ST. LOUIS — An insurance company is suing a St. Louis policy owner, citing alleged fraudulent misrepresentation and negligent misrepresentation.
American Family Mutual Insurance Co. filed a complaint on May 9 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Nancy Spencer alleging that the defendant violated the Missouri Merchandising Practices Act.
According to the complaint, the plaintiff alleges that, between July 31, 2014, and Dec. 25, 2014, plaintiff issued a liability coverage in the amount of $300,000 under a policy homeowners insurance to the defendant. The plaintiff claims the defendant filed a petition for liability coverage; however, the claim does not meet the definition of bodily injury and property damage as stated in the policy, so no coverage exists for any claims arising out of the underlying litigation known as Jane Volz v. Nancy Spencer, et al, according to court documents.
The plaintiff holds Spencer responsible because the defendant allegedly failed to know that the policy does not provide liability coverage for the allegations and damages asserted in the underlying litigation.
The plaintiff requests a trial by jury and seeks judgment for its costs, attorney's fees expended herein along with any such further order this Honorable Court deems just and proper. They are represented by Robert J. Wulff and Sean P. Dolan of Evans and Dixon LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-01478-JCH