Wednesday, 13 November 2013 15:34

Automobile Club Inter-Insurance Exchange Seeks to Dismiss Denied Claim Suit

An insurance company accused of refusing to cover a customer’s collision claim is seeking to dismiss a St. Clair County, IL, lawsuit.

According to the complaint filed Sept. 17, plaintiff Paula J. Beland claims she was involved in a chain traffic collision on Sept. 17, 2011. A driver hit the car behind Beland, which then allegedly hit her car.

Beland had insurance through defendant Automobile Club Inter-Insurance Exchange at the time of the collision, the suit states. She filed a claim with the insurance company, seeking money for her damages as a result of the collision. However, the insurance company refused to settle Beland’s underinsured motorist claim, the complaint alleges.

The defendant filed its motion to dismiss on Oct. 18 through attorneys Michael Reda and Daniel C. Lytle of Hepler Broom in Edwardsville claiming the plaintiff failed to state a cause of action.

“In this case, plaintiff’s complaint fails to separate causes of action for breach of contract and recovery pursuant to the Illinois Insurance Code,” the motion states.

The defendant filed for a substitution of judge on Oct. 29, which Chief Judge John Baricivic granted. Circuit Judge Robert LeChien was previously assigned to the case. A new judge has not yet been assigned.

The plaintiff seeks a judgment of more than $35,000, costs, fees and an additional $25,000.

Beland is represented by B. Jay Dowling of the Law Offices of Sterling and Dowling in Fairview Heights.