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THIS IS MY POSITION ON THE CLAIM WITH FARM BUREAU 1
THAT WE WERE COVERED AND THE POLICY AMOUNTS WERE A-$121,000.00 PLUS GUARANTEED REPLACEMENT COST, AND INFLATION PROTECTION FOR DWELLING.
B-$91,125.00 PLUS GUARANTEED REPLACEMENT COST, AND INFLATION PROTECTION FOR PERSONAL PROPERTY.
C-ACTUAL EXPENSE FOR ALL EXTRA EXPENSES.
2
THAT WE HAD A LOSS AND THE LOSS AMOUNTS WERE
A-$138000.00 FOR DWELLING.
B-$140,079.20 FOR PERSONAL PROPERTY.
C-$15,000.00 FOR EXTRA EXPENSE.
3
THAT IMMEDIATELY AFTER THE FIRE ON 7/9/03 WE SECURED THE HOUSE FROM FURTHER DAMAGE. 4
THAT ON 7/10/03 FARM BUREAU INFORMED US THAT REGENCY RESTORATION WOULD REPRESENT FARM BUREAU AND PERFORM ALL CLEANING AND REPAIRING OF OUR HOUSE.
5
THAT FARM BUREAU ON 7/10/03 INFORMED US THAT EXPRESS CLEANERS WOULD REPRESENT FARM BUREAU AND PERFORM ALL CLEANING AND REPAIR OF OUR CLOTHING, ACCESSORIES, LINENS AND ETC.
6
THAT FROM 7/10/03 TO 7/12/03 WE SALVAGED CERTAIN DAMAGED PROPERTY AND SECURED IT AS INSTRUCTED BY FARM BUREAUS REPRESENTATIVE REGENCY RESTORATION AS NOTED IN INSUREDS RECORDED STATEMENT ON 7/12/03.
7
THAT DURING JULY AND AUGUST OF 2003 WE CLEANED OUT DESTROYED PROPERTY AND DEBRIS AS APPROVED BY FARM BUREAUS ADJUSTER AIMEE STIDHAM, AND IN LINE WITH INSURANCE INDUSTRY STANDARDS. DURING JULY, AUGUST, AND SEPTEMBER WE FOLLOWED REGENCY RESTORATIONS INSTRUCTION TO DRY OUT THE HOUSE AND KEEP IT DRY TO PREVENT MOLD AND ROTTING. THAT WE DID STRUCTURAL REPAIRS TO CORRECT SETTLING OF THE HOUSE AS AGREED TO BY AIMEE STIDHAM.
8
THAT ON 8/1/03 AND 10/9/03 WE TURNED IN AN ACCURATE INVENTORY OF DESTROYED AND DAMAGED CONTENTS.
9
THAT FARM BUREAU ON 7/28/03 KNOWINGLY AND WILLFULLY MAILED US A TOTAL LOSS INSTRUCTION LETTER. 10
THAT FARM BUREAU CLAIMS MANAGER EUGENE PARTON KNEW OR SHOULD HAVE KNOWN THAT ADJUSTER AIMEE STIDHAM HAD SENT THE TOTAL LOSS INSTRUCTION LETTER TO US DATED 7/28/03.
11
THAT GENE PARTON KNOWINGLY MAILED AN ALTERED INSTRUCTION LETTER TO THE MISSOURI DEPT. OF INS. ON 3/3/04 AND REPRESENTED IT AS THE LETTER SENT TO US ON 7/28/03 IN AN ATTEMPT TO FALSIFY THE RECORD, DENY OUR REPLACEMENT COST OPTION, AND DENY OUR CLAIM.
12
THAT FARM BUREAU ON 4/13/04, AFTER BEING NOTIFIED BY US ON 3/11/04 THAT WE HAD RECEIVED THE TOTAL LOSS LETTER OF 7/28/03, REFUSED TO ACKNOWLEGE AND CORRECT THE ALTERED LETTER.
13
THAT AIMEE STIDHAMS CONTACT WITH LISA EATON AT THE LAFF. CO. ZONING OFFICE, AND TERRANCE MESSONNIER AT PAIGE BELLAMY'S LAFAYETTE CO. PROSECUTORS OFFICE ON 8/21/03 WAS A DELIBERATE, UNREASONABLE ATTEMPT TO CREATE EVIDENCE BASED ON A MERE SUSPICION THAT WAS UNSUPPORTED BY SUBSTANTIAL FACTS IN AN ATTEMPT TO DENY OUR CLAIM.
14
THAT AIMEE STIDHAMS SUGGESTION ON 9/9/03 TO GREGG BERRY AT GLB APPRAISAL TO CONTACT LAFF. CO. ZONING AND PROSECUTORS OFFICE WAS AN UNREASONABLE ATTEMPT TO ACHIEVE A LOWBALL APPRAISAL OF OUR HOUSE TO LOWER THE FAIR MARKET VALUE. EUGENE PARTONS HIRING OF ROBERT BRADY AT THIS EARLY DATE EVINCES FARM BUREAUS INTENTION TO DELAY AND DENY OUR CLAIM.
15
THAT AIMEE STIDHAMS SUGGESTIONS TO GREGG BERRY ON 9/17/03 CONCERNING ZONING ISSUES WAS A SECOND ATTEMPT TO SECURE A LESSER APPRAISAL VALUE ON OUR HOUSE TO LOWER THE FAIR MARKET VALUE.
16
THAT FARM BUREAUS SETTLEMENT OFFER DATED 1/5/04 IN THE AMOUNT OF $50,000.00 WAS GROSSLY INADEQUATE GIVEN THAT THEIR APPRAISAL USED AN ESTIMATE OF $39,850.00 FOR REPAIRS, AND THE OTHER TWO ESTIMATES IN THEIR POSSESSION BOTH RANGED FROM $131,000.00 TO $144,000.00. EVINCING THAT FARM BUREAU WAS NOT CONDUCTING A REASONABLE INVESTIGATION AND SETTLEMENT POLICY FOR US.
17
THAT THE FAX WITH ARTICLE ABOUT POSSIBLE ZONING PROBLEMS AT OUR HOUSE FROM STIDHAM TO PARTON ON 9/25/03 IS EVIDENCE FARM BUREAU WAS ADJUSTING OUR CLAIM UNFAIRLY BY CONTRIVING TO CREATE EVIDENCE UNSUPPORTED BY SUBSTANTIAL FACTS IN AN ATTEMPT TO DENY THE CLAIM.
18
THAT AIMEE STIDHAMS CONTACT ON 3/4/04 WITH PAIGE BELLAMY'S LAFF. CO. PROSECUTORS OFFICE EVINCED A CONTINUED ATTEMPT TO CREATE EVIDENCE UNSUPPORTED BY SUBSTANTIAL FACTS TO DELAY AND DENY OUR CLAIM.
19
THAT AIMEE STIDHAMS CONTACT ON 6/9/04 WITH THE LAFF. CO. ZONING OFFICE REQUESTING OUR COMPLETE FILE SHOWS A CONTINUING ATTEMPT TO CREATE EVIDENCE UNSUPPORTED BY SUBSTANTIAL FACTS TO DELAY AND DENY OUR CLAIM.
20
THAT FARM BUREAUS UNREASONABE INVESTIGATION WITH THE LAFF. CO. ZONING OFFICE, AND PAIGE BELLAMY'S PROSECUTORS OFFICE LED THEM TO ACCUSE US OF SUBMITTING THE COST OF OUR HOUSE ADDITION AS COST OF OUR HOUSE REPAIRS. THIS ACCUSATION FIRST APPEARED IN A LETTER FROM PARTON TO MDI ON 7/26/04. AFTER THEY HAD FINALLY RECEIVED OUR FILE FROM THE LAFF. CO. ZONING OFFICE.
21
THAT FARM BUREAU HAD GLB APPRAISERS PERFORM TWO APPRAISALS OF OUR HOUSE IN AN ATTEMPT TO SECURE A LOWER REPAIR COST ESTIMATE OF OUR HOUSE. ONE DELIVERED ON 10/1/03, AND ONE ON 10/14/03 REFERED TO IN FARM BUREAS OWN CHRON-LOG ENTRY ON 10/14/03 AS RE-APPRAISAL.
22
THAT THE GASH DEVELOPMENT COMPANY INVOICE FOR REPAIRS SUBMITTED TO FARM BUREAU ON 11/19/03 IS THE PROPER INVOICE FOR THE REPAIRS AND SHOULD BE PAID AS ANY OTHER CONTRACTOR INVOICE WOULD BE PAID DURING THIS OR ANY OTHER CLAIM.
23
THAT FARM BUREAU HAD IN ITS POSSESSION ON 9/24/03 THEIR OWN REPAIR ESTIMATE FROM REGENCY RESTORATION, AND FAILED TO MAKE THEIR SETTLEMENT OFFER UNTIL 1/9/04 A TOTAL OF THREE MONTHS LATER, EVINCING THAT FARM BUREAU WAS NOT CONDUCTING A TIMELY REASONABLE INVESTIGATION AND SETTLEMENT POLICY FOR US. 24
THAT WE PROVIDED EVERY DOCUMENT AND ALL ACCESS EVER REQUESTED BY FARM BUREAU IN A TIMELY MANNER.
25
THAT OUR LOSSES EXCEEDED THE POLICY LIMITS AND THEREFORE ANY EXCESS OF VALUE OF THE PROPERTY CANNOT BE MATERIAL TO THE INSURER RELATING TO MISREPRESENTATION ON PROOF OF LOSS.
26
THAT TO THIS DATE, OVER 3 YEARS FROM THE FIRE LOSS FARM BUREAU HAS MADE NO OFFER OF SETTLEMENT ON OUR PERSONAL PROPERTY OR LIVING EXPENSES. HAS MADE NO OFFER TO HELP BIFURCATE OR SORT OUR EXTRA EXPENSE RECEIPTS AS PROMISED BY AIMEE STIDHAM SOON AFTER THE FIRE LOSS, THUS EVINCING FARM BUREAUS LACK OF A REASONABLE INVESTIGATION AND SETTLEMENT POLICY TOWARD US.
27 THAT ON 11/8/2006 FARM BUREAU THROUGH THEIR LAWYER BOB BRADY AGREED TO PAY US $125,000.00 TO DROP OUR BREACH OF CONTRACT AND VEXATIOUS REFUSAL LAW SUIT AGAINST THEM. 28 THAT ON 11/9/2006 FARM BUREAU DECIDED BOB BRADYS DISMISSAL AGREEMENT WITH US SHOULD HAVE ALSO INCLUDED A FULL RELEASE OF OUR INSURANCE CLAIM AGAINST THEM. 29 THAT ON 11/9/2006 BOB BRADY AND THE BROWN AND JAMES LAW FIRM STRUCTURED A LETTER TO US ADDING THE "FULL AND COMPLETE RELEASE OF ALL CLAIMS AGAINST FARM BUREAU" TO THE DISMISSAL AGREEMENT. 30
THAT FARM BUREAU REPEATEDLY VIOLATED THE MO. UNFAIR CLAIMS SETTLEMENT PRACTICES ACT DURING THE CLAIMS PROCESS.
A- 20CSR 100-1.020 MISREPRESENTATON OF POLICY PROVISIONS (sending wrong instruction letter)
B- 20CSR 100-1.030 FAILURE TO ACKNOWLEDGE PERTINENT COMMUNICATION (not responding to verbal request for status of claim, and not answering letter dated 1/7/2004)
C- 20CSR 100-1.040 STANDARDS FOR PROMPT INVESTIGATION OF CLAIMS (did not finish investigation within 30 days)
D- 20CSR 100-1.050 STANDARDS FOR PROMPT, FAIR AND EQUITABLE SETTLEMENT OF CLAIMS (not advised of acceptance or denial within 15 days, and not kept advised of claim progress every 45 days therafter)
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