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| 2010 RECENT UPDATES 7/21/2010 This email came today From: xxxxxxxxxx
Phone: xxxxxxxxxx E-mail: xxxxxxxxx
Message:
my house burned an fb is deining my claim plz plz send me a bumper sticker thanks sonny My Answer xxxxxx, Sorry to hear of yet another Farm Bureau member being cheated out of a claim. It happens on a regular basis to Farm Bureau members who have paid their premiums faithfully and then suffered a loss. I am waiting for new stickers, will send one when they arrive, I will need a mailing address. thanks for viewing my website, Lucky
7/21/2010 I plan to be at the 2010 Missouri canoe race starting in Kansas City with my Farm Bureau boatmobile taking pictures and floating along with the canoes. I try to stay out of the way so come on in close to my boat for better pictures if you like. I will post them on this website as I have done in 08 and 09. Thanks for viewing my website, Lucky Gash 7/15/2010 l have received this e-mail with permission to post it without names. Most people who e-mail me fear causing more repercussions from Farm Bureau by making it even harder to get fair treatment with their claim. From: XXXXXX
E-mail: XXXXXX
Message:
We found your website. we live in Georgia & have had runarounds for a year & a half since our house fire.
we did receive some settlement but not completely. we had a hard wood floor that they will not pay full
price on. our insurance was also cancelled 2 months after fire & the insurance commissioner forced them to
reinstate it! we had never had a claim & had been with them for 5 years.
the adjusters are some of the most unprofessional, ill trained & uninformed people i have ever dealt with in
my 42 years of life. stay clear! we had several service professionals tell us they had problems dealing with
Farm Bureau as well. feel free to post this without my name & sorry it happened to you guys
XXXXX My answer, Thanks for viewing my website, and for letting me post it for others to see and benefit from. Most people who e-mail me have already had a claim denied by Farm Bureau and fear added repercussions from them if they associate with this website. Thanks again, Lucky
6/22/2010 Farm Bureau operates the insurance sales portion of its business with an advantage over other insurance companies. They sell insurance with many benefits provided by being a tax exempt organization that other insurances companies don't get. Even with this advantage they still choose to adhere to the corrupt "Mckinsey Slides" claims tactics explained elsewhere in this website. Click on this link to see their income tax return for the year 2008. Farm Bureau 990.pdf Farm Bureau, the non-profit, tax-exempt organization which calls itself the "voice of agriculture," is a rural institution known to family farmers across the U.S. But many farmers will learn that in recent years, while tens of thousands of farmers are sinking in debt, the association they support with their annual dues has been building a for-profit business empire worth billions. And, it is investing millions of dollars in some of the same giant agribusiness corporations the Farm Bureau's members say are driving them out of business.
3/23/2010 Here is yet another example of Farm Bureau's cheating practices. I get e-mails like this one daily. Hello. I am involved in an insurance battle with farm bureau as well. On 4-9-07, an
individual driving a 4 x 4 pickup ran a red light on a highway as I was going across(on a green light) in my van. As a result of this accident I spent 10 days in the hospital, had 8 broken ribs, a fractured knee, bruised spleen. I continue to suffer from neck and shoulder pain. My knee will probably need early knee repacement. As of this date, farm bureau has failed to make a fair settlement offer. I am now being sued by credit agencies for nonpayment of hospital and medical bills. I already hired a lawyer. He has advised us to settle. My husband does not want to. To top it all off, I made a sarcastic remark about farm bureau on my facebook page. The lawyer called today and left a message that he needed to visit with me about it, as another farm bureau agent must have gotten wind of it. Guess I should have kept my big mouth shut. Is there any way to win against a big insurance company like this??? Xxxxx My Answer: Xxxxx, Farm Bureau is one of the worst insurance companies for delaying and denying claims. They maintain hundreds of these denials and lawsuits against their policyholders on a continual basis. They keep as many ongoing claim denials as their lawyers and adjusters can handle. They do it like a factory assembly line, as one case is settled another one is started. This makes them millions of dollars every year. Few people can withstand their onslaught of lawyers and adjusters. They practice the McKinsey Slides Tactics, and those tactics are hard to beat. I can only say get what you can from them, and take it as lesson to never do business with them again, and pass on their cheating practices to as many people as you can to save others from similar disasters. Check some of the other lawsuits on my website to get an idea of what they do on a regular basis to their policyholders, and to see whats in store for you if you go to court, and maybe you and your lawyer can find something to help in your case. Sorry for your ordeal, and thanks for viewing my website. Lucky 2/22/2010 Here is another example of Farm Bureau's unfair claims practices. I get many similar e-mails, this one came today. From: xxxxxxx
Phone: xxxxxxxx E-mail: xxxxxxxxxx
Message:
WE HAVE BEEN WITH FARM BUREAU FOR ABOUT 12 YEARS , WE FILLED A CLAIM AND THEY PAID US A PERCENTAGE OF WHAT WE SENT IN, WE DID NOT FIGHT WITH THEM, JUST GOT MOST EVERYTHING FIXED, THEN A YEAR LATER THE HOUSE GOT STRUCK BY LIGHTING, KNOCKED OUT ALL KINDS OF STUFF, WE GOT AN ESTIMATE AND AGAIN THEY PAID A PERCENTAGE OF WHAT WE SENT IN, NOW THEY HAVE TOLD US WE ARE HIGH RISK AND THEY ARE DROPPING US. IM SURE THIS WILL AFFECT OUR NEXT INSURANCE RATES IF WE CAN GET HOUSE INSURANCE. We received a letter in the mail saying there is a class action lawsuit in Oklahoma against them for not paying people for their claims, or a percentage, have you heard anything about this. My Answer. No I have not heard about a suit in Oklahoma. If I do I will post it on my website. Lucky Gash 2/21/2010 I am going to add a new page on the left column with information on the MANNA OF UTAH company that is proposing to build a non-fossil fuel generator plant in Odessa, Missouri. Watch for news updates.(this is a little off target, but there is one little connection, Odessa does has a Farm Bureau Office here.) 1/20/2010 DURING THE YEAR 2009 MISSOURI FARM BUREAU WENT TO COURT WITH 74 DIFFERENT POLICYHOLDERS. AS OF TODAY FARM BUREAU HAS 43 ACTIVE LAWSUITS ALL OVER MISSOURI. DURING THE YEAR 2009 FARM BUREAU HAS USED THEIR UNFAIR CLAIMS PRACTICES TO FORCE SETTLEMENTS WITH 31 POLICYHOLDERS, MOST FOR PENNIES ON THE DOLLAR. FARM BUREAU HAS STARTED THIS YEAR, 2010, WITH A SUIT FILED ON 1/5/2010 AGAINST LESTER GALBRAITH IN BUTLER COUNTY MISSOURI. AS USUAL THEY ARE USING ROBERT BRADY AND THIER GIANT LAW FIRM BROWN AND JAMES. THE NUMBER OF CLAIMS THEY SUCCESSFULLY DENY AND SETTLE WITHOUT EVEN GOING TO COURT IS UNKOWN BY ME, BUT JUDGING FROM MY E-MAILS THERE ARE MANY. FARM BUREAUS LAWSUITS ARE ALL SO SIMILAR, AND USE THE SAME UNFAIR TACTICS THAT FARM BUREAU HAS USED IN ALL THEIR UNFAIR CLAIM DENIALS. THE CASES ARE ALL THE SAME, OVER AND OVER AND OVER. 1/20/2010 Another E-Mail that might be of interest. From: XXXXXX
E-mail: XXXXXX
Message:
I think to get the word out even more you should get on YouTube.com and put up a few videos about the truth. I looked at your website in the past and saw alot of things me and my family went through. This site helped me in mediation, and was settled. They where some what shocked that this site was here!. My attorney told them he was going to use this site in court. I would like to say thank you!. But try YouTube it gets the word across to millions of people for free. Thanks, XXXX 1/2/2010 (I'll post this e-mail that came today, Farm Bureau is starting the new year with their unfair claims practices just like last year, and on and on.) Date: Sat, 2 Jan 2010 04:01:19 -0800
From: ContactUsForm@officelive.com
To: LUCKY@farmbureauLIES.com
Subject: A message from xxxxxxx
You have received the following message through the Contact Us form on your Microsoft Office Live Small Business Web site:
From: xxxxx
E-mail: xxxxxx Message:
Oh my, I wish I would have found this site before I purchased the insurance with this company. My husband and I are going through hell right now with this company. Same story, they are trying to low ball us with a check for $2000.00 when the bids came out to $9000.00. We were just going to pay a carpenter the money to complete some of the work. But the siding is another story. I feel so depressed that I used this company. We have never used our insurance. I am going to leave them. Dam.
Do you have anymore bumper stickers. My husband, daughter, and me need one.
My answer Angela, Sorry about your ordeal with Farm Bureau. There are many more in your same situation. I just ran out of bumper stickers, right now I have a new design on order. I will send some when they arrive. Keep me informed about your claim problems. Thanks for viewing my website, Lucky
12/31/09 Farm Bureau lost in court, Jury ruled for policyholder. Farm Bureau denied Troy Meyers claim for a fire loss and conducted a malicious campaign against him. Troy fought back with his attorney, Jacob Garrett and won. The jury ruled that Farm Bureau had to pay Mr. Meyers full claim amount, interest, and his attorney's fees. Few people are able to withstand Farm Bureaus vicious onslaught of crippling delays, character assassination, false accusations, unfair interrogations, and their giant law firm, Brown and James. Their lawyer, Bob Brady, who has made a lifetime career fighting for Farm Bureau finally had to actually go before a Jury in this case, and lost. They usually are able to beat a policyholder down with their unfair claims tactics way before going to trial. Of over 200 denials and lawsuits Farm Bureau has only had to face a jury less than 10 times, and lost in most of those too. Good Luck Mr. Meyers, and thanks from me and all other policyholders for standing up for your rights. (here is the entry from the other lawsuits page about this case} 5/20/08 TROY MEYERS V FB BREACH OF CONTRACT, MALICIOUS PROSECUTION, DEFAMATION OF CHARACTER, HOWELL CO. 08AL-CV00070 (My short analysis, On Oct. 26, 2006 Troy Meyers paid $555.23 to Farm Bureau to insure his home for $48,375.00. On May 30th. 2007 his home burned. Farm Bureau denied the claim as they so often do. After a year of delay caused by Farm Bureau Meyers is forced to file this suit to make them pay his claim. During this year Farm Bureau used their vicious tactics on him similar to what they did to Mr. Blakeman from Richmond Mo. in 2003. That case was "Blakeman vs FB Jackson Co. Mo. 03CV230702". In that case Blakemans truck was stolen and burned. Farm Bureau denied the claim and accused Blakeman of burning it himself. But the Jury decided Blakeman had nothing to do with it and Farm Bureau should pay the claim plus damages. Lets hope Meyers' case has the same outcome. I'm sure it will because this is typical of Farm Bureau to do anything to cheat a policyholder out of their claim). 11/16/09 To the lady who e-mailed me today about the examination under oath, and any one else facing one. Farm Bureau uses this tactic on a regular basis to search for a reason to deny a claim. If you cannot afford one, or don't have time to get an attorney, you can make at least one request for more time by writing them a letter. If you do attend EUO by yourself, be as relaxed, calm, and truthful as you can. Their goal is to get you nervous, confused, and mixed up enough to make a mistake that they can use against you. They are experts at this game. You must be calm, relaxed, and deliberate in your answers. Don't volunteer any information, and answer with yes or no, don't elaborate, they will use tactics that will intice you to elaborate, believe it or not thats where they get most of their ammunition to use against you later. They will send you a transcript of the EUO for you to read over and either sign it, or make revisions before you sign. This is important as you can read everything in the peace and comfort of your home. If you need to change or alter any of your answers you can at that time. (be sure and read the "Examination Under Oath" page in the left column of this page.) 10/22/09 Today I learned of a recent article written for the Missouri Bar Magizine concerning my law suit against Lafayette County Planning and Zoning for refusing to rezone my property from Ag. to B2 commercial. I have posted it at the bottom of the "Zoning Issues" page on the left panel. It is an eye opener about Zoning, and our Supreme Court Judges and how they work. 10/16/09 A recent e-mail about Farm Bureau. From: XXXX Phone: XXXXX
E-mail: XXXXXX Message:
Thank you for sending me the bumper stickers. I really do appreciate it. I have placed them on my vehicles so all can see. I would love to see these sorry suckers go out of business. They cancelled my home owners insurance for 1 claim of under $15,000.00 dollars it was a tractor fire by lightning. I even had estimates for the tractor showing it's worth. I had to fight them every step to just get paid, it was truly unbelieveable?? Since I made them pay me what the insurance policy called for they decided to cancel me. If I can be of any assistance in your and my fight against them let me know. BEST WISHES AND THANKS AGAIN!!! KEEP FIGHTING
XXXXXX
9/24/09 I just learned something new about Farm Bureau's lawfirm, Brown & James. One of my emailers informed me that they had just received a letter from them requesting an examination under oath. The letter was from Robert Brady, one of Brown & James's lawyers, but the insurance was Allstate, not Farm Bureau, I guess they Probably do a lot of work for other Insurance companies to. 9/17/09 I have added a for sale page on the left panel for anyone interested in the trucks, and other surplus items I have for sale at the billboard location. I am retiring from the Army Surplus business and hope to dispose of all remaining inventory quickly. This business has kept me very busy the last few years, once I finally retire I can and will devote more time to this website, and exposing Farm Bureau's unfair and unethical claims denial practices. 9/16/09 I will post this e-mail I received today about the billboard. From: D T
E-mail: XXXXXXX
Message:
I am a truck driver and have seen the original billboard several times, just now decided to check out the website. I wanted to thank you, after reading about all the denials of claims, helped me make the choice to NOT use farm bureau for my insurance. I was also wanting to know if you have a website to view the vehicles for sale and purchase price's. Again, Thank you. My answer: D. T. Thanks for viewing my website, You can see the Army Trucks listed on Craigs List, Kansas City, Just enter my phone Number exactly like this, 816-682-2838 in the search box on Craigs List and all my listings will show up. The prices all range from $2500.00 to $5000.00 each. They all run perfect. By the way the billboard has been up over three years and is beginning to fad a little, so I may need to put a new face up soon. Any suggestions from you, or anyone for new wording will be appreaciated. Thanks again, Lucky
8/30/09 Watch for the Farm Bureaumobiles during the Tour of Missouri bike race in September 09. 8/18/09 I have now added all the Canoe Race pictures I have, see you next year. 8/4/09 I will begin posting the Missouri River Canoe Race pictures tonite. Click on the Canoe Race 2009 Page to view the Pictures. It may take me a few days to get them all downloaded. I hope you enjoy them. 6/16/09 This is a little different type of e-mail than I usually get, so I will post it for viewers. Date: Tues. 6/15/2009 09:32:08 -0700
From: ContactUsForm@officelive.com
To: LUCKY@farmbureauLIES.com
Subject: A message from Jason
Message: Dear Maurice:
I just wanted to thank you again for the help and the use of the funnel on Saturday. We’re the ones that had the lincoln over heating. We made it to the lake and all went well. I visited your website today and learned that my grandparents have Farm Bureau Insurance, not after Tuesday. I'm taking them to get new insurance, grandma was horrified by the stories on your web site. Thanks for the heads up. And keep the good fight going there are still good and fair people out there I believe that not all is lost.
Thanks
Jason My answer: Jason, glad you made it ok. Thanks for viewing my website. Maurice (Lucky) 6/10/09 (Farmbureaulies will be on hand in the boatmobile at this years Missouri River MR340 Canoe Race in August, as we were last year.) We will again post pictures of the race on our website. 5/22/09 (Notice to all who sent emails this month) I have been on vacation most of this month, but will be back soon. I will answer all emails soon, sorry for the delay. And thanks for viewing my website. Lucky 4/15/09 (one of todays e-mails) Date: Wed, 15 Apr 2009 09:32:08 -0700
From: ContactUsForm@officelive.com
To: LUCKY@farmbureauLIES.com
Subject: A message from Scott
Message: What was the specific reason why your claim was denied? I work for a construction company that does a lot of work for people that have storm damage.
When you sued, did farm bureau pay up?
What did the dept. of insurance do?
I read the gash claim suits, but I was confused by them. (I saw your sign from I-70, I'm from Nebraska)
Thanks Scott (my answer) Scott, Farm Bureau denied my claim because I failed to provide all the information they ask for, because I overstated my losses, because I provided them with fraudulent information concerning my claim. These were all total lies. By getting me to accept their out of court settlement offer they did not have to prove their accusations. They still use these same tactics today, deny the claim for any reason, cause delay after delay to cause hardship on the policyholders, then when the policyholders are at their wits end get an out of court settlement with out ever having to prove any of their accusations . They have used the same law firm and even many of the same lawyers for over 10 years. These unfair and fraudulent tactics are used by some other insurance companies too, they are called "The McKinsey Slides Tactics" and they are very effective. Several years after the fire, and after much fear, anxiety, and personal and financial stress, Farm Bureau paid me $125,000.00 of a $300,000.00 loss claim to settle out of court. The Missouri Dept. of Insurance did nothing for me except waste time and money communicating with them, and cause more disillusionment for me. Thanks for viewing my website, Lucky Gash
4/13/09 (Here is another example of Farm Bureaus infair claim denial tactics still being carried on by Farm Bureau and their giant law firm Brown and James. This illicit and deceitful activity has been going on for over 5 years.) 4/21/08 BRET MERSEAL V FB BREACH OF CONTRACT ST. FRANCOIS CO. 08SF-CC00444 NOT DISPOSED (Merseals Petition against Farm Bureau) STATE OF MISSOURI, COUNTY OF ST. FRANCOIS
IN THE CIRCUIT COURT OF ST. FRANCOIS COUNTY, MISSOURI
BRET MERSEAL and GLENDA MERSEAL Plaintiffs -vs- FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI, Defendant
Cause No. 08SF-CC00444
FIRST AMENDED PETITION FOR DAMGES COME NOW Plaintiffs, by and through counsel, and for Count I of their cause of action against Defendant Farm Bureau Town & Country Insurance Company of Missouri, state as follows: COUNT I (Breach of Contract) 1. Plaintiffs Bret and Glenda Mersea1 are now and were at all times herein mentioned citizens of the State of Missouri. 2. Defendant Farm Bureau Town & Country Insurance Company of Missouri is now and was at all times herein mentioned a duly organized and existing Missouri insurance company engaged in the business of issuing insurance policies to the public for consideration, and was registered to do business in the State of Missouri. 3. That at all times herein mentioned, Defendant acted both individually and by and through its agents, servants, and employees, who at all times herein mentioned acted within the course and scope thereof. 4. That at all times herein mentioned Plaintiffs owned, maintained and occupied certain real and personal property, including a one family frame dwelling, located at 509 Pamela Courtin Bonne Terre, Missouri (hereinafter referred to as the "Dwelling"). 5. That on or about the 7th day of April, 2006, an accidental fire totally destroyed the Dwelling. 6. That prior to the date of the aforesaid fire, Defendant issued to Plaintiffs a policy of homeowners insurance, Policy No. PRO 0240943 04 (hereinafter referred to as the "Policy"). A true and accurate copy of the Policy is attached hereto as Exhibit 1 and incorporated herein by this reference. 7. The Policy constitutes a valid and binding contract of insurance between Plaintiffs and Defendants the terms of which are fully set forth in the Policy and its declaration page. A true and accurate copy of the Policy declaration page is attached hereto as Exhibit 2 and incorporated herein by this reference. 8. That the Policy provided coverage such that Defendant must pay to Plaintiffs all sums for damages to the Dwelling incurred as a result of the sudden, accidental and direct loss to the Dwelling, any personal property physically destroyed or to which Plaintiffs lost use as a result of such loss, and all necessary and reasonable increases in living expenses incurred by Plaintiffs as a result of such loss. 9. That the Policy was in full force and effect on the date of the fire. 10. That at all times herein mentioned, Plaintiffs complied with all terms and conditions precedent of the Policy including properly and honestly reporting their claim for the fire with Defendant. 11. That Defendant denied Plaintiffs claim in its entirety and, therefore, refused to perform its obligation under the Policy to pay Plaintiffs for the damages they sustained as a result of the fire as more fully set forth in Paragraph 8. 12. That such denial by Defendant constitutes a breach of the Policy by Defendant. 13. That as a direct result of such denial Plaintiffs have lost the use and enjoyment of the Dwelling and of certain personal property in the dwelling at the time of the fire. WHEREFORE, Plaintiffs state that they have been damaged, for which damage they pray judgment against Defendant Farm Bureau Town & Country Insurance Company of Missouri in such sum as may be fair and reasonable in the premises, but in excess of Twenty-Five Thousand Dollars ($25,000.00), together with pre-judgment interest, post-judgment interest, attorneys' fees and their costs in this behalf expended. COUNT II (Vexatious Refusal to Pay, §375.420 RSMo) COME NOW Plaintiffs, by and through counsel pursuant to §375.420 RSMo, and for Count II of their cause of action against Defendant Farm Bureau Town & Country Insurance Company of Missouri, state as follows: 14. Plaintiffs re-allege paragraphs 1 through 13 as though fully set forth herein. 15. That at all times herein mentioned Plaintiffs owned, maintained and occupied the Dwelling.
16. That on or about the the 7th day April, 2006, an accidental fire totally destroyed the Dwelling.
17. That prior to the date of the aforesaid fire, Defendant issued to Plaintiffs a policy of homeowners insurance, Policy No. PRO 0240943 04 (hereinafter referred to as the "Policy"). A true and accurate copy of the Policy is attached hereto as Exhibit 1 and incorporated herein by this reference. 18. That the Policy provided coverage such that Defendant must pay to Plaintiffs all sums for damages to the Dwelling incurred as a result of the sudden, accidental and direct loss to the Dwelling, any personal property physically destroyed or to which Plaintiffs lost use as a result of such loss, and all necessary and reasonable increases in living expenses incurred by Plaintiffs as a result of such loss. 19. That the Policy was in full force and effect on the date of the fire. 20. That at all times herein mentioned, Plaintiffs complied with all terms and conditions precedent of the Policy including properly and honestly reporting their claim for the fire with Defendant. 21. That Defendant denied Plaintiffs claim in its entirety and, therefore, refused to perform its obligation under the Policy to pay Plaintiffs for the damages they sustained as a result of the fire as more fully set forth in Paragraph 18. 22. That the denial of Plaintiffs claim by Defendant was willful and without reasonable cause or excuse. WHEREFORE, Plaintiffs state that they have been damaged, for which damage they pray judgment against Defendant Farm Bureau Town & Country Insurance Company of Missouri in such sum as may be fair and reasonable in the premises, but in excess of Twenty-Five Thousand Dollars ($25,000.00), together with pre-judgment interest, post-judgment interest, attorneys' fees, punitive damages and their costs in this behalf expended. CASEY & DEVOTI, P.C. Attorneys for Plaintiffs 100 North Broadway, Suite 1000 St. Louis, Missouri 63102 (314) 421-0763 Fax (314) 421-5059 A true copy of the foregoing has been served upon Defendant by depositing the same in the United States mail, postage pre-paid, this 21st day of April, 2008, addressed to the attorney of record herein, Mr. Robert L. Brady, Attorney at Law, 1010 Market Street , 20th Floor, St. Louis, Missouri, 63101. (Farm Bureaus answer to the Merseals Petition) IN THE CIRCUIT COURT OF THE COUNTY OF ST. FRANCOIS STATE OF MISSOURI
BRET MERSEAL and GLENDA MERSEAL, Plaintiffs, v. FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI, Defendant.
cause No. 08SF-CC00444 DEFENDANT'S ANSWER TO PLAINTIFFS' FIRST AMENDED PETITION COMES NOW Defendant, Farm Bureau Town & Country Insurance Company of Missouri, by and through the undersigned counsel, and for its Answer to Plaintiffs' First Amended Petition, states as follows: COUNT I 1. Defendant is without sufficient information to form a belief as to the truth or falsity of the allegation contained in Paragraph 1 and, therefore, denies the same. 2. Admit. 3. Deny. 4. Deny. 5. Deny. 6. Defendant admits that it issued a policy of insurance to Plaintiffs having Policy Number PRO 0240943 04; and having a policy period of April 1, 2006 to April 1 2007. Defendant denies each and every remaining allegation contained in Paragraph 6 of Plaintiffs Amended Petition. 7. Defendant admits that it issued a policy of insurance to Plaintiffs having Policy Number PRO 0240943 04; and having a policy period of April 1, 2006 to April 1, 2007. Defendant denies each and every remaining allegation contained in Paragraph 7 of Plaintiffs' Amended Petition. 8. Deny 9. Admit 10. Deny 11. Deny 12. Deny 13. Deny
AFFIRMATIVE DEFENSES A. For further answer and Defendant's first affirmative defense, Defendant states that Count I of Plaintiffs' Petition fails to state a claim upon which relief can be granted. B. For further answer, and Defendant's second affirmative defense, Defendant states that there is no coverage and Plaintiffs are barred from recovery under the insurance policy because Plaintiffs intentionally misrepresented the extent and amount of their personal property claim. As such, coverage for the claimed loss is specifically precluded pursuant to the following provisions contained in the policy:
GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II
5. 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. * * * C. For further answer and Defendant's third affirmative defense, Defendant states that Plaintiffs are judicially estopped from recovering insurance proceeds for any personal property allegedly damaged by the fire which was not disclosed to the United States Bankruptcy Court in Plaintiffs' Voluntary Petition for Chapter 7 Bankruptcy dated October 13,2007. SET-OFF As a result of Plaintiffs' intentional act and fraud, Farm Bureau has made payment to the mortgage holders on the insured dwelling in the amount of $134,262.51. Farm Bureau is specifically requesting that any judgment in favor of Plaintiffs in this matter be reduced by the amount of Farm Bureau's payment to the mortgage holder ($134,262.51.) COUNT II 14. Defendant restates and incorporates herein by reference Paragraphs 1 through 13 of Defendant's Answer to Plaintiffs' Amended Petition. 15. Admit. 16. Deny. 17. Defendant admits that it issued a policy of insurance to Plaintiffs having policy Number PRO 0240943 04; and havmg a policy peroid of April 1, 2006 to April 1 2007. Defendant denies each and every remaining allegation contained in Paragraph 17 of Plaintiffs' Amended Petition.
18. Deny. 19. Admit. 20. Deny. 21. Deny. 22. Deny. AFFIRMATIVE DEFENSES A. For further answer and Defendant's first affirmative defense, Defendant states that Count II of Plaintiffs' Petition fails to state a claim upon which relief can be granted. B. For further answer, and Defendant's second affirmative defense, Defendant states that there is no coverage and Plaintiffs are barred from recovery under the insurance policy because Plaintiffs intentionally misrepresented the extent and amount of their personal property claim. As such, coverage for the claimed loss is specifically precluded pursuant to the following provisions contained in the policy: * * * GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II * * * 5. 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. * * * J C. For further answer and Defendant's third affirmative defense, Defendant states that Plaintiffs are judicially estopped from recovering insurance proceeds for any personal
property allegedly damaged by the fire which was not disclosed to the United States Bankruptcy Court in Plaintiffs' Voluntary Petition for Chapter 7 Bankruptcy dated October 13, 2007. SET-OFF As a result of Plaintiffs' intentional act and fraud, Farm Bureau has made payment to the mortgage holders on the insured dwelling in the amount of $134,262.51. Farm Bureau is specifically requesting that any judgment in favor of Plaintiffs in this matter be reduced by the amount of Farm Bureau's payment to the mortgage holder ($134,262.51). WHEREFORE, having fully answered Plaintiffs' First Amended Petition, Defendant prays for this dismissal with prejudice, for its costs, and for any further relief this court deems just and proper under the circumstances. Jonathan B. Morrow #58661 BROWN & JAMES, P.c. 1010 Market Street, 20th Floor St. Louis, MO 63101-2000 (314) 421-3400 (314) 421-3128 Facsimile rbrady @bjpc.com jmorrow@bjpc.com Attorneys for Defendant 4/9/09 (Here are a few recent horror stories Farm Bureau members have sent me.) 6/14/04 DECLARATORY JUDGMENT FB.V DALTON, ST. FRANCOIS CO.
NOT DISPOSED 04CV612899 (My short analysis, The Daltons house and contents were destroyed in a fire on 12/15/2003. The Daltons filed a claim for $115,000.00. Farm Bureau denied as usual and on 6/14/2004 sued the Daltons for their usual thing, concealment, fraud, misrepresentaion, and for inflating their losses. On 8/13/2004 the Daltons countersued Farm Bureau for Breach of contract to try and force Farm Bureau to pay the claim.)
12/12/08 (Farm Bureau dismissed another suit against one of their members just days before going to trial and trying to prove their false accusations) Here are the specifics of the lawsuit, 11/7/07 FARM BUREAU V COUNTRYMAN PROP DAM. JACKSON CO. 0716-CV32493. Farm Bureau filed the suit seeking $30,000.00 damages on Nov.7, 2007. It was set for trial on Sept. 9, 2008. It was dismissed on Sept. 3, 2008 just six days before trial. Farm Bureau did not have their way this time. (My short analysis, Michael and Tammy Countryman are an unfortunate couple who accidentally caused a fire in their rented home. They are unfortunate because if this house had been insured by any other company they surley would have paid the claim and moved on. But not Farm Bureau, and I blame this on Brown and James as much as Farm Bureau. After all this Robert Cockerham, Farm Bureaus lawyer, is the man who wrote the book on how to sue policyholders and cheat them out of their claims. And he works for Farm Bureau. This is one case where Farm Bureau could have stepped forward on their own and treated these people fair, but no, they are following these greedy lawyers at Brown and James right down the river. Or maybe Farm Bureau is leading them, it's hard to tell. If Farm Bureau has their way, and they usually do this couple will end up with a $30,000.00 judgment over their heads. All over forgetting to take the pot off the stove. And they didn't even buy insurance from Farm Bureau.
12/1/08 (Another claim being denied and delayed by Farm Bureau) Farm Bureau has Robert Brady from their Brown and James law firm working on beating down this policholder in and attempt to force him to accept their lowball settlement offer which as usual will come just before they have to actually go before a jury and prove their case. Farm Bureaus area claims supervisor, Eugene Parton and this lawyer Robert Brady have worked together on hundreds of claim denials in the last five years. They handle it just like clockwork, Parton picks out the claims to deny, and Brady works them in to fit his schedule, and he has been continually working on these Farm Bureau denials for over 5 years. He is an expert by way of repetition, he handles every case the same. Right now after 17 months of delay on this claim he has just filed motions for production of documents against the unlucky Farm Bureau Member who filed a claim. Her are the specifics of this claim denial suit. TROY MEYERS V FB BREACH OF CONTRACT, MALICIOUS PROSECUTION, DEFAMATION OF CHARACTER, HOWELL CO. 08AL-CV00070 NOT DISPOSED (My short analysis, On Oct. 26, 2006 Troy Meyers paid $555.23 to Farm Bureau to insure his home for $48,375.00. On May 30th. 2007 his home burned. Farm Bureau denied the claim as they so often do. After a year of delay caused by Farm Bureau Meyers is forced to file this suit to make them pay his claim. During this year Farm Bureau used their vicious tactics on him similar to what they did to Mr. Blakeman from Richmond Mo. in 2003. That case was "Blakeman vs FB Jackson Co. Mo. 03CV230702". In that case Blakemans truck was stolen and burned. Farm Bureau denied the claim and accused Blakeman of burning it himself. But the Jury decided Blakeman had nothing to do with it and Farm Bureau should pay the claim plus damages. Lets hope Meyers' case has the same outcome. I'm sure it will because this is typical of Farm Bureau to do anything to cheat a policyholder out of their claim). 11/27/08 (One of the defendants has filed an answer to my lawsuit against Farm Bureau for false arrest) The State of Missouri has asked to be dismissed from the suit on the grounds that the State cannot be sued, only State employees can be sued. I believe that may be right so I may drop the State as a defendant and keep only the two employees, Mr. Keathley the Superintendant of the Highway Patrol, and the State Trooper who assisted with my arrest and searched my vehicle with out probable cause or warrants. A precious and valuable Constitutional right was taken away from me when Farm Bureaus CEO Daniel Cassidy made a false, misleading, and malicious police report accusing me of peace disturbance at their office in Jefferson City Mo. We all have a right as citizens of America to be free from unlawful arrest, and search of our homes, vehicles, and person without probable cause, and a warrant. 11/4/08 (Today Missouri Farm Bureau proved once again that they cheat when they deny a claim and go to court with a member. Their denial of Mr. Thompkins claim led to a long four year delay.) As is usual for Farm Bureau and their lawyers, they use the unfair and deceptive tactics from their own play books, and the Mckinsey slides to keep from having to prove their false accusations in court. Today a settlement was made and the case was dismissed in Wayne County Circuit Court. The settlement details will probably be kept secrect as usual. Once again Farm Bureau has denied a members claim, delayed for years, then settled on the Courthouse steps with out having to prove their accusation before a Jury. Here are the specifics of the case. 12/21/04 BREACH OF CONTRACT THERON TOMPKINS, V FB. WAYNE CO. SETTLED 11/3/08 04CV836897 (My short analysis, Tompkins home was damaged in excess of $100,000.00 by an earthquake on 4/21/2004. Farm Bureau denied the claim on 11/19/2004. Farm Bureau claims the damage was from wear and tear, deterioration, settling, cracking, bulging, and inherent vise.) Trial date delayed until 11/03/2008 , 09:00:00 - Jury Trial 11/1/08 (This story came from an Indiana Farm Bureau policyholder)
I recently had water damage to a detached garage. The face page of my Homeowner's policy says that detached garages are covered. I called my agent who said the loss was covered and to have the damage cleaned up. I did so and when the company who cleaned it filed their claim, it was denied. Why? The insurance adjuster said that since I didn't park a car in the garage, it was no longer a garage and not covered. I don't know what else it could be - it has an overhead garage door and an electric garage door opener. There is nothing in this garage since I only have one car and prefer to park in my attached garage. My adult son parked his truck in the detached garage when he lived with me and for the past six years I thought I had coverage on it. I can understand some insurance companies try to get out of paying a large claim, but this was a little over $1,000.00 not anywhere close to the premiums I have paid in the past 6 years.
Nancy, Crawfordsville, Indiana 10/29/08 ( Farm Bureau has another policyholder forced into court) This trial is set for November 3rd and 4th of 2008 in Wayne County Mo. This trial will be of interest to me and this website. I plan to attend with the Farm Bureaumobiles. It is very rare for Farm Bureau to actually take a case all the way to trial. They nearly always use their deceptive and unfair tactics to put such a financial and emotional burden on the policyholder that they are forced to settle before trial. Farm Bureaus law firm Brown & James started this case with Robert Brady as the attorney, but has since taken him off the case. Brady has represented Farm Bureau in over 40 claim denial cases. Here are the specifics about this case. 12/21/04 BREACH OF CONTRACT THERON TOMPKINS, V FB. WAYNE CO. NOT DISPOSED 04CV836897 (My short analysis, Tompkins home was damaged in excess of $100,000.00 by an earthquake on 4/21/2004. Farm Bureau denied the claim on 11/19/2004. Farm Bureau claims the damage was from wear and tear, deterioration, settling, cracking, bulging, and inherent vise.) Trial date set for 11/03/2008 , 09:00:00 - Jury Trial 10/28/2008 (I received this horror story about Farm Bureaus unfair claims practices today.) Date: Oct 27, 2008
From: ContactUsForm@officelive.com
To: LUCKY@farmbureauLIES.com
Subject: A message from XXXXXXX Message:
I'm so glad that I've found your site...The XXXX family (homeowners) became victims of Farm Bureau Insurance in Michigan...Nearly four years after their home was destroyed by fire, they are still battling Farm Bureau for the rest of what is due them under the policy...Even though they were able to recover the cash value of the dwelling, they were cheated out of compensation for contents, loss of use, and the replacement value coverage for damages in excess of the cash value of the dwelling...they have lost more that $100,000.00 to date.
Worst of all, the stress of being without her home drove the families daughter to suicide in June of 2007...Since then I, as a friend of the victims, have vowed to expose the corruption at Farm Bureau.
Farm Bureau used all of the same bad faith tactics that you have descibed to wrongfully deny this claim three times...Farm Bureau and an incompetent attorney attempted to force them to sign a settlement agreement that would have waived their right to sue Farm Bureau for the rest of what was owed them under the policy...They ended up firing the attorney and took on farm Bureau themselves and won the cash value settlement without signing a settlement agreement leaving Farm Bureau open for futher litigation.
Several of us demonstrated (on a public sidewalk) in front of Farm Bureau several times and Farm Bureau repeatedly tried to violate our 1st ammendment rights and have us arrested...They contemplated a suit against me for defamatiom because of a yard sign that read "Boycott Farm Bureau" even though I didn't make or put the sign up...They took several pictures of the sign and came onto my property and stole the sign...they later interogated me about it. I would like to figure out how to obtain information about Farm Bureau's other victims in my state. I have searched at our local university and law library, but I can't find published cases of lawsuits from other victims, though, I'm certain that they have many. I want to connect with other victims in my state and organize a boycott against Farm Bureau. I want to expose Farm Bureau for the corrupt company that it is, warn potential future victims, have them investigated, and get them shut down! They are very powerful in Michigan...They call themselves, "Michigan's Insurance Company". They sponsor the local news on both ABC and NBC, so it is very difficult to get the story out. They do a ton off business here, but very few people are aware that they are corrupt. How do I find and obtain copies of suits against Farm Bureau in Michigan? Do you know how to get a list of Farm Bureau's customers? Thanks. My answer From: maurice gash <lucky@farmbureaulies.com>
Subject: RE: A message from Lucky To: "XXXXX"
Date: Wednesday, October 27, 2008 Mr. XXXX, Type the address below into your google search space and you will get the Michigan Courts Homepage, then click on court of appeals and you will get a long list of Farm Bureau appeal cases. Maybe you can figure a way to go from there to the original circuit court cases filed by the policyholder or Farm Bureau. Keep me informed. It sounds like Farm Bureau in Michigan is just like in Missouri, and other states from the e-mails I get. When I got to close to them at their home office in Jefferson City, Mo. they did have me arrested, but the prosecution was dropped, and I just sued them last week for false arrest in federal court. They are a terrible company. Thanks for viewing my website. Lucky
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