbitration appraisal process because the issues in dispute were not only in price. On Sept. 6, 2022, the insurer submitted an updated statement to the plaintiffs that the replacement cost value of the damage to their property was $75,967.72 without further explanation. Since then, USAA has not explained why it refused the arbitration process and what the other issues it disputed besides price.
The plaintiffs allege USAA has breached the terms of its policy by refusing to follow the appraisal process as provided in its own policy and by refusing to communicate with the plaintiffs as to the state of the claim and the reason for denying the appraisal process.
The Simpsons are seeking damages in excess of $50,000, plus interest, court costs, exemplary costs and any other relief the court deems proper. They are represented in this case by attorney John W. McCracken of the McCracken Law Firm, LLC in Edwardsville.
Madison County Circuit Court case number 2023LA000386