Plaintiff persisted in his refusal to provide certain records, including his tax returns, and continually rescheduled the accountant's review of his records. Ryan corresponded with plaintiff's counsel over a four-month period. State Farm also authorized Ryan to retain a forensic accountant to review plaintiff's financial records. Some of that information was not provided, and in November of 2010, State Farm retained Attorney Timothy Ryan to assist in obtaining plaintiff's financial records. Scott Hedges, State Farm's claim administrator, requested financial information from plaintiff's counsel. State Farm also learned that plaintiff owed the Internal Revenue Service approximately $391,000 in back taxes. State Farm's investigation revealed that plaintiff operated a restaurant in Coshocton, Ohio, and was in the process of constructing a new restaurant in Sunbury, Ohio. In light of the information that the fire was arson, State Farm began investigating plaintiff's personal and business financial situation to determine if plaintiff's finances would provide plaintiff with a motive to commit arson.
Specifically, State Farm learned that, contrary to the representations on the policy: 1) plaintiff was not the owner of the insured residence at the time the policy was issued 2) plaintiff had sustained a loss within five years of the issuance of the State Farm policy when his personal property, located in an apartment above his restaurant in Coshocton, Ohio, was damaged in an arson fire in 2006 and 3) Nationwide Insurance had cancelled a homeowner's policy on the residence within three years of the issuance of the State Farm policy. State Farm also learned that certain information provided by plaintiff for the policy application was false. State Farm learned that the night before the early-morning fire, plaintiff had checked into a motel located within a few minutes of the house. During the course of the investigation, plaintiff made inconsistent statements to State Farm investigators concerning his whereabouts at the time of the fire and his cell phone coverage. State Farm's investigation revealed evidence that the fire, which originated in the basement of the house, was the result of arson, and that an accelerant was used to start the fire.
On August 18, 2010, a fire destroyed the residence, and plaintiff filed a claim with State Farm for the loss. Policy Number 35-BL-G460-9 was issued effective March 6, 2009, and was later extended on March 6, 2010, with an expiration date of March 6, 2011. Plaintiff made his application by telephoning the office of State Farm agent Joni Stanton. On March 5, 2009, plaintiff applied for a State Farm homeowner's insurance policy for the residence located at 12377 North Old 3C Highway, Sunbury, Ohio. The claims are based on State Farm's cancellation of a homeowner's policy it had issued to plaintiff and State Farm's refusal to pay a claim made by plaintiff after a fire damaged the insured residence. Joseph asserting claims for breach of contract and bad faith against defendant State Farm Fire and Casualty Company ("State Farm").
This is an action brought by plaintiff Namon W.
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