ST. LOUIS — Homeowners are suing their insurance provider, alleging they failed to provide mortgage payments as required under a disability insurance policy.
Dennis and Laura Petty filed a complaint on Jan. 8 in the St. Louis Circuit Court against Pavonia Insurance of Delaware and Caliber Home Loans, alleging that they violated the covenant of good faith and fair dealing.
According to the complaint, the plaintiffs allege that although they took out a disability insurance policy with Pavonia for the mortgage they hold with Caliber, Pavonia quit making payments on their mortgage after Dennis Petty injured his back.
The plaintiffs hold Pavonia Insurance of Delaware and Caliber Home Loans responsible because despite repeated demands for payment, Pavonia allegedly failed to provide mortgage funds during Petty's disability. As a result, the mortgage has gone into arrears and Caliber has made repeated attempts to foreclose on the home.
The plaintiffs request a trial by jury; and seek special, general and punitive damages, litigation costs against Pavonia, judgment temporarily enjoining Caliber from foreclosing on the plaintiffs' property; and any further relief as the court deems just and proper. They are represented by Dale Wiley of Foreclosure Law LLC in Crane.
St. Louis Circuit Court case number 1822-CC00040