IN THE CIRCUIT COURT OF HOWELL COUNTY, MISSOURI

TROY MYERS, 
P.O. Box 167 
Winona, MO 65588 
DOB: 05/14/67 
SSN: 494-86-3003, 
Plaintiff,  

vs.                                                              CASE No. 08AZ-CV00070  

FARM BUREAU TOWN & COUNTRY 
INSURANCE COMPANY OF MISSOURI 
Registered Agent: Dan Cassidy 
701 S. Country Club Drive, Box 658, 
Jefferson City, MO 65102, 
Defendant. 

PETITION

COUNT 1 - BREACH OF CONTRACT
Comes now plaintiff and in support of his petition states and pleads as follows:

1.  The Plaintiff herein is an individual over the age of 18 tears residing in Shannon County Missouri.

2.  The Defendant herein is Farm Bureau Town & Country Insurance  Company of Missouri.

3.  Jurisdiction and venyue are proper in Howell County Mo.
4. The Plaintiff herein did obtain through the Defendant a policy of insurance,
Policy No. PRO 004732209, with said policy period being from October 26,2006, until October 26,2007.
5. The Plaintiff herein fully complied with the requirements necessary for the
issuance of a policy and paid the total premium of $555.23 for the relevant policy period.
6. The policy of insurance insured a dwelling and its contents located in Shannon Co. Mo. 
7. On the 30th day of May, 2007 the insured structure was destroyed by fire including the dwelling and its contents.
8. Pursuant to the terms of the policy the Plaintiff submitted to the Defendant proof
of loss forms for the destruction of the personal contents in the dwelling which were insured up to an amount of $48,375.00. Pursuant to the proof of loss forms the value for loss of contents exceeded the amount of insurance available under the policy.
9. Following the submission of the proof of loss forms the Plaintiff requested
payment of the policy limits and the Defendant herein refused to make payment to the Plaintiff.
10. Pursuant to the terms of the applicable Missouri Statutes the Plaintiff herein sent
to the Defendant a 30 day notice demanding payment and further advising Defendant that in the event payment was not made within 30 days that litigation would be commenced. Defendant continues to refuse payment.
11. The insurance policy at the time of the fire on the 30th day of May, 2007, was in
full force and effect.
12. The refusal of the Defendant to pay the claim of the Plaintiff constitutes a breach
of contract and further constitutes a vexatious refusal to pay on behalf of the Defendant entitling the Plaintiff to additional damages pursuant to §375.420 RSMo. and §375.296 RSMo.
13. Pursuant to the vexatious refusal statutes the Plaintiff is entitled to interest, plus
penalties and attorney fees.
WHEREFORE, the Plaintiff requests Judgment against the Defendant in the amount of $48,375.00 plus
interest as allowed under §375.420 RSMo. and §375.296 RSMo., along with reasonable attorney fees; and for such other relief as the Court deems just and proper in the premises.

 

COUNT II - MALICIOUS PROSECUTION COMES NOW the Plaintiff and for Count II states and pleads as follows:
14. The Plaintiff incorporates the preceding paragraphs One through Thirteen as though set forth fully herein.
15. Following the Plaintiff filing his proof of loss forms, and making demand on the
Defendant for payment under the terms of the policy, the Defendant, through its agents, caused to be filed with the Prosecuting Attorney of Shannon County, Missouri, a complaint against the Plaintiff which resulted in an instigation of a judicial criminal proceeding against the Plaintiff for the crime of class C felony of stealing.
16. Following the filing ofthe charges the Plaintiff was required to retain the services
of an Attorney so as to defend the charges and his character resulting in the Plaintiff incurring a substantial amount in attorney fees to provide for his defense.
17. On the 18th day of March, 2008, the charges pending against the Plaintiff were dismissed fully in favor of

the Plaintiff.
18. The Defendant herein by filing said complaint acted maliciously and without
reasonable grounds and was for the purpose of preventing the Plaintiff from pursuing his rights and remedies under the terms of his policy. 19. As a result ofthe acts of the Defendant the Plaintiff was damaged.
20. The Plaintiff request an amount of damages in a fair and reasonable amount to compensate him for said damages.
WHEREFORE, the Defendant requests damages in a fair and reasonable amount against the Defendant; and for such other relief as the Court deems just and proper in the premises.

COUNT III - DEFAMATION OF CHARACTER
COMES NOW the Plaintiff and for Count III of his Petition states and pleads as follows:
21. The Plaintiff incorporates the preceding paragraphs One through Twenty as
though set forth fully herein.
22. Following the Plaintiff filing a claim the Defendant, through its agents and/or
employees, began making allegations that the Plaintiff had committed insurance fraud by attempting to make a claim against personal property which did not exist and/or had been concealed by the Plaintiff.
23. The comments and actions of the Defendant and/or its agents and employees were
slanderous and resulted in the Plaintiff being subject to contempt and ridicule by the public and further deprived the Plaintiff of public confidence and social associations.
24. Such statements were heard by others in the community including law
enforcement officials and the employer of Plaintiff resulting in damage to Plaintiff's reputation.
25  The actions of the Defendant were made without concern of care for the Plaintiff and his reputation and thus Plaintiff is entitled to an amount of damages that are fair and reasonable.

26.  The comments and actio ns of the Defendant and/or its agents and emplloytees were made with reckless disregard as to whether the statements were true of false.

27.  As a result of the failure of kDefendant to properly investigate ffthe allegations without concern as to how it might affect the Plaintiff entitles the Plaintiff to punitive damages in such sum as will serve to punish the Defendant and to deter it and others like it uin the future from such conduct.

WHEREFORE, the Plaintiff request an award of damages and jhudgment against the Defendant in a fair and reasonable amount.
JACOB Y. GARRETT, MO BAR #40327 GARRETT & SILVEY
Attorneys at Law
P.O. Box 729
West Plains, MO 65775   (417) 257-2889

 

No answer filed yet, but I will post it as soon it's filed.