3/22/07  ( I received this letter today, I have decided the Missouri Dept. of Insurance is totally useless from a policyholders side of any issue with an insurance company.  I have been told this dept. is a revolving door for former and future insurance company personel.) This government agency is only usefull to get statistical data on insurance companies, and that is important information for policyholders.

Matt Blunt Governor
State of Missouri
March 16, 2007
Maurice L Gash
981 Owl Creek Parkway Odessa, MO 64076
RE: File # 07J000059
Policy # PRO 024400601
Dear Mr. Gash:
CONSUMER AFFAIRS DIVISION
Mary Kempker, Division Director
Department of Insurance financial Institutions and Professional Reaistration Doualas M Ommen, Director
I reviewed your file documentation and Farm Bureau's response and documentation.
Pursuant to Case No 05LF-CV01310 in the Circuit Court of Lafayette County, MO, Division I, on February 14,2007, the Honorable Dennis A. Rolf signed a judgment against Farm Bureau indicating Farm Bureau would pay $125,000 for the July 9,2003 claim. The judgment also indicates the "plantiffs agreed to dismiss with prejudice all claims and causes of action set for in the instant lawsuit. .. " By signing this judgment, it indicates the judge verifies both parties agreed to the settlement.
It's my understanding that mold is present in your home and you want to claim coverage under your homeowner's coverage. The claim was denied as it is a direct result of the fire loss in 2003. The court of law is a higher jurisdiction than the Department. If you disagree with this determination, your only recourse is through a court of law as your request exceeds the Department's authority.
Mary Kemper Director, Division of Consumer Affairs
573-751-2640
MK/cg
cc: Farm Bureau Town & Country Ins Co of MO
301 West High Street, Room 530, P.O. Box 690 • Jefferson City, Missouri 65102-0690' Telephone 573/751-2640 *Fax 573/526-4898 * TDD 1-573-526-4536 (Hearing Impaired) http://www.insurance.mo.gov

 

3/19/07  (Farm Bureau sent this letter to MDI on 1/22/07, I received it by fax from MDI today)

 

MISSOURI FARM BUREAU INSURANCE SERVICES, PO Box 658 Jefferson City Missouri
JANUARY 22, 2007
MO DEPT OF INSURANCE FINANCIAL INSTITUTIONS & PROFESSIONAL REGISTRATION
PO Box 690 JEFFERSON CITY MO 65102-0690
ATTENTION: MARY KOLB - CONSUMER AFFAIRS DIVISION
RE:
YOUR FILE NUMBER: 07J000059 (MAURICE GASH)
OUR CLAIM NUMBER: 126646
DATE OF LOSS: 7/9/2003
NAIC NUMBER: 026859
UNDERWRITING CO:
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI
Dear Ms. Kolb:
Please allow this correspondence to serve as Farm Bureau's response to the above referenced complaint. As Mr. Gash indicates, he appeared in Farm Bureau's office in Odessa, Missouri on November 22, 2006 and stated that he wanted to make a claim. The claim he was attempting to make was for alleged mold damage to his home at 11894 Old 40 Highway, Odessa, Missouri resulting from a fire loss which occurred on July 9, 2003. Mr. Gash's complaint fails to mention several important facts. Mr. Gash filed a lawsuit against Farm Bureau on October 26. 2005 in the Lafayette County Circuit Court. The case was styled Maurice L. Gash and Nancy L. Gash v. Farm Bureau Town & Country Insurance Company of Missouri, Case Number 05LF-CV01310. The lawsuit involved a dispute over a claim Mr. Gash presented to Farm Bureau under policy number PRO0244006 for property damage arising out of the same fire loss of July 9, 2003.
In the lawsuit, Mr. Gash alleged that the home in question was “destroyed by fire" and that he was entitled to recover the $121,500 dwelling limit. The case was in litigation for over one year. On November 8, 2006, Mr. and Mrs. Gash and Gene Parton of Farm Bureau, along with their respective attorneys, appeared in the Lafayette County Circuit Court for trial before the Honorable Dennis Rolf. Prior to the commencement of trial, the parties reached a compromise settlement.
Specifically, Farm Bureau agreed to pay Mr. Gash a total of $125.000 under the policy for all damages sustained as a result of the fire. In exchange, Mr. and Mrs. Gash agreed to release Farm Bureau from any further liability under the policy and to dismiss their lawsuit with prejudice.
As stated above, the claim Which Mr. Gash attempted to present to Farm Bureau on November 22, 2006 involved alleged mold damage to the home resulting from the July 9, 2003 fire loss. Mr. and Mrs. Gash have waived their right to bring any such claim pursuant to the terms of the settlement agreement reached on November 8, 2006. The recent claim Mr. Gash attempted to present is nothing more than an improper attempt to avoid the effect of the settlement agreement.
Mr. Gash states in his complaint that he has not heard from Farm Bureau since he attempted to present a claim on November 22, 2006. This is simply not true. Mr. Gash was advised the very same day, via a letter to his attorney, that his new claim was barred pursuant to the terms of the settlement agreement. Please refer to our attorney's letter to Mr. Gash's attorney dated November 22, 2006, a copy of which is enclosed. Mr. Gash was subsequently advised again via correspondence to his attorney dated December 19, 2006 that Farm Bureau would be taking no action with respect to the new mold claim in light of the settlement agreement. Please refer to our attorney's letter to Mr. Gash's attorney dated December 19, 2006, a copy of which is enclosed.
Our attorney has had multiple telephone conferences with Mr. Gash's attorney, Jim Rust, and Judge Dennis Rolf regarding this matter. All three are in agreement that Mr. Gash's attempt to present a new claim is improper because it is clearly covered by the terms of the settlement agreement. Judge Rolf has also advised our counsel that he will summarily dismiss any lawsuit Mr. Gash may elect to file on this new claim.
In short, Mr. and Mrs. Gash agreed to accept $125,000 for all damages sustained as a result of the fire and the matter has been settled. Accordingly, as Mr. Gash has been advised, Farm Bureau will be taking no action with respect to the new claim he attempted to present
Thank you for the opportunity to provide this response to Mr. Gash's complaint. Should you have any Questions, or if you need any further information, please do not hesitate to contact me.
Respectfully
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI
Michael R. Wilson
Representative for Consumer Affairs 573-893-1529 FAX: 573-893-1813 www.mwilson@mofb.com
Enclosure(s}
cc: Home Office

 

3/16/07  (Phone call from Carol Harden at Missouri Dept. of Insurance)  Carol Harden called and said Farm bureau had sent her a copy of the Judgement order by Judge Rolf on 2/14/07.  She said Farm Bureaus position was that we no longer had a fire loss claim with Farm Bureau because the order stated that:  "WHEREAS, the Court finds that the parties reached a compromise settlement on said date whereby plaintiffs agreed to dismiss with prejudice all claims and causes of action set forth it the instant lawsuit in exchange for defendant's agreement to pay plaintiffs a total of One Hundred Twenty-Five Thousand Dollars ($125,000.00) under insurance policy number pro0244006 for all damages sustained as a result of a fire which occurred on July 9, 2003 at plaintiffs' property located at 11894 Old 40 Highway, Odessa, Missouri  64076-5284. Defendant further agreed to dismiss its Counterclaim with prejudice."   My attorney immeadeatly faxed her the true Judgement Order signed by Judge Rolf on 2/14/07 which reads as follows.

 

"WHEREAS, the Court finds that the parties reached a compromise settlement on said date whereby plaintiffs agreed to dismiss with prejudice all claims and causes of action set forth it the instant lawsuit in exchange for defendant's agreement to pay plaintiffs a total of One Hundred Twenty-Five Thousand Dollars ($125,000.00).  Defendant further agreed to dismiss its Counterclaim with prejudice."   I will hi-lite in red what Farm Bureau added to the Judgement Order,  I call that another lie by Farm Bureau.

 

(Response to Third Complaint 3/9/07)

From: carol.harden@insurance.mo.gov
To:  luckybatt@comcast.net 
Sent: Friday, March 09, 2007 3:06 PM
Subject: Complaint form
Mr. Gash, I am in receipt of your recent email complaint. I have the file on my desk and I will try to get it reviewed in the next few days and get back to you. I am sorry for the delay, we are short staffed right now and been very busy. I will respond to you by Thursday or Friday of next week.
Thank you,
Carol A. Harden
Consumer Services Coordinator, Consumer Services Division;
Department of Insurance, Financial Institutions and Professional Registration
(573) 751-2640 (800) 726-7390 (573) 526-4898 Fax
email: carol.harden@insurance.mo.gov

 

 

Third Complaint Sent 3/6/07
The following information has been sent to Insurance:
Release of Information: Release-none Name: Gash, Maurice L
EmaiI Address:luckybatt@comcast.net Street Address: 981 owl creek parkway City, State, Zip: odessa, MO 64076 Home Telephone Number: 816-633-4344 Office Phone Number: 816-633-4344 Age: 50-64
Insured Name:Gash, Maurice L
Name of company the complaint is against: Farm bureau town and country
Company's City, State, and Zip: Jefferson City Missouri 65102 Policy or Id Number: pro024400601
Effective Date: 7/1/03
Claim Number: 0126646
Agent Name: Jeff Hudson
Date of Loss: 7/9/03
Type of Insurance Involved: Homeowners Reason(s) for complaint: Claim problem,
Details of complaint: This is a new complaint against Farm Bureau Town & Country Insurance. My first complaint, #04J000098 to you was on 1/12/2004 and resulted in absolutly no assistance to me. I would classify your involement as merley a messenger, delivering notes back and forth between Farm Bureau and myself. As a taxpaying citizen I request that you investigate my complaint throughly and competently, If you do investigate the case you will see that Farm Bureau violated the Fair Claims Settlement Practices act more than once in responding to my claim. I again ask you to do a through and competent investigation of my complaint. Thank You, Maurice Gash.
https:insurance.mo.gov/cgi-bin/vmailNEW.cgi

 

 

(Response to Second Complaint 1/4/07)
Matt Blunt Governor
State of Missouri
January 5, 2007
Maurice L Gash
981 Owl Creek Parkway Odessa, MO 64076
CONSUMER AffAIRS DIVISION
Mary Kempker, Division Director
Department of Insurance financial Institutions and Professional Reigistration Douglas M Ommen, Director
PLEASE REFER TO FILE NUMBER:
Dear Ms. Gash:
Farm Bureau Town & Country Ins Co of Mo
Your letter of concern regarding the above-mentioned insurance company has been received, and I wiII give it my immediate attention.
I am instructing the insurance company to supply us with facts and documents supporting its position. We will make every effort to get a response from the company within a reasonable time period. To determine compliance with policy provisions, state statutes and regulations, I will review the information received from the insurance company.
Pursuant to 20CSR 100-4.100, the Insurance Company is allowed 20 days to respond to the Department. Our goal is to complete this process in about 30 days, but it can take up to 60 days to obtain and review the original response. We will contact you when we have been able to review the information supplied by the insurance company as it relates to your original complaint materials. If our process is going to take longer than 60 days, we will send you an update in our process in the handling of this matter.
Thank you for contacting the Missouri Department of Insurance, Financial Institutions and Professional Registration.
Mary Kolb Consumer Services Specialist II 573-526-4913
MK/kg
301 West High Street, Room 530, P.O. Box 690 • Jefferson City, Missouri 65102-0690' Telephone 573/751-2640 *Fax 573/526-4898 *

 

 

Second Complaint Sent 1/4/07 

The following information has been sent to Insurance:
Release of Information: Release-none Name: Gash, Maurice L
Email Address: luckybatt@comcast.net Street Address: 981 owl creek parkway City, State, Zip: Odessa, MO 64076 Home Telephone Number: 816-633-4344 Office Phone Number: 816-633-4344 Age: 50-64
Insured Name: Gash, Maurice L
Name of company the complaint is against: Farm Bureau Town and Country
Company's Street Address: PO box 658
Company's City, State, and Zip: Jefferson City Missouri 65102 Policy or Id Number: pro 0244006 01
Effective Date: 7/1/03
Agent Name: Jeff Hudson
Type of Insurance Involved: Homeowners
Reason(s) for complaint: Claim problem, Claim delay,
Details of complaint: I filed a complaint on 11/22/06 at agent Jeff Hudson’s office in Odessa Mo. I had not heard from them so yesterday at 2:15pm I stopped at the Odessa office and requested a copy of the claim from the office secretary Cheryl Hawn. She showed me a copy to read. I ask her for a copy and she said of course, and produced one from her office computer. Before giving it to me she took it to the adjuster David Krause and he told her not give me a copy. At the present time I do not know where I stand in the claim process. After reading a series of articles in the Kansas City Star newspaper about unscrupulous activities by different insurance companies and learning that farm bureau was among the worst I felt I should file this complaint hoping you would be able to assist me in getting my claim resolved fairly. I am sending a copy of the newspaper article for your information through the regular mail. I expect you to get a copy of my claim and forward it to me. With a copy of the claim in front of me I will be able to provide you with the date of loss and a claim number. Maurice L Gash
https://insurance.mo.gov/cgi-bin/vmaiINEW.cgi 1/4/2007

 

 

First Complaint Sent 1/12/04 
The following information has been sent to MDI:
Name: GASH, MAURICE L Social Security Number:
Emall Address: lucky@areatech.com Street Address: 11894 old HWY 40 City, STATE, Zip: odessa, MO 64076
Home Telephone Number: (816)230-3187 Insured Name: SAME
Name of company the complaint is against: F ARM BUREAU TOWN AND COUNTRY
Company's Street Address: POBOX 658
Company's City, State, and Zip: JEFFERSON CITY, Mo. 65102 Group or certificate number: MEM. 0323774
Policy or Id Number: PRO 024400601
Effective Date: 7/1/03
Claim Number: 126646
Agent Name: JEFFERY HUDSON Date of Loss: 7/9/03
Type of Insurance Involved: Homeowners Reason(s) for complaint: Claim delay, Unfair offer,
Details of complaint: IT HAS BEEN OVER SIX MONTHS SINCE THE FIRE AND WE HAVE ONLY BEEN PAID TWO THOUSAND DOLLARS TOWARD OUR EXTRA EXPENSES ON 9/9/03. THE ADJUSTER, AMIEE STIDHAM STATED SHE WOULD PAY THE CLAIM BY THE END OF SEPTEMBER, 03. IT HAS NOT BEEN PAID YET. SHE ALSO STATED SHE WOULD GIVE US A DOLLAR FIGURE OF WHAT THEY MIGHT PAY SO WE COULD PLAN ON EITHER REBUILDING OR REPAIRING. THIS HAS NOT BEEN DONE YET. SHE STATED THAT SHE WOULD HAVE OUR SALVAGEABLE ITEMS CLEANED AND REPAIRED SOON AFTER THE FIRE, THIS HAS NOT YET BEEN DONE. SHE HAD ONE COMPANY PROVIDE A REPAIR ESTIMATE OF $131,534.56 FOR THE REPAIRS. I OWN A DEVELOPMENT COMPANY OF MY OWN AND I PROVIDED AN ESTIMATE OF $144,021.00 FROM THIS COMPANY. SHE THEN HAD AN APPRAISER APPRAISE THE HOUSE AS IT WAS BEFORE THE FIRE, THEN AN APPRAISAL AS THE HOUSE IS POST FIRE.
THEN SHE OFFERED ME THE DIFFERENCE BETWEEN THE TWO APPRAISALS WHICH WAS $50,000.00. MY POLICY STATES THAT THEY WILL PAY FOR THE REPAIRS AT REPLACEMENT COST. MY COMPANY HAS REPAIRED THE HOUSE i AND I HAVE SUBMITTED THE INVOICE OF $ 138,000.00 FROM MY COMPANY TO THE ADJUSTER ON NOVEMBER 19, 03. I HAVE SUBMITTED PERSONAL PROPERTY INVENTORY SHEETS TOTALING $140.079.20 ON 8/4/03, AND ADDITIONAL LIVING EXPENSE RECEIPTS THROUGH DECEMBER 29, 03. TOTALING $50,273.81. THE ADJUSTER TOLD ME IN A LETTER DATED 12/24/03 THAT SHE WOULD REEVALUATE HER OFFER IF I SEND HER ITEMISED RECEIPTS FOR THE REPAIRS. I FEEL THAT THE INVOICE FROM MY DEVELOPMENT COMPANY SHOULD BE PROPER AND SUFFICENT. MY POLICY IS FOR $121,500.00 DWELLING, $91125.00 PERSONAL CONTENTS, AND ACTUAL EXPENSES. WITH REPLACEMENT COST AND INFLATION PROTECTION.
SINCERLY MAURICE L GASH,