Insurer Sues MoDOT Contractor for More Than $250K

Liberty Mutual filed suit against Park-Mark in St. Louis County on Nov. 21 alleging breach of contract. Park-Mark was founded in Kirkwood in 1954 and has handled large jobs as a contractor for MoDOT, including the 2010 resurfacing project on Interstate 44.

Liberty Mutual alleges in court documents that in 2005 it issued Park-Mark several insurance policies covering a variety of risks including workers compensation and liability. In 2006, Liberty Mutual further alleges that Park-Mark failed to make a payment of $212,196 and that Park-Mark indicated that it could not pay the full amount due and requested the ability to pay off its balance over time.

In an attempt to resolve the matter without resulting to litigation, Liberty Mutual alleges it agreed to try and work with Park-Mark to pay off the balance over time.

In 2007, Park-Mark started making periodic partial payments toward the outstanding balance that Liberty Mutual alleges totaled $70,000, leaving the current balance at $251,117.

Liberty Mutual further alleges that despite being given nearly five years to pay off the entire balance, Park-Mark has refused to making only three partial payments in 2010 and its last partial payment in March of 2011.

Robyn D. Buck of Husch Blackwell is representing Liberty Mutual and declined comment citing pending litigation.

Bearden, Breckenridge & Gidlow is representing Park-Mark. A call placed to managing partner Thomas Bearden seeking comment went unreturned as of Wednesday evening.