EAST ST. LOUIS - Nationwide Insurance claims a woman provided false occupancy information on her application for homeowners insurance and then made a claim following a fire.
Nationwide Insurance Company of America filed the lawsuit in the U.S. District Court for the Southern District of Illinois against Eva Pierce, seeking a declaratory judgment.
The complaint states that Pierce indicated that her property was "owner occupied" at the time she applied for the policy. However, during an investigation following a fire at the insured property in April 2023, Nationwide claims it discovered that this was not the case.
According to Nationwide, this misrepresentation was material to their decision to issue the policy and they would have declined had they known the truth. As a result, Nationwide has rescinded the policy and declared it void from its inception.
The suit states that Nationwide is obligated to return the premium paid by Pierce for the policy. The total cost of the policy was $3,320.11. However, after a refund issued due to a cancellation prior to rescission and an advance payment made post-fire event, Nationwide claims it is entitled to recover $8,222.07 from Pierce.
Nationwide seeks determination of its rights and obligations concerning an insurance policy it issued to Pierce. It is represented by Robert Brady of Watters Wolf Bub and Hansmann LLC in St. Louis.
U.S. District Court for the Southern District of Illinois case number 3:23-cv-4019