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JULY 31, 2020
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
THIRTY-FOUR (34) COUNTS OF BAD FAITH EVIDENCES
May I most respectfully call your attention:
THIRTY-FOUR (34) COUNTS OF BAD FAITH EVIDENCES
COUNT 1 BAD FAITH BY STATE FARM AND GORDON LIU
A. ON DENIAL LETTER DATED MAY 6, 2020
ON PAR.2 May 6, 2020
You wrote,
"As discussed, based on the virtual inspection through my computer on May 5, 2020,the visible damages were viewed, photographed and confirmed. The virtual inspection showed a live stream through the plumber's cell phone and the pipe break was documented."
"virtual inspection through my computer on May 5, 2020,"
How would you be able to do your investigation diligently in just staying in the comfort of your office? You should have come to the site as soon as possible where the event actually happened to have a thorough study of this claim and correspondingly respond to your customers needs. What makes you special than any other human being that because of pandemic COVID-19 you are privileged to stay in your office and delegate your adjusting work to a plumber, your source, as you admitted on PAR.2? You failed miserably on this aspect and I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 2 BAD FAITH BY STATE FARM AND GORDON LIU
2. You wrote,
"the pipe break was documented"
John Titouah did see the pipe break but hide it from us. Hence, he can not make a documentation of an event he intentionally hide from us. It is us who saw the pipe break and had the pipe break documented. State Farm and Gordon Liu's reliance on Titouah's fraudulent statement the leak is under the foundation despite convincing evidences of the actual videos, VIDEO 1, VIDEO 2 and VIDEO 6 of the pipe break on the hot water line encased in some 6 inches within the slab and likewise collaborated by First American that the break is encased in the slab and Titouah is simply authorized to access that pipe and repair pipe.
FIRST AMERICAN AUTHORIZATION NOTICE
This is deliberate and intentional IGNORING, MISUNDERSTANDING, MISINTERPRETATION AND DISTORTION of facts which is in violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 3 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.2 May 6, 2020
You wrote,
"As discussed, based on the virtual inspection through my computer on May 5, 2020, the visible damages were viewed, photographed and confirmed. The virtual inspection showed a live stream through the plumber's cell phone and the pipe break was documented."
You wrote,
"the virtual inspection through my computer on May 5, 2020"
COMMENTS:
This means that you did the virtual inspection through your computer on May 5, 2020, consequently this virtual inspection had been played many times, and recorded and saved in your computer for future reference and basis for your statements and declarations regarding my claim. Now, may I request from you to furnish me a complete copy of the virtual inspection you did, and attached it to the email you will be sending me, so that,
a. First, I may have a chance to fully understand the issues on the side of your perspective;
b. Second, so that I may arrive in an impartial, unbiased and objective perception of this event on your side.
Your reliance on the virtual inspection through your computer on May 5, 2020 and asserting it many times in our correspondence without giving and showing me a copy of it despite of 5 times persistent request for it is tantamount to making statements of facts not backed up by convincing evidence but by suppressed hidden, non existing, fictional evidence. This I believe is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 4 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.3 May 6, 2020
You wrote,
"All Express Plumbing identified through leak detection the location of the break by picking up "heat signature" of the broken pipe and confirmed the break to be on the hot copper pipe under the Hallway concrete slab more than twelve inches down. The plumber indicated after digging down approximately ten inches that he would not dig any further as the home warranty firm does not cover any further digging and recommended to abandon this old run of water lines under the slab and to re-route the line above the slab."
"confirmed the break to be on the hot copper pipe under the Hallway concrete slab more than twelve inches down"
John Titouah said the break under the Hallway concrete slab was more than twelve inches down without actually reaching that depth but he missed out the break at the depth of six inches which he had actually reached. How would you believe that statement by John that the break is down below 12 inches where the break which is just 6 inches deep he had failed to see? State Farm and Gordon Liu failed on their duty to investigate diligently causing them to believe on the pipe break in some 12 inches below the foundation which existed only in their imagination but the actual leak in just 6 inches within the slab they refused to see. This is outright refusal to implement reasonable standards to investigate and therefore a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 5 BAD FAITH BY STATE FARM AND GORDON LIU
2.You wrote,
"John recommended to abandon this old run of water lines under the slab and to re-route the line above the slab."
STATE FARM and you believe imaginary assertion by John Titouah but First American and I did not. It had been shown by clear and convincing evidences that the break is in the pipe encased within the slab and not a break under the foundation. This is a manifestation of not attempting to make a prompt, fair and equitable settlement of claims when liability is reasonably clear and hence, a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 6 BAD FAITH BY STATE FARM AND GORDON LIU
COMMENTS:
ON PAR.4 May 6, 2020
"Through the live video stream, the area exposed and dug out clearly shows the break below the sill plate of the wall framing, no breaks in the riser portion of the water lines and more than twelve inches below the floor level in a location which the pipe can only be "located" below the concrete foundation within the native soil."
"no breaks in the riser portion of the water lines "
How would you be able to believe him that of a break located more than 12 inches below the concrete foundation within the native soil but the break in the riser portion just 6 inches deep, VIDEO 1, VIDEO 2, and VIDEO 6 he had failed to see?
This manifestation clearly shows that you failed to thoroughly study the claim presented before you. I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 7 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.5 May 6, 2020
You wrote,
"Due to the fact that all potential causes of the break to the pipe would be excluded, never a large volume of water into the interior of the home, and the access and confirmation of the location of the break by the plumber, the predominant cause of the water damages would be wear, tear, deterioration, corrosion, or latent defect of the copper water pipe under the slab."
COMMENTS:
You wrote,
"the predominant cause of the water damages would be wear, tear, deterioration, corrosion, or latent defect of the copper water pipe under the slab."
Your statement as a conclusion of a fact not supported by pertinent investigation. Are you able to see, examine the pipe if in fact there is wear, tear, deterioration, corrosion, or latent defect of the copper water pipe under the slab? You did not even bother to see our house and just let John Totouah do the adjusting work for you. You did not make a comprehensive, thorough investigation of this event and make your decision on just one side of the story favorable to you and you did not verify if those information fed to you are actually true and not made out lies webbed by your informant. This, I believe, is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 8 BAD FAITH BY STATE FARM AND GORDON LIU
"The plumber has confirmed verbally three times to me that the location of the pipe is located under the foundation."
COMMENT:
You wrote,
" confirmed verbally three times to me"
He may confirm to you a lie a million times but that does not change the fact that the break as we discovered it, is on the pipe encased in the slab not on the line located under the foundation.
This manifestation clearly shows that you failed to thoroughly study the claim presented before you. I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 9 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.7 May 6, 2020
You wrote,
"Unfortunately, this type of water is defined as "water below the surface of the ground" and the manner of the discharge was a continuous and repeated leak over a period of time. Both of these causes are specifically excluded under your policy."
COMMENTS:
You wrote,
"water below the surface of the ground"
Assuming without agreeing that there is water below the surface of the ground but that can not invalidate the fact there is a pipe break we discovered above the surface of the ground, on the riser of the hot water line in particular, which caused the sudden outburst of water in the hallway. Hence, it is a pipe break not below the surface of the ground and therefore, should be covered by the policy. State Farm and Gordon Liu while relying on an imaginary incident but refusing to accept factual events directly related to the incident is a showing of failure to provide a reasonable explanation of the basis the denial of a claim or offer of a compromised settlement. This is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 10 BAD FAITH BY STATE FARM AND GORDON LIU
B. ON DENIAL LETTER DATED JUNE 12, 2020
ON PAR.2 June 12, 2020
You wrote,
"As outlined in our May 6, 2020 declination letter, the predominant cause of the water damages was wear, tear, and deterioration to the forty one year old "hot" side copper water line located under the concrete foundation which resulted in a continuous and repeated seepage of water below the foundation, eventually migrated upwards and manifested itself on the date of the discovery to the interior of the home. My virtual inspection on May 5, 2020, the photographs of the excavating of the pipe, multiple discussions with All Express Plumbing, his written report and a detailed follow up conversation with the plumber, John Titouah on June 5, 2020 confirmed all the original facts of the loss."
"the predominant cause of the water damages was wear, tear, and deterioration to the forty one year old "hot" side copper water line located under the concrete foundation "
This is a conclusion based only on conjectures not supported by scientific study, research, experiments and observations. You should have first presented a study about the subject then based on that information which you have gathered and presented it is only then that you could make conclusions of fact related to it. But, you have to take a sample of the pipe, the adjacent materials adhered to it, etc. and ask an expert in that kind of endeavor to analyze it and draw conclusions for you. In fact, if you just did simple research, GOOGLE has a quick answer for you.
This manifestation clearly shows that you failed to thoroughly study the claim presented before you. I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 11 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.2 June 12, 2020
"As outlined in our May 6, 2020 declination letter, the predominant cause of the water damages was wear, tear, and deterioration to the forty one year old "hot" side copper water line located under the concrete foundation which resulted in a continuous and repeated seepage of water below the foundation, eventually migrated upwards and manifested itself on the date of the discovery to the interior of the home. My virtual inspection on May 5, 2020, the photographs of the excavating of the pipe, multiple discussions with All Express Plumbing, his written report and a detailed follow up conversation with the plumber, John Titouah on June 5, 2020 confirmed all the original facts of the loss. "
You wrote,
1. "the photographs of the excavating of the pipe"
This means that you have photographs of the excavating of the pipe.
This means that you have copies of his written report
Now, may I request from you to furnish me complete copies of the photographs of the excavating of the pipe, and his written report, then attached them to the email you will be sending to me, so that, again,
a. First, I may have a chance to fully understand the issues on the side of your perspective;
b. Second, so that I may arrive in an impartial, unbiased and objective perception of this event on your side.
These are manifestations of deliberate suppression of evidence and refusal to cooperate with the investigation on the complaint against John Titouah to ferret out the truth for faster resolution of claims are deemed violations of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 12 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.3 June 12, 2020
"The original leak detection was performed and the approximate location of the broken pipe was pin-pointed with a heat signature which plumbers utilize to locate slab leaks. The accuracy when it is a hot water pipe is within one foot on the either side of the break. The virtual inspection and photographs clearly show that the plumber had already dug down eight to nine inches from the floor level, your concrete foundation was very thick and difficult to excavate, and at that point, the most prudent method of repair would be to cap and abandon the leaky run of pipes and re-route it above the concrete slab foundation. The location of the break on the hot side is definitive at this point as there are no vertical risers or manifolds in the middle of the floor and the plumber has substantiated beyond a doubt the location of the broken pipe and the fact is it was below the concrete foundation."
"eight to nine inches"The excavation depth now tapered down to eight to nine inches compared to ten (10) inches on PAR.3 of May 6, 2020 DENIAL LETTER. inconsistent and equally false statements.
FAR FROM ACTUAL DEPTH MEASUREMENT OF 4 TO 6 INCHES ONLY.
This manifestation clearly shows that you failed to thoroughly study the claim presented before you. I believe this is a violation of the covenant of good faith and fair dealing between us.
"there are no vertical risers or manifolds in the middle of the floor"
True, there are no vertical risers or manifolds in the middle of the floor. How will you find vertical risers or manifolds in the middle of the floor? Why would the architect place the vertical risers and manifolds in the middle of the floor? This is the problem of doing adjusting work in your office table only.
This manifestation clearly shows that you failed to thoroughly study the claim presented before you. I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 13 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.4 June 12, 2020
"As far as State Farm's relationship with All Express Plumbing and John Titouah, all insurance carriers after a water loss has been immediately contacts and discusses causation and location of pipe breaks. It does not matter which plumber is called, who they worked for, and what they charge, the only way to confirm the Predominant cause of water losses is to contact and discuss the facts of the discharge directly with the plumber who discovered, located, and repaired the leak. In regards to the costs of a re-route, that would be up to the discretion of the Insured.
"what they charge " meaning, in other words, plumber John charges fees and you paid him in return for his rigged live video presentation and fraudulent statements. How much did he charge you and the amount you paid him?
"to contact and discuss the facts of the discharge directly with the plumber who discovered, located, and repaired the leak. "
Why talk to John Titouah extensively and rely heavily on his statements?
John Titouah, Yes he is a plumber. But he is not the one who discovered the leak. It is us. He is not the one who located the leak, It is us; and he is not the one who repaired the leak. Hence, John Titouah is not the right person to talk to but us. So talk to us not John. AGAIN, JOHN DID NOT DISCOVER, LOCATE AND REPAIR the leak. Therefore, he can not be called to testify on matters he did not witness or see.
This a manifestation of a biased, partial and improper investigation of the case presented to you. I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 14 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.5 June 12, 2020
"Slab pipes after a certain age will begin to degrade and eventually start leaking slowly under the foundation. Some people will access the pipe below their foundations, jackhammer the concrete, cut out the section of broken piping, spot repair it, solder a new piece of copper back, and backfill the concrete.This method chosen by a lot of people would not remedy the problem long term as once the a certain section of copper below the foundation breaks it is more likely another section in the same run will also go bad. The alternative for a long term fix is to re-route the lines out of the slab and into the walls."
You wrote,
"The alternative for a long term fix is to re-route the lines out of the slab and into the walls."
If you happened to be a First American Home Warranty claim specialist you are on the right track. You have a lot of good points to consider and those points are laudable. But you need to realize that you are a State Farm Home Insurance not First American claim specialist and being one you must concentrate on issues basically on the matter pertinent to my claim presented to you. You are in fact meddling issues and your actions as we see them are intentionally committed, confusing us to delay the proceedings. It is worthwhile to note that there is a pending issue of our complaint against John Titouah which we think you need to resolve as soon as possible but here you are consuming your precious time and ours too, delving into matters beyond your jurisdiction. This shows State Farm and Gordon Liu instituting discussion of irrelevant issues causing unreasonable delay in the claim process, an outright violation of the covenant of good faith and fair dealing AND,
DEFINITELY, THIS IS BAD FAITH.
COUNT 15 BAD FAITH BY STATE FARM AND GORDON LIU
NUMBER 1, YOUR FAILURE TO SHOW ME POSITIVE ACTIONS TO HELP ME TO SECURE JUSTICE AGAINST JOHN TITOUAH'S FRAUDULENT ACTIONS TO BOTH OF US OR TO US, IS A BLATANT MANIFESTATION OF THE VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
AND NUMBER 2, IT MAY ALSO BE INFERRED AS YOU MIGHT BE A PARTY TO HIS CRIME FOR YOUR DELIBERATE HESITATION TO PROSECUTE HIM FOR NOT SHOWING US ACTIONS GEARED TOWARD PROPER INQUIRY OR INVESTIGATION AND IF WARRANTED, HIS CONVICTION.
WORSE, YOUR ACTS AND OMISSIONS TENDS TO SHOW EFFORTS TO EXONERATE HIM.
AND NUMBER 3. AS AN INSURANCE COMPANY YOU HAVE THE DUTY TO STOP INSURANCE FRAUD AND JOHN TITOUAH'S FRAUDULENT ACTS VICTIMIZED BOTH OF US. IN MY PART I HAVE REPORTED HIS CRIME TO CONCERNED POLICE AGENCY AND FILED THE NECESSARY COMPLAINT FOR THEM TO START POLICE INVESTIGATION BUT IN YOUR PART YOU HAVE FAILED TO SHOW ME CONCRETE EFFORT TO INVESTIGATE JOHN TITOUAH OR VERIFIED AT LEAST THE EXCESSIVE EXCAVATION COMPARED TO WHAT IS REQUIRED BASIS FOR MY COMPLAINT OF VANDALISM OR REPORT HIS CRIME TO THE POLICE FOR IMMEDIATE INVESTIGATION FOR HIS FRAUDULENT STATEMENTS AND RIGGED VIDEO PRESENTATION.
AND NUMBER 4. AS AN INSURANCE COMPANY YOU MUST BE AN ADVOCATE FOR YOUR POLICY HOLDERS RIGHTS AND PROTECTION AND WHEN YOU RENEGADE ON THAT SOLEMN DUTY IT SHALL BE REGARDED AS A VIOLATION OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING. PRECISELY, YOU FAILED MISERABLY ON THIS ASPECT.
I believe these are violations of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 16 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.6 June 12, 2020
You wrote,
"As far as the statements made in paragraphs #12 and #18 of your Email, I have no facts indicating those actions were taken. If you wish to pursue a criminal action against the plumber or First American Home Warranty, that would be your decision.The facts of the location of the pipe and the manner of the water discharge in relation to your Condominion Unitowners Policy, FP-5956CA are clear and unfortunately would not be covered."
You wrote,
"If you wish to pursue a criminal action against the plumber or First American Home Warranty, that would be your decision. "
Misplaced assertion. It should be you, State Farm and me against John Titouah. BECAUSE WE ARE THE VICTIMS OF HIS FRAUDULENT ACTS. State Farm and you did adverse actions against us due to his rigged fraudulent live video presentation, pictures and statements which you relied on to deny our insurance claim. However, though John Titouah might have shown the same live video footage, pictures and statements to First American Home Warranty, but they did not show manifestations that they were persuaded by him unlike you. In fact, First American sent us a message that John Titouah's scope of work to be done is to access the pipe in the concrete slab and repair pipe.
I believe this is a violation of the covenant of good faith and fair dealing between us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 17 BAD FAITH BY STATE FARM AND GORDON LIU
ON PAR.1 July 13, 2020 DENIAL LETTER
You wrote,
"This letter is to acknowledge and respond to your E-mails to State Farm on July 2, 2020, the second E-mail of July 2, 2020, your July 4, 2020 E-mail, the two E-mails of July 10, 2020, and your July 13, 2020 E-mail."
COMMENTS:
You wrote,
"acknowledge and respond to your E-mails to State Farm on July 2, 2020, the second E-mail of July 2, 2020, your July 4, 2020 E-mail, the two E-mails of July 10, 2020, and your July 13, 2020 E-mail."
This shows State Farm and Gordon Liu intended to sow confusion on the issues presented. Each email is unique as each of them had its own subject matter that had to be addressed, in particular. Now, I am confused which one of those paragraphs is an answer to what particular email. I have been distinctly presented each one of them in comprehensive details but there State Farm and you muddled issues altogether, and worse, a manifestation of discussion of issues entirely of matters which First American had rightful jurisdiction is outright wasteful of precious time which should be allocated to issues pertinent to State Farm.
May I respectfully request that your THIRD DENIAL LETTER be reorganized and re written so that we both may have a chance to determine which issues are settled and which ones need further discussion.
It is therefore worthwhile to raise these issues as manifestation of efforts to confuse us and thus became a valid observation fitted for a violation of the implied duty of good faith and fair dealing.
DEFINITELY, THIS IS BAD FAITH.
COUNT 18 BAD FAITH BY STATE FARM AND GORDON LIU
PAR. 2 July 13, 2020 DENIAL LETTER
"As discussed, based on my physical field inspection of the damages on July 29, 2020 I viewed the already excavated Hallway concrete foundation, the exposed Hallway wall, and the newly re-routed copper water lines feeding the Hallway Bathroom to the water heater located in the exterior Closet."
YOU INTENTIONALLY AND DELIBERATELY REFUSED TO TAKE ACTUAL MEASUREMENTS OF THE EXCAVATION CREATED BY TITOUAH IN EXCESS OF WHAT IS REQUIRED, AN ACT OF VANDALISM ON OUR PROPERTY WHICH YOU ARE PURPOSELY INVITED TO COME, INVESTIGATE AND TAKE MEASUREMENTS OF THE DEPTH AND EXTENT OF THE EXCAVATION WHICH IS HIGHLY CONTENTIOUS ISSUE BETWEEN US THAT SHOULD BE SETTLED IN THAT INSPECTION VISIT BUT YOU DID NOT AND DID NOT EVEN BRING WITH YOU ANY PIECE OF MEASURING TOOL. YOU HAVE NOT SHOWN ANY EFFORT TO SEE AND VERIFY FACTS ABOUT TITOUAH'S WRONGDOING, LIKE FOR EXAMPLE, DIGGING A HUGE EXCAVATION INSTEAD OF A SMALLER HOLE TO ACCESS PIPE AND WORSE YOUR ACTIONS TENDS TO SHOW THAT YOU CAME AS A "DEFENSE LAWYER" FOR TITOUAH AS YOU FROM THE BEGINNING UP TO THIS TIME IS STILL ADAPTING ALL OF HIS FRAUDULENT VIDEO PRESENTATIONS AND FALSE STATEMENTS DESPITE OF PREPONDERANCE OF FACTUAL EVIDENCE PROVING HIS GUILT AND UNLAWFUL ACT AND OMISSIONS. THESE ACTIONS MERIT A CONCLUSION THAT YOU ARE INVESTIGATING UNFAIRLY, UNJUSTLY, DISHONESTLY AGAINST US AND WE HAVE REASONS TO BELIEVE THAT, STATE FARM AND YOU, ARE PARTY TO HIS CRIME AND THEREFORE , OBVIOUSLY, THIS IS A VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
DEFINITELY, THIS IS BAD FAITH.
COUNT 19 BAD FAITH BY STATE FARM AND GORDON LIU
PAR. 3 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"During my inspection, you confirmed that you hired another plumber to abandon the existing “hot side” copper line originally detected and confirmed by All Express Plumbing to be more than eight inches below the concrete slab under the Hallway floor, they capped and re-routed this line, and that there were no further leaks after the re-route of the pipes."
YOU SAID AND I SAID STRATEGY, FIRST COUNT 1/6 counts. NO SOLID EVIDENCE TO BACK THEM UP THAT THEY ARE EXACTLY AND ACTUALLY SAID. THIS IS A DELIBERATE AND INTENTIONAL EFFORT BY GORDON LIU TO MESS DISCUSSIONS OUT TO PROLONG AND DELAY THE PROCEEDINGS.
DEFINITELY, THIS IS BAD FAITH.
COUNT 20 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 4 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"You stated to me and showed me one of seven videos you took throughout this process that during their excavation of the pipe originally, they asked you to go to the Kitchen sink, turn on the faucets, and to re-close them after thirty seconds or so. You stated that this action requested by the plumber was to intentionally relieve water pressure within the leaky pipe so it would not show the ‘true’ proximtiy of the leak as they were excavating the pipe."
YOU SAID AND I SAID STRATEGY, SECOND COUNT 2/6 counts. NO SOLID EVIDENCE TO BACK THEM UP THAT THEY ARE EXACTLY AND ACTUALLY SAID. THIS IS DELIBERATE AND INTENTIONAL EFFORT BY GORDON LIU TO MESS DISCUSSIONS OUT TO PROLONG AND DELAY THE PROCEEDINGS.
DEFINITELY, THIS IS BAD FAITH.
COUNT 21 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 5 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"You also mentioned and showed me another video about five minutes after the Kitchen faucet request that you had asked All Express if the water pressure valve to the house was turned “fully” on. He responsed by stating yes, you and Mr. Titouah went to the exterior water heater closet, checked the valve, it was not completely turned on, he turned the valve all the way on, you went back into the house, and no water was seen to be coming out of any part of the already excavated pipes. It was at this point that the plumber indicated they have dug down approximately eight inches, your concrete slab was very thick and that the most prudent thing at that point was to cap and re-route the leaky pipe which was originally located by it’s heat signature to be about one or two feet away from the sill plate of the Hallway wall, more than eight inches down, and would be more costly and an almost certain chance another section of this run of water lines would break in the future and accessing and repairing the line later would
carry additional costs and damages."
YOU SAID AND I SAID STRATEGY, THIRD COUNT 3/6 counts. NO SOLID EVIDENCE TO BACK THEM UP THAT THEY ARE EXACTLY AND ACTUALLY SAID. THIS IS INTENTIONAL EFFORT TO MESS DISCUSSIONS OUT TO PROLONG AND DELAY THE PROCEEDINGS BEING MANIPULATED BY GORDON LIU AND STATE FARM AND THIS IS A VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
DEFINITELY, THIS IS BAD FAITH.
COUNT 22 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 6 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"At this time, you showed me a third video showing the already replaced vertical “riser” portion of the leaky run, a tape measure you held showing the discharging water within the video as being six and a half inches below the top of the concrete foundation, and a ‘stream’ of water coming out of it. The date stamp of this video showing the stream of water discharing from the vertical riser was May 20, 2020. I asked and you confirmed that since the excavation date of May 5, 2020 to the May 20, 2020 date, the water to the home was kept energized, you would perform
normal household functions as baths, cooking, washing within the faucets, and would turn the water off to the house after usage. I also asked if the excavated hole would fill up with water and you stated yes but did not know exactly how long during the water being turned onto the house it would take for the area to fill up."
YOU SAID AND I SAID STRATEGY, FOURTH COUNT 4/6 counts. NO SOLID EVIDENCE TO BACK THEM UP THAT THEY ARE EXACTLY AND ACTUALLY SAID. THIS IS INTENTIONAL EFFORT TO MESS DISCUSSIONS OUT TO PROLONG AND DELAY THE PROCEEDINGS BEING MANIPULATED BY GORDON LIU AND STATE FARM AND THIS IS A VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
DEFINITELY, THIS IS BAD FAITH.
COUNT 23 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 7 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"At this time, no part of our original May 5, 2020 virtual inspection and photographs show any discharging of water from the vertical riser your May 20, 2020 video shows, this part of the pipe appears to have been re-routed and the section not saved, the water to the house through your inquirty to the plumber during the excavation confirmed the shut off valve was on the fully turned on position, and none of the statements by the plumber during the original excavation indicates
that the riser was leaking in any fashion on the date of excavation."
YOU SAID AND I SAID STRATEGY, FIFTH COUNT 5/6 counts. NO SOLID EVIDENCE TO BACK THEM UP THAT THEY ARE EXACTLY AND ACTUALLY SAID. THIS IS INTENTIONAL EFFORT TO MESS DISCUSSIONS OUT TO PROLONG AND DELAY THE PROCEEDINGS BEING MANIPULATED BY GORDON LIU AND STATE FARM AND THIS IS A VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
DEFINITELY, THIS IS BAD FAITH.
COUNT 24 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 8 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"It is likely that with continued usage of the house’s plumbing items after May 5, 2020 to the date of the May 20, 2020 video showing the riser leaking prior to being re-routed was a result of the internal pressure of the copper line, expanding the already worn out copper line, and causing that part of the pipe to be leaking fifteen days after the excavation date. At this time, there is no evidence that would substantiate the vertical riser six inches below the concrete slab was the
origin of the original leak which was discovered on April 26, 2020. As a matter of fact, the confirmation by you and the plumber that the shut off valve was fully turned on during the excavation and no water ever filling the excavated area would indicate the proximity of the leaky pipe was indeed “below” the concrete slab."
YOU SAID AND I SAID STRATEGY, SIXTH COUNT 6/6 counts. NO SOLID EVIDENCE TO BACK THEM UP THAT THEY ARE EXACTLY AND ACTUALLY SAID. THIS IS INTENTIONAL EFFORT TO MESS DISCUSSIONS OUT TO PROLONG AND DELAY THE PROCEEDINGS BEING MANIPULATED BY GORDON LIU AND STATE FARM AND THIS IS A VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
DEFINITELY, THIS IS BAD FAITH.
INTRODUCING "YOU SAID AND I SAID" STRATEGY IN THE NEGOTIATION TENDS TO MUDDLE ISSUES OUT THAT WOULD LEAD TO MORE CONFUSION AND DISAGREEMENT AS IT WOULD REQUIRE FOR WITNESSES OF BOTH SIDES WHO ARE ACTUALLY PRESENT IN THE CONVERSATION TO TESTIFY IF THOSE EXCHANGE OF VIEWS NARRATED ARE ACCURATE AND ACTUALLY TRUE, IN OTHER WORDS, THE NEGOTIATION BECOMES BURDENSOME , CHAOTIC AND LONG FAVORABLE FOR GORDON LIU/STATE FARM TO FARTHER DELAY THE PROCEEDINGS. GORDON LIU AND STATE FARM ARE EXPERTS IN THIS KIND OF ENDEAVOR, TO WIT: SIX (6) COUNTS IN A SHORT DENIAL LETTER DATED 13 JULY 2020 OF THREE (3) PAGES. THESE ARE FACTS THAT LEAD ME TO BELIEVE THAT THE INTRODUCTION OF THE "YOU SAID AND I SAID" STRATEGY IS INTENTIONAL AND DELIBERATE ON PART OF GORDON LIU AND STATE FARM.
THIS IS BAD FAITH, ABSOLUTELY.
COUNT 25 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 9 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"Also, the manner of the discharge was a continuous and repeated leak over time with the water first saturating the soil below the concrete slab, slowly migrating up, and eventually manifesting itself with the facts of the date of discovery of the concrete slab in the Hallway feeling warm and an absence of extensive water damages within the interior of the home."
THE PROPENSITY OF GORDON LIU AND STATE FARM BY NARRATING STATEMENTS AND ASSERTIONS NOT BACKED UP BY CONCRETE EVIDENCE BUT BY PLAIN CONJECTURES WHILE IGNORING THE FACT THAT THE BREAK WE ACTUALLY DISCOVERED AND SEEN AND DOCUMENTED AND PRESENTED FOR GORDON LIU AND STATE FARM SCRUTINY IS ON THE HOT WATER PIPE RISER ENCASED IN THE SLAB AS SHOWN VIVIDLY IN VIDEO 6 AND NOT A PIPE BREAK UNDER THE FOUNDATION ARE MANIFESTATIONS OF BAD FAITH AND SHOULD BE DEALT WITH SEVERE PUNITIVE PENALTY.
DEFINITELY, THIS IS BAD FAITH.
COUNT 26 BAD FAITH BY STATE FARM AND GORDON LIU
PAR 10 July 13, 2020 DENIAL LETTER
COMMENTS:
You wrote,
"Unfortunately, based on the additional facts obtained from the June 29, 2020 field inspection, the coverage evaluation remains the same and the resulting water damages would be excluded due to water below the surface of the ground along with a continuous and repeated seepage of water from the leaky hot side water line below the concrete foundation. Please refer to the declination letter dated May 6, 2020 which outlines all the reasons of the denial. The one year suit conditoin cited in the May 6, 2020 correspondence continues to run again as of the date of
this letter."
VAGUE STATEMENTS AND ASSERTIONS BASED ONLY ON CONJECTURES. GORDON LIU HAD NOT PRESENTED ANY PROOF OF WATER BELOW THE SURFACE OF THE GROUND ALONG WITH A CONTINUOUS AND REPEATED SEEPAGE OF WATER FROM THE LEAKY HOT SIDE WATER LINE BELOW THE CONCRETE FOUNDATION CAN NOT INVALIDATE THE TRUTH THAT THE PIPE BREAK AS SHOWN IN VIDEOs VIDEO 1, VIDEO 2, VIDEO 5, VIDEO 6, IS ON THE PIPE ENCASED IN THE SLAB AND THEREFORE NOT A PIPE BREAK BELOW THE FOUNDATION AND THEREFORE DEFINITELY COVERED. THE CONTINUED DENIAL OF GORDON LIU OF THIS TRUTH AND FACT AND PERSISTENT EFFORT BY GORDON LIU TO DRIVE AWAY LIABILITY FROM STATE FARM DESPITE PREPONDERANCE OF EVIDENCE OF TITOUAH'S GUILT LEADING TO AN ACCEPTANCE OF OUR VALID CLAIM ARE ACTS VIOLATIVE OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US.
DEFINITELY, THIS IS BAD FAITH.
COUNT 27 BAD FAITH BY STATE FARM AND GORDON LIU
IGNORING CLAIM BY QUICK DRY FOR THE SERVICES RENDERED WHICH GORDON LIU AND STATE FARM REFUSED TO HONOR OR NEGOTIATE DESPITE SEEING VIDEO 1, VIDEO 2, VIDEO 5, VIDEO 6,WHICH FORCES US TO SETTLE WITH QUICK DRY AT OUR OWN EXPENSE, WHILE SUFFERING DELIBERATE NEGLECT BY GORDON LIU AND STATE FARM IN COMPLETE DISREGARD OF July 10, 2020 and July 13, 2020 emails with SUBJECT:QUICK DRY NEEDS THAT THESE SERVICES BE PAID. This is a TORTIOUS ORDEAL, efforts in raising fund for a cause which is expectedly an obligation by STATE FARM to us, a violation of the covenant of good faith and fair dealing with us.
DEFINITELY, THIS IS BAD FAITH.
COUNT 28 BAD FAITH BY STATE FARM AND GORDON LIU
FROM : ACKNOWLEDGMENT OF EMAIL RECEIPT WITH
CORRESPONDING MESSAGE WHEN TO EXPECT A REPLY TO IT-
DISCUSSION IN RELATION TO BAD FAITH dated 30july20
Dear Mr. Liu:
YOU WROTE,
"Enclosed is a copy of our response letter dated July 17, 2020 which is in response to your July 14, 2020 E-Mail to us."
THIS MEANS,
You already had the copy of this letter dated July 17, 2020 in your possession since July 17, 2020, and therefore in order not to delay the negotiations by 12 long days, you should have attached your letter dated July 17, 2020 to an email which you have sent me that date. You deliberately and intentionally wasted 12 days.This is bad faith.
COUNT 29 BAD FAITH BY STATE FARM AND GORDON LIU
Pardon me please, but as I see it, again, you are intentionally and deliberately imposing delay in the proceedings.
As I read your letter dated July 17, 2020 it is just one-page document being on the second page are your signature and personal circumstances only.
Having that said, you, a claim specialist for 26 long years of experience writing a one-page letter in a matter of 4 long days from July 14, 15, 16 and 17, if not imposing questionable delay in the proceedings is tantamount to INTENTIONAL deliberate negligence on your part. It is worthwhile to remind you in your 5-PAGE denial letter dated May 6, 2020 you are so QUICK that you consume just a few minutes to send it to us. But this time you did not. I am perplexed. This is not fair. This is absolutely bad faith.
COUNT 30 BAD FAITH BY STATE FARM AND GORDON LIU
YOU WROTE,
PAR. 2
"As discussed, State Farm has considered all of the facts related to your claim as presented and no new information has been received in relation to your claim. Therefore, our position regarding the coverage of the claim as communicated in our original corresondence of May 6, 2020 and July 13, 2020 remain unchanged."
THIS MEANS,
Despite the fact that you saw multiple videos and pictures evidences of John Titouah's fraudulent acts and the break on the hot water line riser which he deliberately and intentionally and deceptively hide from us, VIDEO 6, in particular, showing the pipe break on the hot water line and the collaborative information from First American that Titouah is only authorized to access the pipe encased in the slab and repair pipe and not pipe leaking under the foundation among several other evidences proving fraud of your source Titouah, YOU ARE STILL COMMENTING THAT YOU HAVE NOT RECEIVED NEW INFORMATION and there you are still adapting TITOUAH'S fraudulent statements hook sinker and line three times and further affirmed it. This is deliberate and intentional distortion facts supported by clear and convincing evidences showing dishonesty and partiality in the conduct of the investigation and therefore, a violation of the covenant of good faith and fair dealing between us. THIS IS ABSOLUTELY BAD FAITH.
COUNT 31 BAD FAITH BY STATE FARM AND GORDON LIU
YOU WROTE,
PAR. 3
"In response to your request for our correspondences to be re-organized and re-written, we respectully respond that we will not. Please refer to the May 6, 2020 correspondence and specifically the one year suit against the company paragraph. The one year cited begins to run again as of the date of this letter."
THIS MEANS,
There is no intention on your part to clarify issues out so that our discussion may proceed to an organized manner to avoid confusion. But as you wrote in unequivocal terms that you will not re-organize and rewrite the third denial letter dated July 13, 2020, and affirmed it as it is, and manipulating the "I said, you said, confusion technique strategy" lead me to believe that you deliberately and intentionally sowing confusion and vague, half truth, half lies and deceitful information into it to avoid clarity purposely to delay the negotiations to our disadvantage. Like for example this time, YOU WROTE, "Please refer to the May 6, 2020 correspondence and specifically the one year suit against the company paragraph. The one year cited begins to run again as of the date of this letter." Which date are you referring to, is it May 6, 2020 or July 13, 2020?
There is no doubt your effort to deceive and confuse us is intentional and deliberate. THIS IS ABSOLUTELY BAD FAITH.
COUNT 32 BAD FAITH BY STATE FARM AND GORDON LIU
YOU WROTE,
PAR. 3
"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."
THIS MEANS,
You are giving me information which you have relayed to me several times. This is deliberate waste of time and effort. Time and effort which should have allocated to answering questions pertinent to my claim which you are deliberately and negligently ignoring to answer. Like for example, among others, I am asking you to send me virtual presentation and statements by Titouah several times which you rely on as basis for the denial letter May 6, 2020 in particular but you ignore to send me one. Worse, you did not even tell me reasons why you are refusing to send it to me. This is intentional and deliberate imposition of delay in the negotiation and unwillingness to cooperate and suppression of release of valuable factual information leading to the failure to have a smooth and fair resolution of our claim. THIS IS ABSOLUTELY BAD FAITH.
COUNT 33 BAD FAITH BY STATE FARM AND GORDON LIU
TAKEN FROM EMAIL LETTER OF INVITATION TO TAKE MEASUREMENTS dated June 25, 2020
Dear Mr. Gordon Liu:
1. Please come not as a plumber but a seasoned claim analyst and just take measurements of the excavated concrete we have preserved for your appreciation. This is how John Titouah vandalized our house and how he abused the trust and confidence we both had on him. Please just show these pictures to him, he need not come with you. With these images I believe he knows why I might suffer a stroke if by chance I see him again or STATE FARM and you may wish to see him behind bars.
2. The next picture PICTURE F1 is the scope of work FIRST AMERICAN authorized John Titouah : Access pipe enclosed in concrete slab and repair pipe. Not to access the pipe under the foundation.
PICTURE F1
ENLARGED WEDNESDAY, MAY 6, 2020 MESSAGE FROM FIRST AMERICAN HOME WARRANTY SAYING THE CORRECTION TO THE PROBLEM IS TO ACCESS PIPE ENCASED IN CONCRETE SLAB AND REPAIR PIPE AND NOT TO EXCAVATE LEAKING PIPE UNDER THE FOUNDATION. THOUGH I HAVE NOT SEEN JOHN TITOUAH, THE PLUMBER, REPORT ON WHERE THE LEAK IS, BY VIRTUE OF THIS MESSAGE, IT CAN BE INFERRED WITH 100%ACCURACY THAT THE LEAK IS NOT UNDER THE FOUNDATION BUT IN THE PIPE ENCASED IN THE SLAB AS INFORMED AND INSTRUCTED AND ADVISED BY FIRST AMERICAN.
3. The next picture PICTURE B is the portion where John started digging.
PICTURE B
(image by Quick Dry)
NOTICE THE SOFT CONCRETE ON TOP OF THE LEAKING SPOT AN INDICATION THAT THE LEAKING LINE HAD UNDERWENT A PREVIOUS REPAIR AND COULD BE OPENED UP AGAIN NO NEED OF HELPERS AND THE JACKHAMMER AND BRINGING WITH HIM JUST A SMALLER ELECTRICAL HAMMER AND MASONRY CHISEL WHICH WOULD NOT SHATTER THE FOUNDATION AND THE WATER LINES IN IT. NOTE THAT HE BROUGHT WITH HIM 2 HELPERS AND A MIGHTY JACKHAMMER NOT REALLY TO REPAIR THE LEAKING HOT WATER LINE BUT DELIBERATELY HIDE IT FROM US AND TO INTENTIONALLY ACCOMPLISH HIS OBJECTIVE TO CREATE AN EXCAVATION TO PROVE THAT THERE IS "NO LEAK IN THE SLAB BUT A SUSPECTED LEAK UNDER THE FOUNDATION" GIVING HELP TO STATE FARM TO ESCAPE SECONDARY DAMAGE LIABILITY AND GETTING FROM FIRST AMERICAN A COSTLIER PIPE REROUTE THAN SIMPLE LEAK REPAIR. WOULD YOU BELIEVE HIM IF HE SAYS , THE STATEMENTS AND THE VIDEO LIVE PRESENTATION PRODUCED BY HIM WERE FREE? JOHN DAMAGED OUR HOUSE STRUCTURALLY, AND HARMED US FINANCIALLY AND DEFRAUDED US AND FIRST AMERICAN AND ENRICHED STATE FARM INTENTIONALLY AT OUR EXPENSE. HE MUST BE HOLD ACCOUNTABLE TO THIS WRONGDOING. OUR SOCIETY WOULD NOT BE SAFE WITH THIS MAN ROAMING AROUND DOING WRONGS SCOT FREE.
4. The next picture PICTURE 1A is the resulting excavation after digging at done in PICTURE B and the leaking pipe is almost accessible at this point, but what John did is to excavate farther away from the leaking pipe.
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.
5.The next picture PICTURE A shows the excavation by way of vandalism which is not actually needed to access the leaking pipe in the left section (section1) but merely to satisfy his video presentation of no leak in the slab but a suspected leak under the foundation. Please note that the water supply valve to the line is closed.
THESE ARE PICTURE EVIDENCES RELATED TO FRAUD AND VANDALISM COMMITTED BY TITOUAH WHICH GORDON LIU REFUSED TO CONSIDER OR AT LEAST ACKNOWLEDGE, THOUGH MORE THAN ENOUGH TO SHOW HIS CRIME AND WRONGDOING BUT GORDON STILL FIRM IN ADAPTING JOHN TITOUAH'S FRAUDULENT RIGGED VIRTUAL VIDEO AND UNTRUE STATEMENTS AS CAUSE FOR DENYING OUR CLAIM UNREASONABLY THREE TIMES.
THIS IS DEFINITELY BAD FAITH.
COUNT 34 BAD FAITH BY STATE FARM AND GORDON LIU
HAVING DENIED OUR INSURANCE CLAIM THREE TIMES WITH AN AFFIRMED THIRD ON ACCOUNT UNREASONABLE CONSIDERATIONS BASED ONLY ON CONJECTURES, FRAUD AND UNTRUE STATEMENTS, HAVING PERSISTENTLY, INTENTIONALLY AND DELIBERATELY DENIED, GORDON LIU AND STATE FARM ARE COMPELLING US, WHICH WE ARE AVOIDING TO RESORT TO, TO LITIGATE TO DEFEND OUR RIGHTS AGAINST INTENTIONAL AND DELIBERATE DENIAL OF OUR LEGITIMATE INSURANCE CLAIM IS A SERIOUS VIOLATION OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING BETWEEN US. THIS IS ABSOLUTELY, BAD FAITH.
DEMAND FOR FULL INSURANCE COVERAGE PAYMENT
BY VIRTUE OF THE REPREHENSIBLE THIRTY-FOUR COUNTS OF AGGRAVATING EVIDENCES OF BAD FAITH BY GORDON LIU/STATE FARM MANIFESTED ABOVE, TOGETHER WITH THE PICTURES AND VIDEO EVIDENCES SHOWING THAT THE LEAK IS ON THE PIPE ENCASED IN THE SLAB AND NOT AN IMAGINARY LEAK ON THE PIPE UNDER THE FOUNDATION, IN ADDITION TO DETAILED DISPLAY JOHN TITOUAH'S FRAUDULENT CRIMINAL ACTS, I HEREBY DEMAND THAT THE DECISION BY STATE FARM TO DENY OUR CLAIM BE REVERSED AND GRANT UPON US FULL INSURANCE COVERAGE UNDER OUR POLICY CONTRACT.
Yours faithfully,
Antonio L. Buensuceso
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