(Whites Petition to force Farm Bureau to honor their previous settlement agreement)
IN THE CIRCUIT COURT OF LAFAYETTE COUNTY MISSOURI AUSTIN WHITE, Case No. 08LF-CV00645
Plaintiff,
vs
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI and FREDERICK E. CLOTHIER,
Serve: Dan Cassidy 701 S. Country Club Drive Box 658
Serve: Frederick E Clothier 7766 3rd Street, Higginsville, MO 64037-8295
Defendants.
PLAINTIFF'S PETITION
Comes Now Plaintiff Austin White (hereinafter "White"), and for Plaintiff White's cause of action against Defendants Farm Bureau Town & Country Insurance Company of Missouri and Frederick E. Clothier states:
1. Plaintiff is a person residing in Chillicothe, Livingston County, Missouri, of lawful age with capacity to contract, sue, and be sued.
2. Defendant Farm Bureau Town & Country Insurance Company of Missouri (hereinafter "Farm Bureau") is a Missouri corporation with its principal place of business being Jefferson City, Missouri, organized and existing under law with capacity to contract, sue, and be sued.
Defendant Farm Bureau can be served with process at its registered agent and address listed in the above caption.
3. Defendant Frederick E. Clothier (hereinafter "Clothier") is a Missouri citizen and resident, and can be served with process at the address listed in the caption. Defendant Clothier is of lawful age with capacity to contract, sue and be sued. At all times pertinent, Defendant Clothier was an employee and/or authorized agent of Defendant Farm Bureau. At all times pertinent, in negotiating and offering the agreement and contract pleaded herein, Defendant Clothier was acting within the course, scope, and authority of his employment and/or agency with Defendant Farm Bureau.
4. The agreement and contract pleaded herein was entered into in Lafayette County, Missouri; the agreement and contract pleaded herein was to be performed in Lafayette County, Missouri; and the breach of agreement and contract by Defendant Farm Bureau and Clothier occurred in Lafayette County, Missouri.
5. On January 23, 2008, Defendants Farm Bureau and Clothier offered and Plaintiff White orally agreed as follows: On January 23,2008, in a telephone call, Defendants Farm Bureau and Clothier offered $70,000 to settle a potential legal claim and cause of action held Plaintiff White against Farm Bureau's insured, Cory D. French; this offer to settle the potential claim against Cory D. French was instantaneously accepted by the Plaintiff during the same telephone call on January 23, 2008. Plaintiffs counsel also confirmed this settlement agreement and contract in five letters addressed, mailed, and faxed to Defendants Farm Bureau and Clothier on January 24, 2008, January 30, 2008, February 11,2008, March 12,2008, and April 11, 2008 (Exhibit A). Plaintiffs counsel also had countless telephone conversations with Defendants Farm Bureau and Clothier confirming this settlement agreement and contract and to coordinate receipt of the settlement check. The underlying agreement and contract resulted from a rollover motor vehicle accident that occurred on March 3, 2007, wherein Plaintiff White, a passenger, was injured. The motor vehicle involved in the accident was owned by Cory D. French and/or Lori French. At the time of this motor vehicle accident, Cory and Lori French held a policy of insurance on this motor vehicle with Defendant Farm Bureau. This policy of insurance contained coverage and a bodily injury liability policy limit of$100,000 per person. 6. In a telephone call on May 8, 2008, Mr. Clothier informed counsel for the Plaintiff that he and Farm Bureau were backing out of their agreement and contract to pay $70,000, thereby breaching their agreement and contract with the Plaintiff to settle the potential claim for $70,000.
Defendant Clothier apologized for the breach during the telephone conversation, and again admitted and affirmed that the agreement and contract for $70,000 had previously been reached. 7. Defendants Farm Bureau and Clothier also committed violations of the Missouri
Merchandising Practices Act, Chapter 407, Missouri Statutes.
8. For the reasons herein, Defendants Farm Bureau and Clothier are in breach of the agreement and contract between plaintiff and defendants as set forth herein, and to the damage of plaintiff in the sum of $70,000, including interest, attorney's fees associated with bring this action, and the costs and expenses associated with bring and executing this action.
WHEREFORE, Plaintiff prays judgment against the defendant for the sum of $70,000, together with interest, attorney's fees, costs, and expenses for such other and further relief as the Court shall deem just and proper under the circumstances.
Respectfully submitted
By:
Stephen R. Bough, MB# 21-6239 917 W. 43rd Street
Kansas City, MO 64111 Telephone: (816) 931-0048 Fax: (816) 931-4803
Email:
stephen@boughlawnrm.com FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI and FREDERICK E. CLOTHIER,
Defendants.