IN THE CIRCUIT COURT OF CLAY COUNTY STATE OF MISSOURI
JURY TRIAL DEMANDED
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI 
Plaintiff
vs.)
RICHARD AND MONICA BOOSE)
Serve: Richard and/or Monica Boose 307 North Gallatin StreetLiberty, MO 64068

Defendants.
Case No.CVI04-000303 CC
PETITION FOR DECLARATORY JUDGMENT
COMES NOW Plaintiff, Farm Bureau Town & Country Insurance Company of Missouri, pursuant to Rule 87 of the Missouri Rules of Civil Procedure and §527.100 RSMo., and for its Petition for Declaratory Judgment against Defendants Richard and Monica Boose, states as
follows:
1. Plaintiff is a Missouri corporation licensed to conduct business in the State of Missouri.
2. Upon reasonable information and belief, Defendants were, at all relevant times, residents of Clay County, Missouri.
3. This Court has jurisdiction because the events giving rise to the claim occurred in
4. Plaintiff issued a Homeowners insurance policy to Defendants having policy number PRO 0221195 02 and a policy period of August 28, 2002 through August 28, 2003 on certain property located at 307 North Gallatin St, Liberty, Missouri 64068. A copy of the policy
is attached hereto and incorporated by reference herein as Exhibit A.
5. Defendants claim that on or about May 4,2003, while the aforesaid policy was in full force and effect, the residence and certain personal property contained therein, sustained damage as a result of a tornado.
6. On or about July 14, 2003, Defendants submitted a proof of loss to Plaintiff, whereby Defendants presented a claim under the aforesaid policy in the amount of Two-Hundred and Sixty Seven Thousand and Four Hundred and Seventy Five Dollars ($267,475).
7. The aforementioned policy of insurance, attached hereto as Exhibit A, contains the following condition: 
GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II 
CONCEALMENT, FRAUD, OR MISREPRESENTATION
We do not provide coverage for any insured who has concealed any fact, made fraudulent statements, misrepresentations, or engaged in fraud in connection with any application for insurance, accident, or loss for which coverage is sought under this policy.
8. There is no coverage for Defendants' claimed loss and Defendants are barred from recovery under the policy because Defendants intentionally concealed and/or misrepresented the extent of the damage to their personal property and otherwise presented an
inflated, overstated and fraudulent claim for personal property damage, and, as such, Defendants
breached the afor~mentioned policy condition referenced in paragraph 7 above.
9. The aforementioned policy of insurance, attached hereto as Exhibit A, contains the following condition: 
CONDITIONS - SECTION I 
WHAT YOU MUST DO IN CASE OF A LOSS
If a covered loss occurs the insured must:
b. Protect the property from further damage, making necessary and reasonable repairs to protect the property, and keep records of the cost of repaIrs. 
10. There is no coverage for Defendants' claimed loss and Defendants are barred from recovery under the policy because Defendants failed to take steps to protect the dwelling and personal property from further damage, and, as such, Defendants breached the
aforementioned p~licy condition mentioned in paragraph 9 above.
11. The aforementioned policy of insurance, attached hereto as Exhibit A, contains the following exclusion:
GENERAL EXCLUSIONS - APPLICABLE TO ALL LEVELS OF PROTECTION
We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other causes or events that contribute concurrently or in any other sequence to the loss.
10. Neglect of any insured to use all reasonable means to protect covered property at and after the time of loss or when property is threatened by an insured peril.
12. There is no coverage for Defendants' claimed loss and Defendants are barred from recovery under the policy because Defendants failed to protect their dwelling and personal property from further loss as required by the policy; and as such, coverage is specifically excluded pursuant to the aforementioned policy exclusion referenced in paragraph 10 above.
13. The aforementioned policy of insurance, attached hereto as exhibit A, contains the following condition:
GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II 
You must cooperate with us in performing all acts required by this policy.
14. During Plaintiffs investigation of the claim, Defendants refused and/or failed to produce certain records and documents requested by Plaintiff, and thereby breached the policy condition referenced in paragraph 12 above.
15. Plaintiff brings this action for a declaration of the parties' rights and obligations under the law and under the policy of insurance.
16. An actual and justiciable controversy exists between Plaintiff and Defendants, and the resolution of the matters raised in this Petition for Declaratory Judgment will dispose of all issues between the parties under the policy.
17. All necessary and proper parties are before the Court for the matter in controversy, and' there is no other litigation between the parties concerning the rights and obligations under the policy.
18. Plaintiff is reserving and preserving any and all rights and defenses under the policy of insurance and the law.
19. As a result of Defendants' misrepresentations and fraudulent conduct, Plaintiff has sustained damage in that it has incurred attorney's fees and expenses. 
20. Fraudulent conduct is a recognized "special circumstance" that allows a prevailing party in a declaratory judgment action to recover its attorney's fees and expenses at the discretion of the Court.
21. Should Plaintiff prevail on its Petition for Declaratory Judgment at trial, Plaintiff requests that the Court allow post-trial motions on Plaintiffs damages.
WHEREFORE, Plaintiff, Farm Bureau Town & County Insurance Company, prays that
this Court: (1) declare the rights of the parties under the aforementioned policy of insurance; (2)
enter judgment finding, adjudicating, and declaring that the policy provides no coverage as a
result of the policy condition pertaining to an insured's fraudulent conduct; (3) enter judgment
finding, adjudicating and declaring that said policy provides no coverage for the loss at issue due
to Defendants' misrepresentations in the presentation of their claim; (4) find that no coverage for
this loss exists because Defendants breached the express conditions of the policy; (5) find that
Defendants' claim is excluded pursuant to exclusions of the policy; (6) find that Plaintiff is not in
any manner liable under the policy to Defendants for the claim made by Defendants or for any
proceeds under said policy of insurance; (7) order that Plaintiff is entitled to reimbursement from
Defendants for attorney's fees, expenses, and costs herein incurred in this matter; and (8) award
Plaintiff such other and further relief as this Court deems just and proper under the
circumstances.
Robert L. Brady # 47522 BROWN & JAMES, P.C. Attorneys for Defendant
1010 Market Street, 20th Floor St. Louis, Missouri 63101 (314) 421-3400
(314) 421-3128

 

(Letter from Farm Bureau attorney to Circuit Court, Clay County)
Robert L. Brady Direct: 314-242-5273 Fax: 314-242-5473 rbrady@bjpc.com Brown and James Law Firm
Ms. Rita Fuller Justice Center Clay County
11 S. Water St. Liberty, MO 64068
1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 Phone 314-421-3400 www.brownjames.com
January 12, 2004
In re: Farm Bureau Town & Country Insurances Company of Missouri v. Richard & Monica Boose
Our File No.: 09480-34499
Dear Ms. Fuller:
Enclosed please find our check in the amount of $100.00 for the filing fee of our Petition for Declaratory Judgment which we ask to be filed with the court. We respectfully request that you withhold service at this time. Please return a file stamped copy in the envelope provided. Thank you.
RLB/ls Enclosure 7565361
Very truly yours, 
Robert L. Brady 
St. Louis, Missouri • Kansas City, Missouri • Belleville, Illinois • Springfield, Missouri 

 

(The courts notice of intent to dismiss for non action)
IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI SEVENTH JUDICIAL CIRCUIT Liberty, Missouri 64068
March 30 2006
ROBERT L BRADY BROWN & JAMES PC
1010 MARKET ST 20TH FLOOR ST LOUIS! MO 63101
FARM BUREAU TOWN & CO INS CO Plaintiff
Case Number CV104-000303 CC
vs
RICHARD BOOSE! etal
Defendant
To: *FILE COPY*
You are hereby notified that the above mentioned cause will be dismissed for want of prosecution on April 26 2006 at 09:00 Am by the
Honorable Anthony Rex Gabbert! Division TWO! unless good cause is shown to set the cause on the active trial docket for further proceedings! in which case the cause will be set for trial on a date certain with no further notice.
Stephen Haymes! Circuit Clerk Circuit Court of Clay County 7th Judicial Circuit Court
State of Missouri
By Clerk Stephen Haymes