IN THE CIRCUIT COURT OF MILLER COUNTY, MISSOURI
CODY D. DA VIDSON AND CONDA I. ) DAVIDSON, husband and wife  
Plaintiffs,)
v.

FARM BUREAU TOWN AND COUNTRY INSURANCE OF MISSOURI, INC., a Missouri corporation 
Defendant.

PETITION
Case No.  CV504-534CC         DATE 11/3/2004 
COME NOW, Plaintiffs Cody D. Davidson and Conda I. Davidson, husband and wife, and for their cause of action, state as follows:
1. That Plaintiffs are residents of Miller County, Missouri.
2. That Defendant is a Missouri corporation doing business in Miller County, Missouri.
3. That on or about February 16,2003, Defendant issued its policy of insurance number PR00203742-04 insuring certain structures located on real property in Miller County, Missouri against standard perils including storm damage.
4. That on or about May 6, 2003, while said policy was in force, the roof of said structures was damaged by a hail storm. That Defendant thereafter renewed coverage for said structures on February 16, 2004 by its Policy No. PR00203742-05.
5. That Plaintiffs were unaware of such damage until May 5, 2004.
6. That Plaintiffs sold said real property and structures to a third party on or about April 21, 2004.
7. That on or about A?ril 30, 2004 said Third Party notified Plaintiffs that the roof of the structure was leaking.
8. Thereafter, Plaintiffs inspected said roof and discovered the roof damage.
9. As a part of the sale of said property, Plaintiffs represented and warranted that no problems existed with the roof of said structures.
10. That on or about May 5, 2004, Plaintiffs notified Defendant of the damage and made a claim under Plaintiffs' policy of insurance.
11. That on May 14, 2004 Defendant denied coverage by letter of said date and for the reasons specified therein. A copy of said letter is attached as Exhibit "A".
12. That Defendant further insured said Third Party by its policy number CPP0210396, but later canceled said policy by its letter dated May 24,2004, a copy of which is attached as Exhibit "B".
13. That Plaintiffs later caused said roof to be repaired at a cost to them of $11,500.00 to their damage in that amount.
14. Further, the payment made reflects the reasonable value of repairs required to the structures insured as a result of the incident upon which Plaintiffs' claim is based.
15. That said damages were within the reasonable contemplation of parties at the time the policy was issued. 
WHEREFORE, Plaintiffs pray Judgment against Defendant in the sum of $11,500.00, for their costs herein expended, for reasonable attorney fees, and for such other and further Orders as the Court may deem proper. 
Respectfully submitted,
Lewis Z. Bridges #28101
BRIDGES, CISAR AND MIZELL, L.L.C. 750 Bagnell Dam Blvd., Suite A
Lake Ozark, Missouri 65049 573-365-2383   573-365-2068 (facsimile)
ATTORNEY FOR PLAINTIFFS 

IN THE CIRCUIT COURT OF MILLER COUNTY, MISSOURI

CODY D. DAVIDSON AND CONDA I. DAVIDSON, husband and wife, 
Plaintiffs,
v
Case No. CV504-534CC
FARM BUREAU TOWN AND COUNTRY INSURANCE OF MISSOURI, INC., a Missouri corporation,
Defendant.
ANSWER 
COMES NOW defendant denominated as Farm Bureau Town and Country Insurance of
Missouri, Inc., by and through its undersigned counsel, and for its answer to plaintiffs' Petition,
states:
1. Defendant admits the allegations contained in paragraph 1 of plaintiffs' Petition.
2. Defendant admits the allegations contained in paragraph 2 of plaintiffs' Petition.
3. Defendant admits that it issued a policy of insurance, identified as Policy No. PRO
0203742, to plaintiffs insuring certain structures on real p~operty located in Miller County, Missouri.
The coverage provided under the policy is subject to all of the terms, conditions, provisions,
limitations and exclusions from coverage set forth in the policy. Defendant denies all other
allegations in paragraph 3 of plaintiffs' Petition.
4. Defendant admits that it renewed coverage for certain structures on February 16,2004
by its Policy No. PRO 0203742-05. Defendant denies the remaining allegations contained in
paragraph 4 of plaintiffs' Petition.
5. Defendant is without sufficient knowledge or information to admit or deny the
allegations contained in paragraph 5 of plaintiffs' Petition and, therefore, denies same.
6. Defendant is with0~t sufficient knowledge or information to admit or deny the
allegations contained in paragraph 6 of plaintiffs' Petition and, therefore, denies same.
7. Defendant is without sufficient knowledge or information to admit or deny the
allegations contained in paragraph 7 of plaintiffs' Petition and, therefore, denies same.
8. Defendant is without sufficient knowledge or information to admit or deny the
allegations contained in paragraph 8 of plaintiffs' Petition and, therefore, denies same.
9. Defendant is without sufficient knowledge or information to admit or deny the
allegations contained in paragraph 9 of plaintiffs' Petition and, therefore, denies same.
10. Defendant admits that plaintiffs presented a claim on May 5,2004. Defendant denies 
all other allegations in paragraph 10 of plaintiffs' Petition.
11. Defendant admits that it sent a letter to plaintiffs, dated May 14, 2004, denying
plaintiffs' claim. Defendant denies all other allegations in paragraph 11 of plaintiffs' Petition.
12. Defendant admits the allegations contained in paragraph 12 of plaintiffs' Petition.
13. Defendant is without sufficient knowledge or information to admit or deny the
allegations contained in paragraph 13 of plaintiffs' Petition and, therefore, denies same.
14. Defendant denies the allegations contained in paragraph 14 of plaintiffs' Petition.
15. Defendant denies the allegations contained in paragraph 15 of plaintiffs' Petition.
16. Defendant denies each and every allegation contained in plaintiffs' Petition which
is not specifically admitted herein.
Affirmative Defenses
17. Plaintiffs' Petition fails to state a cause of action upon which relief can be granted in
favor of plaintiffs and against defendant.
18. Defendant states affirmatively that the payment allegedly made by plaintiffs to the 
third party purchasers of the subject property was made by plaintiffs as volunteers, and such
voluntary payment was not legally obligated to be paid by plaintiffs pursuant to the subject real estate
sales contract.
19. Defendant states affirmatively that the Farm Bureau insurance policy issued by
defendant to plaintiffs provides the following coverage for damage to the dwelling under Level Three
protection:
LEVEL THREE PROTECTION
We cover all sudden, accidental, and direct loss to property insured under Level Three Protection as shown on the Information Page. This protection is subject to the General Exclusions.
Plaintiffs did not sustain any sudden, accidental and direct loss to the insured property, for purposes
of coverage under Level Three Protection, during the time period Policy No. PRO 0203742 was in
effect and prior to the sale of the subject property to the third party.
20. Defendant states affirmatively that there is no liability insurance coverage available
to plaintiffs for the claim asserted against them by the third party purchaser of the subject property
under Policy No. PRO 0203742. The policy provides the following liability insurance coverage,
subject to all of the terms, conditions, provisions and exclusions under the Policy:
LIABILITY COVERAGES-SECTION II
COVERAGE F-PERSONAL LIABILITY
We will pay all sums arising out of anyone loss caused by accident, which any insured becomes legally obligated to pay as damages because of bodily injury or property damage covered by this policy.
If a claim is made or suit is brought against any insured for liability under this coverage, we will defend the insured at our expense, using lawyers of our choice. We may investigate or settle any claim or suit as we think appropriate. 
 
Defendant states affirmatively that plaintiffs did not sustain any loss caused by an accident nor did

they sustain a loss because of "bodily injury" or "property damage" covered by the policy.

22. Defendant states affirmatively that Policy PRO 0203742 excludes liability insurance

coverage for any claims for breach of contract, including the claim asserted by the third party

purchasers against plaintiff.

EXCLUSIONS-SECTION II

Under Coverage F (Personal Liability) we do not cover:

1. Liability assumed under an oral contract or agreement, or under a contract or agreement in connection with any business of any insured.

23. Defendant states affirmatively that it reserves the right to assert any additional

affirmative defenses which may become apparent during the course ofthis litigation.

WHEREFORE, having fully answered plaintiffs Petition, defendant Farm Bureau Town and

Country Insurance of Missouri, Inc. prays for an order ofthe Court dismissing plaintiffs' Petition;

or for such further relief as the Court deems just and proper.

Dana L. Frese #34646 515 E. High Street P.O. Box 28
Jefferson City, MO 65102 (573) 636-2177  (573) 636-7119 fax
Attorneys for Defendant