BENTON – St. Clair Country Club of Belleville and Cincinnati Insurance settled a dispute over roof replacement in mediation with A.J. Bronsky of St. Louis on July 12.
Settlement followed a decision by U.S. Magistrate Judge Reona Daly allowing Cincinnati to serve subpoenas on roofing contractors.
The country club sued Cincinnati in St. Clair County Circuit Court last November, claiming it refused to pay about $250,000 for repair of hail and wind damage.
Cincinnati removed the suit to district court, asserting diverse citizenship as an Ohio business.
In May, Cincinnati sent subpoenas to contractors for documents relating to services performed, solicited, or proposed to be performed at the club.
Club counsel Jarrod Beasley of Belleville moved to quash the subpoenas, claiming Cincinnati should have investigated the claim before denying it.
Cincinnati counsel Isaac Melton of Chicago responded in June that the club lacked standing to quash subpoenas that Cincinnati directed at third parties.
He claimed he sent subpoenas to contractors who inspected the roof before and after the storm.
Melton claimed their documents might support contentions that hail previously fell on the roof more than once and some of the damage to shingles wasn’t a result of wind.
He added that their documents might reveal conversations with club representatives pressuring them to claim the damage was due to hail and wind to ensure their bid was selected.
Daly denied the motion to quash on June 26, finding the club set forth no argument or explanation regarding its standing.
“It is not apparent on the record before the Court that the subpoenas at issue impinge on any trade secret or other confidential, commercial information,” she wrote.
She found they sought relatively routine information and didn’t threaten any legitimate interest of the club.
Mediation with Bronsky succeeded 16 days later, and Daly granted 60 days to prepare settlement documents.