Nugent takes on insurance carrier in suit

[Guest guest]

Nugent takes on insurance carrier in suit

Lawsuit seeks potential $1.5M in damages

http://www.mlive.com/news/jacitpat/index.ssf?/base/news-

17/114909152387430.xml & coll=3 & thispage=1

Wednesday, May 31, 2006

By Hepker

shepker@... -- 768-4923

Rocker Ted Nugent has filed a potential $1.5 million lawsuit against

his insurance carrier over mold and bacteria in his Concord home.

Nugent and his wife, Shemane, contend Homeowners Insurance Co. and

its associates caused them emotional distress, a loss of property

value and other damages in their response to water damage to the

house and barn in 2003.

The lawsuit, which was assigned to County Circuit Judge Chad

Schmucker, does not specify exact damages, but Nugent attorney Bill

Dobreff said it exceeds $1 million.

Court documents estimate the loss of real estate and personal

property at $1.5 million.

The Nugents and son Rocco suffered health problems from the mold and

bacteria caused by water damage, the suit contends. They moved to

Texas in 2003 and eventually bought a place in Crawford, not far

from President Bush's ranch.

The couple previously filed suit against Homeowners seeking a fair

appraisal. Dobreff said each side will hire an appraiser, and the

court will appoint a referee to decide the claim based on the limits

of the insurance policy. The lawsuit filed last week involves

matters beyond the policy, such as alleged fraud and negligence on

the part of the insurance company and others, Dobreff said.

Also named are insurance claims representatives Prigden and

Dan Gillespie, Warner Insurance Adjusters and Troy Winslow, an

independent adjuster contracted by Warner.

At issue is the insurance company's claim that it does not carry

losses resulting from mold or mildew, its efforts to investigate

water damage, and alleged promises to treat the Nugents " like

family " and do whatever it took to restore their homestead.

" Their investigation process increased the damage by mold and

bacteria, " Dobreff, of Warren, said in a phone interview.

Wet building materials were allowed to remain in the house and pole

barn by Homeowners Insurance, causing more damage, he said.

Dobreff said the insurance carrier paid the Nugents " a limited

amount " for their claim.

Potter, attorney for Warner, said he expects his client and

other individuals to eventually be excused from the suit, with the

case boiling down to what Homeowners owes under terms of the policy.

" Warner did nothing wrong, and the adjuster who did the work did

nothing wrong, " Potter said.

Advertisement

Nugent started touring Europe last week and is in Spain today. He

also is in the cast of a current TV show called " Supergroup, " in

which a group of rock stars must write and record a CD while living

together in Las Vegas.

His lawsuit claims Nugent was filming MTV's " At the Ranch " segment

at his Eckert Road property in early 2003 when the crew had to

relocate to Texas because of water damage to the house.

The lawsuit reiterates what is obvious to anyone who has seen a

hunting or lifestyles show from Tedquarters: The home is stuffed

with mounted wildlife, most killed by Nugent's arrows on hunts

across the globe.

All of the animal mounts, all furnishings and personal belongings

must be cleaned or discarded, the suit says. It is unclear how much,

if any, remediation work was performed at the house.

Dobreff said he believes the place was left as it was because of the

dispute over insurance.

The lawsuit claims Ted and Shemane both suffered " severe immune

system problems, " and that both were emotional and crying at a

settlement conference in summer 2003.