(The Farm Bureau Petition)
IN THE CIRCUIT COURT OF LAFAYETTE COUNTY,
AT LEXINGTON, MISSOURI,
September 23, 2004
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Plaintiff,
vs.
MAURICE L. GASH,
Defendant.
Serve: Maurice L. Gash
11894 Old 40 Highway Odessa, Missouri 64076
DATE FILED
SEP 23 2004
Case No. 04LF-CV00734
JURY TRIAL DEMANDED
PETITION FOR DECLARATORY JUDGMENT
COMES NOW plaintiff, Farm Bureau Town &. Country Insurance Company of Missouri
("Farm Bureau"), pursuant to Rule 87 of the Missouri Rules of Civil Procedure and §527.l00
RSMo., and for its Petition for Declaratory Judgment, states as follows:
1. Plaintiff is an insurance company licensed to do business in the State of Missouri.
2. Defendant is, and was at all relevant times, a citizen and resident of Lafayette
County, Missouri.
3. On or about June 24, 2002, defendant executed a Protector Application, thereby
seeking to procure insurance from plaintiff on a dwelling located at 11894 Old 40 Highway,
Odessa, Missouri, and the personal property contained therein.
4. Based on information provided by defendant in the Protector Application and
during the application process, plaintiff issued a policy of insurance to defendant having policy
number PR00244006 and a policy period of July 1,2002 through July 1, 2003.
5. Defendant's Protector policy was renewed, having a policy period of July 1, 2003
through July 1, 2004.
6. On July 9, 2003, the aforesaid dwelling and personal property were damaged by
fire.
7. On or about August 4, 2003, defendant submitted a Sworn Statement in Proof of
Loss to plaintiff, thereby making a claim under the aforesaid policy in the amount of Two
Hundred Ninety-Nine Thousand, Five Hundred Seventy-Nine Dollars and Twenty Cents
($299,579.20).
8. The policy of insurance contains the following conditions:
GENERAL POLICY CONDITIONS APPLYING TO SECTION I AND SECTION II
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 loss for which coverage is sought under this policy.
9. The policy of insurance contains the following conditions:
10. COOPERATION
You must cooperate with us in performing all acts required by this policy.
CONDITIONS - SECTION I
1. WHAT YOU MUST DO IN CASE OF LOSS
g. Produce for examination, with permission to copy, all books of account, bills, invoices, receipts, and other vouchers as we may reasonably require.
10. There is no coverage for defendant's claimed loss and defendant is barred from
recovery under the policy because defendant intentionally concealed and/or misrepresented the
extent of the damage to the property and otherwise presented an inflated, overstated and
fraudulent claim for property damage, and, as such, defendant breached the aforementioned policy condition referenced in paragraph 8 above.
11. There is no coverage for defendant's claimed loss and defendant is barred from
recovery under the policy because defendant failed to produce documents and otherwise failed to cooperate, and, as such, defendant breached the aforementioned policy condition referenced in paragraph 9 above.
12. There exists an actual case or controversy of justiciable nature between plaintiff
and defendant concerning the rights and obligations of each party under the policy of insurance.
13. Plaintiff has complied with all conditions precedent under the policy, and is
reserving and preserving any and all rights and defenses under the policy of insurance and the law.
14. Plaintiff has sustained damage as a result of defendant's breach of the policy
conditions in that plaintiff has sustained the expenses of a prolonged claim investigation, including attorney's fees, which are continuing to accrue.
WHEREFORE, plaintiff prays that this Court enter judgment in its favor, declaring:
A. That the policy provides no coverage for defendant's claimed loss;
B. That plaintiff is not in any manner liable under the policy for the claim made by
defendant;
D. That plaintiff breached the policy conditions referenced herein;
D. That plaintiff is entitled to recover all of its costs and expenses, including
attorney's fees;
E. That plaintiff is entitled to recover any and all such other and further relief as the
Court deems just and proper under the circumstances.
Robert L. Brady, #47522 Brown & James, P. C. Attorneys for Plaintiff
1010 Market Street, 20th Floor St. Louis, MO 63101 314-421-3400
314-421-3128 FAX
(This case was combined with the Gash Counter suit for Breach of Contract)