Letter: Marie Bartello (Claims Adjustor,
The Maryland Insurance Group) to Ted Kimble, instructions on
processing the homeowner's insurance claim
October 26, 1995
Mr. Ted Kimble
P.O. BOX 160
Pleasant Garden, NC 27313
RE: Claim No.:214 F4507840
Policy Number: TH045004579
Effective Date: 10/31/94 - 10/31/95
Loss: October 9, 1995
Type of Loss: FIRE
Dear Mr. Kimble:
We received notice
of an occurrence which took place at 2104 Brandon Station Court,
Pleasant Garden, NC 27313 on October 9, 1995. As a result of this
occurence, coverage has been requested under policy number
TH045004579 which was issued to Patricia Kimble and Ted Kimble by
the Valiant Insurance Company. There is a question whether coverage
under the policy applies to this occurrence.
The nature of the coverage question is as follows: The origin of the
fire is under investigation.
Before any benefits can be paid under this policy, you have an
obligation to fully comply with all with all policy requirements in
submitting the claim. We have an obligation to determine if the
policy is valid, if the claim is valid, and the extent of coverage
that may be applicable to the loss, if any.
Page 8 of 16 of your policy under Section I - Conditions, 2. e, f,
and g state:
In case of a loss
to covered property, you must see that the following are done:
e. Prepare an inventory of damaged personal property showing the
quantity, description, actual cash value and amount of loss. Attach
all bills, receipts, and related documents that justify the figures
in the inventory.
f. As often as we
the damaged property.
2. Provide us with records and documents we request and permit
Submit to questions under oath and sign and swear to them.
g. Send to
us, within 60 days after our request, your signed Sworn Proof of
Loss which sets forth, to the best of your knowledge and belief;
time and cause of loss.
2. The interest of the insured and all other in the property
involved and all liens on the property.
3. Other insurance which may cover the loss.
4. Changes in title or occupancy of the property during the time
of the policy.
5. Specifications of damaged buildings and detailed repair
6. The inventory of damaged personal property described in 2e
7. Receipts for additonal living expenses incurred and records
that support the fair rental value loss.
faith and to prevent any undue hardship which this loss may cause
you, we offer in advance $5,000.00 on the loss under the following
terms and conditions:
this advance shall not be considered payment under any
portion of the policy.
2. If the claim is deemed valid, the $5,000.00 shall be credited
to the contents coverage.
3. That if either the policy or the claim is not valid and
is not required by us, you will repay the advance, and
4. We, in making this advance, reserve and do not waive any
of requirement under Policy Number TH045004579 whether
procedural or substantive.
Included in the rights, we are reserving the right to receive
from you, proper notice and proof of loss, and the right to ask
you to take an examination under oath.
Insurance Group will continue to handle this claim even though a
coverage question exists. However, no act of any company
representative while investigation, negotiating settlement of the
claim or defending a lawsuit s hall be construed as waiving any
company rights. The Company reserves the right, under the policy to
deny coverage to you or anyone claiming coverage under the policy.
There may be
other reasons why coverage does apply. We do not waive our right to
deny coverage for any valid reason which may arise.
Per our conversation of October 25, 1995, please keep all receipts
and/or documentation for the $5,000.00 advance issued towards your
Please do not hesitate to contact me directly should you have any
questions or wish to discuss this matter further. I may be reached
at 1800-378-7700 ext. 3603.
Sr. Claims Adjuster
of North Carolina
114 North Elm Street
P.O. BOX 1450
Greensboro, NC 27402