Monroe County residents Christopher and Melissa Kalbfleisch have sued State Farm Fire and Casualty Company for breach of contract, unreasonable delay in settling the couple’s claim and refusal to pay on the claim without “reasonable cause or excuse.”

In the lawsuit filed June 26 in Monroe County Circuit Court, the plaintiffs allege State Farm has unjustly denied payment for “significant damage” sustained to a house in Kimberling City, Mo., owned by the plaintiffs and insured by State Farm.

The filing claims Monroe County has jurisdiction in the matter as the State Farm agent through whom the insurance policy was issued conducts business in Monroe County, and it is where “significant transactions that are the subjects of this suit occurred.”

The property in question was damaged in a July 14, 2023, storm, although State Farm has allegedly “repeatedly failed and refused, and continues to fail and refuse, to pay plaintiffs the sums to which they are entitled under the policy.”

The Kalbfleisches are seeking damages in excess of $50,000 for the alleged breach of contract. 

The second count of the lawsuit claims State Farm initially denied the plaintiff’s claims based in part on a report compiled by a contractor hired by State Farm.

The filing alleges that report “contained significant and clear defects, errors and omissions.”

On Sept. 24, 2024, the plaintiffs then provided a report composed by a certified engineer to State Farm  which stated “significant losses” were sustained to the house as a result of the 2023 storm.

On Oct. 15, 2024, State Farm once again denied the claim, “asserting that only minor damages below the policy’s deductible were caused by the weather event,” the filing states.

For the second count, the Kalbfleisches are seeking an amount “not to exceed” either $60,000, 60 percent of the amount to which a court or jury finds they are entitled or “the excess of the amount…which (the defendant) offered to pay in settlement of the claim prior to suit,” plus court costs.

The third count alleges violation of Missouri state statute which allows additional damages to be awarded at 20 percent of the “first $1,500 of the loss, and 10 percent of the amount of the loss in excess of $1,500 and a reasonable attorney’s fee.”

The law firm of St. Clair, Gilbreth & Steppig is representing the plaintiffs in the matter.