Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT 6
Case 2:03—cv—01415—ROS Document 148-7 Filed 12/14/2005 Page1 013


0 00 yl 00 4 00 04 LAW OFFICE 0 0 40 0 r_’r 40 —40 A 0 000 »V‘r 0 0i0
00 04 00 Y' 0 JOSEPH C. DOLAN, P.C.i 00. 0 0
40 0 40 0 0 0 0 0 0 1650 Noam rmsr Avaxuia 4 04 0 0
JOSEPH C DOLAN 0 0 4 00PHOENlX,ARIZONA 860030 0 0 00 0 0 0 0(602)26e76670 0 0 _0
. 0 4 4 ' ` 0 0 4 4 4 4 0 4 0 mx (602) 277-9839
0 0 0· *0 0 0 0 00 4 4· 4 0 0 40 l 4 ` [email protected]
0 0. 4 Apt-1116,20050 00 i 00 0 0 00 0 0 0
4 4 0 VIAFAX&4MAIL V 04 00 000 0 4 0 0 0 0 0 4 0000
0 00 0 William0Phillips,Esql0 00 0 0 0 0 00 0 0 0 0 00 0
0 BROENING OBERG WOODS WILSON & CASS 0 0 4 0 4 44 0 0
0 4 ll22EastJefferson 40 00 0 ·400 · 004 0 V 0 0 04 0.
0 0 00 04Phoenix3 Arizona 85036 0 4 0 0 0 0 0 ` 4 0 0 0 - ‘ . U 0 0
0 0 0 0 0 Re:0 Simms vstdte Farm 4 0 0 0 0 00 4 4 0 00 0 0 44 0
00 DearBi11:0 0»0_ 0 0 0g 00 0 00 0 ` 0 01 0000
0 0 0 0 00 0 Theproposed April '/0"Fourth Notice of Discovery and 4Settlernent’0’ is acceptable. lfyou 4 4
0 wisl1,youmaysignforme.0__ 400 4040 0_ 0 0 0 ~ 0 0 00 _ 0 4
0 000 0 0 0 00 Ifarn working on getting testimony histories from several 0e4xpe4rts0 to comply with Rule 26. g 4 0
00 0 0 Iamnot ignoring your requests for4int`ormation4re4garding4my experts; 4 00 Z 4 0 4,40 0- 4 0
0 ` 0 0 Weare having difficulty wrapping up our assessment of property damages. 0I was at the. 0 0 0 0 00
0 · 04 house on April l4·4meeting0with one of my consultantsyl tumed to look toward the south as I4 0 0
40 0 was standing by the swimming pool and- I4 noticed that the0guesthouse04is twodifferent colors. I 0 00 0
0 0 4 0 broughtRob4Burttram0oyer to see this and heagreed that the guesthouse is indeed two distinct I 4 0 4
4 colors; 0I alsoshowed himfurther problems with the southfacing0wall of the guesthouse which 0 ·
include cracking around the windows and obvious signs40of moisture contamination inside the 00
0 44 0 southwall ofthe guesthouse. 0 0 4 i 0 0 0 0 0_ 0 44 I 4 4 0 0 ‘ 0
0 0 0 0 0 guesthouse as we speak torn up.0 Mr. Simrnswants to proceed with remediation 0
40 0 buthe cannot do so until the roof gets fixed§ The roof cannot getlixeduntil all the experts have 0 0
0 had a chance to look at it. have accompanied Mr. Conrad several times to the Simms residence
to allow him-to do his work. I believe that he wants tocorne back as we remove more roofing 4 0 0 0
0 materials. 0 00 _ 4 · Q4 ·
0 0 0 0 In summary, two things are going on which are making it very difficult for us to complete 0 0
0 fnal disclosures, Damageskeep surfacing despite my many trips to the Simms residence. I have 0 4
0 4 spoken to and he does not take all these problems to be his responsibility. 0004 0
0 I need State to answer several questions. Does State0Farm take the view that all of 0
the moisture problems in the guesthouse are not covered?_ Does State Farm take the view that
none of themoisture problems in the guesthouseare a consequence of the 2001 tire'? I believe
we have a situation, depending on your answers, where I need to go to the court a motion to
4 0 amend my complaint to clarify that our claim includes improper adjustment of the claim
00 0 0 0 0Case02:O3>cv—O1415—ROS Document 148-7 0Fi_Ie0d 12/14/2005 Page2of30 0

5 V‘ . a = · t ; i { , ~ Q A A * Af] gi Fe 4 `
" i r w1111a;hiém11;pS,E5q. i 4 i V F * l V r l i. 1 r r
o d ’April15,2005 i · i p o “ * i _i ~ ` o i
~ Page2‘ i p it » i 4 e i
A contimiiné to this day. i iState,l*arm has been out to the propertyi—rinmerons tirnesover the. past a
a year and has had an opportunity to recognize; that Mr, Simms continues to experience loss of use a i ’ I
_o " p and property damages} Ineedaclear answer from State Fawn asto whether it feels it has paid all o
a thatitowes. r I e i l f l p [ i
i i r t. ir iGo’ahead andlille tlae April 7report. Ilook forwardto aresponse tothe other questions. i

ep a p · i`»l _ i ,Dolan p l _ p
r V ‘Casél.i2i:O3—cv—O1415>iROS a Documénl148-7 Filed 12714/2QO5V Pagé:3 of.3 _ or

Case 2:03-cv-01415-ROS

Document 148-7

Filed 12/14/2005

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Case 2:03-cv-01415-ROS

Document 148-7

Filed 12/14/2005

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Case 2:03-cv-01415-ROS

Document 148-7

Filed 12/14/2005

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