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