NOVEMBER 6, 2020
LOUIS E. GUENIOT
TEAM MANAGER
GORDON LIU
CLAIM SPECIALIST
STATE FARM HOME INSURANCE
RE: Claim Number 55-06c6-44x
Policy Number 77-C3-B499-7
DATE OF LOSS: April 26, 2020
ONE YEAR SUIT AGAINST US STATEMENT BY TANDEM GUENIOT AND LIU IS A CONTINUING DELIBERATE AND INTENTIONAL BAD FAITH AND MISREPRESENTATION TO MISLEAD US
Dear Mr. GUENIOT:
MAY I MOST RESPECTFULLY REFER YOU TO THE EMAIL FROM MR. EDDIE ATCHLEY, OFFICE MANAGER OF STATE FARM INSURANCE AGENT, MR. DERYK INN SHOWN NEXT, WHERE HE INFORMED MY DAUGHTER, MIRIAM THAT WE SHOULD RECEIVE THE POLICY BOOKLET IN TWO (2) TO THREE (3) WEEKS FROM MAY 4, 2020 AND,
Section 2695.5. Duties upon Receipt of Communications (e) (2)(e) (2) (e) Upon receiving notice of claim, every insurer shall immediately, but in no event more than fifteen (15) calendar days later, do the following unless the notice of claim received is a notice of legal action: (2) provide to the claimant necessary forms, instructions, and reasonable assistance, including but not limited to, specifying the information the claimant must provide for proof of claim;
CONTINUING MISLEADING STATEMENT
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. BY GORDON LIU/LOUISE GUENIOT
1. UNFAIR, UNJUST AND INEQUITABLE AND OBVIOUS MANIFESTATIONS OF BAD FAITHLet this be understood: Based on Section 2695.5. Duties upon Receipt of Communications (e) (2) upon receiving notice of claim every insurer shall immediately, but in no event more than fifteen (15) calendar days later, provide to the claimant necessary forms, instructions and reasonable assistance. On May 4, 2020 we, through my daughter Miriam, requested for a copy of the insurance policy booklet. As per regulation shown above, you must have granted that assistance not later than May 19, 2020. However, on record you just provided that assistance only now, November 5, 2020 almost 5 months late. This fact deprived us of five (5) months chance to read the policy and understand it. It is unfair for us to be slapped by you with a denial letter on June 12, 2020 while you are depriving us of one particular reasonable assistance, providing us a copy of the policy booklet, from you for almost five (5) months. Moreover, the regulation shown above mandates that you specify the information you need as proof of claim immediately and in no event more than fifteen calendar days but until now you have not specified that information to us. THEREFORE, WE ARE HUMBLY WRITING TO YOU THAT WE ARE OBJECTING TO YOUR STATEMENT THAT:
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.
FOR BEING UNFAIR, UNJUST AND INEQUITABLE AND OBVIOUS MANIFESTATION OF BAD FAITH.
2. PROOF OF CONTINUING MISREPRESENTATIONFOR HEAVEN'S SAKE WHY IS THIS IS THIS PAGE 4 AMONG THE FORTY-FIVE PAGES OF THE INSURANCE POLICY BOOKLET IS POSTED HARD TO READ WAYBY MR. GUENIOT AS HE PROVIDED TO US LAST NOVEMBER 4, 2020?
SO I CORRECTED THE POSTING ON AN EASY TO READ WAY. THEN YOU KNOW WHY MR. GUENIOT POSTED THIS PARTICULAR PAGE THE WAY SHOWN ABOVE SO THAT WE WOULD NOT NOTICE THIS "IMPORTANT NOTICE". THIS IS INTENTIONAL AND DELIBERATE.
SECTION 1- CONDITIONS, Suit Against Us- The time period for filing suit is extended to 24 months after inception of the loss.MEANING THE ONE YEAR SUIT AGAINST US SHOWN NEXTThe 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. IS A CONTINUING REPREHENSIBLE MISREPRESENTATION SINCE JUNE 2020 TO NOVEMBER 2020 WHICH IS DELIBERATELY AND INTENTIONALLY INFUSED IN ALMOST ALL RESPONSE LETTERS BY MR. GUENIOT AND LIU TO MISLEAD US.
Please acknowledge receipt of this e-mail and kindly inform me when I should expect a reply to this email AND kindly put back the following reminder to your response which had been missing for quite some time.
PLEASE RESTRICT ISSUES AND ANSWERS WITHIN THE CONTEXT OF THE SUBJECT MATTER TO AVOID INAPPROPRIATENESS.
Please be reminded that your DENIAL LETTER DATED MAY 6, 2020 was prepared, relayed to us, sent and read by us in just a few minutes.
Thank you very much.
Yours faithfully,
Antonio L. Buensuceso
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