Archive for Wednesday, March 14, 2001

Lawsuit filed over dispute after storm

March 14, 2001

A downtown restaurant owner has filed a lawsuit against his insurance company, over a claim stemming from the May 11 tornado.

Matt Bichelmeyer of Bichelmeyer's Steakhouse is being sued in Leavenworth County District Court by Boone Brothers Roofing for roof repairs made after the tornado. The Boone Brothers suit against Bichelmeyer seeks $7,500 for labor and materials.

Bichelmeyer, in turn, has brought MegJo Inc., doing business as Lloyd H. Mills Inc., into the suit as third-party defendants. Bichelmeyer alleges Diane and Jerry Bretthauer, owners of MegJo, contracted for the roofing work and he was not a party for any contract entered into for the repairs.

Further, Bichelmeyer's allegations say, "Third-Party Defendants and/or their agents subsequently learned that they had not properly written the contract of insurance that Defendant Bichelmeyer had purchased. Third-Party Defendants agreed to pay Defendant Bichelmeyer a cash sum to compensate him for the cost of additional repairs necessary to restore the business property to its previously existing condition. The matter was settled and a release was executed on July 14, 2000."

At that time, Bichelmeyer was under the belief that all repair bills had been settled, his suit says.

He is asking the court to find that the Bretthauers are responsible for any money that might be due the roofing company.

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