EVIDENCE OF BREAKING SILENCE WHEN IN POSSESSION OF A VALID ARGUMENT
RESPONSE TO EMAIL:
IT IS TWO YEARS, MR. GUENIOT, NOT ONE YEAR. DESPITE HAVING BEEN DISCOVERED AND INFORMED YOU, YOU KEPT ON CONTINUING YOUR ACTS OF MISREPRESENTATION. THIS IS DELIBERATE, INTENTIONAL, BLAMEWORTHY, SHAMEFUL ACT OF MISREPRESENTATION, A GRAVE DISPLAY OF BAD FAITH.
CLEARER READING BELOW OF THE EMAIL SCREENSHOT ABOVE:
Dear Mr. Buensuceso, I’m writing to acknowledge receipt of the email below. There was no state of emergency, as defined in subdivision (b) of Section 8558 of the Government Code, that caused the water leak related to this claim. Therefore, endorsement FE-1386 does not apply to this loss. The time period stated in the Condominium Unitowners Policy, Form FP-7956-CA that was included in our May 6, 2020 letter applies. This claim file remains closed. Our position as communicated in our letters and responsive emails are unchanged. All conditions previously quoted still apply. 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, Claims 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. Your email contains allegations of misconduct. All such contentions are denied. 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 rights under the policy and the law. Sincerely, Louis Louis E Gueniot III
Claim Team Manager State Farm General Insurance Company
MR. GUENIOT WROTE IN A VERY QUICK RESPONSE, SPECIFICALLY: "There was no state of emergency, as defined in subdivision (b) of Section 8558 of the Government Code, that caused the water leak related to this claim. Therefore, endorsement FE-1386 does not apply to this loss. The time period stated in the Condominium Unitowners Policy, Form FP-7956-CA that was included in our May 6, 2020 letter applies."
PROBABLY AS A VALID ARGUMENT TO RETAIN THIS NOTICE:
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.
HOWEVER, I AM SORRY MR. GUENIOT TO INFORM
YOU, THAT YOU MIGHT HAVE FALLEN TO A TRAP,
THIS EVENT PROFOUNDLY SHOW THAT YOU DO
NOT HAVE VALID ARGUMENTS TO SUPPORT YOUR
DENIALS AND ASSERTIONS AS THEY REMAINED
UNSUBSTANTIATED FOR LAST SIX (6) MONTHS,
UNLIKE ON THE "ONE YEAR SUIT AGAINST US".
MEANING, YOU DO NOT KEEP SILENT IF YOU HAVE
A VALID ARGUMENT. AND CONVERSELY, YOU KEEP
SILENT WHEN YOU DO NOT HAVE ANY, EFFECTIVELY
MAKING YOUR LAST PARAGRAPH INVALID AS YOU
HAVE NOT SHOWN ANY CONVINCING ARGUMENT TO
SUPPORT IT. THEREFORE, FROM NOW ON, YOUR
SILENCE IS CONSENT AND YOU DO NOT HAVE ANY
SOUND ARGUMENT TO RESPOND OTHERWISE.
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