ALTHOUGH LOUIS RESPONDS, BUT HE IS RESPONDING INAPPROPRIATELY. NOTHING IN THE EIGHT (8) PARAGRAPHS IN LOUIS RESPONSE EMAIL DOWN NEXT SHOWED DISCUSSION RELATED TO "STATEMENT OF A SERVICE OFFER". HE HAD NOT SHOWN ANY REASON TO CONTRADICT THE ALLEGATION OF MISREPRESENTATION OR CHEATING FOR OFFERING A SERVICE BUT THE OFFEROR HAD NO INTENTION TO FULFILL IT. WORSE, HE INTRODUCED TOPICS OUT OF THE SUBJECT BEING DISCUSSED WHICH ADD TO MORE CONFUSION ON OUR PART. FOR YOUR INFORMATION, I NAMED THIS MISCONDUCT AS INAPPROPRIATE RESPONSE 1.
Dear Mr. Buensuceso,
State Farm considered the information presented in relation to claim 55-06C6-44X, which is recapped in our denial letter dated May 6, 2020 and the denial letter dated June 12, 2020. State Farm has also responded to numerous emails that questioned information obtained, questioned statements provided, questioned photos obtained and words used in our letters and made allegations of misconduct. We have done our best to answer your questions and provide a reasonable explanation for the basis of the denial of the claim based on the policy language.
Our position as communicated in our letters dated May 6, 2020, June 12, 2020, July 13, 2020, July 17, 2020 and July 31, 2020 are unchanged. This claim has been denied as explained in our letters referenced above and the file remains closed. All conditions previously quoted still apply.
State Farm has previously responded to your emails that contained allegations of misconduct by State Farm and Claim Specialist Gordon Liu. All such contentions are denied. We handle each claim on its own merits. State Farm and Claim Specialist Gordon Liu have complied with the implied covenant of good faith and fair dealing in the investigation and handling of this claim.
State Farm has previously responded to your emails that contained allegations of misconduct by John Titouah. State Farm will not respond to your allegations against John Titouah. However, to the extent you allege State Farm is a party to a crime you allege was committed by John Titouah, State Farm denies that contention.
If you believe this claim has been wrongfully denied, you may contact the California Department of Insurance for assistance.
We are required by California Insurance Regulations, Section 2695.7(b)(3), to advise you that if you believe this claim, or any part of this claim, has been wrongfully denied or rejected, you may have the matter reviewed by the California Department of Insurance, Claim Service Bureau, 300 South Spring Street, Los Angeles, California 90013, telephone 800 927 4357.
The one year “Suit Against Us” time period referred to in the May 6, 2020 letter includes the time period from the date of loss (April 26, 2020) to the date the claim was reported to State Farm (April 29, 2020). The one year time period was tolled during our investigation of this claim (April 29, 2020) to the date the claim was initially denied (May 6, 2020). The one year time period was tolled upon receipt of Antonio Buensuceso Jr.’s email dated May 29, 2020 for additional investigation until the date the denial of the claim was confirm in our June 12, 2020 letter. That one year time period continues to run as of the date of our June 12, 2020 letter.
This company does not intend by this letter to waive any policy defenses or defenses under the law and reserves its right to assert such additional policy defenses or defenses under the law at any time.
Sincerely,
Louis
Louis E Gueniot III
Claim Team Manager State Farm General Insurance Company
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