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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

JONES et al v. RAIN AND HAIL, LLC et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
1:14-cv-00875 Search Pacer
Opposing Party: 
Charles Jones
Court Type: 
Federal
US District Court: 
Eastern District of Wisconsin
Date Filed: 
Jul 23 2014

NOW COME the plaintiffs, Charles Jones and Linda Jones, by their attorney,
James T. Runyon of Runyon Law Offices, LLC, and as and for a complaint against the
defendants, allege and show the court as follows:

1. That the plaintiffs, Charles and Linda Jones, are adult husband and wife
who reside at W4453 State Highway 64, Bryant, WI 54418 and were at all times material
insured by Indemnity Insurance Company of North America (Policy #FO-170576).
2. That the involuntary plaintiff, General Casualty Company of Wisconsin,
QBE Americas, Inc. has offices located at One General Drive, Sun Prairie, WI 53596, may have
an interest in this lawsuit as a result of a settlement and Perringer Release dated March 12, 2013,
a copy of which is attached hereto and incorporated herein as if set forth in full.
3. The defendant, Rain and Hail L.L.C., on information and belief does
business as Indemnity Insurance Company of North America and is an insurance company
licensed to do business in the State of Iowa and the State of Wisconsin, with offices located at
Agribusiness Department, 9200 Northpark Drive, Suite 250, Johnston, IA 50131.
4. The defendant, Indemnity Insurance Company of North America, on
information and belief, does business as Rain and Hail L.L.C. and is an insurance company
licensed to do business in the State of Pennsylvania and the State of Wisconsin, with offices
located at 436 Walnut Street, P.O. Box 1000, Philadelphia, PA 19106, who at all times material
had a farm owners and general homeowners policy in effect with the insured, Charles Jones at
W4453 State Highway 64, Biyant, WI 54418 .
5. That on or about August 23, 2011, the plaintiffs, Charles and Linda Jones,
sustained serious damage to their home. The damage was sudden and unexpected and was
caused when Torch's Construction owned and operated by Todd Draeger and Kristine Draeger
and insured by General Casualty Company of Wisconsin was replacing a roof. The roof was
inadequately tarped and as a result of high winds and rain, the home owned by the insured,
Charles Jones, located at W4453 State Highway 64, Bryant, WI 54418 sustained considerable
rain damage, which ultimately resulted in mold and other damage and caused the homeowner
Charles Jones to have to basically gut the home, replace it and rebuild it.
6. That the plaintiffs made a claim with their insurance carrier, Indemnity
Insurance Company of North America and said claim was denied,
7. That the plaintiffs allege that Indemnity Insurance Company of North
America breached the contract of insurance by denying the claim.
8. That the plaintiffs have completely gutted and rebuilt the home and have
incurred expenses in excess of $300,000.00 of which $65,000.00 was compensated or paid by
General Casualty Company of Wisconsin.
9. The plaintiffs allege that the defendant, Indemnity Insurance Company of
North America, is indebted to the plaintiffs in a sum equal to, if not exceeding the policy limits
of the insurance, which were $100,000.00 for the dwelling, $50,000.00 for unscheduled
household personal property, and $20,000.00 for loss of use, along with other expenses covered
by the policy.

WHEREFORE, the plaintiffs seek a judgment against the defendants, Rain and
Hail L.L.C. and Indemnity Insurance Company of North America, in a sum to be determined by
the court and jury, but not less than the policy limits of said policy of insurance (Policy #FO-
170576), together their actual attorney's fees, costs and disbursements for bringing this action
and for such other and further relief as the court would find just and equitable.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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