• Report: #915237

Complaint Review: State Farm

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  • Submitted: Fri, July 20, 2012
  • Updated: Sat, July 21, 2012

  • Reported By: DisappointedWithStateFarm — Rochester New York United States of America
State Farm
One State Farm Plaza, Bloomington, IL 61710 rochester, New York United States of America

State Farm Why did State Farm FAIL to DEFEND ME WHEN I WAS SUED ? rochester, New York

*General Comment: No removal of lead pain

*Author of original report: Response to question

*Consumer Comment: Pretty sure there is a no rebutt clause

*Consumer Comment: Pretty sure you are not supposed to rent properties with lead based paint

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Premiums were paid to State Farm by me the Trustee and Real Estate Manager for the Property Owner Trust, the Policy holder for The Property, in Rochester NY  time period of 8-16-93 to 8-16-99. 

In 2005, The Former Tenant/parent/natural guardian of an infant, commenced a lawsuit against  the Trustee and Real Estate Manager and the Property Owner Trust 

The Former Tenant/parent/natural guardian of an infant was a tenant in September 1993 of the property where she lived with her infant child. 

It was alleged that The Infant Child ingested lead paint from the property during the period that the policy was in effect.

State Farm refused to defend the Trustee and Real Estate Manager, despite the fact the the policy clearly stated that the insured included the organization trustees and real estate manger. 

Therefore I had to defend ourselves and hire an attorney to assist us in our defense. 

Eventually State Farm settled with the plaintiffs out of court, however they never reimbursed me for our attorney costs, court costs, and considerable pro se work that I put into defending ourselves in this lawsuit. 

This is surprising to me that coverage was not provided to me in the capacity of real estate manger
immediately when the summons and complaint was provided to State Farm.  How else would the Plaintiff have known that I was associated with the property? If I collected rent, gave them the key, then what would have I been, if I was not a trustee or a real estate manager?

I made sure that the premium was paid in full to State Farm, why would I have done this if I was not a trustee or a manager?

State Farm was comfortable with the trust being the named insured when accepting the premium and freely corresponded with me about the coverage when receiving the premiums. 

When State Farm was providing coverage for the Trust..  I was asked for information from State Farm in order for them to prepare a defense.   Why is it that I was good enough to help them, but not good enough for them to defend?

When State Farm was providing for the defense of The Trust, who was it that State Farm contended was the Trustee of Sawyer Trust?

I have not received any response from and no answers to the above from State Farm.     

State Farm had an obligation to defend me both as trustee and as property manager. They failed to do so, so I was forced to hire an attorney to help me prepare responses to the Plaintiff's motion and to prepare answers to the complaints. I have not been reimbursed for my out of pocket legal expenses or all my time in working on the same.

This report was posted on Ripoff Report on 07/20/2012 09:03 PM and is a permanent record located here: http://www.ripoffreport.com/r/State-Farm/rochester-New-York-14619/State-Farm-Why-did-State-Farm-FAIL-to-DEFEND-ME-WHEN-I-WAS-SUED-rochester-New-York-915237. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 General Comment

No removal of lead pain

AUTHOR: numlock7 - ()

Lead paint removal is not required.  In any home built before 1978, a landlord is required to sign a lead paint disclosure form with the tenant.  The tenant is furnished with an informational pamphlet and that is the extent of it.

Renters

Federal law requires that before signing a lease for housing built before 1978, renters must receive the following from your landlord:
An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF) , also available in other formats and languages.Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building. 

For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the seller has complied with all notification requirements.If you have a concern, then ask your landlord to get a lead hazard inspection from a certified inspector before signing your lease.

http://www2.epa.gov/lead/real-estate-disclosure
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#2 Author of original report

Response to question

AUTHOR: DisappointedWithStateFarm - (United States of America)

The property was not unsafely rented.  However, the former tenant sued me claiming that it was.  

I am saying that State Farm agreed to defend me against lawsuits claiming liability.  And I am saying that State Farm failed to live up to their promise to do so.

Thank you.  That was a good question. :)
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#3 Consumer Comment

Pretty sure there is a no rebutt clause

AUTHOR: The Outlaw Josey Wales - (United States of America)

 I believe I read where there is a no rebutt clause for people who do not wish to be rebutted
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#4 Consumer Comment

Pretty sure you are not supposed to rent properties with lead based paint

AUTHOR: Steven - (U.S.A.)

In most states that I know of if you are renting a property you are supposed to remove ALL lead based paint from all interior walls and exterior surfaces as well. You cannot simply paint over it but remove it. Are you claiming that because State Farm insured the property that they are responsible for your failure to provide a safe place for your tenants?
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