DECEMBER 29, 2020
EDDIE ATCHLEY OFFICE MANAGER STATE FARM INSURANCE 3633 CAMINO DEL RIO S #100 SAN DIEGO, CA 92108 eddie.atchley.toco@statefarm.com RE: Claim Number 55-06c6-44x Policy Number 77-C3-B499-7 DATE OF LOSS: April 26, 2020
REQUEST FOR ASSISTANCE Dear Mr. Eddie Atchley, I am writing this request on behalf of my wife, Rosalina Buensuceso and my daughter, Miriam Brual. May I most humbly and respectfully request for assistance from you to see what you can do to help us with the ordeals we are going through in trying GOOD FAITH negotiating with Mr. Gueniot. His email address is louis.e.gueniot.bomz@statefarm.com and despite of sending ten (10) emails to him asking him whether do we need to elevate this matter to the Department of Insurance and/or seek legal help to defend our right to our legitimate insurance claim and despite multiple persuasive appeals until now, he had not been responsibly responsive and continued to arbitrarily denied our claim without reasonable basis for secondary damages filed since June 2020 and damages due to vandalism which we filed this November 2020. I have shown him evidences which we relied on the fact that the pipe break is not under the foundation and it is on the hot water pipe encased in the slab as follows: 1. Video 6 showing that the pipe break is on the hot water pipe encased in the slab. State Farm denied our claim for secondary damages because according to them the water leak is from under the foundation. This video shows that the leak is not from under the foundation and therefore should be covered.
2. The fact that the pipe break is on the the pipe encased in the slab is collaborated by First American in a message to my daughter, Miriam Brual, on May 6, 2020. CLEARER READING BELOW OF THE SCREENSHOT MESSAGE ABOVE: Wednesday, May 6, 2020 @ 4:11PM Ms. Brual, All Express Plumbing has been authorized to complete the following repairs. Failure: Leaking water underneath dining room hallway. Correction: Access pipe encased in concrete slab and repair pipe. Have they contacted you to schedule an appointment to complete repairs, or has it already been completed? Please reach out to First American if you need any additional assistance. Thank you. 3. The fact of the location of the pipe break is in the concrete slab was reaffirmed by First American on October 24, 2020. CLEARER READING BELOW OF THE SCREENSHOT MESSAGE ABOVE: Saturday, Oct 24, 2020 @ 10:24AM Good Morning, Thank you for reaching out to us in regards to this claim. I apologize for the delay in responding to your message. I have reviewed your claim on your pipe encased in concrete and show that the cash option check was mailed on 6/4/2020 and if the contractor did any damage to your property I would contact them directly to discuss the matter. If you need further assistance, please feel free to reply to this message. Thank you for choosing First American Home Warranty and enjoy the rest of your day. 4. Vandalism by the plumber. The plumber had a verbal contract with us to repair the leaking pipe. He was likewise, instructed by First American to access leaking pipe encased in the slab and repair pipe. But what did is he did not repair the leaking pipe, instead he hid the pipe break from us and created a huge excavation using a big jackhammer in excess of what is required which damaged pipes hot and cold water pipes encased in the slab adjacent to it. 4.1 The plumber should have excavated only this much. PICTURE 1A TAKEN MAY 5, 2020 EXCAVATION SECTION 1 ONLY TAKEN AFTER THE COMMOTION ON THE LEAK SHOWING UP ON THE HOT WATER LINE, THEN THEY STOPPED DIGGING SECTION 1 AND CONTINUED DIGGING AWAY FROM SECTION 1 TO SECTION 2 SHOWING DELIBERATE INTENT NOT TO FIX THE LEAK BUT TO JUST TO MAKE AN EXCAVATION USEFUL TO HIS INTENT TO FALSELY STATE THAT HE HAD EXCAVATED A LOT AND THAT HE WAS NOT ABLE TO SEE ANY LEAK AND THAT THE LEAK SHOULD BE FROM UNDER THE FOUNDATION HE STRESSED, FOR THE BENEFIT OF STATE FARM INSURANCE. 4.2. But the plumber excavated this much, in excess of what is required. He did not repair the pipe break and worse instead he hide the pipe break shown in Video 6 and eventually damaged other pipes encased adjacent to it. PICTURE A 4.3 The extent of the damage done by the plumber. We hired another contractor to reroute the leaking hot water pipe because he feared that simple pipe repair on it might not be advisable anymore. He feared that the diggings made by the previous plumber might have damaged the lines encased in it. And his speculations proved to be true due the presence of dampness today in the concrete where other pipes are encased in it. This damage is roughly estimated near $5000. Please help us.
Thank you very much. Yours faithfully, Antonio L. Buensuceso |
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