Court Considers Summary Judgment on Mold Claims by Coach Switzer

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Court Considers Summary Judgment on Mold Claims by Coach Switzer

by Publishing

November 2, 2005

http://www.imakenews.com/pureaircontrols/e_article000480688.cfm?

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OKLAHOMA CITY – A scheduled trial on bad faith and coverage claims

by former Dallas Cowboys and University of Oklahoma football coach

Barry Switzer has been delayed while a federal judge considers

summary judgment motions on claims arising from the alleged mold

contamination of Switzer's stored furniture. Switzer v. State Farm

Fire & Casualty Co., No. CIV-04-279-T (W.D. Okla.).

Switzer contends in the lawsuit pending in the U.S. District Court

for the Western District of Oklahoma that State Farm Fire & Casualty

Co. is guilty of breach of contract and breach of the duty of good

faith and fair dealing by denying coverage of furniture that Switzer

claims was contaminated by mold while at a Yukon, Okla., self-

storage facility.

Switzer says he purchased a $300,000 renters policy from State Farm

specifically to cover the furniture, and made his initial demand for

coverage as soon as the furniture was found to be contaminated in

March 2002.

Switzer also says that he was assured of coverage by State Farm

agent Ayers, who is now deceased.

State Farm maintains that the property was covered for named perils

only and that mold was not a covered loss.

In its motion for summary judgment, State Farm also asserts that

Switzer has been fully compensated by a settlement with the storage

facility, and has cleaned and is using about half of the stored

furniture in his new home.

On May 19, U.S. District Judge Ralph G. granted Switzer's

motion to compel production of the personnel file for State Farm

adjuster Glenda Jewell Vassar. Switzer contends that Vassar was

removed from the claims handling unit because of her handling of his

claim, which, he says, is evidence of State Farms' bad faith.

B.Graves and L. Barkett of Graves & Barkett in Tulsa,

Okla., represent Switzer.

V. , C. s and Bruce A. on of

Kurth s & Ortiz in Oklahoma City are counsel for State Farm.

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