A additional accusation has been filed adjoin the buyer of Ash Street Place apartments in affiliation to an April bonfire that displaced dozens of bodies and led to the accident of their property.
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The lawsuit, filed Monday in Boone County Circuit Court, alleges leasing agents at Ash Street Place, 103 Stadium Blvd., addled tenants by instructing them to assurance up for accountability allowance that was fraudulently accustomed as renters insurance.
Employees for the circuitous referred bodies to Assurant Insurance, according to the lawsuit, which is listed as a actor forth with Ash Street Place buyer Mills Backdrop Inc. of St. Louis and Mills Holiday House LLC. Ash Street Place aforetime was accepted as Holiday House Apartments.
"What they were affairs was a accountability policy, not renters insurance," said Matthew Uhrig, an Ashland advocate apery the plaintiffs. "All the abstracts they provided our audience adumbrated they were affairs renters insurance."
The clothing additionally claims that Mills Backdrop illegally brokered allowance sales. Accountability allowance covers amercement approved by a actuality afflicted on clandestine acreage and about protects tenants as able-bodied as landlords. It does not awning claimed property.
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As allotment of its charter agreements, Mills Backdrop requires tenants to accept accountability allowance that provides at atomic $50,000 of coverage, Mills Backdrop agent Mark Farnen said. Association are not appropriate to buy the activity from Assurant and are chargeless to accept their policy, he said.
Although Assurant is declared to accept falsely marketed accountability allowance as renters insurance, the clothing said Mills Backdrop either knew or should accept accepted what the activity absolutely covered. Paperwork for new tenants listed the aggregation as "Assurant Renters Insurance" and instructed plaintiffs to acquirement advantage through Assurant, according to the complaint.
On April 9, an electrical bonfire in Unit 314 of Architecture 103 acquired $450,000 in accident to the architecture and displaced residents. Many of the bodies in the 66-unit architecture absent accouterments to asbestos contagion or fire, smoke or baptize damage.
Uhrig filed a accusation anon afterwards the bonfire that alleges Mills didn't acquaint its tenants there was asbestos in the architecture and additionally seeks amercement for acreage absent because of asbestos contagion and the fire.
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Property that was attenuated has been destroyed. That clothing has about 40 plaintiffs; both lawsuits are based on the aforementioned set of facts, Uhrig said.
After the blaze, tenants � bristles are listed as plaintiffs in the accusation filed Monday � contacted Assurant alone to acquisition they had been awash accountability allowance and their items were not covered as they thought, according to the complaint.
The latest accusation seeks amercement in balance of $25,000 for acreage lost, advocate and cloister fees, and castigating damages, as able-bodied as agreement for the $113 anniversary fee for accountability allowance the tenants accept paid.
Farnen beneath to animadversion on specific allegations, citation awaiting litigation.
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"That's absolutely a claim," Farnen said of the declared fraud. "We'll accept to let the acknowledged arrangement array that out."
Class activity cachet is actuality approved in the new lawsuit. Uhrig said that could accommodate tenants at Mills' added properties. With two agnate lawsuits pending, he said he will acquaint his audience to accept which to advance with at a after time.
This commodity was appear in the Wednesday, December 11, 2013 copy of the Columbia Daily Tribune with the banderole "Tenants adduce artifice in suit:�Complex was armpit of blaze."
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