(Tompkins Petition) 
STATE OF MISSOURI COUNTY OF WAYNE
IN THE CIRCUIT COURT OF WAYNE COUNTY STATE OF MISSOURI
THERON TOMPKINS,
Plaintiff,
vs.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Serve: Dan Cassidy
701 S. COUNTRY CLUB BOX 658
JEFFERSON CITY MO 65102
Defendant.
PETITION
BREACH OF CONTRACT
COMES NOW Plaintiff, Theron Tompkins, by and through his attorney, Jeffrey L.
Unger, of the law firm of Edmundson, Summers, Hopkins & Edmundson, and for his cause
of action against the Defendant, Farm Bureau Town & Country Insurance Company of
Missouri, respectfully states as follows:
1 . That the Plaintiff, Theron Tompkins, is an individual residing in Patterson,
Wayne County, Missouri.
2. That the Defendant, Farm Bureau Town & Country Insurance Company of
Missouri, is a Missouri corporation, and maintains an office for the transaction of its usual
business in Wayne County, Missouri.
3. That Defendant issued Plaintiff a home owner's policy, number
PROOO 1481606, in consideration of the payment of premiums by Plaintiff to Defendant.
4. Under said policy of insurance, Defendant insured Plaintiff's home, located
in Wayne County, against certain losses, including earthquake damage.
5. On or about April 21, 2004, an earthquake was registered in Patterson,
Missouri, resulting in serious damage to Plaintiff's home, including, but not limited to, cracks in concrete, basement walls, rock work, window framing, ceilings and walls.
6. That said policy of insurance was in force and effect on the date of the
earthquake, and Plaintiff timely notified Defendant of his loss.
7. Defendant, despite Plaintiff's demand for payment, has refused to provide
Plaintiff with proceeds from his policy of insurance, and, on November 19, 2004, denied coverage for the loss.
8. Plaintiff has suffered considerable damage in excess of $ 1 00,000.00 due to
Defendant's breach of its insurance policy with Plaintiff.
9. Further, due to Defendant's refusal to make payment under and in
accordance with the terms and provisions of the policy of insurance, without reasonable cause, said refusal being vexatious in nature, Plaintiff is entitled to recovery under Sections 375.296 and 375.420 RSMo.
WHEREFORE, Plaintiff, Theron Tompkins, prays that a Judgment be rendered against Defendant, Farm Bureau Town & Country Insurance Company of Missouri, in such sum as to adequately compensate Plaintiff for his damage suffered herein, together with his attorneys' fees and other costs expended herein.
Respectfully Submitted,
EDMUNDSON, SUMMERS, HOPKINS & EDMUNDSON Attorneys at Law Post Office Box 1049 Poplar Bluff, Missouri 63902-1049 Telephone: 573-785-6416 Fax: 573-785-2130
ATTORNEYS FOR PLAINTIFF 

(Farm Bureaus Answer)
IN THE CIRCUIT COURT OF WAYNE COUNTY STATE OF MISSOURI
THERON TOMPKINS, 
Plaintiff,
v. 

FARM BUREAU TOWN & COUNTRY ) INSURANCE COMPANY OF MISSOURI, 
Defendant. 
Case No. 04CV836897 
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 and Affirmative Defenses to
Plaintiff Theron Tompkins's Petition, states to the court the following:
1. Defendant Farm Bureau is without sufficient knowledge or information to form a
belief as to the truth of paragraph 1, and therefore denies the same.
2. Admitted.
3. Defendant Farm Bureau admits that is issued Policy Number PR000014816 to
Theron Tompkins, but denies any remaining allegations in paragraph 3.
4. Defendant Farm Bureau admits that it issued Policy Number PROOOO 14816 to
Theron Tompkins, but denies any remaining allegations in paragraph 4. Defendant affirmatively
states that the policy speaks for itself.
5. Denied.
6. Defendant Farm Bureau admits that it issued Policy Number PR000014816 to
Theron Tompkins, but denies any remaining allegations in paragraph 6. Defendant affirmatively
states that the policy speaks for itself.
7. Denied.
8. Denied.
9. Denied.
AFFIRMATIVE DEFENSES
1. For further answer and for its First Affirmative Defense, defendant states that
plaintiffs 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
there is no coverage for damages alleged by plaintiff because plaintiff s damages were caused by
a combination of any or all of the following: wear and tear; deterioration; an inherent vice; a
latent or inherent defect; wet or dry rot; settling, cracking, shrinking, bulging, or expansion of
pavement, patios, foundations, walls, floors and ceilings, and the policy of insurance referred to
in Plaintiffs Petition contains the following exclusion:
We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other causes or events that contribute concurrently or in any other sequence to the loss.
1. Wear and tear, marring or scratching; deterioration; inherent vice; latent or inherent defect; mechanicaJ breakdown; rust; mold; wet or dry rot; 
Settling, cracking, shrinking, bulging, or expansion of pavement, patios, foundations, walls, floors ceilings, or swimming pools ...
WHEREFORE having fully answered Plaintiffs Petition, Defendant Farm Bureau prays
for judgment in its favor, and for its costs incurred herein and for such further relief as this court
deems just and proper.
Robert L. Brady, Stephen A. D'Aunoy, BROWN & JAMES, P.C. 1010 Market Street, 20th Floor St.Louis, Missouri 63101 (314) 421-3400 (314) 421-3128 Fax
Attorneys for Defendant

(court actions filed in this case)
42nd Judicial Circuit (Dent, Crawford, Iron, Reynolds & Wayne Counties)
04CV836897 - THERON TOMPKINS V FARM BUREAU TOWN & COUNTRY
This information is provided as a service and is not considered an official court record.
Displaying 1 thru 26 of 26 dockets returned for case 04CV836897.

12/21/2004 Docket Entry: Pet Filed in Circuit Ct
Text: filed by Jeffrey Unger.

02/18/2005 Docket Entry: Entry of Appearance Filed
Text: filed by Robert L.Brady.

02/28/2005 Docket Entry: Answer Filed
Text: to plaintiff's petition filed by Robert Brady.

03/16/2005 Docket Entry: Certificate of Service
Text: filed by Robert Brady.

04/08/2005 Docket Entry: Certificate of Service
Text: filed by Jeffrey Unger.

05/02/2005 Docket Entry: Notice to Take Deposition
Text: filed by Robert Brady.

05/23/2005 Docket Entry: Notice to Take Deposition
Text: filed by Robert L. Brady.

07/22/2005 Docket Entry: Notice to Take Deposition
Text: filed by Robert Brady.

04/14/2006 Docket Entry: Notice
Text: FILED BY KYLE L. WARREN

Docket Entry: Trial Setting Scheduled
Associated Docket Entries: 04/25/2006 - Trial Setting Held
No appearance by Plaintiff. Defendant appears by counsel, Steven D'Aunoy. Cause set for trial to Jury, #2 setting, November 29 and 30, 2006, at 9:00 a.m. Pre-trial at 8:30 a.m. on November 29. Clerk to notify Mr. Warren and Mr. Unger, counsel for Plainitiffs, of the entry made this date.
Associated Events: 04/25/2006 , 09:01:00 - Trial Setting

04/25/2006 Docket Entry: Trial Setting Held
Text: No appearance by Plaintiff. Defendant appears by counsel, Steven D'Aunoy. Cause set for trial to Jury, #2 setting, November 29 and 30, 2006, at 9:00 a.m. Pre-trial at 8:30 a.m. on November 29. Clerk to notify Mr. Warren and Mr. Unger, counsel for Plainitiffs, of the entry made this date.
Associated Docket Entries: 04/14/2006 - Trial Setting Scheduled

Associated Events: 04/25/2006 , 09:01:00 - Trial Setting

Docket Entry: Jury Trial Scheduled

Docket Entry: Jury Trial Scheduled

11/28/2006 Docket Entry: Motion for Continuance
Text: filed by Kyle Warren.

Docket Entry: Hearing Continued/Rescheduled

03/20/2007 Docket Entry: Notice of Hearing Filed

Docket Entry: Filing:
Text: AMENDED NOTICE FOR TRIAL SETTING FILED BY ATTY KYLE WARREN

Docket Entry: Trial Setting Scheduled
Associated Docket Entries: 04/24/2007 - Trial Setting Held
Cause called. Plaintiff appears by counsel, Ralph Innes. Defendant appears by counsel, Christina Kime. Cause set for trial to Jury, #7 setting, September 11 and 12, 2007, at 9:00 a.m. Pre-trial at 8:30 a.m.
Associated Events: 04/24/2007 , 09:01:00 - Trial Setting

04/09/2007 Docket Entry: Entry of Appearance Filed
Filing Party: KIME, CHRISTINA L.

04/24/2007 Docket Entry: Trial Setting Held
Text: Cause called. Plaintiff appears by counsel, Ralph Innes. Defendant appears by counsel, Christina Kime. Cause set for trial to Jury, #7 setting, September 11 and 12, 2007, at 9:00 a.m. Pre-trial at 8:30 a.m.
Associated Docket Entries: 03/20/2007 - Trial Setting Scheduled

Associated Events: 04/24/2007 , 09:01:00 - Trial Setting

Docket Entry: Jury Trial Scheduled

06/08/2007 Docket Entry: Motion for Continuance
Text: filed by Christina Kime.

Docket Entry: Notice
Text: filed by Christina Kime.

Docket Entry: Motion Hearing Scheduled
Associated Docket Entries: 06/26/2007 - Hearing Continued/Rescheduled
Cause called. Plaintiff appears by counsel, Ralph Innes. Defendant appears by counsel, Christina Kime. Motion for Continuance sustained. Cause taken off setting for trial to Jury previously set and re-set, #1 setting, January 30 and 31, 2008, at 9:00 a.m. Pre-trial at 8:30 a.m.
Associated Events: 06/26/2007 , 09:01:00 - Motion Hearing

06/26/2007 Docket Entry: Hearing Continued/Rescheduled
Text: Cause called. Plaintiff appears by counsel, Ralph Innes. Defendant appears by counsel, Christina Kime. Motion for Continuance sustained. Cause taken off setting for trial to Jury previously set and re-set, #1 setting, January 30 and 31, 2008, at 9:00 a.m. Pre-trial at 8:30 a.m.
Associated Docket Entries: 06/08/2007 - Motion Hearing Scheduled

Associated Events: 06/26/2007 , 09:01:00 - Motion Hearing

Docket Entry: Jury Trial Scheduled
Associated Events: 01/30/2008 , 09:00:00 - Jury Trial


Displaying 1 thru 26 of 26 dockets returned for case 04CV836897.