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
INAPPROPRIATE RESPONSE 13
REPEATED MISCONDUCTS
FROM
INAPPROPRIATE RESPONSES 1 TO 8 AND 9/10/11/12
BEING NOT DISPUTED, OBJECTED AND HABITUALLY REPEATED WITH IMPUNITY. HENCE, PROVEN TO BE INTENTIONAL, DELIBERATE, MALICIOUS, WILLFUL, WANTON, OPPRESSIVE AND OUTRAGEOUS
Dear Messrs Gueniot and Liu:
PLEASE SEE,
As Mr. Gueniot responded to email with the subject shown above:
CLEARER READING BELOW OF THE EMAIL SCREENSHOT ABOVE:
Dear Mr. Buensuceso,
I’m writing to acknowledge receipt of your email below.
I regret coverage is not available for this loss.
This claim file remains closed. 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. 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. This claim has been denied as explained in our letters and responsive emails and the file remains closed. All conditions previously quoted still apply.
State Farm previously responded to your emails that contained allegations of misconduct by Claim Specialist Gordon Liu, State Farm and me. Your email contains allegations of misconduct by me. All such contentions are denied. We handle each claim on its own merits. State Farm, Claim Specialist Gordon Liu and I have complied with the implied covenant of good faith and fair dealing in the investigation and handling of this claim.
Your emails have become harassing and I respectfully request you cease.
In the future, State Farm will no longer respond to your emails which do not provide any new information for us to evaluate on this claim. You should not interpret our silence as any agreement with you, or any waiver of our rights under the policy or law. We reserve all such rights in the past, present, and future. If you send in new information that warrants consideration, then we would provide you a substantive response.
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.
Sincerely,
Louis
Louis E Gueniot III
Claim Team Manager State Farm General Insurance Company
COMMENTS:
ONLY PAR.1 IS RELEVANT. PAR. 2 TO 9 ARE INAPPROPRIATE AS THEY
ARE IRRELEVANT TO THE SUBJECT MATTER BEING DISCUSSED.
THOUGH NEXT ISSUES ARE IRRELEVANT TO THE SUBJECT NAMED
ABOVE, MODESTY DICTATES THAT I WRITE COMMENTS ON THEM.
MAY I RAISE MY STERN OBJECTION TO YOUR STATEMENT:
"Your emails have become harassing and I respectfully request you cease."
MAY YOU PLEASE UNDERSTAND THAT I AM CONFUSED WITH YOUR
STATEMENTS, FOR EXAMPLE ONE AMONG SO MANY, LIKE IN THE
MATTER OF JOHN TITOUAH'S CRIME WHICH YOU JUST TERMED AS
MISCONDUCT.
NOW IN CLOSER ANALYSIS OF YOUR TEAM STATEMENTS
1. FROM PAR. 5 DENIAL LETTER OF AUGUST 14, 2020
" Your email contains allegations of misconduct by John Titouah. State Farm will not respond to your allegations against John Titouah."
2. FROM PAR. 4 OF AUGUST 21, 2020
" State Farm has previously responded to your emails that contained allegations of misconduct by me and State Farm."
3. FROM PAR. 4 OF AUGUST 28, 2020
INAPPROPRIATE RESPONSES 9/10/11/12
" State Farm previously responded to your emails that contained allegations of misconduct by Claim Specialist Gordon Liu, State Farm and me."
IN STATEMENT 1 YOU WROTE, " State Farm will not respond.... "
IN STATEMENT 2 YOU WROTE , " State Farm has previously responded to your emails..... "
IN STATEMENT 3 YOU WROTE ,
" State Farm previously responded to your emails that contained allegations of misconduct by Claim Specialist Gordon Liu, State Farm and me."
HONESTLY, I AM CONFUSED ON WHAT POSITION YOU
WOULD WANT TO ANCHOR YOUR ARGUMENT INTO.
WHEN I WANTED CLARIFICATION ABOUT THIS ISSUE, YOUR
TEAM DID NOT RESPOND OR WHEN YOUR TEAM
RESPONDED YOU ALL RESPOND INAPPROPRIATELY
MAKING MANIPULATING CONFUSING STATEMENTS. THEN
WHEN I ASKED CLARIFICATIONS ON THOSE CONFUSING
MATTERS AND YOU UNABLE TO CLEAR THEM UP
BECAUSE YOU ARE GUILTY OF REALLY SOWING
CONFUSION INTO THOSE ISSUES THEN YOU WILL
COMPLAIN OF I BEING HARASSING YOU TO THE WORDS
OF THIS EFFECT,
"Your emails have become harassing and I respectfully request you cease."
I VEHEMENTLY OBJECT TO THIS STATEMENT. SO LONG AS
YOUR TEAM IS KEEPING ON WRITING CONFUSING AND
UNCLEAR, VAGUE POLICY LANGUAGE STATEMENTS AND
INAPPROPRIATE RESPONSES , LIKE FOR A SECOND
EXAMPLE AMONG SO MANY,
1. EXISTENCE OF TITOUAH'S WRITTEN REPORT SUBMITTED TO YOU.
ON PAR.2 June 12, 2020 DENIAL LETTER
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."
"his written report "
This means on the denial letter dated June 12, 2020, you impressed upon us a copy of the written report of JOHN TITOUAH. BUT HOW COME YOU ARE DENYING THE EXISTENCE OF JOHN TITOUAH's REPORT ON PAR.3 JULY 31, 2020 DENIAL LETTER TO THE EFFECT THAT THE INFORMATION PROVIDED BY JOHN TITOUAH WAS PROVIDED VERBALLY AND NOT IN WRITTEN FORM.
2. DENYING EXISTENCE OF TITOUAH'S WRITTEN REPORT
PAR. 3 July 31, 2020 DENIAL LETTER
You wrote,
"Attached is a copy of the photo media sheet with the photographs obtained during our virtual Claims Xperience inspection which took place on May 5, 2020. The information provided by John Titouah was provided verbally and not in a written form. The information contained in our claim file notes are not considered claim-related documents, as defined by Insurance Code Section 10082.3 and will not be provided."
I NEED AND WILL ASK FOR CLARIFICATIONS.
THIS ISSUE STILL NEEDS CLARIFICATION THUS EXPECT
MORE EMAILS ASKING FOR CLARITY ABOUT THIS ISSUE.
I BEG FOR YOUR INDULGENCE, PLEASE ACCEPT MY
APOLOGY, I AM SORRY, PLEASE BEAR WITH ME, I WILL
CONTINUE SENDING EMAIL ASKING FOR CLARIFICATION
TO CLEAR ISSUES OUT.
LIKEWISE, I VEHEMENTLY OBJECT TO THIS STATEMENTS:
PAR.6 INAPPROPRIATE RESPONSES 9/10/11/12 28AUG20
"In the future, State Farm will no longer respond to your emails which do not provide any new information for us to evaluate on this claim. You should not interpret our silence as any agreement with you, or any waiver of our rights under the policy or law. We reserve all such rights in the past, present, and future. If you send in new information that warrants consideration, then we would provide you a substantive response."
1. " In the future, State Farm will no longer respond to your emails which do not provide any new information for us to evaluate on this claim." PLEASE WRITE AND ASSERT THIS STATEMENT, ONLY AFTER YOU HAVE IDENTIFIED AND WRITTEN LISTS OF INFORMATION, THOSE WHICH YOU CONSIDER, AND THOSE WHICH YOU DID NOT CONSIDER. SO THAT I MAY KNOW WHAT INFORMATION I NEED MORE TO SUBMIT TO YOU.
SHOW AND WRITE YOUR POLICY DEFENSES NOW IF YOU ARE UNABLE TO WRITE THEM NOW MEANS YOU DO NOT HAVE ANY TO WRITE OR YOU ARE NOT DILIGENT ENOUGH TO STUDY THIS CASE. INDOLENCE AND NEGLIGENCE SHOULD NOT BE REWARDED. THOSE MUST BE DESPISED.
2. " You should not interpret our silence as any agreement with you, or any waiver of our rights under the policy or law. " SILENCE MEANS CONSENT. YOU ARE GIVEN MULTIPLE CHANCES TO OBJECT AND RESPOND EXPLAIN AND REBUT ACCORDINGLY BUT YOU DID NOT.
3. " We reserve all such rights in the past, present, and future. " UNCLEAR, VAGUE ASSERTION, NEEDS CLEAR, DEFINITIVE OF WHAT RIGHTS YOU ARE TALKING TO.
3. " If you send in new information that warrants consideration, then we would provide you a substantive response." PLEASE WRITE AND SEND ME LIST OF INFORMATION WHICH YOU CONSIDER AND LIST OF INFORMATION YOU DID NOT CONSIDER SO THAT I MAY KNOW WHAT INFORMATION YOU STILL NEED TO BE SUBMITTED.
Please acknowledge receipt of this e-mail and kindly inform me when I should expect a reply to this email.
PLEASE RESTRICT ISSUES 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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