IN THE CIRCUIT COURT OF JOHNSON COUNTY, AT WARRENSBURG, MISSOURI

JUNE 1 3 2005

SHIRLEY TERRY and DARRELL TERRY
Plaintiffs,
v.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI A Missouri Corporation
701 South Country Club Drive Post Office Box 658
Jefferson City, Misoouri 65102 Serve:
Dan Cassidy
701 South Country Club Drive Jefferson City, Missouri 65102
Defendant.
Case No. 05JO-CV00036

PETITION FOR BREACH OF CONTRACT AND FOR STATUTORY DAMAGES
COUNT I
Comes now Plaintiff, Shirley Terry, and for Count I of her cause of action against Defendant,
Farm Bureau Town & Country Insurance Company of Missouri (hereinafter referred to as Farm
Bureau), alleges and states as follows:
1. At all times relevant herein and on August 9,2002, Plaintiffs and Defendant are and were
citizens and residents of Missouri.
2. On August 9, 2002, Plaintiff, Shirley Terry, and Steven Bell were involved in a motor
vehicle collision near Clinton, Missouri. Plaintiff, Shirley Terry, suffered severe, permanent,
progressive and disabling injuries in that motor vehicle wreck as set forth herein, (A copy of the
Missouri Uniform Accident Report is attached hereto, marked "Plaintiffs Exhibit 1," and incorporated by reference for identification purposes.) Steven Bell, at all times relevant herein, is and was a Missouri resident.
3. At all times and places relevant herein and on August 9, 2002, Defendant, Farm Bureau, was and is a Missouri corporation and an insurance company organized under Missouri law and doing business in Johnson County, Missouri. On August 9,2002, and at all times relevant herein, this company maintained and maintains offices and agents in Johnson County, Missouri, to carry out its ordinary and customary business of selling and issuing Missouri automobile insurance policies. This Defendant sold and issued to Plaintiffs an automobile insurance policy that is the subject of this suit and which is applicable to the motor vehicle wreck of August 9,2002, and Plaintiffs' damages related thereto. Venue is proper in the Circuit Court ofJohnson County, Missouri, pursuant to State ex reI. Rothermich v. Gallagher, 816 S.W. 2d 194 (Mo. En Bane. 1991) and Missouri Revised Statutes §508.010 and §508.040.
4. At all times relevant herein, Defendant Farm Bureau sold an automobile insurance policy to Plaintiffs which was in full force and effect on August 9, 2002. Said automobile insurance policy provided underinsured motorist coverages in the amount of $250,000 (combined single limit) on two motor vehicles that apply to Plaintiffs' losses herein and as relates to the motor vehicle wreck of August 9, 2002. Plaintiffs paid a separate premium for the $250,000 in UIM coverages on each vehicle insured and the policy stated there was a separate $250,000 ofUIM coverage on each vehicle. (See "Plaintiffs Exhibit 4," which is attached hereto and incorporated by reference.)
5. On August 9, 2002, at approximately 7:20 a.m., Plaintiff, Shirley Terry, was lawfully
operating a 1993 Ford Tempo (insured by Farm Bureau) westbound on Missouri Highway 7 just east of Country Road S .E. 1051. Mrs. Terry was attempting to make a left turn (southbound) on to Country
Road S.E. 1051, when she was struck in the rear by Steven Bell, who was negligently and carelessly
driving a 1989 Dodge Caravan westbound on Missouri Highway 7.
6. As a direct and proximate result of said collision, Plaintiff, Shirley Terry, was thrown inside
her motor vehicle causing injuries as set forth herein.
7. On August 9, 2002, Steven Bell and his accident motor vehicle were insured by American
Family Insurance Company and said policy only had liability limits of $25,000 that applied to this
accident for Plaintiffs' injuries and damages. Plaintiffs have settled with American Family and Steven
Bell for his liability coverage of $25,000. This was with the knowledge and consent of Defendant Fann
Bureau. This was an amount insufficient to fairly and justly compensate Plaintiffs for their total
damages and injuries.
8. For purposes ofthis suit and Plaintiffs' claims against Farm Bureau herein, Steven Bell was
underinsured and he was operating an underinsured motor vehicle at the time of the subject motor
vehicle wreck triggering Plaintiffs' rights to their underinsurance with Farm Bureau.
9. At all times and places relevant herein and on August 9, 2002, Steven Bell was careless,
negligent, and at fault in causing or contributing to cause said motor vehicle wreck in the following
respects, to-wit:
b. he failed to keep a careful lookout for the roadway and for the vehicle, Plaintiff, Shirley Terry, was operating;
c. he drove at an excessive speed under the circumstances then and there existing;
d. he knew, or by the use of the highest degree of care could have known, that there was a reasonable likelihood of collision in time thereafter to have stopped, swerved, slackened his speed, sounded a warning, slackened his speed and sounded a warning, or swerved and sounded a warning, but Defendant failed to do so;
e. he failed to keep the motor vehicle he was operating under proper control;
e. he drove at a speed which made it impossible to stop within the range of his visibility;
f. he was following Plaintiffs' vehicle too closely in violation of Missouri Revised Statute §304.0l7, constituting negligence per se;
g. he failed to lawfully stop his motor vehicle before striking Plaintiffs' motor vehicle in the rear-end;
h. he drove too fast for road conditions;
1. he was driving too fast for road conditions, overtaking and colliding with the motor vehicle Plaintiff was operating, constituting negligence per se;
J. he struck the rear of Plaintiffs' vehicle, constituting negligence per se; and
k. he operated his motor vehicle in a careless and imprudent manner in violation of Missouri Revised Statutes §304.0l0, §304.0l2 , §304.0l4 and §304.0l7, constituting negligence per se.
lO. The August 9, 2002, motor vehicle collision caused or contributed to cause injury to the
neck and upper back and both upper extremities of Shirley Terry, specifically requiring testing, imaging
and conservative, invasive and surgical treatment of her upper extremities; and said collision directly
caused or contributed to cause injury to her upper back and neck causing pain, dysesthesia, impairment
of function and treatment thereto to said spinal areas and upper extremities. Mrs. Terry will require
future medical care and treatment.
11. As a direct and proximate result of the carelessness and negligence of Steven Bell and the
motor vehicle collision of August 9, 2002, Plaintiff, Shirley Terry, prays for fair and reasonable
damages against Defendant for her personal injuries and for all Farm Bureau's insurance coverages that
are applicable to the subject motor vehicle wreck under the Terrys' policy. 
12. At all times and places relevant herein, Defendant, Farm Bureau, was given timely and proper notice of the subject motor vehicle wreck and of Plaintiffs' losses and claims under their Farm Bureau auto insurance policy.
13. At the times relevant herein, Farm Bureau undertook the investigation, handling and adjustment of Plaintiffs' losses and claims for medical expenses and underinsured motorist coverages.
14. On August 30, 2002, Plaintiff, Shirley Terry, through her attorney, made a written offer to settle Plaintiffs' underinsured motorist losses with Defendant for $250,000. Plaintiffs' offer to settle was left open for sixty (60) days. No settlement was reached or finalized within sixty (60) days and in fact, no offer was made by Farm Bureau. (See "Plaintiffs' Exhibit 3," which is attached hereto and incorporated by reference.)
15. Plaintiffs and their attorney made numerous attempts thereafter to settle Plaintiffs' underinsured motorist losses with Defendant prior to filing suit. On each and every occasion, Defendant refused to settle or to pay the underinsurance benefits due Plaintiffs. Defendant thereby breached its contractual obligations and fiduciary duty to Plaintiffs for which Plaintiffs seek breach of contract damages and all other damages allowed by Missouri law and specifically Missouri Revised Statutes §375.296 and§375.420. (See Plaintiff's Exhibits 73, 76, 77,80,82,85,87,88,96,97,99, 101, 102, 105 and 107.) Defendant's conduct throughout all relevant time periods has been vexatious.
16. The aforesaid Terry Farm Bureau insurance policy was in full force and effect at the time of the subject motor vehicle wreck and it insured and covered Plaintiffs for their damages and losses
related to the August 9, 2002, motor vehicle wreck.
17. Plaintiffs have performed and complied with all terms precedent concerning their Farm Bureau insurance policy and as relates to their claims and losses related to the August 9, 2002, motor vehicle accident.
18. Plaintiffs have made and further furnished to Defendant, Farm Bureau, due notice of their claims and Plaintiffs have made a request for payment from Defendant, Farm Bureau, for their underinsured motor vehicle coverages.
19. Defendant, Farm Bureau, has failed and refused to timely or otherwise pay all sums of money due to Plaintiffs under the aforementioned insurance policy. In violation of Missouri Revised Statutes §375.296 and §375.420 and Missouri's Unfair Claims Practices Act and related insurance regulations, Defendant, Farm Bureau, has refused to pay all of Plaintiffs' losses and damages without reasonable cause, excuse or reason entitling Plaintiff to vexatious damages, interest, costs and a reasonable attorneys' fee.
20. Plaintiffs are legally entitled to recover their damages from Steven Bell and Defendant, Fann Bureau, because of the bodily injuries suffered by Shirley Terry in the August 9,2002, motor vehicle accident.
21. Although Plaintiffs have duly performed with all terms and conditions of said insurance policy on their part to be performed and has demanded payment oftheir losses from Defendant, Farm Bureau, said Defendant has failed and refused and continues to fail and refuse to make payment of said losses to Plaintiffs under said insurance policy. Defendant Farm Bureau has thereby breached its contract obligations with Plaintiffs for which damages are sought as allowed by Missouri law.
22. As a direct and proximate result of the actions of Defendant Farm Bureau, Plaintiffs are entitled to no less than 20 percent of the first $1,500 of Plaintiffs' losses and 10 percent of the amount of Plaintiffs' losses and damages in excess of $1,500 plus a reasonable attorneys' fees in an amount to be determined by the Court, for all interest accrued to date and ongoing at the rate of nine (9%) percent per annum, and for such other and further relief as the Court shall deem just and proper, including the statutory costs of this action including the expenses of all video depositions.
23. Plaintiffs incorporate by reference all allegations contained in Count II as though more fully set forth herein.
24. Plaintiff, Shirley Terry, pursuant to Missouri Revised Statute §527.010 and Supreme Court Rule 87 requests the Court to declare the rights and duties of the parties under Plaintiffs' Farm Bureau automobile policy that is the subject of this suit and to determine if there are ambiguities in Farm Bureau's policy provisions and declarations page such that the DIM coverages stack.
WHEREFORE, Plaintiff, Shirley Terry, prays for judgment against Defendant Farm Bureau for all of her contractual and statutory damages, for fair and reasonable damages for her personal injuries, together with her costs herein incurred including all expenses of all video depositions and transcripts, for prejudgment and post judgment interest at the lawful rate of nine (9) percent per annum, for vexatious damages, for a reasonable attorneys' fee and for such other and further relief as the Court shall deem just and proper under the facts and circumstances, including a declaration of Plaintiffs' rights and Defendant's obligations under the Terry Farm Bureau automobile insurance policy referred to herein.
COUNT II
Comes now Plaintiff, Darrell Terry, and for his cause of action in Count II hereof against Defendant, alleges and states as follows:
1. Plaintiff, Darrell Terry, realleges, restates and incorporates by reference in this Count II each and every allegation contained in this Count I of this Petition For Damages as though more fully set forth herein.
2. At all times mentioned herein, Plaintiff, Darrell Terry, and Plaintiff, Shirley Terry, were and are husband and wife.
3. As a direct and proximate result of the motor vehicle accident of August 9, 2002, all as aforesaid, and of the severe, multiple, permanent, progressive and disabling injuries sustained by his 
wife, Plaintiff, Darrell Terry, sustained damage. He has been and will continue to be required to expend
and obligate himself for sums for medical treatment and care for his said wife and Plaintiff, Darrell
Terry, has been and will continue to be deprived of the society, support, income, consortium, service,
affection, comfort, love, companionship and conjugal rights of his said wife such as existed prior to said
injuries to her and that he has suffered damage in the past and will continue to suffer damage in the
future.
4. As a direct and proximate result of the aforesaid motor vehicle wreck of August 9, 2002,
and the resulting injuries to his wife, Shirley Terry, Plaintiff, Darrell Terry, prays for fair and reasonable
damages, for prejudgment and post-judgment interest, for vexatious damages, for a reasonable
attorneys' fee and the statutory court costs including all costs and expenses of all video depositions and
transcripts.
WHEREFORE, Plaintiff, Darrell Terry, prays for judgment against Defendant Farm Bureau for
all of his contractual and statutory damages, for fair and reasonable damages for his damages, together
with the statutory costs herein incurred including all depositions, for prejudgment and post judgment
interest at the lawful rate of nine (9) percent per annum, for vexatious damages, for a reasonable
attorneys' fee and for such other and further relief as the Court shall deem just and proper under the
facts and circumstances, including a declaration of Plaintiffs' rights and Defendant's obligations under
the Terry Farm Bureau automobile insurance referred to herein.

ANDREW J. GELBACH Professional Corporation Attorney at Law
109 East Market Post Office Box 375 Warrensburg, MO 64093 Telephone: (660) 747-5138 FAX: (660) 747-8198

Wm. Dirk Vandever The Popham Law Firm
323 West 8th Street, Suite 200 Kansas City, MO 64105 Telephone: (816) 221-2288 FAX: (816) 221-3999
ATTORNEYS FOR PLAINTIFFS