#This is #InsuranceNationalDiscussionMonth!
Include #Nukes in the discussions, too!
Make it So! #WeAreTheMediaNow ;D
Here’s the big picture … a mind map/timeline/player line… damages lines… and some memes. It opens up to 4 pages if you have full acrobat to print a poster. See some requested amendments below, in red. Looks like the lawyer thought my Complaint was not intelligent and got close to an “F” grade. Yikes. It’s not I didn’t seek legal representation for over two years. What kind of gigs do lawyers take anyway? None that require expertise, smarts and courage, so it seems.
The paralegal gigs haven’t worked out yet… they seem to have contempt for lawyers and think they can practice law without a license or proper training. I’m waiting for response from another MATURE paralegal, quasi local, with expertise in whistleblower and other insurance related matters. Fingers crossed!
Fortunately I found personal legal counsel to help me maneuver multiple legal battlefields, in pro per.
[Use this app to make your own, if you have an ipad…
It’s a very useful tool, and simple to use]
You can also mouse around and see who did what when where and how… It needs some updating and further information. Ayres vs State Farm et al Court trial date is set for… October 2021, I think. I can turn that images into text outline, if you would prefer to see it that way, just message me. Cool app called…. INSPIRATION MAPS
Fingers crossed that the guys will come to their senses, meet amongst themselves, then we can all meet for MEDIATION WITH INTENTION TO SETTLE… in person… probably in Los Angeles (but it’s such a dangerous city; Palm Desert or Indian Wells, Southern California would be my first preference.
[ebooks… coming soon… subscribe to get email updates… ]
COMPLAINT – AMENDMENTS IN THE WORKS
[Suggestions for further amendments welcome]
THE DRAFT EMAIL THAT GOT AWAY!!!!!!!!!!!
CC: Roy Paytner, State Farm — ooops, this fired before I was ready to send it. This is transparent catch up.
When I try to multi-task, I can get a little overwhelmed. Thanks also for subscribing to my video channel. The guys at State Farm apparently refused to even look. I was in touch with Corporate & Leadership offices of all parties; crickets.
GCC BLOG STATS 2021 YTD
GCC BLOGS STATS 2020:
Even the Chinese are reading my blog, Got Contractor Complaints, God only knows why, there are no references to the Chinese DryWall catastrophe. (I think it has something to do with State Farm and Mike Tipsord’s affiliation with Brookings Institution? Dunno. Spooky, huh?)
This was supposed to be a “think about and fire tomorrow email” to State Farm with a copy to you. It was inadvertently fired at 3:10, which I realized when the State Farm auto responder acknowledged it. Oh well!
Well, at least you can see I am acting in good faith and also trying again to get the records from the claim file that they have refused to release to me.
When Kantor and Kantor kindly helped me obtain the “claim file” it was a typical ploy by State Farm obfuscation team, 4,500 pages of mostly my communications to the swaths of adjuster on the claim was all State Farm sent. I found about 25 pages of evidence that we’ll use in Court or Mediation. I don’t think Roy realized those slipped by their censors/cullers. I sent him copies but he said he couldn’t read them. Didn’t ask for fresh copies.
If only State Farm had denied my claim…. and not deceived me that I was required to use their vendors, none of this would have happened. Your client probably has the contracts and communications with Randy Brewer, first adjuster, out of the Phoenix Claims office? Does your client really think that approximately 40 days of unmitigated water intrusion won’t cause microbial dangers? Not even a few itty bitty spores? Really? State Farm adjusters believe that! They think a few days of air blowers is adequate with partial demolition and no known or verified remediation.
You may know Canyon West? He wrote a book called BULLET PROOF MOLD LITIGATION. It’s a wealth of information. He explores the strategies deployed by some carriers to hire environmental inspectors to provide false reports to clear properties for build back.
It is similar to the position held by American Policy Holders Association apassociation.org fighting State Farm and other carriers for denying claims with the use of fraudulent engineering reports. Their executive director is a Marine. Are you a Veteran? APA purportedly has staff to walk into Attorney General offices across America with claims of insurer fraud.
They apparently didn’t know the same practices apparently plague the environmental inspection crowd. I’ve learned that companies like ServPro and Paul Davis Restoration have tactics to falsify even wall wetness measurements. Some say their equipment will read a wet piece of paper as “dry”.
Do you know Ed Cross … ? The “National Restoration Lawyer” or something like that? He couldn’t help me..he’s pals with one of the defendants and has previously represented some of the others in the first and second complaint.
Sounds like a national dilemma. You guys look like heavy hitters The National Mold Crisis that clients like yours have created by unscrupulous conduct borders on… really bad conduct.
Personally, I think that a coordinated effort to mediate this to settlement could have a positive impact on our Republic. I would be thrilled to share with my networks that ‘the parties reached resolution subject to a confidentiality agreement and here are some ideas on how to prevent this from ever happening to you, compliments of the contractors, lawyers and adjusters involved in resolution. INSURANCE SELF-HELP 101
My State Farm agent told me to “lawyer up and sue for $10 million”…shortly thereafter he ended up in the obituaries; not related incidents.
As things unfold, I’m sure you might agree that $10 million is nowhere near enough when the national ramfications are examined.
I am still researching accommodations… the Disability community must band together when corporations cheat us, destroy our homes and health and try to violate our civil rights in other ways.
Let’s do something great for America… let’s make sure this never happens to another American.
LAND OF THE FREE HOME OF THE BRAVE … where groups like ProjectVeritas help Patriots keep the faith.
[typed but not edited due to disabilities…]
———- Forwarded message ———
From: Linda Ayres <firstname.lastname@example.org>
Date: Fri, May 28, 2021 at 3:10 PM
Subject: fyi and review – SCOTT GREEN RESPONSE DRAFT TO STATE FARM/ROY PAYNTER
To: HOME CLMS-FIRECLAIMS <email@example.com>
557536D61cc: Scott Greene
Dear Roy Paytner:
Here’s the final thread with the AEG counsel. I was a little confused because his voicemail mentioned State Farm and Paul Davis, and his first email mentioned State Farm and ServPro. Other people are allegedly representing them… I am setting up files this weekend so I can keep the flurry of motions under the proper indexes when they start arriving.
As you know, a book is also in the works. I think it may have to be divided to Pre-Ligitigation/ Litigation / Settlement / Post-Settlement episodes. What an adventure in law. I’m grateful to have found some solid support and concern in the business communities.
The most important thing for you, at this point, I think, is that Scott Greene also wants copies of the records between State Farm and American Environment Group — remember that Randy Brewer organized and authorized and paid for them to inspect the property in February 2019 and March 2019. It was based on their [negligent or fraudulent] report(s) that State Farm authorized the build back, that Linda Holloway Cox authorized in her meeting with the second General Contractor (who I hired) in March 2019.
There will be a subsequent lawsuit filed to include the vendors that I actually hired, and AEG will be in that Complaint regarding their inspections in August 2019 that I paid for, along with other inspections that clearly refute the false and fraudulent report submitted and revised by AEG.
The first Complaint addresses the vendors I did not hire; the second Complaint addresses the vendors I did hire, starting with the second authorized General Contractor, whom I was led to believe Linda Holloway Cox had to meet in person and authorize after reviewing the Paul Davis Restoration xactimate estimate submitted TO STATE FARM by Paul Davis Restoration as assigned by Contractor Connection as General Contractor and State Farm “adjuster representative”
I am also letting Scott Greene know that I am attempting to obtain the documents he has requested. I also suggested he contact State Farm directly, since you guys have been non-responsive to my requests for the claim file in it’s entirity.
As you know, I still need the claim file documents and records regarding ServPro, Paul Davis Restoration and Contractor Connection, Temporary Accommodations (who failed to provide me with like-accommodations (a hotel room instead of a house) plus I had to move 4 times in the first month at the hotel, which is extremely devasting for an elderly woman with disabilities.
Your adjuster team even apparently forbade Temp Accommodations from giving me an estimate on an RV so I had a safe place to stay after the contamination was discovered in June 2019, after I returned home early, while general contractor was still fussing with the roof and walls, and Randy refused to honor the loss of use portion of my insurance policy, endangering my life as well. I left the hotel early because of threats by Paul Davis Restoration, as you may recall.
I haven’t heard from the State Farm legal people yet, so please ensure that these updates are placed in my file immediately.
Have a nice weekend. I hope I’m not surprised by another Sunday 7:30 am letter from you.Life is meant to be enjoyed… Let’s get this wrapped up.
———- Forwarded message ———
From: Linda Ayres <firstname.lastname@example.org>
Date: Fri, May 28, 2021 at 2:26 PM
Subject: Fwd: Ayres v AEG et al.
To: Scott Greene <email@example.com>
Cc: Linda Ayres <firstname.lastname@example.org>
Thank you for your email.
Since I am disabled and in pro per, I am not surprised that the Complaint is imperfect.
Please do review the pdf diagram/mind map previously sent to you.
It is anticipated that Phil Andersen in the State Farm North California in house litigation department will ultimately organize a group mediation with intention to settle – before he retires in July 2021. Their adjuster team manager in Phoenix has indicated repeatedly that they will not subrogate- so that should give your client some comfort.
The contracts were between State Farm and American Environmental Group. I did not hire them until August 2019. The first apparently fraudulent report was ordered received by and paid for by State Farm initial adjuster, Randy Brewer. They refuse to release that part of the claim file to me. You might have better luck.
I think that’s the discovery part, production of documents and depositions. If you know Phil Andersen- call him and ask him about the contracts. He knows about this mess. Tell him hello for me and that I have a structured settlement guy in LA standing by to help resolve this egregious matter
Please be advised that I will look into the stated concerns and respond accordingly.
There are other required amendments that have been brought to my attention and they are in the works
Two of the defendants this week respectively and respectfully requested extension— once we get all the requests for changes /amendments in- we can consolidate them and get on one timeline
I hope that helps.
Thank you for writing— that would have been too much info for me to absorb on the phone.
Let’s get the claim file and contract from StateFarm— it will probably bury your guys and you might be a little more accommodating regarding my disabilities
Back with amendments as soon as possible
On Fri, May 28, 2021 at 12:42 PM Scott Greene <email@example.com> wrote:
Allow this to serve as our initial effort to meet-and-confer in advance of filing a demurer and companion motion to strike.
With respect to the motion to strike, we are unaware of any contract or statute which would allow you to recover attorneys’ fees or witness fees from our client, AEG.
Likewise the Complaint fails to adequately plead the demand for consequential damages per the contract causes of action.
Lastly there are no cognizable causes of action against AEG which could result in recovery of emotional distress damages.
Your Complaint fails to allege facts sufficient to constitute “outrageous” conduct on the part of AEG or any corresponding “emotional distress” of the Plaintiff.
We ask that you amend the Complaint and delete the demands for attorneys’ fees, witness fees, consequential damages and emotional distress damages as against AEG.
With respect to the demurrer, the Breach of Contract cause of action is inadequately pled in that you fail to indicate the parties to the contract, the date it was made, indicate whether written or oral, attach a copy of the alleged contract or include the essential terms which you contend were breached.
Please advise whether you intend to amend your Complaint and address these defects.
Your third cause of action, for Intentional Interference with Contractual Relations, is with respect to your insurance contract with State Farm.
We contend there can be no interference in the claims handling of State Farm by AEG with respect to your covered loss.
Please advise whether you will amend the Complaint and remove AEG from this case of action.
Your fraud causes of action (Fraud, False Promise and Intentional Misrepresentation) all lack the requisite specificity and particularity.
The particularity requirement serves two purposes.
First, it provides notice to AEG so as to furnish AEG with certain definite charges which can be intelligently met.
Second, the pleading should be sufficient to enable the court to determine whether, on the facts pleaded, there is any foundation for the charge of fraud.
Your Complaint fails to meet this standard.
Please advise whether you will be amending your Complaint and cure the defects in your fraud causes of action.
Your negligence cause of action fails to allege facts creating a duty on the part of AEG to Plaintiff.
Please advise whether you will be amending your Complaint and cure the defects in your Negligence cause of action.
Scott G. Greene
11835 W. OLYMPIC BLVD., SUITE 600E
LOS ANGELES, CA 90064
From: Scott Greene
Sent: Friday, May 28, 2021 9:50 AM
To: Linda Ayres
Subject: RE: Ayres v AEG et al.
To avoid any admission by silence, I reject your characterization of the issue and dispute any such violations of the ADA.
I will send my meet-and-confer email in advance of filing a demurrer and motion to strike shortly
Scott G. Greene
11835 W. OLYMPIC BLVD., SUITE 600E
LOS ANGELES, CA 90064
From: Linda Ayres [mailto:firstname.lastname@example.org]
Sent: Friday, May 28, 2021 9:44 AM
To: Scott Greene
Cc: Linda Ayres
Subject: Ayres v AEG et al.
Your refusal to agree to an ADA accommodation for my disabilities is noted. State Farm has a similarly aggressive stance against disabled elderly female Americans
I will check with ADA & Brain Injury Association of America and/or the Court to consider the options.
In the interim, all communications must be in writing.
PO Box 835
Yucca Valley CA 92286
On Thu, May 27, 2021 at 7:25 PM Scott Greene <email@example.com> wrote:
There will be no recording allowed
Just saw your email. Let schedule a quick call for Monday afternoon? I’m available after 2 pm. Or, Tuesday, June 1, 2021 at 10 or 11. Let me know what works for you.
We are a 2-party permission state to record calls. Due to my disabilities and the complexity of these issues, do you agree to an accommodation to allow recording of the call? Please let me know.
Have a safe weekend.
760 368 5243
PS. Attached is a mind map, drawing that most all of the defendants have had access to all along, and more recently, it has been included in my correspondence with the various parties and their representatives. State Farm adjusters seem insistent that they will not subrogate, so that must make their co-defendants feel a little better. We are hoping for an all-party mediation with intention to settle… Hope is good thing, wouldn’t you agree?
My office represents AEG I the lawsuit you filed against State Farm, ServPro and others.
Please contact me at your convenience to discuss the Complaint as well as per the perfunctory meet-and-confer in advance of filing a demurrer/motion to strike.
Scott G. Greene
References and Recommended Readings:
- Video tinyurl.com/GCC-video
- IF ONLY State Farm had just denied my Claim https://www.linkedin.com/posts/lindaayres311_preloss-sos-sam-activity-6801152680501792768-Qhb6
- #Cahoots linkedin search https://www.linkedin.com/search/results/content/?origin=FACETED_SEARCH&postedBy=%5B%22me%22%5D
- IF ONLY STATE FARM HAD DENIED MY CLAIM https://tinyurl.com/IfOnlyStateFarm
- #RuleOfLaw doesn’t matter much these protected industries…. so if you have to prepare for battle with them, you might want to also find out more about HOW TO WIN IN COURT … tinyurl.com/WinWithoutLawyers
#TakeTheQuiz…. if you can’t pass it, take the course and keep on blogging…. because… #CourtOfPublicOpinion is #InSession! #AllRise
- WHAT DOES A RESIDENTIAL CONSTRUCTION ESTIMATOR DO? https://www.linkedin.com/feed/update/urn:li:activity:6802018687655264256?updateEntityUrn=urn%3Ali%3Afs_feedUpdate%3A%28V2%2Curn%3Ali%3Aactivity%3A6802018687655264256%29
- INSURANCE PROGRAMS by vendor
- #InsuranceProfessionals #PaulDavisRestoration
- @StateFarm — this is what #ConCon says… about their services. Good Golly… their idea of mediation is really something, tooo… check it out, then read my blog…
- PUT THESE #IEP GUYS THE TEST, TOO… AND SEE ABOUT THEIR RELATIONSHIPS WITH THE INSURANCE INDUSTRY…
- #NationalDiscussion Topic “Rule #1 The carrier will never willingly do the right thing” – Andrew G McCabe and friends See how the industry responds and reacts https://www.linkedin.com/posts/andymccabe_fightforyourright-standup-fairclaims-activity-6801150825809932288-wzVj
- INSPIRATION MAPS – mind maps that easily convert to text outlines. Join the discussions. https://www.linkedin.com/posts/lindaayres311_inspiration-maps-activity-6804457721149186048-D-zT
….When I refused to participate in the apparent insurance fraud, and begged for authorization to have their vendors dismissed so I could find legitimate contractors – they authorized (and performed) build back OVER IDENTIFIED WATER DAMAGED / SATURATED WALLS BASED ON A FRAUDULENT OR RECKLESSLY NEGLIGENT AND CERTAINLY FALSE IEP ENVIRONMENTAL REPORT THAT THE STATE FARM ADJUSTER REQUESTED, NEGOTIATED AND PAID FOR.
The same vendor was called back to the house months later to inspect the entire house, as I was getting very sick.
Their second report seems intended to cover up the fraud of the first report. State Farm paid for the first one; I paid for the second one… approximately $2,000. The second one was the entire house, and they were fully apprised both times of the 40 days of roofless water intrusion. The second report found air quality unacceptable with an asterisk, and no remediation protocol recommendations.
When pressed in August 2019, the lab guy said, ‘Lady, if this was my Mom’s house, I would tell her to just clean it” I said, “With what? Windex?” So then he wrote a protocol for yet another State Farm preferred vendor to bid on.. $10,000 for #hepa cleaning, and blatant and reckless disregard for the SOURCE OF THE TOXICITY (unfinished and reckless water damage work; abandoned by State Farm vendors before State Farm dispatched General Contractor could get an #xactimate estimate to #ContractorConnection and #StateFarm, because I couldn’t cough up $7,000 cash to have them hurry with the roof and cheat a local contractor and cheat State Farm by estimating (over 30 days after inspection!! ) the $9,000 estimate [plus an $8,000 pack-out fee, of stuff rained on for 10 days and not cleaned or dried; just packed into a shipping container – actions coordinated directly with the State Farm adjuster, negotiated and authorized by the desk adjuster — and nobody asked that my double car garage was clean and empty.
LinkedIn industry posts suggest that pack-outs are a maneuver to facilitate fast money for the contractor, regardless of how they handle the claim. The vendor alleges they were never the General Contractor, just the pack-out guys. Yet they appeared and conducted inspections and barked orders like their designation as General Contractor and Adjuster Representative. The #StateFarm field adjuster did not inspect the property until March 2019, in what the insured was led to believe was a required meeting to authorize replacement contractor who was not a part of the State Farm vendor program.
It’s a little complex, isn’t it.