Civil suits regarding fire remain ongoing

June 08--CLINTON -- A hearing has been set for one of two civil suits involving Jaclyn Bentley, who was found not guilty earlier this year in criminal court for arson and insurance fraud.

A hearing is set for June 13 for a civil suit filed by Westfield Group Insurance against Bentley and Elmer E. Pothof Sr. A jury trial for a civil suit filed by Bentley and Pothof Sr. against State Farm Insurance is set for begin March 19, 2018, before United States District Judge Stephanie M. Rose in the United States Courthouse in Davenport. The parties estimate the trial will take five days.

Bentley and Pothof filed a petition and jury demand May 22, 2015. In the petition, they claimed breach of insurance contract, bad faith, failure to pay benefits and punitive damages against State Farm Insurance. The petition states Pothof and Bentley purchased a homeowner's policy to provide insurance coverage for their dwelling and personal property. The policy was effective Aug. 1, 2013, to Aug. 1, 2014. They were covered for dwelling, dwelling extension, personal property and loss of use. A fire occurred May 25, 2014, causing "extensive damage to the property and its contents." Bentley and Pothof in the petition say they "did not intentionally cause this fire in any manner."

The petition states they made appropriate written notifications to State Farm Insurance in regard to losses at issue. State Farm Insurance Companies on March 4, 2015, denied the claims related to the losses caused by the fire.

"Based upon the proof of loss, the investigation to date, your conduct and your examinations under oath, State Farm has determined that no payment is owed under the terms of the policy as a result of this fire," State Farm Insurance Companies state in support of the denial.

Westfield Group Insurance filed a petition at law against Pothof and Bentley as a representative of Jeff Knight. The petition states the May 25, 2014, fire at 706 Fifth Ave. South, which the petition alleges to have occurred "as a result of the negligent acts or omissions" of Bentley, spread to Knight's residence at 710 Fifth Ave. South, which sustained substantial damage to the structure and its contents.

"The negligent acts or omissions of defendant Bentley were the direct and proximate cause of the fire and resulting damages sustained and claimed herein by the plaintiff," the petition alleges.

The petition states Pothof, as co-owner of the residence, is equally liable for damages caused by the fire. Attorney Harold DeLange filed an answer on behalf of Bentley, denying the allegations contained in the petition.

Charges of first-degree arson and insurance fraud were dismissed in February by jury acquittal. A second count of first-degree arson was dismissed by the state prior to the beginning of the trial.

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