INSURER AND INSURED  MUST PRESENT LOSS CLAIM DURING REFERENCE PROCEEDINGS

September 30, 2012

Contrary to this Order is adverse to 5th and 14th Amendments to the Constitution of the United States

___________________________________________________________________

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

                     COMMONWEALTH OF MASSACHUSETTS

  Suffolk, ss                           SUPERIOR COURT DEPARTMENT

                               CIVIL ACTION DOCKET NO. SUCV 2012-00522
___________________________________________________________________

GWENDOLYN CRANMORE,
              Plaintiff (Pro se),

                         v.

MASSACHUSETTS PROPERTY INSURANCE                                                                                                                                                                               UNDER-WRITING ASSOCIATION (MPIUA),
                   Defendant
_______________________________________________________________________
                       
                                     AMENDED COMPLAINT

                                       TABLE  OF CONTENT

TAB                               ITEM                           PAGE
 Note:     Leave to assign all page/paragraph #  ………………….................................1    

A.                PARTIES ………………………………………………………………..1
 
B.            STATEMENT OF AMENDED COMPLAINT……………………………1-3

C.             BRIEF  INTRODUCTION TO CAUSE OF ACTION…………………...4-5

D.             JURISDICTION……………………………………………….................4-5

E.             CAUSE OF ACTION, COUNTS #1 TO #13…………………….............5-30

F.             CONCLUSION/RELIEF……………………………………………........30-32

                CERTIFICATE  OF SERVICE…………………………………………........33

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.GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

                     COMMONWEALTH OF MASSACHUSETTS
  Suffolk, ss                           SUPERIOR COURT DEPARTMENT
                               CIVIL ACTION DOCKET NO. SUCV 2012-00522
___________________________________________________________________

GWENDOLYN CRANMORE,
              Plaintiff (Pro se),
                                      v.
MASSACHUSETTS PROPERTY INSURANCE                                                                                                                                                                                            UNDER-WRITING ASSOCIATION (MPIUA),
                   Defendant
_______________________________________________________________________
.
                             AMENDED COMPLAINT

Plaintiff request leave of this Court to assign numbers and tabs to all the paragraphs of her Amended Complaint including statement of complaint, jurisdiction, question in issue, argument,  conclusion, relief, etc because of past experience in which opposition parties alter, delete, add unwanted statement to distort her brief and other submission.  Plaintiff's Reps & others notwithstanding the statutory page limit of a standard COMPLAINT brief under Massachusetts Rules of Civil Procedure  and other rules, Plaintiff further requests  leave of this Court  to present lengthy brief and enlarge any page limit because of the extensive activity history of this case and good will to give defendant sufficient notice.


A.                              PARTIES

1
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

1.            Plaintiff, Gwendolyn Cranmore is the Insured with Insurance Policy No. 1087817-1 which she purchased in July 2009 from the Defendant  (MPIUA) and attached with full lien  on the  residential property which lie situates at 631 Blue Hill Parkway, Milton MA 02186.

2.             Defendant, Massachusetts Property Insurance Underwriting Association (MPIUA) is one of the agencies of the Commonwealth of Massachusetts and do business as an insurance company with corporate headquarters located at Two Center Plaza, Boston, MA 02108.

B.            STATEMENT OF AMENDED COMPLAINT

3.      In accordance with M.C.P.R. 4 (g) and F.R.C.P. 15 (2), Plaintiff request leave of this Court  to Amend her ORIGINAL COMPLAINT which several national and international experts advised is generally and specifically defective and unfit to assert any right to claim because over 98% of the fact, evidence, prospective exhibits and other elements of this Complaint was not disclosed and pleaded under the Massachusetts Civil Procedure Rules, Massachusetts General Laws,  Massachusetts Superior Court Rules and the Constitution and Bill of Rights of the United States of America.

4.       On before February 7, 2012 under high deceit, conspiracy and disservice to the Plaintiff certain local Attorneys assisted Plaintiff to file Complaint with this Court and thereafter Dr. Ofume and Associates started reviewing over 10,000 pages of documents relating to the process and procedural histories of this case and they found highhanded obstruction of justice particularly that the Complaint filed with this Court disclosed less than 3.7% of the fact and evidence of the infractions and the intended relief for claim in this case and same adversely which severely affected the Plaintiff and her life,  family and the disputed property located at  631 Blue Hill Parkway, Milton MA 02186.

5.       Purpose of finding path to justice in this case, pursuant to M.C.P.R. 4 (g) and F.R.C.P. 15 (2) without material prejudice and harm to all parties in this case, amendment of the ORIGINAL COMPLAINT mentioned above is inevitable for the sake of justice and under  F.R.C.P. 15 (2) " The court should freely give leave when justice so requires."
6.         In March 2010 and August 2010 there were two heavy rain/wind storms which hit Plaintiff's  

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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

property located at  631 Blue Hill Parkway, Milton MA 02186 with defendant's Complete Insurance Policy No. 1087817-1 which Plaintiff purchased and remained no fault.  The two heavy rain/wind storms rift off the roof of the insured property and through the damaged roof the storms brought massive quantity of water into the home and the heavy pool of water  went down from the roof and settled in the basement and other places including shocking the wall and other building materials of the home. Instantly and severally  Complaint and reminders were filed with the MPIUA but heartlessly ignored and lack of timely and urgent action in terms of remediation, disaster occurred and there were deadly dusty and Toxic Mold, Toxic Fungus, etc and  affected Ms. Cranmore's body, memory, talent, smartness and other parts of her senses,  strength and ability to work, etc. and emergence Plaintiff's present and on-going  multiple illnesses.

C.                 BRIEF  INTRODUCTION TO CAUSE OF ACTION

7.     Defendant, maintained chain of business management  irresponsibility, negligence, and  random and multiple failure to proffer cordial relationships because of race and color and/or between insured and insurer to the extent citing verbatim from  Plaintiff's Amended Demand Notice  pursuant to Mass.G.L., Chapter 93A that  "Should you (insurer/mpiua) fail to take urgent action to address these deadly, unfair or deceptive act(s) or practice(s) void of iota of doubts, they will cost you over $56 million before any fair Court  of the United States because of damage escalation. and magnitude of the devastation on intended Plaintiff's life and property"  but the Defendant ignored Plaintiff advice.

8.    Defendant, mobilized financial resources and lobby group to price and purchase majority of Plaintiff's representatives and over 20  representatives were lobbied and used to abandon her job or connived to provide deficient services and majority of the services provided Plaintiff was ex-communicated, disdained and poisoned the mind of Plaintiff's relations. Because of failure of the local attorneys, representatives,  adjusters,  servicemaster, etc to transparently, fairly and impartially  represent her in this Loss Claim stated below and because of  defendant's negligent and deceptive  business  and remediate to clean  up the Toxic Mold, Toxic Fungus, etc caused by March 2010 heavy rain storm which destroyed the roof of Plaintiff's home and brought heavy water into the home and the delay of the MPIUA to effect remediation timely of the Toxic Mold, Toxic Fungus, etc.
9.      The Toxic Mold, Toxic Fungus, etc  mentioned in para 4 above  affected the Plaintiff, Ms. Cranmore's body, memory, talent, smartnes and other parts of her senses,  strength and ability to work, etc. Several medical reports relating to medical testing, evaluation, assessment, treatment,

                                                                        3

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

therapies and related medical activities.

10.     Because of these deadly and multiple illnesses,  Dr. Phillip C. Ofume and Associates are  retained to assist her in court process,  proceedings and as spokepersons and representatives and because of the highhanded conspiracy and misconduct of her attorneys, representatives, appraisal, adjusters , etc she decided to work with Dr. Ofume and Associates who have been doing high profile cases in Canada and United States . The Power of Attorney signed by the Plaintiff,  Mrs. Gwendolyn Cranmore and  Dr. Phillip C. Ofume and Associates will be fully incorporated in support of this Complaint.

D.                                                                JURISDICTION

11.       From the obvious stand of Plaintiff's Demand Letter in accordance with Mass.G.L., Chapter 93A, Defendant has been advised to take further and further taste of the legal implication of failure to act in good faith and follow the stipulations on the homeowner's insurance policy agreement, that Plaintiff has adequately  put defendant on sufficient and enlarged notice under M.R.C.P. 12 (b) and that defendant's action gravely violates, MGL c.93A (Regulation of Business Practices for Consumers' Protection); Massachusetts General Laws ch. 106 § 2-718; MGL c.176D (Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance); Massachusetts Regulations, 940 CMR 3 ( Consumer Protection - General Regulations) ; 5th and 14th Amendments to the U.S.  Constitution (Due Process Rights and Procedural Due Process); M.R.C.P. 65; G.L. c. 175, § 186; Northwestern Mut. Life Ins. Co. v. Iannacchino, 950 F.Supp. 28, 30 (1997); Chicago Ins. Co. v. Lappin, 58 Mass.App.Ct. 769, 773 (2003); Northwestern Mut. Life Ins. Co. v. Iannacchino, 950 F.Supp. 28, 30 (1997); Employers' Liability Assurance, Ltd. v. Vella, 366 Mass. 651, 655 (1975); Bagley v. Monticello Ins. Co., 430 Mass. 454, 458 (1999); Liberty Mut. Ins. Co. v. SCA Servs., Inc., 412 Mass. 330, 336-37 (1992); Government Street Lumber, Co, v. Amsouth Bank 553 So 2b 78 72 (Ala 1989); Keeton v. Bank of Red Bay  466 So 2b 937 940 (Ala 1985); National Security Fire & Casualty Co. v, Bowen, 417 So 2d 179 (Ala 1982); Common law fraud; lack of and insufficient service when defendant rejected plaintiff's loss claim and proceeded to do partial negation, failure to intervene to prevent the expansion of dusty and toxic mold, fungus, etc, failed to provide money to save life and property and when money was provided after the harm has been done against plaintiff life and property checks were issued in different name without plaintiff's name and to this present or March 2010 to present time the checks remain uncashed and the cruelties which

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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
rendered plaintiff homeless, physical and psychological torture, etc; abuse of fair process when defendant lobbied and bribed appraisal team, adjusters, attorneys and other representatives serving the interests of the plaintiff; under this severe form of sanction on release of fund to plaintiff which led to expanded homelessness, illnesses because of lack of payment of medical and medication bills, loss employment and earnings, starvation, multiple pains and hardship, heartlessly defendant cancelled plaintiff's insurance policy [(Restatement (Second) of Contracts § 374(1)]; etc

E.                                                 CAUSE OF ACTION
                            COUNT #1

12.     A brief  particulars of the business relations between the Plaintiff and Defendant are as follows:

12.a. ASSURED: Gwendolyn Cranmore;    

12.b.  POLICY #: 087817;    

12.c.   LOSS LOCATION:  631 Blue Hills Pkwy, Milton MA 02186;

12.d.  INSURER: Mass Property Underwriting Association.

12.e. TYPE OF LOSSES:

12.e.i.  Fire Damage: DATE OF LOSS: 3/8/2010;    

12.e.ii.  DATE REPORTED: 3/8/2010

12.e.iii. CLAIM/File#: 274772/2010-03306
12.e.iv.  Wind/Storm Damage:

12.e.v.  DATE OF LOSS: 3/12-14/2010

12.e.vi. DATE REPORTED: 3/15/2010  

12.e.vii. CLAIM/File#: 274179/2010-02894
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

12.e.viii.  Rain/Storm Damage:

12.e.ix.  DATE OF LOSS: 8/22-24/2010

12.e.x.  DATE REPORTED- 8/25/2010   

12.e.xi.  CLAIM/File#: 279935/2010-06393

                                                   COUNT #2

                                CENSORED AND OMITTED DAMAGES

13.     The defendant arm twisted Plaintiff and did what defendant could not have done if the Plaintiff was White. In absolute abuse of the 5th and 14th Amendment to the Constitution of the United States of America, Defendant presented Loss Claim from the defendants personal interest and barred Plaintiff from putting her own Loss Claim on all the nagotiation tables. In part the omitted Loss Claim for the Plaintiff  is as follows:

13.a. Assorted property loss damages presented by the Plaintiff in opposition to defendant's falsified loss claim imposed on the plaintiff;

13.b.  Punitive damages;

13.c.   Mental Anguish damages;

13.d. Attorneys’ fees;

13.e. Endless medical or healthcare bills to dusty/toxic mold, fungus, asthma, etc


                                                                                  COUNT  #3


                           6

                 GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

DEFENDANT/INSURER'S NONCHALANT AND BAD FAITH BUSINESS CONDUCTS WHICH LED TO  DAMAGE TO PLAINTIFF'S LIFE AND PROPERTY

14.         Because defendant and its servants, privies, agents, vendors and others denied Plaintiff's March 2010 hurricane wind/rain storms Claim forcing Plaintiff (Black)  to hire contractors, architect, mold specialist,engineer and consultant at plaintiff's own costs to investigate a "covered peril" under plainitff policy and defendant folds it's hands and allowed Plaintiff's life and property to be swallowed by mold, deadly toxic mold, multiple dusty and toxic fungal, etc.

15.        defendant and its clique excelled above US and United Nations  international laws self centerd to act in an untimely manner to further mediate the property damages, falsely denying the claim, wasted over nine (9) months to review Plaintiff's March 2010 claim, only after the plaintiff property  was hit by a second three day heavy continous rainstorm, in August 2010 causing water intrusion through the same  portion of the roof that was repaired by the plantiff after the March 2010 storm, and duplicating the March 2010 claim damages.

16.         The plaintiff then hire new  professionals to deal with the new water damage, but the defendant/insurer denied the plainitiff the privilage of doing so.(See EXHIBIT 0).

17.       The second water in August 2010 was again deliberterly left unattended,  as did the March storm, by the defendant/insurer, allowing the damaged part of the disputed home to develop mold, toxic mold,  fungal, etc rapaidlly became eratically infectious illnesses and swallowed the entire boby and psychic of the plaintiff. Defendant ignored medical reports served on the defendant which was intervention tool to save the life and property of the Plaintiff but adversely unheeded.

18.       In October 2010 defendant/insurer,  knowing that the plaintiff was allergic to molds, fungal and the nonchalant of the defendant/insurer (MPIUA) became harmful to life and property because of lack of early intervention created deadly mold called TOXIC MOLD AND FUNGAL

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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
which destroyed the entire body, psychic, memories, etc of the Plaintiff and made Plaintiff to drop out from all lucrative formal and informal employment and means of earnings which Plaintiff had.                

                                      COUNT #4  

      MOLDS AND TOXIC MOLD AND FUNGAL REMEDIATION

19.     Defendant/insurer (MPIUA)  being fully aware that the Servicemaster did not possess the necessary certifications to perform general  molds and fungal and toxic mold and fungal remediation and lacks the expertise to deal with toxic mold and fungus, supportted ServiceMaster gutting down to stud 75% of the molded damaged area of the plaintiff property,  leaving 25% untouched create an enviroment that will support their expert Aegis Mold report (See EXHIBIT K) .

                                        COUNT # 5
DECEPTION AND MISCHARACTERIZATION OF CAUSE OF DAMAGE OF THE PLAINTIFF'S PROPERTY IN MARCH 2010 AND AUGUST 2010

20.     Para 19 above  is also a deliberate act by the defendant/insurer to conceal evidence that proved water that damaged sheetrock which came from above and not from the ground because water from ground level can not climb up the walls to damage the roof and rift it off as the defendant deceptively claim to sweep under the rug its deadly business and ill faith business practice. Action of the insurer is deliberate act to release air-bound deadely molds and other fungal into plaintiff's  entire property, causing the plainittf bodily harm that has develop into on-going illnesses, which made  Plaintiff to permanently remain sick, loss job, businesses and earning, and now homeless.

21.       Insurer/MPIUA spent great effort lobbing Plaintiff's attorneys and representatives and purchase inspectors/investigators/adjusters to create several disgraceful act of MARYLee, S

     8
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

Consultant  Mike Farrer ).  Some of the Plaintiff's attorneys and representatives were working for MPIUA and in majority of the processes and proceedings inside and outside the Court, her Attorneys and representatives failed to disclose majority of the papers and other information on Plaintiff's case and claims.

22.        In an attempt for the MPIUA's  inspectors/investigators/adjusters  to change truth to false to deny Plaintiff's claims after the March 2010 and August 2010  hurricane wind/heavy rainstorms ripied off the roof shingles and fallen  tree branches to crashed on the roof and windows, causing  water intrusion into the home and soaking basement  toilet and kitchen walls, ceiling flooring, etc.

23.     In the initial report to defendant or insurer concerning the March 2010 storms damage, to the extent that its groomed and adopted adjuster turn in  two different  contradictory reports concerning the cause of the storm which defendant reviewed latter by itself to untrue, which adversely affected , proving from the onset that the  insurer's goal was to defruad and decieve the insured, Mrs. Cranmore. These evidences were formerly marked   EXHIBITS  H & l. in the original complaint.

                                                               COUNT # 6

FURTHER DISTORTION OF CAUSE OF LOSS

24.     A lone and secret Investigation and Adjustment Report Form States,
 
"CAUSE OF LOSS:

As reported by the insured on the above date CAT 96 passed through the insured's area. This storm considered of heavy rain. My inspection found that ground water and sewage had entered through the basement"
EXHIBIT  H
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

"DETAILS OF LOSS & RECOMMENDATIONS:
See attached letter of declination  for ground and surface water seeping through the foundation. The insured has been notified of denial. The insured does not have the correct endorsement on the policy for sewage and water back up."  See  EXHIBIT l.

25.        Part summary settlement offered by the insurer dated May 9, 2012,  was done without any investigation and has not offered any focus for the initial and subsequent actual damages which occured from the March 2010 and August 2010 storms and lack a fair compensation
"It is MPIUA's position that it has investigated those claims in a proper manner and has accepted to fairly compensate you (Plaintiff) for your claims of loss to date, attempting to provide you with insurance proceeds checks totally $119,357.36 ($46.199.23 cashed and $73,168.13 uncashed) for those claims and has also reached out in an attempt to work with the insurer and its representative to resolve its issue and concerns regarding its claims of loss, making an additional offer of $7, 500.00 to settle the matter. To date those efforts appear to have been unsuccessful, but MPIUA is willing to continue the effort to do so and again extends the $7,500 offer of an additional payment to resolve same."

26.        Defendant failed to understand that an unfair, deceptive, and bad faith Insurance Company that breaches its insured contract and punished the insured, a brief summary of the General Law in the United States states inter alia, "Where an insurer makes a belated offer of settlement, a cause of action for bad faith does not correct or set aside the previous wrongful conduct. Any payments to the insured only reduce the amount of the insurance company's final liability as it may determined by a jury...The policyholder need only show that the insurer failed to honor the agreement and had no cause not to pay what was due under the contract. When a person buys an insurance policy, the very risks that are insured against make it clear that if a claim is not satisfied the policyholder will suffer financial pressure and emotional distress. Policyholders obviously will be vulnerable to oppressive tactics by a carrier and insurance companies are presumed to know that a denial of benefits will very well result in emotional distress to their insureds." (Alexander Law Group, LLP)

27.     SFMc's  two contradictory, unsigned and unsealed reports mentioned above because of fear of litigation and criminal complaint on basis of deception, unfair, obstruction of justice and
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

bad faith conducts and practices, the investigators and adjusters , SFMc did not sign, seal, notarize and commission the report therefore  these reports must be struck out or dismissed including defendant's contradictory lies that ground water and sewage and ground and surface water seeping through the foundation rose up ward without pumping machine and that ground water caused damage to the roof and stupidly that same ground water climbed up to the roof to fall tree which crashed on the roof and tore open the roof to bring down massive rain water into the disputed home in March 2010 and August 2010.

                                                                          COUNT # 7

             CENSORSHIP OF LOSS

28.    Defendant refused to evalute the complainant or plaintiff's  August 2010 rainstorm claims and closing it  deceitfully and because of racial animosity and underlining  lack of racial trust of all what the Plaintiff, Mrs. Cranmore presented as evidence in support of her claims.

29.      Under lack of racial trust defendant disputed almost every part of the personal property coverage  agreement as path to deny Plaintiff (Black) claims. For example, defendant or  MPIUA engaged Mrs. Cranmore in several expensive "Run-Around"  and made her spend her below poverty level money on paying official adjusters/engineers /investigators/appraisal/experts.

30.  Specifically, March 2010 and after August 2010 through present time  defendant or insurer created undue delays which brought multiple additional rains and water into her home and socked the porch bathrooms, kitchen, etc areas and accumulated at the basement area and build heavy assorted molds and other fungal and due to defendant's  negligence to use  remediation to subdue all the emerging molds and fungal, the initial and unremediated mold created dusty and toxic mold and fungal which ran through inside plaintiff life and property and defendants/insurers are aware of this danger and failed to find alternative home for Plaintiff for nine month pending when these defects will be fixed. These delays affected Plaintiff and the illnesses have persisted and unsure whether Plaintiff will survive.
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

31.    Criminally, defendant may have been advised by Physicians that Mrs. Cranmore will not survive because of the toxic mold and fungus infection and persistent illnesses and defendant suspect that the court, physicians and others   may order direct discovery examination to uncover the lies told and written by the defendant and in haste on July 17, 2012 defendant rushed to cancel Mrs. Cranmore's or insured Complete Insurance Policy to burn down the disputed property and clear principal or lead EXHIBIT A.2. which is the disputed property and physical premises. See EXHIBIT A.4. (PLAINTIFF'S MOTION TO REINSTATE INSURED CANCELLED COMPLETE INSURANCE POLICY).

32.      July 2009 through present time defendant failed to act in good faith and followed the stipulations on the homeowner's insurance policy agreement. Strictly, "under Massachusetts law, in order to void or rescind a policy of insurance or deny a claim based upon misrepresentation in an application for insurance, the insurer must demonstrate that the misrepresentations were made with intent to deceive or that they increased the risk of loss to the insurer." See G.L. c. 175, § 186; Northwestern Mut. Life Ins. Co. v. Iannacchino, 950 F.Supp. 28, 30 (1997); Chicago Ins. Co. v. Lappin, 58 Mass.App.Ct. 769, 773 (2003).  Also see http://www.hassettanddonnelly.com/education_resources_insurance_coverage.asp

                           COUNT # 8          
          FURTHER CONSEQUENCE OF VIOLATING HOMEOWNER'S INSURANCE POLICY AGREEMENT

33.     Defendant must take further notice of the implication of failure to act in good faith and follow the stipulations on the homeowner's insurance policy agreement, and plaintiff correctly put defendant on notice under Rule 93A  per information but unheeded that  action gravely violates, MGL c.93A (Regulation of Business Practices for Consumers' Protection); MGL c.176D (Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance); Massachusetts Regulations, 940 CMR 3 ( Consumer Protection - General Regulations) ; 5th and 14th Amendments to the U.S.  Constitution (Due Process Rights and Procedural Due Process); M.R.C.P. 65; G.L. c. 175, § 186; Northwestern Mut. Life Ins. Co. v. Iannacchino, 950 F.Supp. 28, 30 (1997); Chicago Ins. Co. v. Lappin, 58 Mass.App.Ct. 769, 773 (2003); Northwestern Mut. Life Ins. Co. v. Iannacchino, 950 F.Supp. 28, 30 (1997); Employers'

12

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
Liability Assurance, Ltd. v. Vella, 366 Mass. 651, 655 (1975); Bagley v. Monticello Ins. Co.,

    430 Mass. 454, 458 (1999); Liberty Mut. Ins. Co. v. SCA Servs., Inc., 412 Mass. 330, 336-37 (1992); Government Street Lumber, Co, v. Amsouth Bank 553 So 2b 78 72 (Ala 1989); Keeton v. Bank of Red Bay  466 So 2b 937 940 (Ala 1985); National Security Fire & Casualty Co. v, Bowen, 417 So 2d 179 (Ala 1982); etc
     
                                                                      COUNT # 9


  ADVERSE TREND OF THE INSURERS' NEGLIGENT CONDUCT TO REMEDIATION  
                           
34.     In the history of Mold and Dusty and Toxic Mold and fungal Litigations,

"The Delaware Supreme Court upheld a $1.04 million award to two women whose landlord failed to address leaks and mold problems in their apartments, resulting in asthma attacks and other health problems. New Haverford Partnership v. Stroot, 2001 Del. Lexis 201 (May 7, 2001)... In December, a homeowner settled a mold-related bad-faith lawsuit against his insurer, during trial, for $1.5 million. Blum v. Chubb Custom Insurance Co., No. 99-3563 (Nueces Co., Texas, Dist. Ct.).

                                                         COUNT #10

 DEADLY CONSEQUENCES OF TOXIC MOLD, TOXIC FUNGUS, ETC ON THE LIFE AND PROPERTY OF THE PLAINTIFF, MRS. GWENDOLYN CRANMORE

35.    More Toxic Mold Litigation..

35.a.    The Delaware Supreme Court upheld a $1.04 million award to two women whose landlord failed to address leaks and mold problems in their apartments, resulting in asthma attacks and other health

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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

problems. New Haverford Partnership v. Stroot, 2001 Del. Lexis 201 (May 7, 2001).

35.b.   In December, a homeowner settled a mold-related bad-faith lawsuit against his insurer, during trial, for $1.5 million. Blum v. Chubb Custom Insurance Co., No. 99-3563 (Nueces Co., Texas, Dist. Ct.)."

36.    If the court is not corrupt, now here comes splendid advise for stubborn and heartless business people like Defendant in its deceptive work on handling toxic mold, toxic fungal and in the case cited in the paragraphs above and below, the jury award consisted of $6.2 million in property damage, $12 million in punitive damages, $5 million in mental anguish damages, and $8.9 million in attorneys’ fees. Ballard v. Fire Insurance Exchange (Travis Co. Cause No. 99-05252); Stephanie K. Jones, Jury Sends Message to Insurance Industry in Toxic Mold Case, Insurance Journal (June 27, 2001). Surprisingly, the jury’s $32 million award was not for the plaintiffs’ personal injury claims. The trial judge excluded the plaintiffs’ expert witness testimony regarding causation of the plaintiffs’ personal injuries and thus the jury’s verdict was based on the insurance company’s bad faith and improper handling of the plaintiffs’ insurance claims. Andrews, supra note 2, at 32.

37.    For defendant's  further attention reference to paragraphs below and above, particularly to let defendnat know that vicariously it is  liable for attempted murder if Mrs. Cranmore will  not be alive in the future but should she passes away defendant {"person in-charge") will be charged for murder.  See paras above and  below or Mrs. Cranmore's  personal statement of the ordeal and deadly health problems  which defendant's company has created and dumped her and she is half-way dead and half-way living now.

38.     A major expert corporation Cogent Environmental Consulting  (CEC) is now advising stubborn and heartless business people like the defendant in its deceptive work on Mold and Moisture Assessment, the corporation (http://cogentenviron.com/mold/) said,  "Indoor mold growth is the result of water intrusion and damp building materials. Thorough investigation and prompt remediation protects HVAC systems and air supplies from contamination. Our reports help clients and their contractors achieve more effective and efficient remediation outcomes.  Cogent Environmental Consulting investigates suspect moisture conditions to help define a scope of work for remediation. We collect air, surface, or bulk samples if necessary for lab identification of any mold present. Our post-remediation surveys will assess and verify the efficacy of any corrective actions taken."

14

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

                                                    COUNT # 11

MRS. GWENDOLYN CRANMORE'S MULTIPLE PAINS, STRESS, MENTAL OR PSYCHOLOGICAL  ANGUISH, SLEEPLESS DAY AND NIGHT, LOSS LUCRATIVE BUSINESS, HOMELESSNESS, ASTHMA, SHORT OF MEMORY, EXTENSIVE LOSS OF JOB AND EARNINGS, ETC.

39.       Here under is the personal statement of the insured or Mrs. Gwendolyn Cranmore in midst of multiple  pains, stress, mental or psychological  anguish , sleepless day and night, half dead and half alive, homelessness, short of memory, etc caused by toxic mold, toxic fungus, etc as result of your negligence and heartless business deception:

39.1.    " Prior to the infection of these toxic mold, toxic fungus and other fatal dusty and toxic elements caused by the negligent of the MPIUA, I was healthy, beautiful woman, attractive to U.S. and world entrepreneurs, governmental and non-governmental sectors, etc (see attached my academic and professional qualifications and experiences). The  toxic mold, fungus, etc  affected my talent, smartness, memory and other parts of my senses,  strength and ability to work, my entire body becomes afflicted and across inside and outside me different types of illnesses emerged which affected my appetite and power to continue to live, etc. On the Thanksgiving day my family honored  me as dying member of our family  any moment from now because my body is no longer responding to all medications prescribed by my Physicians and other toxic mold, toxic fungus, etc experts and my outlook now shows that I will die anytime. On this thanksgiving day I was 1 hour late even I check in a hotel 15 minutes away because of memory lost on a gas station i turn in to on coming traffic and loss all ability to remember what i was supposed to be doing , my brother in law school called to find where i was and his son a cop had to direct me step by step to find the function venue which I had attended many times in the past.
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

39.2.  During this process my colidis returned and i had a colon ospopoccy and the found 3 palet wich confirm colidis which i had no sign. i again went on 8 packed of the gludations to rid of it. Since the march storm damage and my encounter wish the mold i am unable to be gainfully employment. i question my ability to perform at my best because pause , studden and forget simple things  like spellings, places, daily routine, etc including that my home was infected with molds , and i went to do a six test for air quality to see the dept. of mold.  I have attend several therapies and as honor student in English Language, I found that these illnesses caused by these toxic mold, toxic fungus, etc have damaged my English and other languages and my writing and speaking goes rapid up and down and very poor as if I am now in K. or grade 1.

39.3.   I send me mail to SFMe adjuster ane pla asking for help 8 money that i paid to security so that  i can go for mold test they refused butnever told me i had $10,000 .00  mold endorsement in my policy. I did not know the level of mold that was in my home form the major water damage the occurred from the March . I expected the PLAI  to inform me of my illnesses but they continued to hide and obstruct such important information which could have saved my life.

39.4.  March 12-13, 2010 storm rain water:
39.5.i. April i was getting sick when the mustly and woke up at night coughing and spitting when the heat was on  so i stop patting to prevent the iworeud develop of molds and stop sleeping in the home wait to home the iws deal with the water damage . i begin to develop asthma , ishing rash, white and black spots all over my body including my face 6 my doctor.
16




GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

39.5.ii. l visit to doctors to find what was wrong , who wrote a letter to MPIUA demanding the deal with the poor air quality in my home due to the unattended March 2010 storm rain water damage .

39.5.iii.  Nothing was done as i continue to  live out of the home at my home expense i notice that i by july i begin to notice that i was having problem concentrating and work with my staff scheduling and having headache i spots on my skin continue to enlarge and break out plus i visit my doctors which a blopsi was and it show some irregularity with my immune system.

39.5.iv. I complain to complain to PLAI  and SFMe about the development of my sickness to no avail. SFMe even encourage me to move back in my home saying nothing was wrong . March to August 2010 nothing was done about waren remediation of my home by IWS come.  No estimate no proposal not inspection to th eroof on bathroom area on basement . The damage was ignored They denied this damage and in bad faith they claimed  ground water but there after they changed their denial and accepted the reality of the March/August 2010 rain storm damage. but too late I am already moving towards my death.

39.5.v. I research mold contamination and found the amount of mold i was exposed was toxic and deadly and only a protien call glututione can help in detoxing it from the body . i took glututhion which oven a period of 18 months beginning to bring some relief to me. it costs me over $900.00 month using this product consuming 8 pages per day the first 6/day the 2nd snd four package the month and 4-2 package until now so from july 2010 - present which is 2.2 years i
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

consume 30 in 4 days in july = 240 pkg which 8 box of 30 as $150 Aug = 6 box ,
Sep 4 both

39.5.vi. September to now 2x4 per even after all these supplend i had to quit me bussiness compassionate care nursing alliance due to the irritable , confusion , asthma , ability to focus , contrade to that i was inability to remember where i was at certain time and with difficulty of memory I was able to get back to my milton home after missing my way which took for over 30 years with ease prior to these illnesses . I spend several in my drive way and slept in my car and not knowing where to go , who to go to who are even neighbour and  family members . This was sometime during the bitter cold winter . in July 17 i was involve in a car accident in Milton which the car turn over and when i crawled out i could not even remember how to call 911 and wander on the street for several hours even thought i was block away from a client i was working and could have gotten help.

39.5.vii. April 3 move out of home due to asthma June letter telling to clean air quality so thta i can move back oct 17 and nov they gutt out basement flood with 3300 count of deadly air bound molds they went in to do mold remediation instead the only gut out the molded basement and did not protect my upstair nov 13 get mails and was air care confront with molds i call in expert to find what was wrong and found out.

39.5.vi. Feb fire i did not claim insurance because i was in the process of remodel for VA program foster income $7-10,000 after march storm damage home i lost my program for senior home in which i made a $500- 5,000 weekly 24x2x16
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
                                                        4x16
                                                        50x160
                                      ________________
                                                      300
                                               x         7
                          ______________________
                                            5300x 4
                                  __________________
                                      14,200

39.6.   Being  elderly SFMe taught I was the least able to fight back SFMe employ the common and pervasive use of fraudulent deceptive practices to intentionally and illegally deny and withhold proper payment of my legitimate claims, simply to increase their  profits and incentive for their own personal gains.  SFMe adjusters knowingly victimize, use harassment, abusive, squeeze, stall and deny tactics to intentionally increase and add overwhelming hardships upon me, ultimately with the intent of rendering me weak, powerless, and many penniless, adversely affecting, devastating and ruining my   life  and with   the intention and objective of getting me to go away without collecting on my claimSFMe plan was to ruin my life as I knew it by taking deliberate despicable and ruthless actions have had devastating effect on me, hoping to leave me destitute, homeless and for a brief moment thinking of ending my life or ever.

 39.7.   unfortunately I live in very different times where I repeatedly hear about  senior  being targeted, taken advantage of or forgotten. I will not be one of  I deserve better if not the best protection with no surprises especially at this point in your life. .As a  senior I deserve the best not the worst and being denied worngfully coverage because of MPIUA breach of contract, bad faith practices and non-payment of their claims,  has cost me  everything,   especially the loss of the peace of mind that I thought I had when I purchased my homeowners policy, with full replacement value

39.8.    At the time of my loss, I was in the process of repairing my bad credit.and MPIUA and SFMe took advantage of my financial hardship and credit situation as a device in their decision-making process to
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

denied my claim and make unfair settlement  offers.

39.9.   MPIUA need to reverse the ground water seepage and sewer backup denial to prevent future claims about this property sitting within a location that is visibly prone to flooding and sewer-backup which can force me to have a higher deductible.

39.10.   Placing my property in a flood prone location and my basement bathroom susceptible to sewer backup will be a deterrent for renewal of insurance.  MPIUA has set the stage for non renewal of my homeowners policy by claiming, in Aegis Mold report, that my property is in bad condition that include a damaged roof, a plumbing system, leaks and water seepage, when their property inspection in August of 2009, six month before the March wind storm pass inspection for renewal, as well as several inspection within the last few years did not deter MPIUA from renewing coverage.

39.11.  I am the owner and the policyholder of the above listed property.  I have been living at this property for over 30 years.  As of March 2010, my whole life is like living a nightmare, due to the three days continuous hurricane wind/hail storm that came through MA and damage my home.  I am a hospice caregiver and the first night of the storm, my relief staff did not relief me due to the state emergence-banning non-essential off the roads there fore I worked March 12 &13 and came home on march 14th.     I did call my next-door neighbor to inquire about the condition of the storm in the Milton area, and how my home was holding up.   He did mentioned that a huge tree trunk from my yard hah fallen on his wooden fence and the damage was minimum.

39.12. I began home on the march fourteen to find shingles and tree branches all over the driveway.  I notice that the rear enclosed porch windows were broken and water had entered the basement area.  I also saw water on the rug in the hallway by the basement and in the bathroom flooring.  This had never happen before.  In the kitchen there were water every and some water were in the two first floor bedroom, mainly the master bathroom in my bedroom.

39.13.   I could not see where the water in the bathroom came from because the ceiling dark green tiles. I started the remain process right away by plugging in two dehumidifier and as soon as the State Emergent was lifted and business were open.  I called Sandy on March 15. 2010 and submitted my claim.

39.14.   Fairplan accepted my claim and assigned Samuel F McCormack Adjusters to my claim.  Mr. Fischer from out of town came to inspect my home on March 31 2010.

39.15.  At this time of of post March 2010 rain storm, defendant designed secret agent time that came to my home covered as neighborhood friend which was rare in Milton where non-whites are not allowed to purchase and live. During this suspected walk-in  the secret onlookers may have completed their job.  During defendant late inspection after the harm has been done against my life and property the defendant's secret agents gave information on minor fire incident which was too small and irrelevant to report  was over blown beyond the size of the actual fire incident in my kitchen and

                                                                   20


GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
defendant criminally  tied water and fire together to waive and defuse the March 2010 heavy rain storm which brought water into my home and because of the irresponsibility of the defendant to intervene timely, the water soaked part of my home and brought dusty and toxic molds, fungal, etc into my home which affected and infected my life and property.

39.16.   Mr. Fischer then turn his focus from inspecting the water damage and asked me to submit a claim for the fire so that he can proceed both the fire and water at the same time.  You see I had reported the fire damages to  Sandy, my agent at Lee Insurance and  asked her not to enter a claim until I can find out the cost to repair the damage.  Also I had plans to extend the kitchen to the rear enclosed porches  since I have probles with water entry through the windows  during really bad hurricane and  storm.  I really was not concern with placing a claim for the fire damages.

39.17.    I explain this to Mr. Fischer and told him that I was really concern about the water damage to my home, because this time the water intrusion was excessive.   You see,  fall tre branches and trunk fell and penetrated my rear side of my roof, damaging the slylight.  Water intrusion caused damage to  my two first floor adjacent bathrooms and the basement bathroom and hallway below.

39.18.   Adjacent to the first floor bathrooms is the kitchen and water intrusion made it way through the kitchen ceiling  into the cabinets, walls, countertop and  onto the flooring underneath the cabinets and kitchen sink.

39.19.   Because the rear enclosed porch  and first floor kitchen are adjacent to each other and both is above the basement/daycare area, water intrusion from the roof found it’s way into the basement/ daycare area below, flooding the walls and damaging the daycare contents and rug.  

39.20.  I had just done major remolding and designing to the daycare in 1999 and then in 2007 by gutting out the whole basement to stud to redesign,  the space, adding an infant room, and a lunch/activity room with new floor and walls cabernets.  I even received the ‘Woman of the year Award” from Business and Profession/Boston for the quality of my daycare progrom.

39.21.   Or to take care of my dying client, I am a hospice  CNA .  The march windstorm came and I am continuing to do my best to navigate through the insurance claim process,  to document my loss and cooperate with MPIUa reaching a fair and full settlement. I am  writing to request the following extension(s):

39.20(1) The “Suit Against Us” clause: Please confirm that you will “toll” the “Suit Against Us” clause while our claim is open, and that you will not enforce the that clause until one year after you have informed us in writing that you have completed the claim adjustment process and/or closed our claim;

39.20(2) The two-year deadline to repair/replace property in order to collect full replacement
21


GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

value. Please confirm that you will grant us an extension of time to make or complete replacement cost claims to at least two years and three month from the date of loss;

39.20(3) ALE/Loss of Use benefits: Please extend our ALE/Loss of Use Benefits from one year to two years and three month  (fill in the amount of time that you think it will reasonably take you to complete repair/replacement).

39.21.   I wrote to the defendant and I said, 'Thank you for providing a written response to the above request(s) within one week of the date of this letter'. The above claim a are active claims with unfortunately I did not have the support and help and finance to engage the professional that can assist me in processing my claims  I am aware thet my insurance policies contain time limits and deadlines that will cut off my rights to collect benefits and exercise my legal rights in the above claims.and   requirements for  me to repair and  replace property damages within a certain acertain time  after my  losses in order to recover full replacement value. Qqnd  ALE (Additional Living Expense)/Loss of Use benefits.

39.22.   Unfortunly I engage Professional loss Adjuster to assist me with the claim process and to understand what type(s) of time-related deadlines are imposed.   Mike salvie, my private adjuster, stayed nind months on my dlaim, and according to Robert McCormack did nothing, not evening submitting an estimate, then resigning, making it impossible for me to engage another private adjuster to help me meet one or more of my claim deadlines.  

39.23. These settlements  are included:

39.23.a.  February 8, 2010 Kitchen Fire  

39.23.b. March 15, 2010 Basement Wind and rain storm Losses          

39.23. c.     settlements are not included:

39.23. c.i.    March 15, 2010 Basement Water Loss,

39.23. c.ii.             August 2010 expanded and other rain and wind storm   losses

39.23. c.iii.       Assorted property loss damages presented by the Plaintiff in opposition to defendant's falsified loss claim imposed on the plaintiff;

39.23. c.iv.   Punitive damages;

39.23. c.v.      Mental Anguish damages;
22

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

39.23. c.vi.              Attorneys’ fees;

39.23. c.vii.              Endless medical or healthcare bills to dusty/toxic mold, fungus, asthma, etc

39.24.   This claim was denied on April 16, 2010,   based on fallacious claim of an unknown “ground water intrusion”.  March 2010 heavy rain storm which rift off my roof and brought heavy water into home and this the origin of water in my home because during time to time visits of the bank and MPIUA TO MY HOME if there was water in the basement and other places, the insurance and bank  would have seen the water.

39.25.   I had a land surveyor do a walkthrough of my property at 631 Blue Hills Partway a week ago and upon his observation he is will to provide evidence in the form of a topographical map that will prove there can be no water intrusion to me home, base on the structure, the foundation and the way it is situated.

39.26 August 25, 2010 Bathrooms Water Loss

39.26(1) Mark Leventhal promise to have RebuildRx include in this claim as part of their assessment and evaluation on February 8, 2011.  It was not done.  Mark Leventhal lied on the phone to us.

 BACKGROUND

39.26(2) I made a claim on March 15 2010 under my homeowner’s policy, which MPUA that subsequently denied on April 16, 2010 based on “ground water intrusion and sewer backup”.  It is my argument that:

39.26(3)  I had an certified engineer and land surveyor do a walkthrough of my property at 631 Blue Hills Partway a week ago and upon his observation he has provide evidence proving there can no ground water intrusion to my property, base on the structure and the way my property foundation it is situated.:

39.26(4)  I, Gwendolyn Cranmore, am the owner and the policyholder of the above listed property.  My building and contents are insuring under Massachusetts Property Insurance Underwriting Association (MPIUA), Boston MA. I have been living at this property for over 30 years and it is my claim that the exterior of my property was damaged in a three days continuous hurricane windstorm on March 12-14, 2010, which resulted in water intrusion to two separate sections of my properties interior.

39.26(5)   After two years of trying to settle my claim in good faith with MPUA, I was force to file a lawsuit against MPUA on February 7. 2012 in Massachusetts Suffolk Superior Court, to protect my rights in this law suit, I am asserting the following causes of action:
23

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
39.27. Breach of contract:

39.27. MPIUA/SFMe breach my contract when support my public adjuster to authorized ServiceMaster early November, 2010 to gut finished surfaces in the rear basement day care room (down to framing) to remove the evidence of the damage walls from the March 2010 windstorm releasing 3300 counts of air bound molds to be contaminate my whole property, causing my great health risk and harm. All laws, facts, argument, etc will be incorporated in support of this amended complaint.

39.28 Agree to pay ServiceMaster insurance funds for fraudulence practice: ServiceMaster either before or after “gutting my finished surfaces in the rear basement day care room (down to framing), releasing 3300 counts of air bound molds, saw it in my best interest to cleaning this highly mold contaminated environment, the upstairs of my home for smoke damages, when there were no visible smell of smoke present at the time that process a treat to me or anyone..

39.29 ServiceMaster and SFMe knew I could not benefit from. Said work, but knew that the newly release mold were deadly to my health and well-being.  Both SFMe and ServiceMaster were aware that I was allergic to molds and that I visited my home periodically to pick my mails and no one notified my of the dangerous molded environment that now exit.

39.30.  Service Master left the bathroom area untouched despite obvious damages/mold to sheet board in this portion of the basement, because this portion of the March windstorm claim was ignored by MPIUA/SFMe and not address in claim 274179.  In addition, ServiceMaster was not authorizing at this time to perform mold remediation work. Please reference ServiceMaster's attached December 16, 2010 letter that provides further details.

39.31.            BAD FAITH SETTLEMENT PRACTICES

39.31(1)  MPUA violates my right and all the elements of my claim for settlement practices by Fabricating a “ground water seepage and sewer backup” cause for denial, in order to cancel out my valid windstorm claim that was approved by FEMA, so that they can refusing to pay my valid claim# 274174:

39.31(2) MPUA violates my rights when their insurance adjuster, Harry Fischer insisted that I report as a claim,  a previous fire damage he discovered while he  were inspect the March wind/storm claim on March 30, 2010.

39.31(3) Acknowledging my valid August 2010 rainstorm claim and closing it without and inspection or an explanation

39.31(4) MPIUA/SFMe try to force me  into signing a  Proof of Loss for claim # 274179 and accepting settlement/enclose proceeds check(s), claiming that starting piece-piece work to repair the damage home will not waive my rights to further dispute and/or negotiate an additional amount as to the value of my loss, while the bathroom, kitchen basement, porch and the property exterior damages were
24
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

not included / reflected in Settlement offer as well as the location of damages.  

39.31(5) MPIUA must rewrite/correct claim# 279174 settlement offer to reflect the true damages caused by the windstorm on March 12-14, 2010 by the windstorm, MPIUA must begin in good faith to end-up in good faith.  I cannot accept a fraudulent settlement #274179 and expect a good faith result:  It is Breach of my contract and bad faith practice for MPIUA.  .

39.31(6) To denied my claim# 274179 on March 16, 2010 without providing valid proof to support their denial, while ignoring my expert document proving otherwise.


39.31(7)   Hire Mold experts nine month later on December 6 to inspect my home for the damages caused by March 12-14 2010 windstorm:

39.31(8)  Created a fictitious settlement for claim # 274179, reflecting only partial damages while omitting damages to the kitchen, my three bathrooms, the enclosed porch and the property exterior.

39.31(9) Misrepresent and understate the damages incurred in March 12-14 2010 windstorm loss and then take the position that any  “ ‘undisputed payment’,  is made in good faith, in an attempt to provide me proceeds as soon as possible even though the total value of the loss under the applicable coverage(s) may still be in dispute”.

39.31(10) Misrepresent and understate the location of the property that said damages occurred  and then take the position that any  “ ‘undisputed payment’,  is made in good faith, in an attempt to provide me proceeds as soon as possible even though the total value of the loss under the applicable coverage(s) may still be in dispute”.

39.31(11) Misrepresent timeframe and understate and cause of loss my property  and then take the position that any  “ ‘undisputed payment’,  is made in good faith, in an attempt to provide me proceeds as soon as possible even though the total value of the loss under the applicable coverage(s) may still be in dispute”.

39.32 UNFAIR OR DECEPTIVE TRADE PRACTICES.

39.32(1) Fabricated claim# 274179 by creating their own cause, period and damage occurred, March 15, 2010 and ignored the actual and physical damage to my property that relates to the windstorm claim I reported for damages to my rear roof rear-enclosed porch by fallen tree limbs.

39.32(2) MPUA acted in bad faith concerning claim#  274179, when they willfully and fraudulently:

39.32(3)  Misrepresent Type of Loss and its true cause that is the two back-to-back windstorms that slammed the region of Massachusetts on March 12, 2010 lasting a period of four days, causing record
25
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
amounts of rainfall and windstorm property damage.

39.32(4)  Ignoring the severity of my claim  274179 property damages and falsely denying it  without providing any factual evidence, physical or expert proof to support the findings.

39.33 CRIMANAL CHARGES:

39.33(1) ServiceMaster the illegal actions of bad faith, release 3300 count of air bound molds in my home, knowing that mold was deadly to me., MPIUA and SFMe know that even if they deny and don't pay my claims, one thing is certain, I will die sooner or later, and being exposed to thirty three hundred of deadly air bound mold, will surely kill my sooner than later and when I die so too does my claim go away without being paid.  In my case and more so because of my age.

39.33(2)  Hiring expert Aegis Engineer, nine month after the loss, who claim in their expert Mold Report that “It is our understanding that the insured's basement also flooded from surface water and groundwater intrusion in March 2010.”  This understand came from an email that was sent to them by Revert McCormack before my property evaluation, that clouded their judgment and the outcome of the inspection which is very evident , bias, lack integrity and favor MPIUA.

39.33(3)  Hiring RebuildRx to perform a property inspection claim  # 274179 over  a year after the loss occurred  and withheld the key vital information listed below for the sole purposed misrepresented the truth clouding their judgment during my home inspection and producing unfair and  false report that favor MPIUA:

39.33(4) “two widely publicized windstorm back to back windstorms that slammed the region of Massachusetts on  March 12, 2010 lasting a period of four days, causing record amounts of rainfall,  collapsing power lines, uprooting tree and bring down tree trunks and limbs, stripping roof  shingles and flooding basements .

39.33(5) Water intrusion associated with fallen tree limb penetrating my rear roof and breaking my rear enclosed porch windows caused severely flooding to my upper and lower rear area of my property, damaging my three upper and lower bathrooms directly underneath the damage roof, my basement/daycare underlying the porch area and my first floor kitchen adjacent to the bathroom and the porch.

39.33(6) MPUA acted in bad faith when they falsely denied my March 15, 2010 Wind/Storm Claim on “ground water seepage and sewer backup”, without providing physical proof of ground water seepage and sewer backup in my home. "
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

                                  COUNT # 12

MAJOR CAUSE OF THE  FURTHER EMERGENCE OF WILD TOXIC MOLD, TOXIC FUNGUS, ETC ON THE LIFE AND PROPERTY OF THE PLAINTIFF, MRS. GWENDOLYN CRANMORE AND THE PROWL TO INFLUENCE MRS. CRANMORE'S ATTORNEYS, REPRESENTATIVES, ETC.

LOSS CLAIM #  3  August 25, 2010  Rainstorm


40.    On August 22-24, 2010, according to the Blue Hill Observatory and Science Center, “an
unusual continuous three day rainstorm unload 7.3 inches of rain in Massachusetts, the second biggest rainstorm on record for the month of August causing more water damage to my home and added to the pool of water in the basement which was caused by March 2010 Rain storm. (See Loss Claim #1).


41.  Plaintiff and another witness Mr. David Grijalva  were again thankful that this loss was occurring in a new insurance policy year, 2010-2011 (See exhibit #___ HO Policy 2010-2011) Mr. Grijalva and Mrs. Cranmore were monitoring her home through the duration of the rainstorm and on August 25, 2010, Mr. Grijalva discovered water intrusion from the point of entry of the repaired roof from the March 2010 storm and the water damages duplicated the same sections.

42`.     Highly hit are the master bathroom ceiling, walls and flooring; main bathroom wall adjacent to the master bathroom and a portion of the ceiling;  the section of the kitchen adjacent to the bathroom and enclosed porch; the ceiling, walls, cabinets, countertop and flooring; the basement bathroom below the master and main bathroom, ceiling, walls flooring.
In five months, this was the second time the exact water damages occurred to my property,
where the point of entry of the water was the same area of the roof damage by the March storm.

43.   Up to this point or the foregoing , MPIUA, SFMe and Professional Lost Adjuster Inc., PLAI had all ignored the March 2010 water damages, which were very visible and MPIUA and Defendant's  March 2010 claim #297174 was falsely denied on fake claim  of ” Ground water seepage and sewer backup" and at this time they have reversed this claim.


44.   For the second time in five months, Plaintiff and her unstable representatives and attorneys influenced by the MPIUA started the drying out process, pumping water off the porch and suck-up water
27
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
in basement. The two dehumidifiers in the basement/daycare and
bathroom areas were already running 24/7 since the March 2010 storm, and they continue to
run as to date. Evidence of the  March 2010 remediation will be incorporated in support of this  amended complaint

45.   Mrs. Cranmore's  contractor, Mr. David Grijalva advised her not to rehire PLAI, as the private adjuster for the August 2010 water damages, due to their poor handling of her  March 2010 claim #274179. David called Petro celli Public Adjusters, Inc and Mark Petro celli came to her house (631 Blue Hills Pkwy Milton Ma 02186)  and they came immediately to inspect her  August rainstorm damages. On August 25. 2010 she  hired Mark Petro celli, from Petro celli Public Adjusters, Inc, who inspected her roof and the entire interior area of her home that was damage from the rainstorm. He took many pictures of the water damages bathrooms, kitchen and report will be disclosed and request it be entered as Exhibit.

46.   During evaluation of the exterior and interior to Mrs. Cranmore's  property, she  told Mr. Petro celli that the 2010 August rainstorm damages falls in a and she give Mr. Petro celli a copy of her MPIUA 2010-2011 insurance policy #1087817-8. Both Mr. David Grijalva and Mr. Petro celli insisted tha  t she  leaves everything to them.

47.   Petro celli Insurance Adjusters thoroughness during the inspection of her August 2010 rainstorm damage.  They continued the drying out process of her property and waited for MPIUA to assist her through the rainstorm claim process without assistance in majority of the plea.

48.     On September 1, 2010 Mrs. cranmore  received a letter dated from MPIUA acknowledging the August 2010 rainstorm and a letter dated August 31, 2010, from SFMe assigning Daniel lee as the adjuster. As of September 10, she did not hear back from Mark Mr. Petro celli concerning her claim. MRS. Cranmore telephoned him on March 13 and spoke with the secretary, who informed her that he will be calling her soon.


49.    On September 19 2010, for no just reason other than moneyed prowl staged by MPIUA, Mrs. Cranmore  received Mr. Petro celli's resignation letter, dated September 16, 2010, informing her “to pursue or redraw her August Water Loss claim”, they submitted to MPIUA, “without his assistance”. He claims in the letter, that the August 2010 damages he observed, “Appears to duplicate a portion or portion of a pending claim(s)”, and further that  she is  “under contract with another public adjuster, Bob Gillette of Professional Loss Adjusters, Inc. in handling it”. Petro celli's  resignation letter and other material information will be incorporated in supported of this Amended Complaint.



50.     Mrs. Cranmore received a letter dated September 1 2010 from MPIUA acknowledging the August 25, 2010 heavy rainstorm. During her August 2010 legitimate rainstorm claim, MPIUA had influenced her Petro celli private adjuster to resigned from her case by claiming that the damages incurred are duplication of claim #274179 that is currently under investigation and being represented by purported private adjuster Robert as if March 2010 is same month as the month of August 2010. Mrs. Cranmore told MPIUA that Petro celli claim# 274179 is  legitimate but widely ignored, but was still deny on April 16, 2010 and was currently closed without reason, but he refused to honor the contract he made with her and resigned from her loss claim case at  631 Blue Hills Pkwy Milton Ma 02186.

28
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

51.  Until Dr. Phillip Ofume & Associates listed below were issued POWER OF ATTORNEY, Defendant has from time to time  made several attorneys, representatives and others working for Mrs. Cranmore to resign and defendant made it impossible for her to find a professional to assist her with her loss  claim process to the extent that  August – October no action was taken by Robert Gillette or MPIUA to resolve either the March or August 2010 claims. She  was so disgusted with Mr. Gillette performance with her claims that her  request that he resigns also, but he refused because of the obstruction of justice counseling of MPIUA, he st arted threatening Mrs. Cranmore with fee liability and instead Robert Gillette turn her claims over to his associate Michael Salvia without her permission and without Mr. Salvia signing a new contract with her.

52.   Then nine Months had gone by, and the toll of claim process was having negative effects on her health and defendant and its Associates  were informed about this encroaching danger but they remained irately demi god and above the law because they believe in white privilege and ownership of the United States, this Black woman must be killed and her property used as converted personal profits to MPIUA and Associates. Defendant and Associates extended their satanic power to dividing and ruling  Mrs, Cranmore's nuclear and extended families to enable them fully disdain her and her loss claim dumped. Evidence of the multiple Health and other concerns  will be fully incorporated in support of this amended complaint.


53.    In November 2010, Sigmund Cranmore, Mrs. cranmore's  son, wrote a letter to SFMe  threatening to expose their unfair practices against Plaintiff to the Politician and the media(  letter incorporated) and for the first time some form of action concerning her claims began because of fear of exposure purpose of national and international public interests.



                                 COUNT # 13
COMPLIANCE WITH THE RULE OF THIS COURT, M.R.C.P. & M.G.L., AMENDED SECTION 9 CHAPTER 93A TO AMENDED COMPLAINT

54.          The obstructive action of the Defendant and its Associates stated above led to these amendments.  The unwarranted resistance to act lawfully caused the harms against the life and property of the Plaintiff.

55.        Under the provisions of Section 9 Chapter 93A, Plaintiff  provided Defendant with the opportunity to make a written offer of settlement of this claim and loss claim within 30 days but unheeded.

56.      Also time to make a good faith offer of settlement in response to this request, or Plaintiff will move without further notice to institute legal action, and advice that a court may award Plaintiff double or triple damages, attorney’s fees and costs if the court finds in Plaintiff's  favor.  We may be reached at the
29
GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522
address written above, or at the phone stated  between the hours of  9.00 a.m. and 6.00 a.m. we  look forward to hearing from you.

F.                    CONCLUSION/RELIEF

57.    Brief  particulars of the business relations between the Plaintiff and Defendant  are stated in paragraph 12 above and claim by type  of losses is also mentioned in paragraph 12 above and they include fire damage;  March 2010 and August 2010 rain/wind storms losses.  After the hearing  in July 2012 when Dr. Phillip C. Ofume & Associates  filed several oppositions particularly pursuant to 5th and 14th Amendments to the Constitution and Bill of Rights of the United States, etc  with this Court and  the Hon. Commissioner of MPIUA and followed by  the  Order of The Hon. Presiding  Justice  when he (Judge) Ordered that parties  return to mediation, Defendant relaxed some of  its position  based on unwarranted censorship on several claim losses  such March 2010 and August 2010 rain/wind storm claim losses.

58.       After  Dr. Phillip C. Ofume & Associates reviewed 2009 – present over 10,000 pages of documents in this case , they (“Dr. Phillip C. Ofume & Associates”) recommended amendment of majority of the documents written/filed for and on behalf Plaintiff by her Attorneys, Adjusters, and other representatives.    

59.      Restating in conclusion that the defendant arm twisted Plaintiff and did what defendant could not have done if the Plaintiff was White. In absolute abuse of the 5th and 14th Amendment to the Constitution of the United States of America, Defendant presented Loss Claim from the defendants personal interest and barred Plaintiff from putting her own Loss Claim on all the negotiation tables.

60.     In part  other omitted Loss Claims for the Plaintiff are  assorted property loss damages presented by the Plaintiff in opposition to defendant's falsified loss claim imposed on the plaintiff will be approximately $550,000.00 (FIVE HUNDRED AND FIFTY THOUSAND DOLLARS);  Punitive damages, $10Million (TEN MILLION DOLLARS); Health and Mental Anguish damages (including endless medical or healthcare bills to dusty/toxic mold, fungus, asthma, etc), $20Million (TWENTY MILLION DOLLARS); Attorneys’ fees  $1.5 (ONE MILLION FIVE HUNDRED THOUSAND DOLLARS) and such claim court deems appropriate.
30

GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

Respectfully submitted,
LIMPT, INC. (HUMAN RIGHTS, LAW REFORM & LITIGATION PROJECT - INTL. CHAPTER)

____________________

Phillip C. Ofume, Ph.D.
 International Coordinator (Strategic  Policy/Practice                                                                                                                                                                                                   of Politics of Unification and Unifification Politics), U.S. Coordinator (                                                                                                                                                                            LIMPT, INC. (HUMAN RIGHTS, LAW REFORM & LITIGATION                                                                                                                                                                         PROJECT - INTL. CHAPTER)

Godson Etiebet, Ph.D.                                                                                                                                                                                                                                  Researcher on Policy/Practice of Good Government

Cynthia H. Taylor, Ph.D.                                                                                                                                                                                                                             International Collaboration Developer

Alh. (Dr.) Farruk Mohammad - Strategic  Policy Researcher

Tan Ochollu, D.Lit. - Expansion  Project Developer

Reid MacDonald, Ph.D.   -  Strategic Program Developer

Kris Kifindi Bunkheti, Ph.D.  Unification Policy and Practice

Jerome Tesfai, D. Min/Div   - Domestic Intervention Strategist
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GWENDOLYN CRANMORE V. MPIUA  DOCKET NO. SUCV 2012-00522

Francois Bourgeois & Pierre Bushel - International Human Rights                                                                                                                                                                          Watch and Democracy

AFRICAN CANADIAN HUMAN RIGHTS ASSOCIATION (ACHRA);
NETLINK INTERNATIONAL COMMUNICATION SYSTEM (NLICS);
INTERNATIONAL CAMPAIGN FOR NIGERIAN PEOPLE’S LIBERATION AND
DEMOCRACY(ICN-PLD); OIL AND CHEMICAL WATCH INTERNATIONAL (OCWI);
AFRICAN CANADIAN IMMIGRANT SETTLEMENT ASSOCIATION (ACISA);
INTERNATIONAL NETWORK FOR PEACE AND DEVELOPMENT IN AFRIK (NIPAD).
LIMPT, INC. (EDUCATION AND WORKFORCE PROJECT ET ALS)
MOVEMENT FOR EMANCIPATION OF THE NIGER DELTA (MEND)
INTERNATIONAL MOVEMENT FOR NEW FEDERAL UNION OF NIGERIA (IMUN, INC.)


cc.  Gwendolyn Cranmore


                                                                      32



Contact Information:

LIMPT, INC. & IMUN, INC. PROJECT (EDU., HUMAN RIGHTS, INSURANCE CORP.,                                                                                              LAW REFORM & LITIGATION PROJECT - INTL. CHAPTER); INTL. COALITION                                                                                                                FOR PRO SE/UNSIGNED  LAWYERS & GLOBAL CLASS ACTION PROJECT; INTL.                                                                                                    ENDOWMENT FOR DEMOCRACY, FOSTER/ADOPTIVE/ ORPHANAGE & CIVIL LIBERTIES                                                                                                                                 c/o Dr. Phillip C. Ofume & Associates
41 Gallivan Blvd
Dorchester, MA 02124     OR                                                                                                                                                                                                                                P. O. Box 2416
Lynn, MA 01903
Tel.  857-266-2253/781-479-9027
E-mail: limptintinc@gmail.com or
globalaids_hivcureinteraction@yahoo.co.uk or
humanrights.researchgroup@gmail.com









CERTIFICATE OF SERVICE

I,  Dr. Phillip Ofume certify that a true copy of the PLAINTIFF’S AMENDED COMPLAINT was served up on all parties by  U.S. Postal Service first class mail or Hand Delivery on September 28, 2012 at:  
                                                                           
 
. Mr. William O. Monahan
MONAHAN & ASSOCIATES , P.C.
113 Union Wharf East
Boston, MA 02109

Mr.  Edward M. Phelan
Counsel to the Commissioner
Massachusetts Division of Insurance
1000 Washington Street - Suite 810
Boston, MA 02118-6200

Clerk, Civil Action
Suffolk County Superior Court Department
Suffolk County Courthouse , 12th Floor
Three Pemberton Square
Boston, MA 02108



 _______________
 Dr. Phillip Ofume    


Date:   September 28, 2012

                                 


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