IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
KEVIN FRISBIE
P.O. Box 520095 Independence, MO 64052,
Plaintiff,
- vs -
FARM BUREAU TOWN & COUNTY INSURANCE COMPANY OF MISSOURI,
Defendant.
[SERVICE: Forward Summons to the
Sheriff of Cole County, Missouri, to be served on the Registered Agent, Dan Cassidy, 701
S. Country Club Drive, Box 658
Jefferson City, MO 65102.]
PETITION FOR DAMAGES
COMES NOW Kevin Frisbie and for his cause of action against Defendant Farm
Bureau Town & Country Insurance Company of Missouri alleges and states as follows:
1. Kevin Frisbie is a resident of Independence, Jackson County, Missouri;
Defendant Farm Bureau Town & Country Insurance Company of Missouri is a Missouri
corporation with its registered agent in Jefferson City, Missouri, and said Defendant does
business in the State of Missouri, including Jackson County; the contract of insurance
hereinafter alleged arose in Jackson County, Missouri, and insured property in Jackson
County, Missouri.
2. Defendant Farm Bureau Town & Country Insurance Company of Missouri
issued its policy of insurance to Kevin Frisbie insuring property located at 2730A Chrysler Avenue, Independence, Jackson County, Missouri, in exchange for premiums to be paid by Kevin Frisbee; said premiums were paid in full.
3. That the policy issued by Defendant Farm Bureau Town & Country Insurance
Company of Missouri insured among other things, fire losses. That attached hereto marked as "Exhibit A" and incorporated by reference is a copy of the policy issued by Defendant.
4. That during the term of the policy and specifically on April 15, 2003, a fire
occurred which engulfed the insured property and damaged it to the extent it was a total loss thereby triggering the insurance provisions of Defendant's policy and creating in it the liability to pay the total amount of its insurance coverage.
5. Thereafter, Kevin Frisbie made a claim for the insurance proceeds and made
a good faith effort to comply with all terms of the policy and substantially complied with all terms of the policy.
6. Defendant has failed and refused to pay its policy obligations and at no time
has made any offer to pay any portion of its policy coverage.
7. That Defendant refused to pay its insurance obligations to Plaintiff and failed
and refused to pay for its insurance obligations to Plaintiff for a period of thirty days after demand was made by Plaintiff; that Defendant did not have reasonable cause or excuse to refuse to pay said proceeds and because of such refusal Plaintiff has been required to employ an attorney, prosecute this action, and is being charged a reasonable fee by said attorney to represent Plaintiff.
WHEREFORE, Plaintiff prays for damages in his favor to the extent of his loss as
covered by the policy of insurance issued by Defendant Farm Bureau Town & Country
Insurance Company of Missouri, and an additional amount as a penalty not to exceed 20%
of the first $1,500.00 of the award on the policy not including interest and 10% of the
remainder of such award, and for a reasonable sum of money to cover Plaintiff's attorney's
fees and for his costs herein incurred.
JOSEPH A. HAMILTON
216 N .. highway 7 Post Office Box 215 Pleasant Hill, MO 64080
(816) 540-4040 Fax: (816) 540-3147 ATTORNEY FOR PLAINTIFF.

 

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
KEVIN FRISBEE, 
vs

FARM BUREAU TOWN & COUNTRYINSURANCE COMPANY OFMISSOURI, ) 
Plaintiff,
CAUSE NO.: 04CV213909
DEFENDANT'S ANSWERS TO PLAINTIFF'S PETITION
COMES NOW Defendant, Farm Bureau Town & Country Insurance Company of Missouri, by and through undersigned counsel, and for its Answer to Plaintiff's Petition Damages, states as follows:
1. Admit.
2. Defendant admits that it issued a policy of insurance to plaintiff, having policy
number CPP0208357 and a policy period of August 28, 2002, to August 28, 2003. Defendant
denies each and every remaining allegation contained in Paragraph 2 of Plaintiffs Petition.
3. Denied.
4, Denied,
5. Denied.
6. Denied.
7. Denied.
AFFIRMATIVE DEFENSES
A. For further answer and for its first affirmative defense, defendant states that
plaintiff s 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 plaintiff is barred from recovery under the policy because plaintiff
failed to cooperate with defendant during the investigation of the claim, failed to produce certain
records and documents which were reasonably requested by defendant and material to the claim
investigation, and, as such, plaintiff breached conditions precedent to recovery in the policy of
insurance which require the insured's cooperation and the production of records and documents;
and defendant was severely prejudiced as a result of plaintiffs refusal to cooperate in breach of
the policy conditions.
WHEREFORE, having answered plaintiffs Petition, defendant prays to be dismissed
with prejudice, for its costs herein expended, and for such other and further relief as the 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 63101-2000 314-421-3400
314-421-3128 - FAX

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
KEVIN FRISBEE, )
Plaintiff,
vs.  
FARM BUREAU TOWN & COUNTRY NSURANCE COMPANY OF MISSOURI, ) 

Defendant.

CAUSE NO.: 04CV213909
DIVISION: 5
ENTRY OF APPEARANCE
COME NOW Robert L. Brady, and Brown & James, P.C., and hereby enter their
appearance on behalf of defendant in the above-referenced case  Robert L. Brady #47522 BROWN & JAMES,  Attorneys for Defendant
1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 314-421-3400
314-421-3128 - FAX