DONALD L. THOMPSON,
Plaintiff, Pro-Se
vs.
Cause
No. 94-12,817
ALLSTATE INSURANCE COMPANY
and ROBERT WILSON,
Defendants
REQUESTS FOR ADMISSIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Donald L. Thompson, Plaintiff, Pro-Se, pursuant to Rule 169 of the Texas Rules of Civil Procedure, requests that on the thirtieth day after the date of receipt of this request, Defendant deliver or cause to be delivered to the undersigned a written answer, either admitting or denying specifically the facts hereinafter listed, attached, and named Admissions, or in the alternative setting forth in detail the reasons why said defendant cannot truthfully either admit or deny those facts.
Each of the attached facts hereinafter shall be deemed admitted, unless Defendant makes and delivers or causes to be delivered a written answer in response as provided in Rule 169.
Respectfully submitted,
___________________________________
Donald L. Thompson, Plaintiff, Pro-Se
Admissions
PLAINTIFF, Pro-Se, Donald L. Thompson requests these admissions from DEFENDANT, Allstate Insurance Company.
1. That on October 2, 1991 (Defendant) Allstate Insurance Company renewed the insurance policy of the residence located at 4005 N.E. 17th, in Amarillo, Texas.
2. That same insurance policy was numbered by Allstate Insurance Company as Policy number 216719784, a true and correct copy of which was attached as Exhibit "A" in Plaintiff's original petition.
3. That this policy was at all times material to this action in full force and effect.
4. That same policy included fire protection (listed as Texas Standard Fire Policy).
5. That this policy was issued in the names of Donald and Barbara L. Thompson, and that these and only these were the insureds named on the policy.
6. That Section IV, line 80, under Requirements In Case Lose Occurs, of above policy, specifically states "the insured shall submit to examination under oath by any person named by this company".
7. That The Court will interpret the policy language as a reasonable person in the insured's position.
8. That on November 26, 1991, an outstanding balance of approximately $1700.00 was owed to Donald L. Thompson (insured) from a prior claim # 1590802986GJH, dated 6-3-91.
9. That final payment of $1700.00 from that claim was denied verbally by Allstate representative, Robert Wilson. No explanation was ever given verbally or in writing. Allstate refused to pay the remainder of the claim even though the work had been completed on the residence as can be evidenced by records of Amwest Savings and their inspections of the property for this purpose. See attachments #1 and #2.
10. That on November 26, 1991 the residence at 4005 N.E. 17th, (the subject of this suit) insured by Allstate Insurance Company, sustained damage as a result of a fire, and a claim (# 1590898349GRW) was filed.
11. That despite the fact that all conditions precedent to Plaintiff's recovery have been performed or have occurred, Defendant Allstate Insurance Company has failed and refused to pay Plaintiff in accordance with its contract obligation.
12. That Defendant Allstate Insurance Company delayed payment of Plaintiff's claim for more than 60 days after it received all required and requested items, statements, and forms.
13. That Plaintiff is a person entitled to make a direct claim under the terms of the policy issued by defendant.
14. That the claims submitted by Plaintiff for damage to the insured property is covered under the terms of the policy, and that Defendant owed Plaintiff duties of good faith and fair dealing with respect to those claims.
15. That Defendant breached those duties by refusing to pay benefits due when Defendant knew or should have known that there was no reasonable basis for denial, and that even if Defendant had a good faith belief that the claim should not be covered, such belief does not constitute a defense to a bad faith failure to pay claim if in fact there was coverage.
16. That of resulting non-payment of claim, Defendant Allstate knew such action would result in financial hardship and severe mental anguish of Plaintiff.
17. That, according to the fire marshal's incident report, incident no. 914468, the incident occurred at 4:03:00 a.m. and stated that cause was suspicious but undetermined, and that no further investigation as to cause of fire has been undertaken. See attachment #12.
18. That the temperature that morning at 4:03:00 a.m. was 28 degrees F. See attachment #12.
19. That the above residence was being rented to Jody Berry of Amarillo, Texas.
20. That Mr. Berry rented the house for an agreed sum of $500.00 per month.
21. That Mr. Berry would get the September and October months rent paid and the next 10 months were to be reduced for work Mr. Berry was doing to the house.
22. That Jody Berry moved into above residence the end of August and his lease started September 1, 1991.
23. That November 1, 1991, Jody Berry was to start paying his payments, but refused and never made his rent payment.
24. That on or about November 10, 1991, Plaintiff left Notice to Vacate Premises on the door of Jody Berry at 4005 N.E. 17th, Amarillo, Texas.
25. That on or about November 21, 1991 Plaintiff went to see Jody Berry at the club Mr. Berry was working at to ask Mr. Berry when he was going to be moved out of the above property, at which time Mr. Berry got mad at Plaintiff , so Plaintiff got up and left the bar to avoid any trouble. Mr. Berry followed Don and Gloria Thompson outside yelling and cussing at them, saying that they would get out of the house but that they would destroy the inside of it so that it couldn't be lived in again. Plaintiff sped away and left Mr. Berry standing there yelling obscenities.
26. That on or about November 22, 1991, Don Thompson, (plaintiff) contacted Justice of the Peace, Haven Dicert and explained the situation and what had transpired the night before (November 21, 1991) with Jody Berry at the club where Mr. Berry worked. Haven Dicert suggested that Plaintiff contact Judge Cliff Roberts about the incident, which he did.
27. That Robert Wilson was advised of this contact with Haven Dicert, but never followed up on it or checked on it as he should have as representative of Allstate Insurance and Don Thompson, (insured). Allstate Insurance Company failed to properly investigate this incident for the benefit of the insured. That Allstate Insurance Company and it's representatives owed this duty to the insured based upon a covenant implied by law in every insurance policy.
28. That on or about November 22, 1991, Don Thompson, (plaintiff) contacted Judge Cliff Roberts about the same incident and was told at that time that there really wasn't anything Plaintiff could do about the threats by Jody Berry unless Plaintiff could actually catch Mr. Berry doing something destructive.
29. That, again, after notification of conversation with Judge Cliff Roberts, Robert Wilson should have, but never followed up or checked on Plaintiff's conversation with Judge Cliff Roberts on November 22, 1991. That again, Defendant failed to properly investigate for the benefit of the insured.
30. That Defendant originally denied Plaintiff's claim on April 8, 1992, one hundred thirty-four days after claim was filed.
31. That pursuant to prompt payment provisions of Article 21-55 of the Insurance Code, Defendant did not comply.
32. That on February 6, 1992, Plaintiff purchased a vehicle from Edward Redden, as evidenced by hand written Bill of Sale. See attachments #3 and #13.
33. That on April 10, 1992, Rebecca V. Hernandez of Lubbock, Texas, took title of above mentioned vehicle and registered said vehicle in her name, as evidenced by title application. See attachment #4.
34. That on April 10, 1992, Plaintiff filed complaint against Rebecca V. Hernandez for theft of title of a motor vehicle, as evidenced by Lubbock Police Department - Case Report # 92-012634. See attachment #5 and #6.
35. That on April 19, 1992, Rebecca V. Hernandez and her daughter Patty made false statements to Lubbock Police Officers as evidenced by Lubbock Police Department - Case Supplement Report # 92-012634. See attachment #7. Also can be verified by Lubbock City District Attorneys Office, by prosecutor Trey Hill.
36. That on all occasions asked by Robert Wilson prior to April 10, 1992 incident, Rebecca V. Hernandez had totally denied, to Defendant, any knowledge of the fire at 4005 N.E.17th in Amarillo, Texas on November 26, 1991.
37. That on April 20, 1992, Plaintiff filed Probable Cause Affidavit with Lubbock Police Department which led to the eventual arrest and prosecution of Rebecca V. Hernandez for theft of title of a motor vehicle, as evidenced by Probable Cause Affidavit. See attachment #8, #9, and #10.
38. That on April 20, 1992, Rebecca V. Hernandez contacted Gloria Thompson and informed her that she had figured out a way to get even with Plaintiff. Ms. Hernandez told Gloria that she was going to get a hold of the Allstate Insurance representative and tell him that Plaintiff had started the fire at 4005 N.E.17th in Amarillo, Texas.
39. That on or about April 21, 1992, Rebecca V. Hernandez contacted Robert Wilson to give statements about the above mentioned fire, and that Mr. Wilson made arrangements for several statements to be taken.
40. That Mr. Wilson then contacted the Amarillo Fire Marshall and was actively instrumental in procuring the arrest and prosecution of the Plaintiff in a criminal action.
41. That the Defendant was notified by Plaintiff of the false statements made by Rebecca V. Hernandez, and relatives that she contacted to give same, and Plaintiff told Mr. Wilson that he could prove that the statements were false, but Defendant refused to listen to Plaintiff or to look into plaintiff's information. That once again, Allstate Insurance Company failed to properly investigate this incident, and Plaintiff's information, for the benefit of the insured. That Allstate Insurance Company and it's representatives owed this duty to the insured based upon a covenant implied by law in every insurance policy.
42. That on December 20, 1994, the criminal action against the Plaintiff terminated in Plaintiff's favor, as evidenced by Order. See attachment #11.
43. That (a) Defendant initiated or was actively instrumental in procuring the arrest and prosecution of the Plaintiff in a criminal action, (b) The criminal action against the Plaintiff terminated in Plaintiff's favor, and (c) The malicious actions of the Defendant caused Plaintiff to suffer injury, loss or damage, constitutes a claim of malicious prosecution.
44. That on or about the week of December 26, 1994, Plaintiff contacted Allstate Insurance Office and asked for Robert Wilson.
45. That Plaintiff was told that Robert Wilson no longer worked in the Amarillo office.
46. That Plaintiff then asked for someone in charge that could handle his claim, at which time Plaintiff was switched to someone in charge. That Plaintiff told Allstate representative that criminal prosecution had terminated in Plaintiff's favor and that he wanted Defendant Allstate to settle the claim on the property at 4005 N.E.17th.
47. That, at that time, Defendant told Plaintiff that they were denying the claim and had no intention to settle with Plaintiff, and that they didn't want to discuss it any further.
48. That this final denial, in December 1994, of Plaintiff's claim constitutes the breach of the implied covenant of good faith and fair dealing and was the cause of this suit by Plaintiff.
49. That Defendant still to this day is in breach of this implied covenant of good faith and fair dealing and is acting with conscious disregard for the rights of the Plaintiff.
50. That Allstate Insurance settled this claim with Amwest Savings without notifying Plaintiff, (insured) of any such action, which also shows they acted with conscious disregard for the rights of the Plaintiff.
51. That Plaintiff was in bed asleep at his residence since around midnight the morning of November 26, 1991. See attachments #14 and #15.
52. That Gloria Thompson was coerced into giving false statement about this incident. See attachments #14 and #15.
53. That estimated cost of repair to residence at 4005 N.E.17th, that was damaged by fire on the morning of November 26, 1991, is estimated at around $43,615.00. See attachment #16.
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