YEP! AYN RAND!
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You know the old sayin by APA and others: STOP INSURER FRAUD
Remember remember….. #WeAreTheMediaNow!
KARLA GOTTSCHALK
ATTORNEY AT LAW #91651
February 10, 2021
Insured: Linda Ayres
Policy Number: 77-CB-K447-6
Claim Numbers: 55-7536-D61 & 55-B788-7M9
Company Name: State Farm General Insurance Company
NAIC: 25151
Date of Loss: 2/2/2019STATE FARM INSURANCE COMPANIES ET AL
Attention:
Michael L.Tipsord, Chairman of the Board
Michael Piha, Arizona Claims Office Executive Authorized to Settle Claim
Roy Paynter, Arizona Claim Team Manager
Mathew Harmon, Current Adjuster, preceded by others
Cindy Pieper, State Farm Agent
PO BOX 106169 Atlanta, GA 30348-6169
E: statefarmclaims@statefarm.com
PLEASE TAKE NOTICE:
Linda Ayres demands settlement of the following claims based upon State Farm
Insurance Company acts by and/or through their subsidiary contractees named
above for unlawful and unlicensed acts taken since February 2, 2019, indicating
bad faith, lack of adequate oversight or investigation of contractors in a mandatory
pool of contractors in an attempt to insulate themselves from liability through a
scheme and pattern of requiring selection by insured from a designated pool which
in turn has contracts with licensed and unlicensed contractors that may or not be
bonded and/or qualified to do contracting of building repairs in California.
Ms. Ayres will settle her claims, prior to filing lawsuits, for $800,000 with $200,000 payable immediately and $600,000 in a structured settlement payablemonthly over a maximum of 10 years, plus legal fees. .Please respond with all potential defendants bond limits.
If you wish to make a counter offer you must agree to toll all statute of limitations
that will only begin to run again after all negotiations have broken down.
Any counter from defendants above will trigger the halting of the running of any and all statute of limitations.Should there be no response within five business days, suit will be filed without further notice and will include continuing damages and costs.
I look forward to your call.
Karla Gottschalk
Attorney for Linda Ayres
Email: Diplomat.HawaiianKingdom.Justice@protonmail.com Tel: 808 238-4287
FROM: Linda Ayres
TO: See Distribution List below
DATE: April 8, 2021
Dear All:
Attachments were inadvertently left off earlier email.
Attached is my response to Karla Gottschalk in response to communication from Ms. Susan Wood of NARS regarding a piece of the dilemma, as a representative for GEO EARTH ENVIRONMENTAL SAMPLING. It may serve to help all of you better understand what has happened to my home and my health and why, and who all is responsible for what.
Ms. Wood, and all, may continue to communicate directly with Karla Gottschalk, and perhaps they may also make some progress toward settlement, with or without litigation. I understand that some people do not have the patience or courtesty to deal with my disabilities.
I recently read an excellent article on MEDIATION by, coincidentally, the Managing Attorney of the State Farm Insurance Company In-House Litigation Department, Phil Andersen.
I reached out to Mr. Andersen by phone. Fingers crossed that we might all reach a satisfactory settlement in the foreseeable future.
I did disclose my disabilities and I did apologize for my somewhat circular thinking and communications and lack of brevity, as I thanked him for his time on the phone. I mentioned that I do not fly, but that if arranged, I could be in San Francisco next week for mediation. I made a few other suggestions also. We’ll see what comes of them.
I have also just been asked by a group on Linkedin & Facebook to help them with some sort of movement about misconduct by State Farm and handling of roof claims. I will investigate further and provide whatever assistance I can, and if we resolve my situation, we might all have some positive data to share with them on strategies and claims handling for their policy advocate efforts.
I also recently learned of a Class Action convention taking place in California the end of the month. Texas and parts of the mid-west that experience the FREEZE could probably benefit by some of that support, also. I shuder to think of the mold sickness and death thatt will result from that weather warfare event. Standing by for more info on that, too.
Happy Spring! Today is my Birthday, so it would be mighty nice if we can wrap this up …. I do have some insulation and walls now, so I didn’t freeze this winter, but the house is far from being restored to pre-loss condition, along with my health.
Cordially,
Linda Ayres
ATTACHMENTS: WORD VERSION OF THE 4/8/2021 LETTER BELOW
Linda Ayres
April 8, 2021
Karla Gottschalk, Attorney at Law
Email: Diplomat.hawaiiankingdom.justice@protonmail.com
Tel: 808 238-4287
RE: NARS – North American Risk Services –
Third Party Claims Administration
Adjuster: Susan Wood, Senior Claims Adjuster
800 315 6090 x7731 mailroom@narisk.com
Claim Number: FEAIC21020015
Policy Holder: Geo-Earth Environmental Sampling Professionals, Inc. / Pete Torres
Policy Number: FEI-ECC-23826-03
Date of Loss: 11/13/2019
Claimant: Linda Ayres
Dear Karla Gottschalk:
Further to our conversations about the destruction of my home, the deviations from the applicable standard of care are numerous, and the damages egregious.
The degree of care (watchfulness, attention, caution, and prudence) that a reasonable person should exercise under the circumstances. If a person does not meet the standard of care, he or she may be liable to a third party for negligence.
standard of care | Wex | US Law | LII / Legal Information Institute
I hope the following will suffice in your further communications with the defendants and their representatives.
Please let me know if anything else may be helpful in bringing these matters to conclusion, with or without litigation.
Pete Torres of GEESP was referred to me in November 2019 by his colleague, the owner of RAPID DRY RESTORATION, Gary Raimi.
This was after an inspection at my home, with Gary Raimi and Linda Holloway-Cox, field adjuster at State Farm, in late 2019.
Gary Raimi and Linda Holloway Cox knew one another, and allegedly had done several claims together. Linda Holloway-Cox seemed intimidated by Gary Raimi’s knowledge and assessment of the damage from the unmitigated water damages and incomplete and failed remediation done by State Farm Preferred Vendors & TPA (ContractorConnection, Paul Davis Restoration, ServPro and inspections by American Environmental group in early 2019.)
Linda Holloway-Cox authorized invasive testing in several walls that had been previously identified by State Farm adjuster and vendors as water damaged. Inspection payment was authorized by the State Farm field adjuster for GEOEARTH to do the inspection. Upon receipt of the report by GEOEarth, identifying the catastrophic levels of microbial growth, mold and other toxic matter, State Farm began cover up with denial of connection with unremediated and failed remediation of water damage by State Farm preferred vendors, and the consequences of leaving the roof un-replaced and poorly tarped, causing further extreme water intrusion throughout the entire roofless house for approximately 40 days, including approximately 10 days on all household goods.
When Pete Torres first arrived at my home to do yet another environmental inspection and sampling, we also reviewed the prior testing that I had organized into a binder.
That binder contains all of the tests performed by various vendors since my roof blew off on 2/2/2019.
Pete Torres was cordial and seemed knowledgeable about mold inspections and mold species and health threats of same. He told me I was probably the most organized client he ever had, and that I probably know more about mold contamination and damage and consequences than most people in the industry, having studied all the reports.
Pete Torres pointed out many of the dangerous microbial species and he spent a few hours at the property, inspecting it, samping the air and behind walls and more.
His first report was egregiously flawed, as it showed north as south and south as north, compromising and confusing and mis-identifying which walls needed the restoration/remediation work that began in February 2019 to be completed. Subsequent inspectors showed me how the iphone can be simply used to identify directions at any given location.
I identified the directional errors and walls and Pete Torres made the directional corrections before the report was submitted to State Farm. The extent of microbial growth and catastrophic damage was apparent to any reader and the State Farm response seemed fraudulent at best, and their adjusters suggested the contamination had nothing to do with the roof loss and 40 days of unmitigated/unremediated water damage. State Farm further suggested that partial and incomplete demolition of walls that their vendors had identified as extremely water damaged, followed by a few days of air blowers (despite lack of roof) were adequate.
The GEOEARTH report was apparently not clear enough for all parties to see the connection with roof loss, and months of untreated microbial growth destroying my home and health. It took several more weeks before I was able to get RAPID DRY RESTORATION to the house to commence demolition and remediation. The GEOEARTH follow up inspections and reports in early 2020 also were apparently insufficient and negligent in identifying the further microbial dangers caused by several more weeks of unabated untreated growth.
Although it was reasonably clear in the report that the unmitigated water damage that resulted from the roof loss of February 2019 and extreme delays by the vendors dispatched by State Farm had caused catastrophic microbial damage, State Farm insisted that the consequent mold was not related to the failures of their dispatached vendors who neither adequately nor properly remediated the known water damaged walls, identified in all their reports.
Had the GeoEarth been more direct and concise and with clearer expressions of statements of findings, the State Farm appearance of insurer fraud by denying the claim from that point further could have avoided. No reasonable person could conclude that 40 days of unabated water damage would not cause catastrophic and life-threatening damages. The GeoEarth reports failed in that regard, and became more watered down as inspections continued.
Pete Torres also had access to those Xactimate reports provided by and through State Farm and it’s assigned preferred vendors. It turned out that the walls that were identified as water damaged but not demolished nor remediated were the cause and consequence of the abandoned and negligent work organized by State Farm Phoenix claims office.
Randy Brewer, a Senior State Farm Adjuster, coordinated the initial claim, and it was subsequently passed down to a series of junior adjusters as the matter escalated. Randy Brewer also organized the very first environmental sampling by another of their preferred vendors, American Environmental Group which essentially did not show one mold spore in March 2019. This seems similar to a known fraudulent insurance carrier practice which aids and abets carriers in denying claims. Peter Torres reviewed the AEG reports, at my home, and seemed to find them quite questionable as well. Subsequent reports showed a variety of dangerous readings, prior to the GeoEarth sampling.
The State Farm claims remain open to this date and efforts for settlement have failed, with State Farm blaming everything and everybody but the true cause of the catastrophic and life-threatening damage. Without evidence, there is also suspicion that some of the vendors who failed in the tasks may have done so with monetary promptings to walk away or produce false or weak reports and estimates.
Many months of microbial growth were the apparent result of the State Farm preferred vendors gross negligence. Gary Raimi of Rapid Dry and Pete Torres of GeoEarth promised to demolish the water damaged places, remediate the contamination and make my home safe again. They failed, egregiously, but there’s more. It now seems like part of a greater confidence game, as both parties failed egregiously, and caused further toxic exposure and financial losses. Both were paid what they charged.
Because of the delay caused by Rapid Dry, I secured another bid, which was reviewed by the Rapid Dry project manager. The cost was $17,000 and 2 weeks work, with a guarantee of clean up for demo and remediation, based on the initial GeoEarth inspection report. Rapid Dry estimated the demo costs at $7K and 10 days, based on the same report and ended up charging $14K and several weeks of demolition and several months of uninhabitablity.
Had the GEOEarth report indicated the probability of continued microbial growth contamination without immediate demolition and remediation, State Farm may have been more inclined to immediately authorize completion of the demolition/remediation and restoration in November 2019.
Much of the responsibility for the failure may be upon GeoEarth and the lack of urgency and clarity of the report, and the initials confusion and inaccuracies presented, and then watered down by same.
Linda Holloway-Cox, on behalf of State Farm, paid the fees that GEOEARTH charged, then denied the balance of the claim.
State Farm refused to provide a scope of work and costs and denied the claim (which they requested be a second claim – although the entire month of February 2019 was a series of storms and further destruction and damage to my home. Linda Holloway-Cox indicated she could not fight for demolition/remediation/restoration because the property was built-back based on the failed restoration/remediation efforts of the vendors dispatched by State Farm and Contractor Connection. She said she would “get in trouble” in her California office.
Pete Torres and Gary Raimi seem to be friends and Pete Torres told me that he had trained many of Gary’s restoration/remediation workers. Other professionals have since told me that they would never refer to either of those companies.
Gary Raimi of RapidDry Restoration reviewed the GEO EARTH Protocol by GEOEARTH, confirming his suspicions that the former State Farm dispatached vendors failed to complete the job.
Gary Raimi assured me that his team could complete the job, and he encouraged me to get a scope of work from State Farm. State Farm refused to help me.
It was not until February 2020 that RAPID DRY provided a scope of work and commenced remediation. The prices doubled, the project was abandoned before completion, and contamination continued. Both Rapid Dry and GeoEarth refused and failed to complete their job, and the GeoEarth final clearance report was verifiably flawed and negligent.
[They didn’t even remove the bathtub, nor did ServPro/PaulDavis when the loss first happened.] I had to have the tub removed and replaced with a nonporous material, with grab bars and other safety features due to escalating neurological issues from the toxic exposure.
While GEOEARTH report indicated that there ‘could be health risks’ when I asked him in November 2019, after the initial report, if I should evacuate the house, Pete Torres told me it was not necessary to leave, and to just stay out of the master bedroom and master bedroom closet. Had he indicated evacuation was required, State Farm may have been less inclined to take actions with the appearance of insurer fraud as well.
Pete Torres later told me, “If State Farm ever settles with you, bulldoze the house. You will never be safe in it with that much water damage.”
Pete Torres later said, ‘I told you to evacuate in November, and you would not have gotten sick.’ If that was so, why did State Farm not know that my life was being threatened by the increasing levels of toxic exposure?
I reminded Pete Torres that he told me to stay out of the master bedroom and master bedroom closet, ‘keep the door closed’ till Gary Raimi can get the work done.
I asked that if he had indeed told me to evacuate, why was nothing said or done until February 2020? Why was State Farm unable to grasp that I could get very sick and die from the escalating and still spreading microbial growth?
I asked if Pete Torres was suggesting that Gary Raimi and Rapid Dry were the cause of my sickness from toxic microbial exposure.
It was after that, in approximately April 2020, that Pete Torres screamed at me, an elderly, disabled, unmarried, female homeowner, called me crazy and other hateful remarks, and said, “F**k you. I’m insured. Sue me.”
When the Rapid Dry crew arrived in February 2020, after a year of microbial growth, they seemed to have been working from the first flawed report, and there were numerous discussions on exactly which walls needed to still be demolished and remediated. A $7,000 demo in 2 weeks turned into approximately $14K demo in several weeks, in which I had to pay to stay in a hotel. Upon pandemic/martial law, I was forced to evacuated from the hotel, and reside in my gutted home, without walls or insulation. I lived until just recently in the uninhabitable home without walls or insulation. It is far from being restored to pre-loss damage yet.
Both GeoEarth and RapidDry were aware that the water damaged sheathing had not be replaced by contractor #2, and it was also, and continues to be, an area of concern. The GeoEarth final false ‘clearance’ report clearly missed visible mold on joists and beams, and although RapidDry was instructed to check for signs of sheathing contamination, the final report overlooked the failures of Rapid Dry to do so. Hence, it is still unknown if the sheathing that was extremely water saturated, is infested with microbial growth. Contractor #2 failed to replace all the sheathing he was paid to replace and the funds paid were apparently allocated to a Hawaii holiday instead. RapidDry Restoration was Contractor #3. Paul Davis Restoration was Contractor #1.
Upon first return to the house for clearance inspection, Pete Torres was visibly angered that RapidDry had left the house in such a deplorable state. He did not even enter the house, and said, “Gary will have to send the guys back. This place needs to be cleaned up. IT WILL NOT PASS IN THIS STATE.”
Pete Torres spoke with Gary Raimi at Rapid Dry and apparently the crew returned and did some clean up work, but not enough.
The crew generally worked 10-2 on the days they showed up, and in the end, abandoned equipment, left construction debris everywhere, plastic and tape everywhere.
Rapid Dry also lied to the Contractor Board and defamed me by falsely stating I had “stolen” his abandoned equipment, which he did even know was left behind until I said, “Gary, please come back and finish the job. Deal with the visible mold on the beams and joists; Pull the tub and clean it up. I thought you might want to finish it and pick up your equipment.”
When Pete Torres returned the second time for the clearance inspection in 2020, he was in hazmat attire, with a business partner, and Pete Torres was very sick. I suspected China flu and kept my distance from him.
At first I thought maybe he just forgot to look up and to see other areas of visible contamination because he was sick.
Apparently, Pete Torres either missed or fraudulently stated that my home environment was safe.
Additional reports were obtained during the Spring of 2020, validating that the GeoEarth’s report was egregiously flawed and left me in a contaminated home, cost anotherapproximately another $25K with the GEO EARTH/RAPID DRY FIASCO.
Upon return in late April/early May 2020, my body, already compromised by the toxic exposure, reacted to the environment. I called RAPID DRY and GEOEARTH and asked them to return.
I said ‘there’s still mold here. I’m not safe. Please come back. Get the rest of it out of here.’
My further research suggested that with the mold found in the bathroom, the porous fiberglass tub enclosure should have been removed and remediated. Neither GeoEarth NOR RapidDry were willing or able to complete their job, or were criminally negligent in execution of their responsibilities.
The GEO EARTH final inspection clearance report was also flawed and needed corrections, which were made, following a series of communications.
It also puzzlingly mis-stated the gravity of the damage discovered and noted in November 2019, and referred to the mess as a ‘roof leak’ rather than a catastrophic roof loss that lasted, unabated, nearly 40 days.
The changed tone from catastrophic wind/roof/water-damage loss to ‘roof leak’ suggests negligence or other type of compromise.
All parties were apprised of my disabilities; my age as an elderly woman is apparent, and photos of the medical conditions caused by the extreme lack of watchfulness, attention, caution, prudence that clearly did not meet the standard of care, and the extreme negligence and apparently between multiple parties is obvious to a reasonable person.
Losses continue to mount, along with punitive damages. I nearly froze to death this past winter, without insulation or walls.
The drafts and final copies of GEOEARTH inspection reports are available, along with correspondence as well as previous and subsequent evidence of the extreme microbial growth that contaminated my home and health — cause starting with State Farm and it’s preferred vendors, and escalating with each subsequent vendors/contractor/inspector.
By copy of this communication to other defendants and or their representatives, I am again asking them to communicate directly with you in efforts toward settlement. email: diplomat.hawaiiankingdom.justice@protonmail.com, on my behalf.
My social media efforts in the Court of Public opinion continue, and ideally, litigation will commence as the Courts open up.
On LinkedIn I recently learned of an upcoming class-action convention dealing with California matters; I will reach out to that group, as well as to UPhelp.org and American Policy Holders apassociation.org for further direction and support.
I am often reminded on social media that what has happened to me in this insurance claim is not uncommon at all. I have also been recently troll attacked by an insurance industry lobbyist. An investigator recommended that I take precautions as fighting insurance corruption could cost me my life.
That’s not very nice; All I asked for of State Farm in February 2019 was how to best to handled a roof loss complaint. If only the claim had been denied, I would have called a roofer and replaced my roof. Now I have to fight RICO level corruption by any and every means available just to get my home and health restored to preloss condition.
Susan Wood of NARS and all the others have the demand for $800,000. That’s the pre-litigation number. I recently discovered the name of a guy at State Farm in San Francisco…who has written an interesting article on mediation… he is the Managing Attorney for In House Litigation Department. Maybe he can be of assistance. We’ll find out and also ask all parties to get back to you.
Due to the extent of my injuries and the continued horrors and duress of living through these battles, I simply cannot write a short succinct piece… it’s too much of an obfuscated scary mess.
Many thanks. #JusticeIsComing.
Respectfully,
Linda Ayres
#GotContractorComplants
BLOG: GotContractorComplaints.com
Video: tinyurl.com/GCC-video
Cc: FYI
NORTH AMERICAN RISK SERVICES – NARS
Attention: Susan Wood, Senior Claims Adjuster
AND
State Farm
Paul Davis Restoration
ServPro
ContractorConnection
Temporary Accommodations
American Environmental Group
RapidDry Restoration
Michael Savage Construction
Does 1-50
On Thu, Apr 8, 2021 at 1:45 PM Linda Ayres wrote:
On Fri, Feb 12, 2021 at 2:36 PM WorkComp Linda <workcomplinda@gmail.com> wrote:
DEMAND LETTER
RE: Insured: Linda Ayres
Policy Number: 77-CB-K447-6
Claim Numbers: 55-7536-D61 & 55-B788-7M9
Company Name: State Farm General Insurance Company
NAIC: 25151
Date of Loss: 2/2/2019
Property Address: 58137 Sun Mesa Drive, Yucca Valley CA 92284
Dear All:
In light of the fact that many of you may still be working from home due to the Pandemic, attached please find
an electronic copy of the demand letter sent by US Mail to you February 10, 2021 from Karla Gottschalk,
Attorney at Law #91651 email: diplomat.hawaiiankingdom.justice@protonmail.com, on my behalf.
Please respond directly to Attorney Gottschalk.
Thank you.
Linda Ayres
[supersedes earlier email; there were typos in distribution email list]
Distribution:
STATE FARM INSURANCE COMPANIES
Attention:
Michael L.Tipsord, Chairman of the Board
Michael Piha, Arizona Claims Office Executive Authorized to Settle Claim
Roy Paynter, Arizona Claim Team Manager
Mathew Harmon, Current Adjuster, preceded by others
Cindy Pieper, State Farm Agent
PO BOX 106169 Atlanta, GA 30348-6169
E: statefarmclaims@statefarm.com
CRAWFORD CONTRACTOR CONNECTION
10550 Deerwood Park Boulevard, Suite 100
Jacksonville, FLA 32256
E: issues@contractorconnection.com
TEMPORARY ACCOMMODATIONS
3525 Piedmont Road, NE
Atlanta, GA 30305
Lynn Johnson, President
Desert Valley Restoration, Inc. dba Paul Davis Restoration
77833 Palapas Road
Palm Desert CA 92211
Stephen Schaeffer, CEO
DESERT RESTORATION, INC dba
SERVPRO of Palm Springs / SERVPRO of Indian Wells
81-785 Trader Place Suite A
Indio, CA 92201
AEG – American Environmental Group
5655 Lindero Canyon Road Suite 701
Westlake Village, CA 91362
and subsequent parties hired by insured in efforts to repair the damages caused by the above, in efforts to restore the property to pre-loss condition:
MICHAEL SAVAGE CONSTRUCTION
Attention: Michael Savage, Owner
55479 Yucca Trail
Yucca Valley CA 92284
RAPID DRY RESTORATION
Attention: Gary Raimi, Owner, unlicensed contractor
43695 Jackson Street
Indio, CA 92201
GEO-EARTH Environmental Sampling Professionals, Inc. dba
ESP-G.E.E.S.P., INC. – Certified Environmental Home Inspector
Attention: Pete Torres, Owner
1717 East Vista China, Unit #7 – PMB215
Palm Springs, CA 92262
E: pmt50@aol.com, edna@espmold.com
DEFENDANTS Attachments
They say WE HANDLED THE CLAIM CORRECTLY…. draw your own conclusions…
SOMETHING IS TERRIBLY, TERRIBLY WRONG IN AMERICA, ISN’T IT…
“When the law no longer protects you from the corrupt, but protects the corrupt from you – you know your nation is doomed.” ― Ayn Rand
PLEASE LEAVE YOUR COMMENTS BELOW OR SEND THEM DIRECTLY TO ME AT WorkCompLinda@gmail.com
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