(JSB Property's Petition)
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE 
Case No. 0516-CV20743
JSB PROPERTIES, INC.
Plaintiff,
vs.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI
Defendant 

PETITION
1. Plaintiff is a corporation organized and existing under the laws of the State of Missouri.
2. At all relevant times, plaintiff was the owner of certain improved real property commonly described as 301 N. 3rd Street, Apartments 5 - 8, Odessa, County of Lafayette, State of Missouri, (hereafter the "Property") and operated such as residential rental units.
3. On information and belief, at all relevant times, defendant Farm Bureau Town & County Insurance Company of Missouri, was an insurance company organized and existing under the laws of the State of Missouri, and can be served at: Dan Cassidy, 701 S. Country Club Dr., Box 658, Jefferson City, MO 65102.
4. Jurisdiction and venue are proper in this Court in that the contract was entered into, and breach occurred, in Jackson County, Missouri.
5. Defendant issued to plaintiff an insurance policy, policy number CPP 0207184 00, (hereafter the "Policy") which provided casualty coverage, loss of rental income and other forms of insurance coverage, and the Property was properly listed as "covered property" under the Policy.
6. Plaintiff has performed all obligations, and paid all premiums, required under the policy.
7. On or about April 14, 2004, the Property suffered significant damage as a result of flooding from a broken pipe, an event which was a covered risk under the Policy.
8. Plaintiff made a claim on the Policy, pursuant to the terms thereof, for payment for the amount required for repair of the damage caused by the flooding, and for loss of business (rental) income in that the damage to the property rendered the residential rental units uninhabitable.
9. In determining the amount required to repair the physical damage to the Property, on or about May 20, 2004, the parties obtained an estimate from Regency Restoration, which indicated that such repair could be made for the sum of $40,094.28. 10. In payment for the repair of the physical damage to the Property, defendant issued payment in the amount of one-half the Regency Restoration estimate.
11. In or about early July, 2004, defendant presented plaintiff with a "Pull and Pinal Release of All Claims," which provided that Plaintiff release defendant for further liability under the Policy for the claim for the sum of $40.097.28, and which provided no amounts for rental loss under the policy. Defendant also advised plaintiff that final payment of repair of the physical damage to the Property would not be made until the Release was executed. 
12. On or about July 8, 2004, in an effort to obtain the proceeds of the policy, and to preserve the claim for rental loss, Plaintiff executed the Release, with the following notation: "exception: Rental loss will be due on the completion of repair."
13. On or about August 5, 2004, defendant notified the plaintiff that it would not accept the Release as amended by plaintiff, and further that it would make no further payment until plaintiff executed a Release in the amount of $41,194.26. Defendant provided no explanation, nor were there discussions or negotiations between the parties regarding the additional $1,000.
14. Plaintiff executed the Release in order to obtain funds necessary to complete the repair of physical damage to the property, and verbally reiterated to the defendant that plaintiff reserved its rights as to the rental loss claim, which could not be determined since construction was not complete, and it was not yet known how long the Property would not be habitable.
15. Plaintiff thereafter submitted the sum of $19,275 as her rental loss claim.
16. Defendant has denied said portion of the claim.
17. Despite the fact that defendant had actual knowledge of plaintiff's intent to submit a claim under the Policy for payment for loss of rental income, defendant required plaintiff to sign the Release, which it now claims to bar submission of said claim, and withheld payment under the physical loss and damage provisions of said Policy, in order to improperly induce plaintiff to sign said Release, in order that defendant could refuse to pay the rental loss claim.
18. The Policy contains an implied covenant of good faith and fair dealing. 
COUNT I BREACH OF CONTRACT
19. Plaintiff incorporates the allegations contained in paragraphs 1 - 18.
20. Despite due demand, Defendant has failed and refused, and continues to fail and refuse to pay $19,275 as required under the Business Income provisions of the Policy.
21. Said failure and refusal to pay said amounts constitutes a breach of the terms of the Policy, and plaintiff has been damaged thereby in the amount of $19,275.
22. In addition, the act of defendant in requiring Plaintiff to execute a release in order to obtain partial benefits of under the Policy, and to relinquish its claim for rental loss before defendant would pay complete payment for the physical damage to the Property constitutes a breach of the covenant of good faith and fair dealing, and an unfair claims practice.
WHEREFORE, Plaintiff prays judgment as follows:
1. For damages for breach of contract and breach of the covenant of good faith and fair dealing in the amount $19,275;
2. For costs of suit incurred herein;
3. For reasonable attorney's fees; and
4. For such other and further relief as the Court deems just and proper.

COUNT II SECTION 375.296 RSMo
22. Plaintiff incorporates the allegations contained in paragraphs 1 - 21.
22. The acts of defendant as alleged herein, including, but limited to, requiring plaintiff to execute a release before paying the remainder of the physical loss and damage claim, failure to promptly address the rental loss claim, requiring plaintiff to sign a
release before addressing the rental loss claim, failing to promptly obtain an estimate for
repair, refusing to allow plaintiff to except from the operation of the Release the rental
loss claim when defendant knew rental loss could not be finally calculated until repair of
the physical damage was near completion and that plaintiff was entitled under the terms
of the Policy to make such a claim and receive payment therefor, were vexatious and
unreasonable.
22. Thirty days has elapsed and defendant continues to refuse to make payment
as set forth herein.
WHEREFORE, Plaintiff prays judgment as follows:
1. For statutory penalties under Sections 375.296 and 375.420 RSMo;
2. For reasonable attorney's fees;
3. For costs of suit incurred herein; and
4. For such other and further relief as the Court deems just and proper.
Respectfully Submitted,
Jeffrey Siegel Esq.  #53304 
6804 . 107th Street, Suite 250 Over nd Park, KS 66212
(913 381-8899
(913) 381-8833 (fax)
Counsel for Plaintiff JSB Properties, Inc. 

(Farm Bureau's Answer)
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
JSB PROPERTIES, INC.,
Plaintiff,
vs.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Defendant.
Cause No. 0516-CV20743 Division No. 16
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION
COMES NOW Defendant Farm Bureau Town & Country Insurance Company of Missouri (hereinafter known as "Farm Bureau") by and through undersigned counsel and for its Answer to Plaintiff's Petition state as follows:
1. Defendant is without sufficient information to admit or deny the allegations contained in paragraph 1 of Plaintiff's Petition, and
2. Defendant lacks sufficient information to admit or deny the allegations contained in paragraph 2 of Plaintiff's Petition and, therefore, denies same.
3. Admit.
4. Denied.
5. Defendant admits that it issued a policy of insurance to Plaintiff having policy number CPP 0207184 00 and a policy period of 10/21/2003 to 10/21/2004. Defendant denies each and every remaining allegation contained in paragraph 5 of Plaintiff's Petition.
6. Denied.
7. Denied.
8. Denied.
9. Admit.
10. Defendant admits issuing payment for twenty thousand five hundred and forty eight dollars and sixty four cents $20,548.64, but denies all other allegations contained in paragraph 10 of Plaintiff s Petition.
11. Denied.
12. Denied.
13. Denied.
14. Denied.
15. Denied.
16. Denied.
17. Denied.
18. Denied.
Count I
19. Defendant incorporates herein by reference it's Answers to paragraphs 1 through 18 of Plaintiff s Petition as if fully set out herein.
20. Denied.
21. Denied.
22. Denied.
WHEREFORE, Defendant Farm Bureau having answered Count I of Plaintiffs Petition, prays to be dismissed with prejudice and with its costs herein expended.
Count II
22. (sic) Defendant incorporates herein by reference it's Answers to paragraphs 1 through 22 of Plaintiff s Petition as if fully set out herein.
22. (sic) Denied.
22. (sic) Denied.
WHEREFORE, Defendant Farm Bureau having answered Count II of Plaintiffs Petition, prays to be dismissed with prejudice and with its costs herein expended.
AFFIRMATIVE DEFENSES
1. 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.
2. For further answer and for its second affirmative defense, Defendant states that Judy Copenhaver, on behalf of JSB Properties, executed a full and complete release of all claims upon her own judgment, belief and knowledge of the full nature and extent of her damages and losses sustained in consideration of a full, fair and reasonable monetary amount.
3. For further answer and for its third affirmative defense, Defendant states that the executed full release of all claims, authorized by Plaintiff, was a lump sum payment in consideration for any and all claims made at the date of the release or thereafter.
4. For further answer and for its fourth affirmative defense, Defendant states that Plaintiff JSB Properties alleged loss of rental income is a direct and proximate result of its failure to mitigate damages through it's delay in repairing or contracting for the repairs to be done to the Property described in Plaintiff s Petition.

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE Cause No. 0516-CV20743 Division No.2
JSB PROPERTIES, INC.,
Plaintiff,
vs.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Defendant.
STIPULATION FOR DISMISSAL WITH PREJUDICE
It is hereby stipulated, by and between plaintiff JSB Properties Inc., and defendant Farm Bureau Town & Country Insurance Company of Missouri, that plaintiffs cause of action against defendant shall be dismissed with prejudice, and that each party shall pay their own court costs. 
RobertL.Brady,#47522 BROWN & JAMES, P.C. 1010 Market Street, 20th Floor St. Louis, MO 63101 341-421-3400 (Phone) 314421-3128 (Fax) rbrady@bipc.com
Attorneys for Defendant 
Jeffrey Siegel 6804 w. 107 Street, Suite 250 Overland Park, KS 66212 (913) 381-8899 (913) 381-8833(fax)
Attorney for Plaintiff

 

FULL AND COMPLETE RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS that JSB Properties, Inc., by and through Ms.
Judy Copenhaver, and in consideration of Six Thousand Two Hundred and Fifty Dollars ($6,250.00), in hand paid by or on behalf Farm Bureau Town and Country Insurance Company of Missouri (known as "Farm Bureau"), and other good and valuable consideration, receipt whereof is hereby acknowledged, has released, acquitted and discharged, and by these presents do release, acquit and forever discharge, said Farm Bureau, and any and all other firms, corporations, subsidiaries or companies associated with Farm Bureau, as well as any and all servants, agents, employees, attorneys and/or representatives of Farm Bureau, of and from any and all actions, causes of action, claims, demands and damages, whether or not now known or contemplated, of whatever name or nature, in any manner arisen, arising, or to arise under Farm Bureau policy number CPP0207184 02, including all claims and causes of action set forth in the lawsuit styled JSB Properties Inc. v Farm Bureau Cause No. 0516-CV20743, in the Circuit Court of Jackson County, Independence, Missouri, as a result of a claimed business income loss due to water damage to the property located at 301 NOlrllh 3fl1 Street, Apartments 5-8, Odessa, Missouri 64076 which allegedly occurred on or about April 14, 2004.
To secure this settlement and the payment of said sums, the undersigned hereby declares that she is of legal age, has legal authority to act on her own behalf and on behalf of JSB Properties Inc., and relies upon her own judgment, belief and knowledge of the nature, extent and duration of damages and losses sustained by her, or which may hereafter result from said claimed occurrence, and all other damages and losses, and that no representations or statements about them, made by the representatives of any party hereby released, have influenced her in making, or induced her to make, this settlement and execute this Full and Complete Release of All Claims under insurance policy number CPP027184 02, and otherwise.
It is understood, acknowledged and agreed that the aforesaid payment is in full satisfaction, extinguishment and bar of any and all claims and causes of action Judy Copenhaver and JSB Properties Inc., may have against Farm Bureau under insurance policy number CPP027184 02 including, but not limited to, claims and causes of action for insurance coverage, business income loss, mortgagee claims, liens, lien holder claims, interest, libel, slander, bad faith damages and/or penalties, attorney's fees and vexatious refusal to pay penalties, and any and all other possible legal and/or equitable remedies Judy Copenhaver and JSB Properties Inc., have or may have, and that all agreements and understandings of the parties are p.llly and completely expressed herein.
It is understood, acknowledged and agreed that said payment is made in consequence of a claim for damages and losses having been asserted by Judy Copenhaver and JSB Properties, Inc., and in compromise of disputed claims for the said property and all other damages and losses above described and referred to, and Judy Copenhaver and JSB Properties, hereby fully and completely release Farm Bureau and all others referred to herein from any and all claims as aforementioned and otherwise.
It is understood, acknowledged, and agreed that, by payment herein, Farm Bureau reserves and preserves any and all rights of subrogation, all legal and equitable remedies, and any and all rights and defenses to any and all claims, whether or not now known or contemplated, of whatever name or nature, under the aforesaid insurance policy that may have been, or may be, made by any person or entity.
It is understood, acknowledged, and agreed that the undersigned, Ms. Judy Copenhaver and JSB Properties, Inc., and its agents shall not disclose the terms and conditions of this settlement, including the dollar amount of the settlement, to any third persons or entities, including any news media outlets and publications, without first obtaining the express written consent of Farm Bureau.
It is further understood, acknowledged, and agreed that the undersigned shall perform any and all further acts and execute any and all documents which may be necessary to carry out the provisions and intent of this Full and Complete Release of All Claims.
The undersigned has thoroughly read and understood this RELEASE OF ALL CLAIMS and fully agrees to its terms.

Judy Copenhaver, Authorized Agent of JSB properties, Inc.
Subscribed and sworn to before me, a notary public, this 2 day of May 2006.
Notary Public
SHARON LAUGHLIN
Notary Pubfic • Notary Seal STATE Of MISSOURI