IN THE ClRCUIT COURT OF JACKSON COUNTY STATE OF MISSOURI 
Division No.:
FARM BUREAU TOWN & COUNTRY lliSURANCE COMPANY OF MISSOURI,
Plaintiff,
v.
LLOYD R. FRIEDLEY,
Serve: Lloyd R. Friedley
2920 Lake Highland Way Birmingham, AL 35247
Defendant. 
Cause No.: 04CV203509
PETITION FOR DECLARATORY JUDGMENT
COMES NOW Plaintiff, Farm Bureau Town & Country Insurance Company of Missouri, by and through undersigned counsel, pursuant to the Missouri Rules of Civil Procedure, and for its Petition for Declaratory Judgment against the Lloyd R. Friedley, as trustee for the Aubrey 
Revocable Living Trust, states to the court the following:
1. Plaintiff Farm Bureau Town & Country Insurance Company of Missouri, ("Farm Bureau") is a Missouri Corporation, authorized to issue policies of insurance in the State of Missouri.
2. Defendant, Lloyd R. Friedley (hereinafter "Friedley") is, upon information and belief, the trustee of the Aubrey L. Friedley Revocable Living Trust.
3. Plaintiff issued Aubrey Friedley a policy of commercial property insurance with effective dates of coverage of September 19, 1999 through September 19, 2000, and renewed the policy on an auto-renew basis for the two (2) corresponding years. The insured location is listed as 3311 E. 1ih Street, Kansas City, MO 64127.
4. On July 22,2002, the building at 3311 E. 1ih Street, Kansas City, MO 64127 was significantly damaged by fire.
5. The Aubrey L. Friedley Revocable Living Trust filed a claim for building damage arising out of the July 22, 2002 fire and was paid its policy limits under building coverage in the amount of $70,000.
6. On October 19, 2002 the insured building sustained a second fire caused by vandalism and/or malicious mischief. Between the date of the first fire, July 22, 2002 and the second fire, October 19, 2002, Defendant performed no repair work, construction work or
remodeling work to the insured building.
7. Between the consecutive dates of July 22, 2002 and October 19, 2002, neither Defendant nor any tenant occupied the insured building, rented the insured building, or conducted customary operations in the building, nor did the building contain personal property;
therefore, the building was had been vacant for more than 60 consecutive days prior to October 19,2002.
8. Defendant has made claim under the policy for policy proceeds as a result of the October 19, 2002 fire.
9. The policy of insurance contains the following policy conditions:
6. Vacancy
a. Description of Terms
(1) As used in this Vacancy Condition, the term building and the term vacant have the meanings set forth in (1)( a) and (1) (b) below:
(b) When this policy is issued to the owner of a building, building means the entire building. Such building is vacant when 70% or more of its square footage:
(i) Is not rented; or
(ii) Is not used to conduct customary operations.
(2) Buildings under construction or renovation are not considered vacant.
b. Vacancy Provisions
If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs:
(1) We will not pay for any loss or damage caused by any of the following event if they are Covered Cause of Loss:
(a) Vandalism;
(2) with respect to Covered Causes of Loss other than those listed in b.(1)(a) through b.(1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%.
10. There is no coverage and defendant is barred from recovery under the policy because the October 19, 2002 fire was caused by vandalism and/or malicious mischief, and the building was vacant for more than sixty (60) consecutive days prior to said fire. As such, there is no coverage pursuant to the policy conditions listed in paragraph 9 above.
11. There is further no coverage and defendant is further barred from recovery under the policy of insurance because defendant sustained no damage or loss as a result of the October
19, 2003 fire because the building fully depreciated in value between the time the policy was issued and the October 19,2002 loss.
12. The policy of insurance contains the following policy Loss Conditions: The following conditions apply in addition to the Common Policy Condition and the Commercial Property Conditions:
3. Duties In The Event Of Loss Or Damage:
a. You must see that the following are done in the event of loss or damage to Covered Property: 
b. Cooperate with us in the investigation or settlement of the claim.
c. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed.
13. There is no coverage and defendant is further barred from recovery under the policy of insurance because defendant failed to cooperate in the investigation of the claim and failed to produce Ms. Gayle Evans for examination under oath, despite the fact that Ms. Evans
was the person with the most knowledge and information regarding the facts and circumstances of the claim. Plaintiff has been prejudiced by Defendant's failure to cooperate in the investigation of the claim and faillire to produce Ms. Evans for examination under oath.
14. There exists an actual controversy of justiciable nature between plaintiff and defendants concerning the rights and obligations of each party under the policy of insurance.
15. Plaintiff has complied with all conditions precedent under the policy and IS reserving and preserving any and all rights and defenses under the policy and the law, including any and all defenses not presently known due to the failure of defendant to cooperate.
16. Plaintiff has sustained damage in that the plaintiff has incurred the expenses of a prolonged claim investigation, including attorney's fees, travel expenses, photocopies, telephone charges, and continues to incur such damages.
17. Plaintiff is specifically reserving its rights to amend its Petition for Declaratory Judgment, depending upon the facts that develop through discovery of this matter.
18. Plaintiff demands a trial by jury.
19. Plaintiff requests that the court construe the policy, find that Defendant sustained no damage or loss under the policy of insurance and Missouri law, and/or find that Defendant vacated the building more than sixty (60) consecutive days before the loss or damage occurred,
and that the fire was caused by vandalism and malicious mischief, find that there is no coverage for this loss under the policy of insurance, and enter judgment accordingly for Plaintiff.
WHEREFORE, having full pled its cause of action for declaratory judgment, Plaintiff requests that the court make those findings as pled above, grant judgment in favor of Plaintiff, and grant any further relief, including claim investigation expenses and attorney fees, the court
deems just and proper under the circumstances.
Respectfully Submitted,
Russell F. Watters, #25758 Robert L. Brady #47522 BROWN & JAMES, P.e. Attorneys for Plaintiff
1010 Market Street, 20th Floor St. Louis, Missouri 63101 (314) 421-3400
(314) 421-3128 - Facsimile 7569706