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NOTICE OF LEGAL REPRESENTATION, IN PRO PER
Date of Loss:  2/2/2019  and ongoing 

IF your roof blows off and bad guys say SORRY NOT SORRY

Joey Cammiso
Adjuster – Phoenix Arizona
Direct Line:  480 2938219
 
Dear Mr Cammiso:
 

Ms Ayres indicated that only because you “say so”, disregarding all provided facts, images and evidence, the claim is closed and cannot be opened until you receive a letter of representation with intent to proceed with a multi-party lawsuit.  Let this letter serve as notice of intent to pursue legal action to the fullest extent of the law in Court.


I represent Linda Ayres, your policy holder, for the property located at __________________, California regarding the wind/rain/water/microbial damage to her home that began on 2/2/2019 and increased a simple $10,000 claim to what will be more than $100,000 and still escalating.


If one minute is required in Court, a $10,000,000 bad faith, personal injury, criminal gross negligence with intent to cause property and bodily harm claim, in collusion with the State Farm Preferred Vendor network, in the appearance of RICO level criminal activity, causing Ms. Ayres further duress and fear for her life, will be filed.


You are to immediately cease communication with Ms. Ayres and all communications must go through me.  

Any further calls to Ms. Ayres will be considered further harassment and attempts at intimidation and elder abuse.

You may recall that your conversation with Ms. Ayres yesterday concluded with a tearful screaming that ‘You sent F—-ing thugs to my house. You sent F–ing thugs to my house who destroyed my home and my health, who threatened me and attempted to extort money from me more than once and attempted to involve me in their insurance fraud capers’  — or words to that effect. 

Is that your recollection of that part of the call?
 
Ms Ayres recapped the telephone call you conducted with her on 5/13/2020, and she has apprised me of other calls with you, and your superiors, as well as conversation and emails with the first adjuster, Randy Brewer, during the first two months, and then the switching of adjusters, causing greater confusion and obfuscation of the facts, causing my client further harm, delays, denials and exposure to toxic microbial growth, extreme out of pocket expenses, and need to evacuate from the property that was not restored to PRELOSS CONDITION, AS REQUIRED BY THE INSURANCE POLICY.

 You have been repeatedly apprised of the threats to Ms. Ayres’ property and her fear for her health and her life because of this experience. The threats are compounded because of her disclosed disabilities, which it appears your adjuster staff and preferred vendor teams perceived as an ‘easy target for fraud and abuse.’

 Ms. Ayres indicated that you asked her ‘What would State Farm have to gain by making a $10,000 claim grow into one of over $100,000?’   

It gives the appearance of a complicated kick-back and protection scam, and had Ms. Ayres not insisted and begged to dismiss the vendors sent to her home multiple time in February and March 2019, the damages could have been far worse.  

You told her that she should not profit by the losses, NOR SHOULD SHE BE LEFT IN A WORSE CONDITION.  You admitted she was not given any information on her choices about the Preferred Vendor program until the damage was already done.


You may also realize that due to the duress of helplessly watching her home destroyed by what she calls ‘criminal conduct’ —not only did she fear for her property and her life, she slipped at the hotel she was in while the house was being destroyed, and sustained serious injuries to her brain, and her wrist. 


We are seeking co-counsel for personal injury of the March 8, 2019 event, as well as the toxic mold overload which is the consequence of
a) THE REFUSAL AND FAILURE TO REPLACE THE ROOF;
b) THE FAILURE AND REFUSAL TO COMPLETELY AND ADEQUATELY DEMOLISH KNOWN WATER SATURATED WALLS AS EVIDENCED THE DIAGRAM PROVIDED TO MS AYRES BY RANDY BREWER, and
c) THE DENIAL BY STATE FARM TO AUTHORIZE COMPLETION OF THE THE FORENSICALLY IDENTIFIED UNMITIGATED WATER DAMAGED AREAS AS CLEARLY IDENTIFIED IN THE NOVEMBER 2019 ENVIRONMENTAL HYGIENIST LIVING REPORT.  

While the State Farm Field adjuster authorized the November 2019 exploratory inspection of the walls known to not have been demolished or remediated, upon the receipt of the report, your offices scampered, saw the extent of the damage, and decided to deny the claim, first telling her to take it up with the contractors who did the work, then your offices tried to place all the fault on the 2nd contractor, despite the hard evidence provided that the first environmental report was apparently fraudulent,  regarding the condition of the  unmitigated unremediated saturated walls had weeks, then months of microbial growth, and even more was discovered upon opening the walls.


Ms Ayres was aghast when your discussion about the failure to to RESTORE HER HOME TO PRELOSS CONDITION was met with you comments that ‘according to the pictures you saw in the November inspection report, there were walls and everything looked fine’ 


You also, earlier in the conversation indicated that since your Air Quality inspectors deemed the house to be mold free in March 2019, ‘something must have happened between March and November or June to have caused mold, which has a $5,000 cap, and your position remains the same.  Claim closed.’ 


The same environmental air quality testing company was called back to the plaintiff’s home in August 2019, with another fraudulent report, later revised to recommend surface cleaning (at an estimate cost of $10,000 from yet another State Farm Preferred Vendor) WITHOUT ADDRESSING THE CAUSE OF THE MICROBIAL GROWTH, BEING THE KNOWN WATER SATURATED WALLS, UNDEMOLISHED AND UNREMEDIATED.  


 My client has spent thousands of dollars to identify which walls were the source of the life-threatening microbial growth, with multiple tests, concluded in a comprehensive test in November.  The delays and denials by State Farm adjusters have caused extreme toxic mold exposure and illness, and your bad faith and deceptions and obfusations of facts and presented evidence was again proven in your communications yesterday.


YOUR CONVENIENT DISREGARD OF THE MARCH 2020 REPORT with swaths of images of microbial growth and people in PPE suits, FOLLOWING THE FEBRUARY/MARCH 2020 DEMOLITION AND REMEDIATION, WHICH COST MS AYRES OVER $25,000 AND THERE IS STILL MORE TO DO, WHICH MAY ALSO INCLUDE THE KITCHEN ADJACENT TO THE WATER DAMAGE IN THE BATHROOM SEEMS, TO MS AYRES, TO BE FURTHER EVIDENCE OF A CONSPIRACY IN YOUR ARIZONA OFFICE TO PERPETUATE THESE INSURANCE CRIMES TO CHEAT HER, CAUSING FURTHER INSULTS AND INJURIES.


I have also advised Ms Ayres to immediately file complaints with the Department of Insurance, the California Contractor Board, the FBi and the Court of Public Opinion regarding matters of personal injury due to criminal gross negligence, bad faith, oppression, breaches of contract, abuses and discrimination of an American with disabilities and more. Speciality Co-counsels will assist with the complaints.


 

Ms Ayres was afraid that State Farm is again discriminating because of her disclosed disabilities, age, and gender, so while she has been unsuccessful in retaining licensed legal counsel for the entire lawsuit, the State of California does allow in pro per representation.  

She further advised that although you confirmed and verified that she was deceived by the first adjuster and the dispatched preferred vendors that she was required to use them, she  not given notice that was NOT REQUIRED to use your Preferred Vendors until a letter was sent on or about February 28, 2019, which she may or may not have received in early March.  She recalls conversations that such a letter was sent, but she has no recollection of receiving it.   


The first adjuster, Randy Brewer, and the Preferred Vendors dispatched by State Farm deceived her into believing that her policy gave her no choice but to use the vendors sent to her home, who destroyed her home by failing to mitigate water intrusion, failures to properly tarp the property, and they failed and refused to replace the roof for over 40 days, causing extreme saturation of contents and drywall and insulation. 


The State Farm field adjuster did not inspect the property until approximately March 10, 2019. The Phoenix office adjuster was kept apprised of the vandalism, destruction and gross negligence of the onsite workers from two of your preferred vendors.


State Farm dispatched an unlicensed “adjuster representative” who falsely portrayed himself as a qualified licensed general contractor, who demanded a $7,000 cash payment in order to get the roof installed quickly.  That was for a $5,000 subcontractor cost, so while you allegedly tried to convince Ms Ayres that was a legitimate ‘profit and overhead’ to have charged State Farm nearly $10,000 — it sounds excessive, and a different percentage that was paid for the second contractor.


Mr Brewer was fully aware that the vendors would take no action without his explicit approval and that they would not even give my client an estimate for the roof and build-back work until it had been approved by Mr. Brewer.


There was what appeared to be a conspiracy to deceive the insured homeowner by your adjuster offices and vendors. You have been sent copies of correspondence verifying these allegations.

Ms Ayres claims she repeatedly requested that Mr Brewer elevate the claim to your legal department as a crime scene, and he refused repeatedly.  He told her that ‘nobody likes the Preferred Vendor Program, but we’re stuck with it’ in February 2019.


In early March 2019, Ms. Ayres begged Mr Brewer for permission to dismiss the preferred vendors who had refused to replace the roof or protect the household goods.  Reluctantly, Mr. Brewer finally authorized dismissal and said he would advise all parties.  


Mr.Brewer  further led Ms. Ayres to believe that the next contractor had to approved by the field adjuster, using the scope of work already provided by the unlicensed “adjuster representative. Because of her slip and fall, and not wanting to further delay getting a roof and build back, Ms Ayres and your field adjuster and the first available contractor  met on or about March 10, 2019 to discuss what was required to proceed and authorization was perceived as given by the field adjuster to the general contractor/roofer.


 The demolition by your Preferred Vendors was incomplete and the project was allegedly abandoned, according to their correspondence to Randy Brewer, on or about February 19, 2019.  Ms. Ayres has sent evidence repeatedly showing that their vehicles and staff continued to visit the property through early March, and no notice was given to Ms. Ayres that the work was complete.


Your offices directed my client to file a second claim for the additional damages, and based on that strategy implemented by your team, and the position that each claim has a mold-cap of $5,000, even when State Farm and it’s Preferred Vendors were the CAUSE OF any/all MICROBIAL DAMAGE.  She reluctantly provide the date of the snow storm damage of February 22, 2019 to your offices. 


In her recent communications, she inquired about the claims strategy and suggested that since in those 40 days without a roof, appxomately 30 of those days had extreme rain, wind, and snow, perhaps filing 30 claims to get home restored to pre-loss condition would be a possibility. 

You reiterated that ‘the claim is closed’ although you know very well the home has not been restored to preloss condition, and her health has been egregiously harmed BECAUSE the roof was not replaced for over 40 days, CAUSING EXTREME WATER INTRUSION THROUGH OUT THE ENTIRE HOUSE, AND HOUSEHOLD CONTENTS and that demolition that was done in February 2019 was incomplete, poorly done and included no remediation.

MS AYRES HAS REPEATEDLY REQUESTED THAT THE SCOPE OF WORK BE COMPLETED, AND PROVIDED FULL EVIDENCE TO YOU AND YOUR SUPERIORS THAT THE WORK DONE BY VENDORS DISPATCHED BY STATE FARM….. CAUSED THE EXTREME DESTRUCTION OF THE HOME AND HEALTH, AND NEEDS TO BE RESTORED TO PRE-LOSS CONDITION.


State Farm dispatched an Environmental Air Quality Testing Company in March 2019, who tested only 3 rooms in a home 6 room house that they knew had approximately 40 days of extreme water intrusion because of the first vendor’s refusal to replace the roof.  The environment reports showed the air with essential no mold whatsoever, which is also a fraud alert. 

The build back was authorized by the environmental company dispatched by State Farm, and the State Farm field adjuster. 

The scope of work provided by the unlicensed State Farm “adjuster representative” was used and approved by the field adjuster, who approved the replacement general contractor.  That meeting included Ms. Ayres, who had just been released from the hospital because of the slip and fall, head injury/broken wrist after her lengthy conversation on the horrors of watching her home destroyed by criminals with apparent complicity by your adjuster teams.

Ms Ayres said that your company is not interested in settlement, nor mediation, and there is no offer on the table, and nothing could happen until a letter of representation was received by State Farm regarding pending litigation.  She told you she would consider a settlement offer, or would fight till her last gasps. 

Her home and health have been destroyed and while you indicate State Farm does not condone or support or participate in insurance fraud, I have recommended to Ms. Ayres that the Department of Insurance might be the better judge of that.

Any offers to settle this matter must go through me, and our designated structured settlement company, until and unless otherwise notified.

Because I am also an American with Disabilities, any phones calls are also subject to recording.  

Ms Ayres has been instructed to file complaints, as previously mentioned, immediately with Department of Insurance, Contractors Board, Consumer Affairs and the Court of Public Opinion.   I had previously advised Ms. Ayres to refrain from public website complaints, but I have instructed her to proceed without fear or caution, and to simply stick to the facts. 

Her State Farm insurance agent recommended (illegally) that she use her social media sites to seek help in securing licensed legal representation, and I concur with that recommendation, and you may follow the blog, as you have already been apprised, at ContractorComplaints.com The agent  suggested filing a complaint for $10,000,000 and I again concur. 

While Ms Ayres said, before knowledge of the health damage caused by State Farm, that she didn’t need $10,000,000 — she just wanted her home restored to preloss condition, reimbursements for out of pocket expenses, loss of use, and pain and suffering…. so the agent told her to ‘find an attorney who will sue for $10,000,000 and tell them you just want $1,000,000 and they can keep $9,000,000.’

As we all know, it is illegal in California to require that a policy holder sue for policy benefits, and that’s apparently why Bad Faith claims exist.  My fees are 50% of any settlement that may be offered, mediated and accepted. 

If additional representation is required, my client will be required to sue for legal fees as well.

I have further suggested to Ms Ayres that in light of the bad faith, a compilation of emails and images in a short or medium length ebook may be theraputic for her, and help her recover losses from the egregious harm caused to her and her property by State Farm and it’s preferred vendor program.

Cordially,
Linda Ayres, In ProPer
lindaayres311@gmail.com
cc:  Linda Ayres, Client 
workcomplinda@gmail.com
—————
Learn more about the lethality of toxic mold contamination —
Search Facebook groups and also see the upcoming MoldCongress.com
The life you save could be your own.

TOXIC MOLD OVERLOAD — FROM 40 DAYS OF WATER INTRUSION BECAUSE STATE FARM AND PREFERRED VENDORS WOULDN’T REPLACE A ROOF – LETHAL MOLD TOXICITY – HOME AND BODY

Update:  5/14/2020 – State Farm obviously discriminates against in ProPer adversaries.  On the telephone conversation he told ‘my client’ that upon receiving a letter of representation, the claim would move from his desk to the next level toward settlement. At no time did he say that change would only happen upon receipt of a filed Complaint, in fact,  he told ‘my client’ he knows nothing about the litigation side of claims.   So, we will assume this to be further discrimination and violations of civil rights. We can also legitimately assume he cannot or does not read with greater than a grammar school level of comprehension. Onward.

2 responses to “WHEN INSURANCE CARRIERS FAIL HOME OWNERS, DESTROY THEIR HOMES AND HEALTH…… WHATEVER CAN WE DO?”

  1. Linda Ayres and Friends Avatar

    Reblogged this on Ask About Workers Comp Gravy Trains and commented:

    NOTHING CHANGES WHEN NOTHING CHANGES, HUH?!
    Do you see any similarities between divisions of #insurance #claims handling? Hint: Instead of #MPN think of #PreferredVendors; instead of #DirtyDoctors think of #DirtyContractors; as to #Adjusters, think of #Adjusters….
    Try not to think about #Lawyers…. but if you can’t help it, check out this legal self-help course… and Learn how to #WinInCourt … tell Dr Graves that Linda in California sent you… tinyurl.com/WinWithoutLawyers!

    #GotContractorComplaints? Subscribe and Share because…
    #WeAreTheMediaNow …. #SoBeIt!

    Like

  2. Linda Ayres and Friends Avatar

    #WhoYaGonnaCall?!!! #NationalINSURANCEdiscussions

    http://disq.us/p/2ka0ksf

    Like

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