Action on Insurance Policy

Style of Case: Kay Wacker v. State Farm Insurance Company
Client: State Farm Fire & Casualty Company
Trial End Date: 10/22/2013
Court: Twentieth Judicial Circuit Court, St. Clair County, Illinois
Type of Case: Alleged Breach of Insurance Contract
Judge: The Honorable Ellen Dauber
Reed Armstrong Lawyer who tried the case: Dominique N. Seymoure

Jury Verdict

The plaintiff’s vehicle was broken into while she was shopping at the Kohl’s department store in Fairview Heights, Illinois on July 14, 2012. The plaintiff identified several missing items to the responding police officer, ranging in value from zero to $200. The following afternoon, the plaintiff called the police and reported a $2000 pair of diamond earrings and an address book containing $1200 cash was also taken. The plaintiff filed a claim to recover for the replacement value of the diamond earrings, allegedly $4750, under a personal articles policy issued by State Farm Fire & Casualty Company. State Farm investigated the claim and learned the plaintiff had worn the earrings regularly for 20+ years prior to the day of the occurrence and that she placed the earrings in the vehicle the same day in order to take them to a jewelry store the day of the occurrence to obtain a replacement back. The evidence at trial showed the plaintiff failed to advise the responding police officer of the allegedly missing earrings, which was the most valuable item in the vehicle. State Farm ultimately denied the claim because it believed the plaintiff misrepresented the theft of the earrings. The plaintiff filed suit alleging State Farm breached the contract in denying the claim. The jury returned a verdict in favor of State Farm.

Last Demand: $3500
Verdict: Defense Verdict