(MICHAEL HOBICK V FARM BUREAU, PETITION FOR DAMAGES)
IN CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
MICHAEL D. HOBICK and JOY E. HOBICK
6420 LARSON COURT KANSAS CITY, MO 64133
Plaintiffs,
v.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
c/o DAN CASSIDY, REGISTERED AGENT 701 S. COUNTRY CLUB DRIVE JEFFERSON CITY, MO 65102
Defendant.
0616-CV 15984 FILED 6/27/06
Case No.
Division 16
PETITION FOR DAMAGES
COME NOW Plaintiffs, by and through their attorney, H. Kent Desselle, Desselle Law
Office, L.L.C., and for their cause of action against the Defendant, state to the court as follows:
1. That Plaintiffs are individual residents of Jackson County, Missouri.
2. That Defendant is an insurance company, organized and existing under law, doing business
in Jackson County, Missouri.
3. That on or about the 15th day of May, 2005, Plaintiffs sustained a loss to their property
located at 6420 Larson Court, Kansas City, Missouri, due to a severe wind and hail storm.
4. That at said time and place, said property was insured under a policy of insurance numbered
PRO 0041001-07, issued by the Defendant, insuring Plaintiffs against such loss as aforesaid.
5. That thereafter, Plaintiffs made demand for payment under said policy for repairs and said
payment has been refused by Defendant.
6. That Plaintiff has met all conditions precedent under the policy and has made demand under
the terms of the policy but Defendant has refused to make any payments under the terms of
said policy.
7. That pursuant to R.S.Mo. §379.150, the terms of the policy of insurance, Plaintiffs are
entitled to have their property returned to as good a condition as before the loss and
Defendant has refused the same.
8. That Defendant's refusal to pay is vexatious pursuant to Missouri law, specifically, R.S.Mo.
§§379.296 and 375.420.
WHEREFORE, Plaintiffs pray judgment against Defendant in the sum of TWELVE
THOUSAND FIVE HUNDRED and no/lOO ($12,500.00) Dollars; for twenty percent (20%) of the
first One Thousand Five Hundred and No/lOO ($1,500.00) Dollars ofloss; for ten percent (10%) of
the amount of loss in excess of One Thousand Five Hundred and No/lOO ($1,500.00) Dollars; for
prejudgment interest; for Plaintiffs reasonable attorney's fees and costs incurred herein; and, for such
other and further relief as the Court may deem just and proper in the premises.
Respectfully submitted,
DESSELLE LAW OFFICE, L.L.C.
1425 South Noland Road Independence, MO 64055
PHONE:(816) 836-2060 FAX: 836-8047 E-mail: kent@dessellelaw.com ATTORNEY FOR PLAINTIFFS
(FARM BUREAUS ANSWER TO HOBICK)
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
MICHAEL D. HOBICK and JOY E. HOBICK
Plaintiffs,
Case No. 0616-CV15984 Division 16 FILED 1/2/07
v.
FARM BUREAU TOWN & COUNTRY ) INSURANCE COMPANY OF MISSOURI,
Defendant.
AMENDED ANSWER OF DEFENDANT
COMES NOW, Defendant Farm Bureau Town & Country Insurance Company of
Missouri ("Farm Bureau"), by and through their undersigned attorneys, and to answer
Plaintiffs' Petition for Damages states as follows:
1. Defendant is without sufficient knowledge or information to admit or deny
the allegations and averments made and contained in ~ 1 of Plaintiffs' Petition for
Damages and therefore denies same.
2. Defendant admits ~ 2 of Plaintiffs' Petition for Damages.
3. Defendant denies the allegations and averments made and contained in ~~
3,4,5,6, 7, and 8 of Plaintiffs' Petition for Damages.
AFFIRMATIVE DEFENSES
4. In further answer to Plaintiffs' Petition for Damages and by way of
affirmative defense, Defendant states Plaintiffs' Petition for Damages fails to state a
cause of action upon which relief can be granted and fails to state facts sufficient to
constitute a cause of action against Defendant
5. In further answer to Plaintiffs' Petition for Damages and by way of
affirmative defense, Defendant alleges and states that Plaintiffs' injuries and/or damages, if any, said injuries and/or damages being specifically denied, were the direct and/or proximate result of the acts and/or omissions of Plaintiffs in, among other things, failing to exercise reasonable care by failing to take reasonable steps to protect their own premises such that the principles of comparative and/or contributory fault and/or negligence should be applied to deny or diminish any recovery by Plaintiffs against Defendant.
6. In further answer to Plaintiffs' Petition for Damages and by way of
affirmative defense, Defendant alleges and states Plaintiffs' injuries and/or damages should be diminished or denied for failure to mitigate his damages.
7. In further answer to Plaintiffs' Petition for Damages and by way of
affirmative defense, Defendant states Plaintiffs' Petition for Damages should be dismissed and/or any recovery limited based on the provisions of the contract of Insurance and/or Plaintiffs' failure to comply with the declaration, deductibles definitions, terms, conditions and exclusions contained in the contract of insurance at issue in this case.
8. In further answer to Plaintiffs' Petition for Damages and by way of
affirmative defense, Defendant states that a good faith controversy exists between Plaintiffs and Defendant as to the nature and extent of Plaintiffs' alleged damages and, therefore, Plaintiffs are not entitled to vexatious delay penalties or attorney's fees.
9. For further answer to Plaintiffs' Petition for Damages, Defendant states
that Defendant has complied with all requirements under the agreement between
Defendant and Plaintiffs.
10. F or further answer to Plaintiffs' Petition for Damages, Defendant states
that Defendant did not act willfully and without reasonable cause, as the facts would
appear to a reasonable and prudent person, with regard to Plaintiffs alleged loss under the
agreement between Defendant and Plaintiffs.
11. For further answer to Plaintiffs Petition for Damages, Defendant states
that Defendant did not act in contravention of R.S.Mo. §§ 375.296 and 375.420.
12. For further answer to Plaintiffs' Petition for Damages, Defendant states
Plaintiffs' Petition for Damages should be dismissed and/or any recovery limited based on the provisions of the contract of insurance, specifically, Paragraph 4 of "Conditions Section I" entitled "Deductible Clause" of policy # PRO 004100 I 06 in that Plaintiffs' alleged loss was less than the Deductible of $I,OOO.OO.
13. Defendant reserves the right to assert any additional affirmative defenses
and matters of avoidance which may be identified through the course of discovery.
WHEREFORE, based upon the above and foregoing, Defendant respectfully
prays to be henceforth dismissed, awarded its costs and expenses herein incurred and
expended, together with such other relief as this Court deems just and appropriate.
Respectfully submitted,
SHERMAN TAFF BANGERT
THOMAS & CORONADO, P.c.
Jack T. Bangert, kevin D. Brooks
100 Main Street, Suite 2890
P.O. Box 26530
Kansas City, Missouri 64196 Telephone: (816) 471-6900
(816) 410-6520 (Direct Dial) Facsimile: (816) 471-6642
Email: itb@stb-law.com
ATTORNEYS FOR DEFENDANT
(court actions filed in this case)
16th Judicial Circuit (Jackson County)
0616-CV15984 - MICHAEL D HOBICK ET AL V FARM BUREAU TOWN
This information is provided as a service and is not considered an official court record.
Displaying 1 thru 43 of 43 dockets returned for case 0616-CV15984.
06/27/2006 Docket Entry: Pet Filed in Circuit Ct
Docket Entry: Case Mgmt Conf Scheduled
Associated Events: 11/02/2006 , 10:00:00 - Case Management Conference
Docket Entry: Summons Issued- 1st Class Mail
Text: Document ID: 06-SFCM-150, for FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI;
Docket Entry: Order
Text: PRETRIAL ORDER, SCHEDULING CONFERENCE 11/02/06, 10AM DIV 16.
Docket Entry: Filing:
Text: INFORMATION SHEET
08/10/2006 Docket Entry: Corporation Served
Text: Document ID - 06-SFCM-150; Served To - FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI; Server - ; Served Date - 28-JUL-06; Served Time - 00:00:00; Service Type - First Class Mail; Reason Description - Served; Service Text - COUNSEL FOR FARM BUREAU TOWN AND COUNTRY
08/28/2006 Docket Entry: Designation of Lead Attorney
Text: FOR DEFT FARM BUREAU TOWN & COUNTRY INS. CO. OF MO.
Filing Party: BANGERT, JACK T
Docket Entry: Motion for Extension of Time
Text: TO ANSWER OR OTHERWISE RESPOND TO PLT'S PETITION FOR DAMAGES
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Associated Docket Entries: 12/13/2006 - Motion no Longer an Issue
09/12/2006 Docket Entry: Answer Filed
Text: LP
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
09/18/2006 Docket Entry: Order
Text: SUSTAINED/MOTION FOR EXTENSION OF TIME TO ANSWER.
11/02/2006 Docket Entry: Order
Text: SCHEDULING ORDER; Set for Jury Trial on Court's October 9, 2007 docket.
11/03/2006 Docket Entry: Jury Trial Scheduled
Associated Events: 10/09/2007 , 09:00:00 - Jury Trial
12/07/2006 Docket Entry: Certificate of Service
Text: PLT'S FIRST INTERROG'S TO DEFT AND FIRST REQUEST FOR PROD .OF DOC.
Filing Party: HOBICK, MICHAEL D
12/13/2006 Docket Entry: Motion no Longer an Issue
Associated Docket Entries: 08/28/2006 - Motion for Extension of Time
TO ANSWER OR OTHERWISE RESPOND TO PLT'S PETITION FOR DAMAGES
12/15/2006 Docket Entry: Certificate of Service
Text: OPENING INTERROG AND REQ FOR PROD OF DOCUMENTS AND THINGS TO MICHAEL D HOBICK AND JOY E HOBICK.
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
12/21/2006 Docket Entry: Motion for Leave
Text: TO TILE AMENDED ANSWER AND SUGGESTIONS IN SUPPORT.
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Associated Docket Entries: 01/02/2007 - Motion no Longer an Issue
12/28/2006 Docket Entry: Filing:
Text: LP DESIGNATION OF EXPERTS.
Filing Party: HOBICK, MICHAEL D
01/02/2007 Docket Entry: Motion no Longer an Issue
Associated Docket Entries: 12/21/2006 - Motion for Leave
TO TILE AMENDED ANSWER AND SUGGESTIONS IN SUPPORT.
Docket Entry: Order
Text: FARM BUREAU TOWN & COUNTRY INS CO OF MO IS GRANTED LEAVE TO FILE ITS AMENDED ANSWER.
Docket Entry: Answer Filed
Text: AMENDED ANSWER.
01/08/2007 Docket Entry: Motion for Extension of Time
Text: JOINT, FOR DEFT TO ANSWER OBJECT OR OTHERWISE RESPOND TO PLT'S FIRST INTERROG'S, FIRST REQUEST FOR ADMISSIONS AND FIRST REQUEST FOR PROD. OF DOC. TO DEFT.
Associated Docket Entries: 01/10/2007 - Motion no Longer an Issue
01/10/2007 Docket Entry: Motion no Longer an Issue
Associated Docket Entries: 01/08/2007 - Motion for Extension of Time
JOINT, FOR DEFT TO ANSWER OBJECT OR OTHERWISE RESPOND TO PLT'S FIRST INTERROG'S, FIRST REQUEST FOR ADMISSIONS AND FIRST REQUEST FOR PROD. OF DOC. TO DEFT.
01/12/2007 Docket Entry: Order
Text: SUSTAINED / Joint Stipulation for Extension of Time for Deft to Answer Object or Otherwise Respond to Plt's First Interrog's, First Request for Admissions and First request fo Prod. of Doc. filed: 01-08-007
01/22/2007 Docket Entry: Stipulation Filed
Text: LP JOINT STIP FOR EXTENSION OF TIME FOR DFT TO ANSWER OBJECT OR OTHERWISE RESPOND TO PLTS FIRST INTERROGATORIES, FIRST REQ FOR ADMISSIONS AND FIRST REQ FOR PRODUCTION OF DOCUMENTS TO DFT.
Filing Party: HOBICK, MICHAEL D
Associated Docket Entries: 01/24/2007 - Motion no Longer an Issue
01/24/2007 Docket Entry: Motion no Longer an Issue
Associated Docket Entries: 01/22/2007 - Stipulation Filed
LP JOINT STIP FOR EXTENSION OF TIME FOR DFT TO ANSWER OBJECT OR OTHERWISE RESPOND TO PLTS FIRST INTERROGATORIES, FIRST REQ FOR ADMISSIONS AND FIRST REQ FOR PRODUCTION OF DOCUMENTS TO DFT.
01/25/2007 Docket Entry: Order
Text: SUSTAINED / Joint Stipulation for Extension of Time for Deft to Answer Object or Otherwise Respond to Plt's First Interrog's, First Request for Admissions and First Request for Production of Documents.
02/20/2007 Docket Entry: Stipulation Filed
Text: JOINT STIPULATION FOR EXTENSION OF TIME REGARDING EXPERTS.
Filing Party: HOBICK, MICHAEL D
Docket Entry: Certificate of Service
Text: DISCOVERY RESPONSES.
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
02/22/2007 Docket Entry: Order
Text: AMENDED, SCHEDULING ORDER: This case set for Trial on the Court's October 9, 2007 docket.
06/20/2007 Docket Entry: Suggestions in Support
Text: OF MOTION FOR ENFORCEMENT OF DISCOVERY
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Docket Entry: Mot for Enfor of Discovery
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Associated Docket Entries: 06/29/2007 - Motion no Longer an Issue
06/28/2007 Docket Entry: Certificate of Service
Text: L/P - ANSWERS AND RESPONSES TO DEFT'S FIRST INTERROG'S, FIRST REQUEST FOR PROD. OF DOC.
Filing Party: HOBICK, MICHAEL D
06/29/2007 Docket Entry: Order
Text: OVERRULED: Deft's Motion for Enforcement of Discovery filed: 06-20-07
Docket Entry: Motion no Longer an Issue
Associated Docket Entries: 06/20/2007 - Mot for Enfor of Discovery
07/20/2007 Docket Entry: Motion for Continuance
Text: THE TRIAL SETTING AND AMEND THE COURT'S SCHEDULING ORDER AND SUGS'S IN SUPPORT
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Associated Docket Entries: 08/22/2007 - Motion no Longer an Issue
08/10/2007 Docket Entry: Request Filed
Text: LP FOR INSPECTION
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
08/13/2007 Docket Entry: Notice to Take Deposition
Text: LP OF JOY HOBICK
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Docket Entry: Notice to Take Deposition
Text: LP MICHAEL D. HOBICK
08/22/2007 Docket Entry: Motion no Longer an Issue
Associated Docket Entries: 07/20/2007 - Motion for Continuance
THE TRIAL SETTING AND AMEND THE COURT'S SCHEDULING ORDER AND SUGS'S IN SUPPORT
Docket Entry: Order
Text: OVERRULED: Dft's Motion to Continue the Trial Setting and Amend the Courts Scheduling Order filed: 07-20-07 This matter shall remain on the October 9, 2007 trial date.
08/27/2007 Docket Entry: Counsel Status Hrng Scheduled
Associated Events: 08/28/2007 , 09:00:00 - Counsel Status Hearing
Docket Entry: Certificate of Service
Text: SUPPLEMENTAL RESPONSES TO FIRST INTERROGATORIES TO DFT
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
08/28/2007 Docket Entry: Notice to Take Deposition
Text: OF EXPERT LARRY MICHAELS DUCES TECUM
Filing Party: FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Displaying 1 thru 43 of 43 dockets returned for case 0616-CV15984.