STONE COUNTY
IN THE CIRCUIT COURT OF STONE COUNTY, COURT ASSOCIATE DIVISION II
DANIEL R. WOODS and
JODY D. WOODS,
Husband and wife,
75 John Deere Lane
Branson West, MO 65737
Plaintiffs,
vs. 
Case No. __________
FARM BUREAU TOW/N & COUNTRY
INSURANCE COMPANY OF MISSOURI,
a Missouri corporation )
Serve Registered Agent:Dan Cassidy )
P0 Box 658
710 South Country Drive Jefferson City, MO 65102
Defendant.
PETITION - BREACH OF CONTRACT
COMES NOW Plaintiffs, Daniel R. Woods and Jody D. Woods, husband and wife, by and through their counsel, Russ Schenewerk & Associates, LLC, and for their cause of action against Defendant Farm Bureau Town & Country Insurance Company of Missouri, states and alleges the following:
I. Plaintiffs, Daniel R. Woods and Jody D. Woods, husband and wife, are residents of Branson West, Stone County, Missouri.
2. Defendant Farm Bureau Town & Country Insurance Company of Missouri is a Missouri corporation in good standing.
3. All acts and occurrences described herein took place in Stone County, Missouri and jurisdiction and venue are proper therein.
4. This lawsuit affects personal property located in Stone County, Missouri.
5. On or about January 24, 2006, Plaintiff sustained personal property damage by fire at Table Rock Lake Boat Dock (herein Boat Dock), which Plaintiff has an ownership interest.
6. At the time of the fire loss, Plaintiff was covered by an insurance policy with Defendant that provided coverage for Plaintiffs dwelling in the amount of $273,500; boat dock in the amount of $12,000; and personal property in the amount of $205,125. A copy of the insurance policy coverage is incorporated herein as Exhibit A.
7. Pursuant to Section I, COVERAGE C — PERSONA.L PROPERY, “Limitation on Personal Property Coverage” of the Protector Insurance Policy, Defendant agrees to “pay up to a maximum 10% of the amount of insurance shown under Coverage C in the Information Page(s).” A copy said section is incorporated herein as Exhibit B.
8. Due to the fire, Plaintiffs sustained damages exceeding $12,000 for the Boat Dock and damages in excess of $29,336.86 for personal property located on the Boat Dock, totaling more than $41,336.86. An itemized list of personal property items and an estimate of the boat lift(s) damages are incorporated herein as Exhibit C.
9. Defendant paid Plaintiff a total of $17,000 to cover the loss of the boat dock and the personal property lost due to fire; however, Defendant has failed and/or refuses to cover the remaining loss of $24,336.86, despite demand having been made by Plaintiffs counsel.
10. Defendant is in breach of the terms of the Agreement.
11. Plaintiffs have complied with all of their obligations under the tenns of the Agreement.
12. Despite demand having been made, Defendant has failed and refused to cover the remaining loss of property sustained by the fire.
13. Plaintiffs are entitled to interest at the statutory rate of nine percent to Section
408.020, R.S.Mo.
WHEREFORE, Plaintiff prays that his Court enter its judgment in favor of Plaintiffs and against Defendant in the monetary amount of $24,336.86, plus interest at the rate of nine percent, plus Plaintiffs costs incurred herein, Plaintiffs’ reasonable attorney’s fees, and -for such other and further relief as this Court deems necessary and proper under the circumstances.
Respectfully submitted,
Russ Schenewerk -& Associates, LLC
By__________
Russ Schenewerk, Missouri Bar #51178
Attorneys at Law
P.O. Box 123
Branson MO 65615-0123
(417) 334-7922
(417) 334-7923 [Fax]
ATTORNEYS FOR PLAINTIFFS