Travis's complaint:
December 11, 2012

Insurance Company: American Family Insurance
Coverage Type: Homeowners Insurance

• Claim Handling - Rude/Abusive Adjuster
• Claim Handling - Unsatisfactory Settlement/Offer

Missouri law makes it very clear that insurance companies are not permitted to unreasonably deny claims. In Missouri, first-party bad faith is vexatious refusal to pay. I do plan on bringing a claim under Missouri Revised Statutes Sections 375.296 and 375.420.
I have provided American Family Insurance with two letters from two separate, reputable construction companies. Both state that the roof of my home is damaged beyond repair and needs to be a total replacement. This claim has a date of loss of January 05,2012. The claim number is 00-841-190467-0237. This roof damage actually goes all the way back to December 09, 2010. This was a previous claim of roof damage that was repaired instead of replaced, again against the advice of a licensed contractor.
I am now seeing some drywall damage resulting from an increase in moisture in the attic because of the damaged roof that American Family Insurance Company unreasonably refuses to replace.
I have not only spoken with the Property Claim Field Senior Adjuster, Phil Pease, but also his supervisor Dale Silvey, Property Claim Field Manager. I have gotten nowhere with either of them.
It is because of all of the above stated information, I feel I have the elements required to bring a claim of Vexatious Refusal to Pay. Also, section 375.296 entitles me to additional damages for vexatious refusal to pay.
Section 375.420 states … if it appears from the evidence that such company has refused to pay such loss without reasonable cause or excuse, the court or jury may, in addition to the amount thereof and interest, allow the plaintiff damages not to exceed twenty percent of the first fifteen hundred dollars and a reasonable attorney’s fee; and the court shall enter judgment for the aggregate sum found in the verdict.
You might want to refer to the 2010 case of a 7-0 decision written by Judge Richard B. Teitelman, the Supreme Court of Missouri confirms that an insurance company must promptly investigate a claim and it’s failure to do so is unreasonable and vexatious. Refer to D.R. Sherry Construction Company, Ltd Vs. American Family Mutual Insurance Company, Case No. SC90442.
I have been a loyal customer of American Family for over 15 years. I have 3 cars, 1 truck, my boat and my home insured with American Family and have had almost no claims. Now my home has been damaged for over two years. I have two licensed contractors that know more about what can be repaired and what needs to be replaced than an insurance adjustor.

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