IN THE CIRCUIT COURT OF ST. FRANCOIS COUNTY STATE OF MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY) OF MISSOURI,
Plaintiff,
vs.
JEFFREY AND SHERRILL DALTON,
Serve: Jeffrey Dalton
624 Arlington Way
Watertown, WI 53094
and
Sherrill Dalton
624 Arlington Way
Watertown, WI 53094
Defendants. JURY TRIAL DEMANDED
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.l 00 RSMo., and for its
Petition for Declaratory Judgment against Defendants Jeffrey and Sherrill Dalton, 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 St. Francois County, Missouri.
3. This Court has jurisdiction because the events giving rise to the claim occurred in
Park Hills, Missouri.
4. Plaintiff issued a Homeowners insurance policy to Defendants having policy
number PRO 0041224 05 and a policy period of August 29, 2003 through August 29, 2004 on
certain property located at 305 Adams Street, Park Hills, Missouri 63601-2203. A copy of the
policy is attached hereto and incorporated by reference herein as Exhibit A.
5. Defendants claim that on or about December 15,2003, 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 fire.
6. Defendants submitted a proof of loss to Plaintiff, whereby Defendants presented a
claim under the aforesaid policy in the amount of One Hundred and Fifteen Thousand Dollars
($115,000).
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
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.

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 aforementioned policy condition referenced in paragraph 7 above.
9. Plaintiff brings this action for a declaration of the parties' rights and obligations
under the law and under the policy of insurance.
10. 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.
11. 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.
12. Plaintiff is reserving and preserving any and all rights and defenses under the
policy of insurance and the law.
13. As a result of Defendants' misrepresentations and fraudulent conduct, Plaintiff
has sustained damage in that it has incurred attorney's fees and expenses.
14. 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.
15. 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
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; (6) order that Plaintiff is entitled
to reimbursement from Defendants for attorney's fees, expenses, and costs herein incurred in this
matter; and (7) 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 - Fax

 

(The Daltons Answer)
IN THE CIRCUIT COURT OF ST. FRANCOIS COUNTY STATE OF MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY
Plaintiff,
vs.
JEFFREY AND SHERRILL DALTON,
Defendants.
Case No: 04CV-612899 
DEFENDANTS' ANSWER TO PETITION FOR DECLARATORY JUDGMENT
COME NOW Defendants, Jeffrey and Sherrill Dalton, by and through counsel,
and for their Answer to Defendant's Petition for Declaratory Judgment, state to the Court
as follows:
ANSWER AND AFFIRMATIVE DEFENSES TO PETITION FOR
DECLARATORY JUDGMENT
1. Admitted that Farm Bureau Town & Country Insurance Company is a
Missouri Corporation.
2. Admitted that Defendants Dalton were at all relevant times herein residents of
St.. Francois County, Missouri.
3. Admitted that this court has jurisdiction.
4. Admitted that Plaintiff issued a homeowner's policy of insurance to
Defendants under policy #PRO 0041224 05, for a policy period from August 29,2003 through August 29, 2004, covering Defendants residence at 705 Adams Street, Park Hills (St. Francois County) Missouri. The pleadings
forwarded to Defendants did not include a copy of the insurance policy.
5. Defendants admit that the residence at 305 Adams Street, and all contents
therein, was totally destroyed by fire on or about December 15,2003.
6. Admitted that Defendants submitted a Proof of Loss in the sum of
$115,000.00, including substantial personal property items.
7. Admitted that the policy of insurance contained provisions concernmg
concealment, fraud or misrepresentation.
8. Defendants deny the allegations in paragraph 8 with reference to intentional
concealment, misrepresentation, fraudulent or inflated claims for personal
property damage and move, pursuant to Rule 55.15 V.A.M.R., to strike said
allegations, as the same is not pled with particularity as to each alleged item of
fraud, misrepresentation or concealment.
9. Admitted.
10. Denied, inasmuch as Plaintiff has failed to tender the premiums paid under the
policy as a pre-condition to filing this petition, and further denied because of
Defendants' Counterclaims for Breach of Contract and Vexatious Refusal.
11. Admitted as necessary parties are believed to be before the court.
12. Defendants move to strike paragraph 12 as not a plain statement of fact and
note that all claims are required to be joined in the same action, pursuant to
Rule 52 V.A.M.R. Defendants further submit that Plaintiff is estopped from
relying on any other defense or policy language other than that contained in the
denial letter. 
13. Denied concerning allegations of misrepresentation and fraudulent conduct
and further denied that Plaintiff has sustained damage or that it is entitled to
recover attorney fees and expenses.
14. Denied.
15. Denied and Defendants move to strike paragraph 15 as not being a plain
statement of fact but rather a prayer for relief.
16. AFFIRMATIVE DEFENSES
A. Plaintiff has failed to refund the premium paid for the coverage of $523.30, and therefore Plaintiffs claim is barred.
C. Particularity - Rule 55.15 V.A.M.R. requires all averments are to be pled with particularity and the same has not been done here.
C. Unclean hands - Plaintiff is guilty of unclean hands in that it has failed to timely and fairly investigate this claim.
WHEREFORE, having fully pled, Defendants Jeffrey and Sherrill Dalton,
respectfully pray that this Court deny Plaintiffs claim for Declaratory Judgment for any
order finding fraudulent conduct, concealment or misrepresentation on the part of
Defendants, and deny all other allegations in Plaintiff s complaint.
Respectfully submitted,
MARTIN, MALEC & LEOPOLD,
James M.Martin, MO BAR #21297
1007 Olive Street, 5th Floor IS. Louis, MO 63101
(314) 231-3323
Attorneys for Defendants

(The Daltons Countersuit for Breach of Contract)

IN THE CIRCUIT COURT OF ST. FRANCOIS COUNTY STATE OF MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY
Plaintiff,
vs.
JEFFREY AND SHERRILL DALTON,
Defendants.
Case No: 04CY-612899 
DEFENDANTS' COUNTERCLAIM FOR BREACH OF CONTRACT AND VEXATIOUS REFUSAL
COME NOW Defendants, Jeffrey and Sherrill Dalton, by and through counsel,
and for their Counterclaim for Breach of Contract and Vexatious Refusal, state to the
Court as follows:
1. That Defendants-Counterclaimants Dalton were at all times mentioned
residents of Park Hills, St. Francois County, Missouri, and are now residents
of the State of Wisconsin.
2. That Plaintiff Farm Bureau Town & Country Insurance Company is a
Missouri corporation organized and existing under the laws of the State of
Missouri, conducting business within the State of Missouri.
3. That this case arises under the insurance laws of the State of Missouri and
concerns real estate and damage to the same in Park Hills, St. Francois
County, Missouri.
4. That Plaintiff issued a homeowners insurance policy to defendants
Counterclaimants under policy #PRO-0041224-05 for a policy period from
8/29/2003 through 8/2912004, on real estate and residential property at 305
Adams Street, Park Hills, Missouri 63601. A copy of said policy incorporated
herein by reference as Plaintiff s Exhibit A attached to Plaintiff s pleadings.
5. That on or about 12/15/2003, while Defendants-Counterclaimants'
homeowners policy with Plaintiff was in full force and effect, Defendants'
residence and a substantial amount of personal property contained therein,
was totally destroyed by fire.
6. That thereafter, Defendants-Counterc1aimants submitted a Proof of Loss to
Plaintiff for total loss to their dwelling, well in excess of the $50,000.00
insurance coverage, and for damage to personal property well in excess of the
$30,000.00 personal property limits of coverage under said policy of
insurance.
7. That Defendants-Counterc1aimants have complied with all conditions
precedent and have provided all documents and records to Plaintiff that were
not destroyed in the fire, and have submitted themselves to an "examination
under oath", on or about February 18,2004.
8. That Defendants-Counterc1aimants advised the Plaintiff insurance company
that the residential property was being condemned due to total destruction
constituting a dangerous condition as of 3/8/2004, but Plaintiff unfairly
delayed and stalled the settlement of this case, until 6/9/2004, approximately
six months after destruction of Defendants-Counterc1aimants' home, advising
Defendants that they were refusing to pay said policy of insurance.
9. That Plaintiff has wrongfully and vexatiously refused to settle Defendants-
Counterclaimants' claim for total loss of their residence and for destruction of
more than $30,000.00 in personal property, failed and refused to provide
funds pursuant to the policy of insurance for removal of debris, and has
thereby breached its contract.
10. That all of Plaintiff s actions constituted willful and vexatious refusal within
the meaning of §375.296 R.S.Mo., and 575.296 R.S.Mo., and 375.420
R.S.Mo., so as to subject it to penalties, interest and attorneys fees as follows:
A. 15% of the first $3,000.00 or $450.00; 10% of sums in excess of
$3,000.00 (10% x $77,000) = $7,700.00;
B. All interest from date of denial of said claim;
C. All reasonable attorneys fees and expenses incurred in the minimum
sum of $5,000.00 at the present time.
WHEREFORE, having fully pled, Defendants-Counterclaimants Jeffery and
Sherrill Dalton, respectfully pray that this Court enter Judgment against Plaintiff, Farm
Bureau Town & Country Insurance Company for breach of contract in the sum of
$80,000.00, and for penalties, interest and attorneys fees for vexatious refusal to pay in
the sum of $8,150.00, attorneys fees in the minimum sum of $5,000.00, and interest from
date of denial of this claim in June 2004, and for such further and other relief as to the
Court deems meet and just. 
Respectfully submitted,
MARTIN, MALEC & LEOPOLD, P.c.
James M. Martin, MO BAR #21297 1007 Olive Street, 5th Floor
S1. Louis, MO 63101
Phone: (314) 231-3323
Fax: (314)231-6739
Attorneys for Defendants 

 

( Docket Sheets in this case.) 

04CV612899 - FARM BUREAU TOWN & COUNTRY V JEFFERY DALTON ET AL
this information is provided as a service and is not considered an official court record.
Displaying 1 thru 36 of 36 dockets returned for case 04CV612899.
06/14/2004 Docket Entry: Pet Filed in Circuit Ct
Text: PETITION FOR DECLARATORY JUDGMENT, FILED. SMK
Filing Party: BRADY, ROBERT L
Docket Entry: Memorandum Filed
Text: MEMORANDUM TO CLERK RE: SUMMONS TO BE SENT TO THE ATTORNEY FOR SERVICE. THEY WILL BE SENDING COPY OF PETITION FOR SERVICE, PLUS $10.00, THEN WE WILL SEND THEM THE SUMMONS' FOR SERVICE. SMK
Filing Party: BRADY, ROBERT L

06/21/2004 Docket Entry: Summons Issued-Circuit
Text: SUMMONS MAILED TO ATTORNEY 6/21/04. SMK

Docket Entry: Summons Issued-Circuit
Text: SUMMONS MAILED TO ATTORNEY 6/21/04. SMK

08/02/2004 Docket Entry: Entry of Appearance Filed
Text: FAX AND ORIGINAL FILED. SMW
Filing Party: MARTIN, JAMES M

08/04/2004 Docket Entry: Summons Personally Served
Text: Service Text: SERVED BY JEFFERSON COUNTY SHERIFF OF WISCONSIN

08/13/2004 Docket Entry: Answer Filed
Text: DEFENDANTS ANSWER TO PETITION FOR DECLARATORY JUDGMENT FILED. CC
Filing Party: MARTIN, JAMES M

Docket Entry: Counterclaim\Petition Filed
Text: DEFENDANTS COUNTERCLAIM FOR BREACH OF CONTRACT AND VEXATIOUS REFUSAL FILED. CC
Filing Party: MARTIN, JAMES M

Docket Entry: Certificate of Mailing
Filing Party: MARTIN, JAMES M

09/07/2004 Docket Entry: Reply
Text: Plantiff's Reply to Defendants' Counterclaim for Breach of Contract and Vexationus Refusal. jll
Filing Party: BRADY, ROBERT L

Docket Entry: Certificate of Mailing
Filing Party: BRADY, ROBERT L

09/24/2004 Docket Entry: Certificate of Mailing
Text: Defendants counterclaimants request for admissions of genuineness of documents directed to Plaintiff was mailed to Mr Martin. Defendants response to Plaintiffs affirmative defenses to counterclaim kb
Filing Party: MARTIN, JAMES M

10/04/2004 Docket Entry: Answer Filed
Text: DEFENDANT/COUNTER CLAIMANTS MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND ANSWERS TO REQUEST TO PRODUCE FILED. CC
Filing Party: MARTIN, JAMES M

Docket Entry: Motion to Compel
Text: DEFENDANTS/COUNTER CLAIMANTS MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND ANSWERS TO REQUEST TO PRODUCE FILED. CC
Filing Party: MARTIN, JAMES M

10/21/2004 Docket Entry: Certificate of Mailing
Text: THIS CERTIFIES THAT A COPY OF PLAINTIFFS RESPONSE TO DEFENDANTS REQUEST FOR ADMISSIONS AND REQUEST FOR ADMISSION OF GENUINENESS OF DOCUMENTS WERE MAILED ON OCTOBER 19, 2004. CT

02/17/2005 Docket Entry: Certificate of Service
Text: Plaintiff's response to Defendants' first set of interrogatories and request for production of documents were mailed to Mr Martin kb
Filing Party: BRADY, ROBERT L

06/01/2005 Docket Entry: Civil Motion Hearing Scheduled
Associated Docket Entries: 07/29/2005 - Hearing Continued/Rescheduled
NEITHER PARTY APPEARS IN PERSON NOR BY COUNSEL. CAUSE PASSED GENERALLY FOR ANNOUNCMENT BY ATTORNEYS. CC
Associated Events: 07/29/2005 , 15:30:00 - Civil Motion Hearing

06/08/2005 Docket Entry: Motion to Compel
Filing Party: BRADY, ROBERT L

06/20/2005 Docket Entry: Notice to Take Deposition
Text: Amended Notice that on July 14, 2005 at 10:00 am Jackie Waggoner will be deposed at the Holiday Inn Express in Farmington. ct

Docket Entry: Notice to Take Deposition
Text: Notice that on July 14, 2005 at 11:00 am Jared Marler will be deposed at the Holiday Inn Express in Farminton. ct
Filing Party: BRADY, ROBERT L

Docket Entry: Notice to Take Deposition
Text: Notice that on June 14, 2005 at 12:00 pm Debra Gendel will be deposed at the Holiday Inn Express in Farmington. ct
Filing Party: BRADY, ROBERT L

Docket Entry: Notice to Take Deposition
Text: Notice that on June 14, 2005 at 1:00 pm Kevin Smith will be deposed at the Holiday in Express in Farmington. ct
Filing Party: BRADY, ROBERT L

07/28/2005 Docket Entry: Motion for Continuance
Text: DEFENDANTS MOTION REQUESTING CONTINUANCE OF HEARING SET FOR JULY 29, 2005. RECIEVED BY FAX. CC ORIGINAL FILED, AUGUST 1, 2005. CT
Filing Party: MARTIN, JAMES M

07/29/2005 Docket Entry: Hearing Continued/Rescheduled
Text: NEITHER PARTY APPEARS IN PERSON NOR BY COUNSEL. CAUSE PASSED GENERALLY FOR ANNOUNCMENT BY ATTORNEYS. CC
Associated Docket Entries: 06/01/2005 - Civil Motion Hearing Scheduled

Associated Events: 07/29/2005 , 15:30:00 - Civil Motion Hearing

11/21/2005 Docket Entry: Certification Filed
Text: Certificate of Officer and Statement of Deposition Charges, filed by Rankin Reporting & Legal Video, INC , for the transcript of deposition of Jared Marler, Debra Gendle, Jackie Wagganer taken on July 14, 2005. kb

12/06/2005 Docket Entry: Civil Motion Hearing Scheduled
Associated Docket Entries: 02/24/2006 - Hearing Held
Cause Called. Plaintiff appears through counsel Thomas Lewis. Defendant appears through counsel James Martin. Memorandum filed and signed by the Honorable Kenneth W. Pratte. Certified copy of Memorandum was hand delivered to both attorneys in open court. cc
Associated Events: 02/24/2006 , 16:00:00 - Civil Motion Hearing

12/19/2005 Docket Entry: Motion to Compel
Filing Party: BRADY, ROBERT L

Docket Entry: Notice
Text: NOTICE OF HEARING FOR FEBRUARY 24, 2006. KT
Filing Party: BRADY, ROBERT L

02/24/2006 Docket Entry: Hearing Held
Text: Cause Called. Plaintiff appears through counsel Thomas Lewis. Defendant appears through counsel James Martin. Memorandum filed and signed by the Honorable Kenneth W. Pratte. Certified copy of Memorandum was hand delivered to both attorneys in open court. cc
Associated Docket Entries: 12/06/2005 - Civil Motion Hearing Scheduled

Associated Events: 02/24/2006 , 16:00:00 - Civil Motion Hearing

Docket Entry: Certificate of Mailing
Text: The undersigned certifies that an original and one copy of Defendants Answers to Plaintiffs Interrogatories and Supplemental Answer to Interrogatory No. 15 were Mailed this 23rd day of February 2006. cc
Filing Party: MARTIN, JAMES M

Docket Entry: Response Filed
Text: Defendants Joint Responses to Plaintiffs First Request for Production of Documents Directed Defendants. cc
Filing Party: MARTIN, JAMES M

05/09/2006 Docket Entry: Notice to Take Deposition
Text: Notice to Take Deposition on Cassandra Hoechstenbach on June 16, 2006 at 10:00 am at law office of Jim Martin.
Filing Party: BRADY, ROBERT L

05/12/2006 Docket Entry: Certificate of Mailing
Text: A COPY OF AMENDED NOTICE OF DEPOSITION FOR MARILYN STADE AND BRYAN STADE. JB
Filing Party: BRADY, ROBERT L

08/28/2006 Docket Entry: Notice to Take Deposition
Text: NOTICE TO TAKE DEPOSITION ON JEFFREY DALTON ON OCTOBER 18, 2006 AT 10:00AM AT THE LAW OFFICE OF BROWN & JAMES. KT
Filing Party: MARTIN, JAMES M

11/16/2006 Docket Entry: Notice to Take Deposition
Text: Amended Notice to Take Deposition, depositions of Sherrill and Jeffrey Dalton December 6, 2006 at 1:00 p.m. kb
Filing Party: MARTIN, JAMES M

06/20/2007 Docket Entry: Certification Filed
Text: CERTIFICATE OF OFFICER AND STATEMENT OF COSTS ON JOSEPH M HILL ON JUNE 8, 2007. KT

09/25/2007	Docket Entry:	Certification Filed
Text:		Certificate of Officer and Statement of Deposition Charges, filed by Kriegshauser Reporting & Video LLC , for the transcript of deposition of George Runyon taken on May 8, 2007. kb
11/02/2007	Docket Entry:	Ntc & Cert Readiness for Trial
Filing Party:		MARTIN , JAMES M
03/18/2008	Docket Entry:	Certification Filed
Text:		Certificate of Officer and Statement of Deposition Charges, filed by Kriegshauser Reporting & Video, for the transcript of deposition of Sheriff Kevin Schroeder taken on December 6, 2008. kb
08/06/2008	Docket Entry:	Filing:
Text:		Motion for Trial Setting, filed kb Clerk contacted Chastidy from Mr Brady's office to have them contact the court for setting docket. kb
Filing Party:		BRADY , ROBERT L
09/05/2008	Docket Entry:	Notice to Take Deposition
Text:		Deposition of Plaintiff's cause and origin expert on September 23, 2008 at 9:00 a.m. kb
Filing Party:		BRADY , ROBERT L
11/17/2008	Docket Entry:	Civil Motion Hearing Scheduled
Associated Docket Entries:		12/17/2008 - Hearing/Trial Cancelled
Associated Events:		12/17/2008 , 16:00:00 - Civil Motion Hearing
11/20/2008	Docket Entry:	Motion to Compel
Filing Party:		CRANEY , JAMES L
	Docket Entry:	Notice
Text:		Motion hearing scheduled for December 17, 2008 at 4:00 p.m. kb
Filing Party:		CRANEY , JAMES L
12/17/2008	Docket Entry:	Hearing/Trial Cancelled
Associated Docket Entries:		11/17/2008 - Civil Motion Hearing Scheduled
Associated Events:		12/17/2008 , 16:00:00 - Civil Motion Hearing

Displaying 1 thru 36 of 36 dockets returned for case 04CV612899.