IN THE CIRCUIT COURT OF RANDOLPH COUNTY, MISSOURI
CLIFFORD L. BARTON and 
BARBARA A. BARTON,  
Plaintiffs,
v. 
FARM BUREAU TOWN & COUNTRY 
INSURANCE COMPANY OF MISSOURI,
serve: agent Phil Berry 1010 Hwy. 24 West  Moberly, MO 65270, 
Defendant.
Case No. 03cv177019 FILED JUL 08 2003
NORMA PRANGE CIRCUIT CLERK RANDOLPH COUNTY, MO.

PETITION FOR INSURANCE PROCEEDS AND DAMAGES
COME NOW plaintiffs Clifford L. and Barbara A. Barton, by and through counsel, and for their cause of action against defendant Farm Bureau Town & Country Insurance Company of Missouri, state as follows:
AlleQations Common to Both Counts
1. Plaintiffs are husband and wife and, at all times relevant hereto,
had an insurable ownership interest in a residence dwelling located at 617 Villar Street in Fredericktown, Missouri.
2. Defendant Farm Bureau Town & Country Insurance Company of
Missouri (hereinafter "defendant Farm Bureau") is an insurance company duly authorized to transact business in the state of Missouri and holding itself out to the public as an insurer of residence dwellings in Missouri.
3. Phil Berry is an agent of defendant Farm Bureau, who on its behalf
solicits insurance in Randolph County, Missouri, so that service made upon him is valid as to defendant Farm Bureau pursuant to §375.266 MO.Rev.Stat.
4. On May 1, 2003, plaintiffs' residence dwelling at 617 Villar Str'?9t i~
Fredericktown, Missouri was insured by defendant Farm Bureau by its policy number PR00240190 02, the original of which was destroyed by the fire which is the subject of this action. A copy of the declarations page for which policy is attached hereto as Exhibit A and incorporated by reference herein.
5. On May 1, 2003, plaintiffs' residence dwelling described above and
all contents therein were destroyed by a hostile fire (hereinafter "the fire").
6. Neither plaintiff had at the time of this fire any knowledge or
information from any source as to its cause or origin.
7. Plaintiffs reported the fire to defendant Farm Bureau on the date of its occurrence and at all times thereafter have cooperated fully with the agents of defendant Farm Bureau in its handling of their claims arising out of the fire.
8. Defendant Farm Bureau retained the services of Mr. Kevin
Schroeder of ACS Investigative Services, Inc. to perform a cause and origin investigation of the fire.
9. After performing his investigation, Kevin Schroeder advised
plaintiffs that the fire was electrical in origin, having been caused by a defective pigtail connection on their electric range.
10. On May 14, 2003, plaintiffs delivered to defendant's claim adjuster,
Richard C. Fehr, Jr., a proof of loss utilizing forms provided by defendant Farm Bureau.
11. Plaintiffs' proof of loss, which included a 14-page contents inventory, was as complete as they could make it due to the fact that virtually all of their records and other documents regarding their personal property were destroyed in the fire.
12. On or about May 29, 2003, defendant Farm Bureau returned to plaintiffs portions of their proof of loss, contending it was incomplete or deficient.
13. On May 30,2003, plaintiffs returned their proof of loss to defendant Farm Bureau with a letter advising that their records were destroyed and they were unable to provide more detailed information.
14. At all times set forth above when plaintiffs submitted and resubmitted their proof of loss to defendant Farm Bureau, they were residents of Randolph County, Missouri, having relocated to Randolph County following the fire.
15. On June 26, 2003, plaintiffs' attorney faxed and sent a letter to defendant's claim adjuster demanding payment to plaintiffs as set forth in Missouri statutes, a copy of which letter is attached hereto as Exhibit Band incorporated by reference herein.
16. On June 18, 2003, plaintiffs' counsel received a faxed letter from Robert L. Brady of Brown & James in St. Louis demanding on behalf of defendant Farm Bureau that plaintiffs submit to examination under oath and produce an extensive list of documents, a copy of which letter is attached hereto as Exhibit C and incorporated by reference herein.
17. Defendant Farm Bureau, as of the date of this petition, has not offered to make any payment to plaintiffs for the loss to their dwelling or for the loss to the contents thereof.
18. On and prior to May 1, 2003, §379.40 Mo.Rev.Stat., commonly referred to as the "valued policy law" was in full force and effect, providing certain requirements for the adjustment of insurance fire claims in Missouri. A copy of this statute is attached hereto as Exhibit D and incorporated by reference herein.
19. As of the date of this petition, neither plaintiffs nor their attorney have had any further contact with defendant Farm Bureau or its attorney about this case since their receipt of Mr. Brady's letter dated June 18, 2003.
Count I - Contractual Recovery
20. For Count I of their petition, plaintiffs hereby incorporate by
reference paragraphs 1 through 19 above as though fully set forth verbatim herein.
21. Plaintiffs are entitled to recovery of $94,500.00 pursuant to their proof of loss delivered to defendpnt on May 14, 2003 and by application of §379.40 Mo.Rev.Stat.
22. Pursuant to the terms of its insurance policy, defendant Farm Bureau was required to settle plaintiffs' claims no ~2fer th::ln June 14, 2003.
23. Plaintiffs are entitled to interest at the rate of 9% per annum on the full amount owed, commencing on June 15, 2003 and running until full payment is made.
24. Plaintiffs hereby submit themselves to examination under oath and production of documents as set forth in Missouri Supreme Court Rules of Civil Procedure 57.03 and 58.01 and subject to the lawful order of this court.
WHEREFORE, plaintiffs pray for judgment on Count I of their petition against defendant Farm Bureau in the full sum of Ninety-Four Thousand Five Hundred Dollars ($94,500.00) plus 9% interest from June 15, 2003, for their costs herein expended and for such further relief as the court may deem proper.
Count II - Statutory Penaltv and Attornev Fee
25. For Count II of their petition, plaintiffs hereby incorporate by reference paragraphs 1 through 24 above as though fully set forth verbatim herein.
26. At no time has defendant Farm Bureau communicated to plaintiffs or to their attorney any reasonable basis to question coverage for plaintiffs' claims arising outof the fire.
27. The actions of defendant Farm Bureau in refusing to pay the actual cash value of plaintiffs' dwelling as established by its policy of insurance and Missouri statute are unreasonable, arbitrary and capricious, constituting a violation of §375.296 MO.Rev.Stat.
28. The actions of defendant Farm Bureau in refusing to pay at least the actual cash value of plaintiffs' contents, which were totally destroyed in the fire, pursuant to Missouri law were unreasonable, arbitrary and capricious, constituting violation of §375.296 MO.Rev.Stat.
29. Pursuant to §375.420 Mo. Rev.Stat., plaintiffs are entitled to statutory penalties of Nine Thousand Six Hundred Dollars ($9,600.00) and the reasonable fees of their attorney for the collection of their claims in prosecution of this action.
WHEREFORE, plaintiffs pray for judgment against defendant Farm Bureau in the full amount of Nine Thousand Six Hundred Dollars ($9,600.00) for statutory pen,alties, for the fees of their attorney which shall be deemed reasonable and proper by this court, for their costs herein expended and for such further relief as the court may deem proper. 
LAWRENCE W. FERGUSON & ASSOCIATES
800 N. Providence, Suite 103 Columbia, MO 65203-4360 573/817 -2053
573/874-5640 (fax) ATTORNEYS FOR PLAINTIFFS

The Bartons Exhibit # 1
June 16,2003
Mr. Richard C. Fehr, Jr. Claims Representative
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI, P.O. Box 732 Farmington, M0  63640
RE: Your Insured: Clifford and Barbara Barton Your Claim No.: 000000117813.
Date of Loss: 05/01/2003
Dear Mr. Fehr:
Our firm represents Clifford and Barbara Barton for their claims against Farm Bureau Town & Country Insurance Company arising out of the fire of May 1, 2003 and the vexatious refusal of your company to pay this claim ina timely manner. This fire resulted it) a total. loss to the dwelling insured at $35,000.00 and to the contents insured at $60,000.00 for replacement cost.
The proof of loss in this case was delivered to you personally on May 14, 2003. Pursuant to §375.296 Mo.Rev.Stat., your company has 30 days to make payment on this claim from the date on which you received the proof of loss. You are required to pay the entire amount of the dwelling coverage and the full actual cash value of the destroyed •contents. As of this writing, your company has not met its statutory obligation ,. for payment. According to §375.420 Mo.Rev.Stat., my clients are already entitled to statutory penalties totaling $9.650.90 plustheir reasonable attorney's fees. Frankly, wesee n'o reason why it should even have taken the full 30 days to pay this loss.
If your company issues paYl)1ent in the amount owed, making this payment directly to your insureds at their home address and furnishing to this office proof thaf the payment has been made no later than the close of business on Friday, June 20, my clients will agree to waive their claim for penalties and attorney's fees. If we have not received proof that this payment has been made prior to the 
close of b.usiness on June 20, 2003, we will file suit on this case posthaste and will seek all legal remedies, including but not limited to the statutory penalties as set forth above, attorney's fee, and statutory interest.
My clients remain hopeful that litigation can be avoided. However, they have authorized me to proceed as outlined above. While I would certainly prefer not to file suit in this case, if I am compelled to do so, I assure you I will prosecute it vigorously.
LAWRENCEW. FERGUSON 

The Bartons Exhibit # 2
Robert L. Brady Direct: 314-242-5273 Fax: 314-242-5473 rbrady@bjpc.com
1010 Market Street., 20th Floor June 18, 2003
Mr. Lawrence W. Ferguson Attorney at Law
800 N. Providence, Suite 103 Columbia, MO 63640
in re: lnsured: Clifford and Barbara Barton
Claim No.: 117813
Date of Loss: 5/01/03
Dear Mr. Ferguson: 
I am in receipt of your June 16, 2003 letter to Richard Fehr at Farm Bureau. Be advised that the undersigned and Brown & James, P.C. represent Farm Bureau with respect to the above referenced claim. From this point forward, direct all communications and correspondence regarding this claim to the undersigned.
Your June 16th letter is inaccurate in several respects. On May 14, 2003, your clients submitted an improper and incomplete Proof of Loss, including Personal Property Inventory forms, to Farm Bureau. The Proof of Loss was acknowledged via correspondence from Farm Bureau to your clients on May 21,2003. On May 29, 2003, the Proof of Loss was returned to your clients via correspondence of that date from Richard Fehr. In his May 29th letter, Mr. Fehr advised your clients that there were several deficiencies with the Proof of Loss and requested that they provide additional information pursuant to the policy conditions.
On May 30, 2003, Farm Bureau received a handwritten letter from your clients setting forth additional content items that they apparently "forgot" to include on the Personal Property Inventory forms. The handwritten list from your clients does not contain complete information as required by the conditions of the insurance policy. On June 10,2003. your clients returned the Proof of Loss to Farm Bureau. However, the Proof of Loss did not contain the additional information requested in Mr. Fehr's May 29th letter, nor did it contain complete information on the handwritten list of content items submitted on May 30th• Based on another handwritten letter from your clients, they are apparently refusing to provide this information. Thus, to date, your clients have not submitted a proper and complete Proof of Loss which complies with the policy conditions. In addition, your statement that, pursuant to §375.296 RSMo, Farm Bureau "has 30 days to make payment on this claim from the date on which [it] received the Proof of Loss" is simply not correct §375.296 RSMo contemplates payment thirty days Yafter due demand therefore ... in accordance with the terms and provisions of the contract of insurance ... " As stated above, your clients have not complied with the policy conditions to date, and, as such, have not made due demand for payment. Accordingly, the thirty-day time period referenced in the statute has not yet begun to run. Moreover, pursuant to 20 CSR 100-1.050, your clients were advised by Mr.
Fehr's May 29, 2003 letter that Farm Bureau was in need of additional information in order to make a claim determination. To date. that information has not been provided. As such, you are hereby again advised, pursuant to 20 CSR 100-1.050, that Farm Bureau will require additional time to complete its claim investigation. Additional time is needed because, to date, your clients have refused to submit a proper and complete Proof of Loss and properly document their claim. As you should be aware, Farm Bureau has already issued several advance payments to your clients conditioned upon a reservation of rights. In light of these advanced payments, and considering your clients' continuing refusal to comply with the policy conditions, your threats and your contention that your clients are already entitled to statutory penalties are absurd. Be advised that Farm Bureau has elected to exercise its right under the insurance policy to conduct your clients' examinations under oath. As you may know, the requirement that your clients appear for examinations under oath is a condition precedent to recovery pursuant to the policy conditions. Upon receipt of this letter please contact me immediately to schedule a mutuatly convenient time and date for the examinations. Farm Bureau is also requesting that your clients produce certain additional records and documents at the examinations under oath. The requirement that your clients produce records and documents is also provided for in the policy of insurance. In addition to the information requested in Mr. Fehr's May 29th letter to your dients. Farm Bureau is also requesting production of the following records and documents:
1. The original copy of the policy of insurance under which the claim is being presented.
2. For each item of personal prvperty that your clients claim was lost, stolen, damaged or destroyed, please produce all documents that show when and where the item was purcha'sed, the cost of the item, the replacement cost of the item, the fair market value of the item, and ownership of the item, including, but not limited to, any receipts, invoices, appraisals and/or other documents evidencing the same.
3. For each item of personal property that your clients claim was lost, stolen, damaged or destroyed, please produce any and all documents, records, correspondence, etc., which refer or relate to any and all loans, liens, or financing agreements which had been placed on each item of personal property that is the subject of this claim.
4. All photographs, videotapes and digital images that your clients have access to which show the lost, stolen, damaged or destroyed property, before, during or after the loss.
5. Any and all repair bills and/or receipts for repair and/or replacement of the items of personal property that your clients claim were lost, stolen, damaged or destroyed.
6. Your clients' federal income tax returns for the years 2001 and 2002.
These returns must be complete, with all attached schedules and W-2 forms, 1099 forms, etc.
7. Any and all documents which refer and/or relate to any checking accounts, savings accounts, money market funds, lRAs, personal pensions, and/or life insurance in your clients' names for the years 2002 through the present, including, but not limited to. checking account registers, monthly statements, passbooks, etc. If any of the above-requested records and documents have been lost, stolen, discarded or destroyed, reasonable efforts are to be made to obtain copies of the original documents. Farm Bureau will reimburse your clients for any costs associated with obtaining copies of the requested records and documents. Be advised that failure to produce the requested records and documents at or before the examinations under oath may delay the resolution of the claim.
I will await your reply so that we can proceed in scheduling the examinations. Be advised that Farm Bureau continues to reserve any and al/ rights and defenses it has or may have under the policy of insurance and the laws, and that no actions taken by Farm Bureau, its employees and/or agents, should be considered to be a waiver of any said rights and defenses.
Very truly yours,
Robert L. Brady

 

IN THE CIRCUIT COURT OF THE COUNTY OF RANDOLPH, STATE OF MISSOURI
CLIFFORD L. BARTON and BARBARA A. BARTON, Plaintiffs
vs.
FARM BUREAU TOWN & COUNTRY  lNSURANCE COMPANY OF MISSOURI,  Defendant.
Case No. 03CV177019 
DEFENDANT'S ANSWER TO PLAINTIFFS' PETITION FOR INSURANCE PROCEEDS AND DAMAGES
COMES NOW defendant, Farm Bureau Town & Country Insurance Company of Missouri, by and through undersigned counsel, and for its Answer to Plaintiffs' Petition for Insurance Proceeds and Damages, states as follows:
1. Defendant is without sufficient information to admit or deny the allegations
contained in paragraph 1 of plaintiffs' Petition and therefore denies same.
2. Admitted.
3. Admitted.
4. Defendant is without sufficient information to admit or deny the allegations contained in paragraph 4 of plaintiffs' Petition and therefore denies same.
5. Defendant is without sufficient information to admit or deny the allegations contained in paragraph 5 of plaintiffs' Petition and therefore denies same.
6. Defendant is without sufficient information to admit or deny the allegations contained in paragraph 6 of plaintiffs' Petition and therefore denies same.
7. Denied.
8. Admitted.
9. Defendant is without sufficient information to admit or deny the allegations contained in paragraph 9 of plaintiffs' Petition and therefore denies same.
11. Denied.
12. Denied.
13. Admitted.
14. Denied.
14. Defendant is without sufficient information to admit or deny the allegations contained in paragraph 14 of plaintiffs' Petition and therefore denies same.
15. Defendant admits that plaintiffs' counsel faxed and mailed a letter to its claims adjuster on June 16,2003. Defendant denies that the contents of said letter were either accurate or correct.
16. Defendant admits that plaintiffs' counsel received a letter from defense counsel
dated June 18,2003. Defendant further admits that, in said letter, it requested plaintiffs' examinations under oath and the production of certain additional records and documents. Defendant denies each and every remaining allegation contained in paragraph 16 of plaintiffs' Petition.
17. Adinitted.
18. Defendant admits that §379.140(sic) was in full force and effect as of May 1, 2003. Defendant denies each and every remaining allegation contained in paragraph 18 of plaintiffs' Petition.
19. Admitted.

Count I
20. Defendant restates and incorporates by reference herein each of its answers to paragraphs 1 through 19 of plaintiffs' Petition as if fully set forth herein.
21. Denied.
22. Denied.
23. Denied.
24. To the extent plaintiffs' are alleging that submitting themselves to depositions and the production of documents in litigation pursuant to the Missouri Rules of Civil Procedure would constitute compliance with the insurance policy conditions, said allegations are denied.
AFFIRMATIVE DEFENSES
A. For further answer and for its first affirmative defense, defendant states that plaintiffs' Petition fails to state a claim upon which relief can be granted.
B. For further answer and for its second affirmative defense, defendant states that there is no coverage and plaintiffs are barred from recovery under the subject insurance policy because plaintiffs have refused to cooperate with defendant in its claim investigation, refused to submit a proper and complete proof of loss, refused to submit to examinations under oath, and refused to produce certain records and documents; all of which have resulted in substantial prejudice to defendant, and all of which constitute breaches ofthe following conditions precedent to recovery contained in the insurance policy:
CONDITIONS - SECTION I

1. WHAT YOU MUST DO IN CASE OF LOSS
If a covered loss occurs the insured must: 
c. Make a list of all damaged and destroyed property, showing in detail quantities, costs, Actual Cash Value (ACV), and amount of loss claimed.
d. Send to us, within 60 days after loss, the above list and a proof of loss signed and sworn to by the insured, including:
(1) The time and cause of loss.
(2) The interest of the insured and all others in the property.

(3) All debts or liens on the property.
(4) Other policies covering the loss.
(5) Changes in title, use, occupancy, or possession ofthe property, and
(6) If required, any plans and specifications of the damaged dwelling, other structures, or fixtures. 
f. Submit to examinations under oath by any person named by us and sign the transcript of the examinations.
g. Produce for examination, with permission to copy, all books of account, bills, invoices, receipts, and other vouchers as we may reasonably require.

GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II 
10. COOPERATION
You must cooperate with us in performing all acts required by this policy. 
C. For further answer and for its third affirmative defense, defendant states that there
is no coverage and plaintiffs are barred from recovery under the subject insurance policy because
plaintiffs filed the instant lawsuit prior to complying with each of the conditions precedent to
recovery contained in the insurance policy, which resulted in substantial prejudice to defendant,
and which constitUtes a breach of the conditions precedent to recovery set forth in paragraph B
above.

WHEREFORE, having answered Count I of plaintiffs' Petition, defendant prays that this Court dismiss Count I with prejudice, for its costs herein expended, and for such other and further relief as this Court deems just and proper under the circumstances.
Count II
25. Defendant hereby restates and incorporates by reference herein each of its answers to paragraphs 1 through 24 of plaintiffs' Petition as if fully set forth herein.
26. Denied.
27. Denied.
28. Denied.
29. Denied.
AFFIRMATIVE DEFENSES
A. For further answer and for its first affirmative defense, defendant states that plaintiffs' Petition fails to state a claim upon which relief can be granted.
B. For further answer and for its second affirmative defense, defendant states that there is no coverage and plaintiffs are barred from recovery under the subject insurance policy because plaintiffs have refused to cooperate with defendant in its claim investigation, refused to submit a proper and complete proof of loss, refused to submit to examinations under oath, and refused to produce certain records and documents; all of which have resulted in substantial prejudice to defendant, and all of which constitute breaches of the following conditions precedent to recovery contained in the insurance policy:
CONDITIONS - SECTION I

1. WHAT YOU MUST DO IN CASE OF LOSS
If a covered loss occurs the insured must:
c .. Make a list of all damaged and destroyed property, showing in detail quantities, costs, Actual Cash Value (ACV), and amount of loss claimed.
d. Send to us, within 60 days after loss, the above list and a proof of loss signed and sworn to by the insured, including:
(1) The time and cause ofloss.
(2) The interest of the insured and all others in the property. (3) All debts or liens on the property.
(4) Other policies covering the loss.
(5) Changes in title, use, occupancy, or possession of the property, and
(6) If required, any plans and specifications of the damaged dwelling, other structures, or fixtures.
f. Submit to examinations under oath by any person named by us and sign the transcript of the examinations.
g. Produce for examination, with permission to copy, all books of account, bills, invoices, receipts, and other vouchers as we may reasonably require. 

GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II 

10. COOPERATION
You must cooperate with us in performing all acts required by this policy.
C. For further answer and for its third affirmative defense, defendant states that there
is no coverage and plaintiffs are barred from recovery under the subject insurance policy because
plaintiffs filed the instant lawsuit prior to complying with each of the conditions precedent to
recovery contained in the insurance policy, which resulted in substantial prejudice to defendant,
and which constitutes a breach of the conditions precedent to recovery set forth in paragraph
above. 

WHEREFORE, having answered Count II of plaintiffs' Petition, defendant prays that this
Court dismiss Count II with prejudice, for its costs herein expended, and for such other and
further relief as this Court deems just and proper under the circumstances.
Robert L. Brady #4752. BROWN & JAMES, P.C. Attorneys for Defendant
1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 314-421-3400
314-421-3128 - FAX

A true and correct coPy ofthe foregoing sent via the United States Postal Service, firstclass postage prepaid, this 4t day of August, 2003 to: Mr. Lawrence W. Ferguson, Lawrence W. Ferguson & Associates, Attorney for Plaintiff, 800 N. Providence, Ste. 103, Columbia, MO 65203-4360



(THE DISMISSAL)
IN THE CIRCUIT COURT OF THE COUNTY OF HOWARD STATE OF MISSOURI
FILED MAR 25 2004 CHARLES FLASPOHLER Circuit Clerk, Howard County, Mo.
CLIFFORD L. BARTON and BARBARA A. BARTON,
plaintiff

vs.

FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Defendant. 
No. 03CV177019 ) 
03/04/05
STIPULATION FOR D!SM!SSAL
Come now the parties, by and through undersigned counsel, and, having reached a
compromise settlement, hereby stipulate that this cause of action shall be dismissed with
prejudice, each party to bear its own costs. 
Lawrence W. Ferguson, 800 N. Providence, Suite 103 Columbia, MO 65203-4360 (573) 874-2053 (573) 874-5640 FAX 7594161
 Attorney for Plaintiff

Robert L. Brady, #47522 Brown & James, P.C. Attorneys for Defendant
1010 Market Street, 20th Floor St. Louis, MO 63101 314-421-3400 314-421-3128 FAX