IN THE CIRCUIT COURT OF CHRISTIAN COUNTY, MISSOURI
JANET SUMMERS,  
Plaintiff,  
vs.
FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI, 
Registered Agent: Mr. Dan Cassidy  701 S. Country Club Drive Box 658 )
Jefferson City, MO 65102,
Defendant.
FILED APR 09 2004
CIRCUIT CLERK CHRISTIAN COUNTY MO
PETITION
COMES NOW Plaintiff, by and through her attorneys, and for her cause of action against
Defendant hereby states:
1. Plaintiff is and was at all times mentioned herein a resident of Stotts City, Missouri.
2. Defendant is and was at all times herein mentioned a Missouri insurance company
organized under the laws of the State of Missouri and doing business in the State
of Missouri; said Defendant maintains an agent in Christian County, Missouri for
the transaction of its usual and customary business.
3. On or about July 1, 2003, for and in consideration of the payment of a premium,
Defendant issued to Plaintiff its policy of insurance insuring Plaintiff for loss or
damage by fIre to Plaintiff's building, for contents, debris removal, and other 
coverages stated within the policy. Said policy was numbered CPP020864501 with
an effective date of July 1, 2003 to July 1, 2004.
4. That Plaintiff was at the time said policy was issued, and upon the date of the loss
set forth herein, the owner of the building described in said policy, and was the
owner of contents contained therein, all of which constituted insured property
under Defendant's policy of insurance.
5. That on or about October 9, 2003, a fIre occurred to Plaintiff's building totally
destroying both the building and the contents located therein.
6. Plaintiff has incurred debris removal loss as a result of the aforesaid fire, and
Plaintiff is therefore entitled to recover from Defendant proceeds for this loss, as
well as other coverages provided in Defendant's policy of insurance.
7. Defendant received notice of the fire loss to Plaintiff's building and contents and
has made payment to the mortgagee named in its policy of insurance with Plaintiff,
up to the mortgage amount, but has announced its refusal to make any payment to
Plaintiff under its policy of insurance for the reason that Defendant claims it
cancelled its policy of insurance with Plaintiff pursuant to the policy's cancellation
provision before the date of the fIre loss. Plaintiff has complied with all terms and
conditions precedent under Defendant's policy of insurance.
8. Defendant is now obligated to pay Plaintiff for the loss sustained; however,
Defendant has failed and refused to make payments owing under its policy of
insurance, and at this time continues to fail and refuse to make payments owing
under its policy of insurance. Plaintiff is entitled to damages in the amount of
$128,000.00 with respect to the building, $20,000.00 with respect to contents
located therein, additional sums for debris removal, and interest at the rate of nine
percent (9 %) per annum.
9. Defendant's refusal to pay the loss sustained by Plaintiff is vexatious and without
reasonable cause or excuse; hence, Plaintiff is entitled to damages in the amount
of twenty percent (20%) of the first $1,500.00 due and owing Plaintiff, and ten
percent (10 %) of the remaining amount due and owing Plaintiff, plus reasonable
attorneys fees.
WHEREFORE, Plaintiff prays for judgment against Defendant for $128,000.00 with
respect to the building, $20,000.00 with respect to contents, additional amounts for debris
removal, other amounts owed under Defendant's policy, interest at the rate of nine percent (9%)
per annum from the date of Defendant's refusal, her costs herein expended, vexatious penalties
in the amount of twenty percent (20 %) of the first $1 ,500.00 due and owing Plaintiff, ten percent
(10 %) of the remaining amount due and owing Plaintiff, reasonable attorneys fees, and such other
and further relief in favor of Plaintiff as the court deems proper.
HEARNE & PIVAC BY MICHAEL T. PIVAC Missouri Bar No. 31474 HEARNE & PIVAC
2101 W. Chesterfield Blvd., Bldg. C PMB-91
Springfield, MO 65807 Telephone (417) 883-3399

(Farm Bureaus answer)
IN THE CIRCUIT COURT OF CHRISTIAN COUNTY STATE OF MISSOURI
JANET SUMMERS,
Plaintiff,
vs.
FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Defendant. 
CASE NO.: 04CT-CV00354
DEFENDANT'S ANSWER 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, states as follows:
1. Defendant is without sufficient information to either admit or deny the allegations
contained in paragraph 1 of Plaintiff's Petition and therefore denies same.
2. Admitted.
3. Defendant admits that that it issued a policy of insurance to plaintiff having policy
number CPP0208645 01, with a policy period of July 1, 2003 through July 1, 2004. Defendant
denies each and every remaining allegation contained in paragraph 3 of Plaintiff's Petition.
4. Defendant is without sufficient information to admit or deny the allegations
contained in paragraph 4 of Plaintiff's Petition and therefore denies same.
5. Denied.
6. Denied.
7. Defendant admits that it received notice of the fire. Defendant further admits that
it has made payment to the mortgagee. Defendant also admits that it has refused to provide coverage to plaintiff because the policy was cancelled prior to the date of the fire. Defendant denies that plaintiff has complied with all terms and conditions precedent under the policy.
8. Denied.
9. Denied.
AFFIRMATIVE DEFENSES
A. For further answer for its first affirmative defense, defendant states that plaintiff is
barred from recovery and there is no coverage under the policy because the policy had been
properly cancelled by defendant for non-payment of premium prior to the date of the fire.
SET-OFF
As noted in Plaintiff's Petition, defendant has made payment to the mortgagee in the
amount of $38,923.45. In the event of a judgment in favor of plaintiff in the instant action,
defendant is entitled to, and specifically pleads for, a set-off in the amount of its payment to the
mortgagee against any judgment in favor of plaintiff.
Wherefore, having answered Plaintiff's Petition, defendant prays to be dismissed with
prejudice, for its costs herein expended, and for such other and further relief as this Court
deems just and proper under the circumstances.
Robert L. Brady #47522
BROWN & JAMES, P.C. Attorneys for Defendants 1010 Market Street, 20th Floor St. Louis, MO 63101 314-421-3400
Fax: 314-421-3128