IN THE CIRCUIT COURT OF ST. CLAIR COUNTY, MISSOURI    FILED AUG. 25 2005

RICK WEAVER,
4315 New Highway 13, Osceola, Missouri 64776,
Plaintiff, 
v.
FARM BUREAU TOWN & COUNTRY  INSURANCE COMPANY OF MISSOURI a Missouri insurance company, 
Defendant.
Please serve Registered Agent: Dan Cassidy 701 South Country Club Dr. Jefferson City, Missouri 65102
Case No. 05SR-CC00045
PETITION FOR BREACH OF CONTRACT ON A FIRE INSURANCE POLICY
COMES NOW Plaintiff, through counsel, and for his cause of action
against Defendant states as follows:
1. Plaintiff is, and at all times relevant herein was, a resident of St. Clair County, Missouri.
2. Defendant is now and was at all times mentioned herein a Missouri
insurance company, doing business and authorized to sue and be sued in the
State of Missouri.
3. Defendant maintains an office for its usual and customary business
at 311 Second Street, Osceola, S1. Clair County, Missouri.
4. On September 18, 2003, Plaintiff was the owner of a dwelling and
its contents, located at 4315 New Highway 13, Osceola, St. Clair County, Missouri. and had an insurable interest therein.
5. In consideration of the payment of the stated premium, Defendant
made and issued to Plaintiff its policy of insurance for said premises and its contents with a stated period of twelve (12) months. providing for a maximum benefit for damage or destruction by fire of the dwelling in the amount of Fifty Thousand Dollars ($50,000.00), and for damage or destruction by fire to the contents in the amount of Forty Thousand Dollars ($40.000.00), as well as for reimbursement of certain expenses incurred by Plaintiff as a result of such damage and destruction.
6. On the night of September 18.2003, or in the early morning of
September 19, 2003, the dwelling and its contents were destroyed by fire.
7. The policy of insurance referred to herein was continuously in full
force and effect from the date of its issuance through the date of said fire.
8. The loss to the premises exceeded the limits of the policy.
9. The loss of the contents exceeded the limits of the policy.
10. Plaintiff also incurred expenses for the cleanup of the property
involved. a charge imposed on the Plaintiff by the Sac Osage Fire Control District, and for obtaining other lodging in an amount in excess of Nine Thousand Dollars ($9.000.00). Plaintiff continues to incur expenses as a result of the fire.
11. Plaintiff has in all respects complied with the terms and conditions
of the policy, delivered to Defendant the notice and proof of loss and has demanded payment from the Defendant for the coverage provided by the policy.
12. Defendant, however, has failed and refused, and still fails and
refuses, to make payment pursuant to the policy, or any part thereof, and has informed Plaintiff that said denial is "final," despite Plaintiff's demand.
13. Under the terms and provisions of the policy, Defendant became
obligated to pay Plaintiff for the losses he sustained no later than March 10, 2004. Therefore, Plaintiff is entitled to receive interest on the sums due and owing him at the statutory rate from and after March 10, 2004.
14. Defendant's refusal to pay the loss sustained by Plaintiff was and is
vexatious and without reasonable cause or excuse and is in violation of the terms and provisions of the policy of insurance; Plaintiff is, therefore, entitled to recover penalties in accordance with the provisions of § 375.420, RSMo. 2000, in the amount of twenty percent (20%) of the first One Thousand Five Hundred Dollars ($1,500.00) due and owing to Plaintiff and ten percent (10%) of the remaining amount due and owing to Plaintiff, plus a reasonable attorney fee.
WHEREFORE, Plaintiff prays for judgment in his favor and against Defendant, as follows:
b. for destruction of the premises in the amount of $50,000.00;
c. for destruction of the contents in the amount of $40,000.00;
C. for other expenses incurred as a result of the fire in the amount of
$10,000.00, or such other and additional amount as wilt reasonably compensate Plaintiff for his loss;
d. for vexatious penalties as provided in Paragraph 14 of this Petition;
e. for reasonable attorney fees; and
f. for his costs herein expended.
Respectfully submitted,
Will Bunch #19527
P.O. Box 28218 Kansas City, MO 64118 (816) 468-7266 Fax (816) 468-7266

Attorney for Plaintiff

(Farm Bureaus Answer)
IN THE CIRCUIT COURT OF ST. CLAIR COUNTY STATE OF MISSOURl
RICK WEAVER,
Plaintiff,
VS.
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Defendant.
Case No. 05SR-CC00045
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION
COMES NOW defendant, Farm Bureau Town & Country Insurance Company of
Missouri, by and through nndersigned counsel, and for its Answer to Plaintiff s Petition, states as
follows:
1. Defendant is without sufficient infoTI11ation to admit or deny the allegations contained
in Paragraph 1 of plaintiffs Petition, and therefore, denies same.
2. Admitted.
3. Admitted.
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. Defendant admits that it issued a policy of insurance to plaintiff, having policy
number PR0024100902, with a policy period of May 5, 2005 to May 5, 2004.
Defendant denies each and every remaining allegation contained in Paragraph 5 of plaintiff's Petition.
6. Defendant is without sufficient information to admit or deny the allegations contained
in Paragraph 6 of pi aintife s Petition, and therefore, denies same.


7. Denied.
8. Denied.
9. Denied.
10. Defendant is without sufficient information to admit or deny the allegations contained
in Paragraph 10 of plaintiff s Petition, and therefore, denies same.
11. Denied.
12. Defendant admits that it has denied plaintiffs claim. Defendant denies each and
every remaining allegation contained in Paragraph 12 of plaintiff's Petition.
13. Denied.
14. Denied.
AFFIRMA TIVE DEFENSES
A. 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.
B. For further answer, and for its second affinnative defense, defendant states that
there is no coverage, and plaintiff is barred from recovery under the insurance policy because the
fire in question was intentionally set by, or at the direction of, plaintiff, with the intent to cause a
loss. As such, coverage for the claimed loss is specifically excluded, pursuant to the following
provisions contained in the insurance policy:
GENERAL EXCLUSIONS - APPLICABLE TO ALL LEVELS OF PROTECTION
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. 
13. Intentional losses, meaning any loss or damage that 1S caused intentionally by any insured, whether sane or insane, or at any insured's direction.
C. For further answer, and for its third affirmative defense, defendant states that
there is no coverage, and plaintiff is barred from recovery under the subject insurance policy
because plaintiff intentionally concealed and/or misrepresented material facts and circumstances
relating to the claimed loss, including, but not limited to, the cause of the claimed loss, and the
extent of the claimed damages. As such, plaintiff breached the following condition precedent to
recovery contained in the policy of insurance:
GENERAL POLICY CONDITIONS APPLYING TO SECTION 1 AND SECTION 2
5. CONCEALMENT, FRAUD OR MISREPRESENTATION
We do not provide coverage for any insured who has concealed any fact, made fraudulent statements, misrepresentations, or engaged in fraud, in connection with any application for insurance, accident, or loss, for which coverage is sought under tllis policy.
D. For further answer, and for its fourth affirmative defense, defendant states that
there is no coverage, and plaintiff is barred from recovery under the subject policy because
plaint! ff refused to cooperate with defendant during the claim investigation and refused to
produce certain records and documents requested by defendant and, as such, plaintiff breached
conditions precedent contained in the insurance policy which require the insured's cooperation,
and which also required the i.nsured to produce, for examination, with permission to copy, all
books of account, bills, invoices, receipts alld other vOllchers, as defendant may reasonably
require.
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. 1010 Market Street, 20th Floor St. Louis, MO 63101 314421-3400  314421-3128 (Fax)
CERTIFICATE OF SERVICE
A copy of the foregoing was sent, via facsimile, and via U.S. Mail, first-class, postage prepaid, this 7th day of October, 2005, to: Will Bunch, Attorney at Law, P.O. Box 28218, Kansas City, MO 64118; Attorneyfor PIa in tiff- (fax: 816-468-7266).