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					1   PUBLIC INSURANCE ADJUSTERS




               American Family Insurance
               Attn: Steve Greaves
               P.O. Box 6000
               Scottsdale, AZ 85261-6000

                                                                                July 13, 2001

               RE:  Thomas O'Brien
                    4234 E. Morrow
                    Phoenix, AZ 85050
               Claim: 181-139-741
               D/L : 11-99/Water

               Dear Mr. Greaves:

               I am sure you can appreciate that Mr. OIBrien has been living
               in temporary housing as well as his mother, who I might add is
               elderly. They fear for this woman's well being due to her age
               and how fragile she has become. The insured does not wish to
               move his mother from place to place and has been advised by her
               physicians that this is not acceptable and could cause damage.

               The insured's contacted me in regards to a phone call,
               allegedly, placed by you to the Embassy Suites indicating that
               American Family would pay no more additional living after the
               end of July. Please notify me in writing if this is the case so
               that I may give a copy of your letter to the insured and his
               fragile mother and let them know that they must prepare to
               become "street people". You may not be aware that Mr. OgBrien
               is a hair cutter and I am sure you can appreciate that being a
               hair cutter, his income is limited. Please do not subject this
               family to more torture and please respond timely so the insured
               will know if-he needs to prepare the back of his car for his
               mother to sleep in. I look forward to your response in the near
               future.

                Sincerely,

                James F. OIToole Co., Inc




                JF0:bjm
                cc: Thomas O'Brien


    4614 EAST SHEA BLVD.. SUITE 0-260 PHOENIX. ARIZONA 85028
    PHONE 602.494.2000    FAX 602.494.9944  NATIONWIDE 1.800 541.2888
    ESTABLISHED IN 1 9 4 6

              Case 2:02-cv-00091-JAT                          Document 147-3   Filed 08/29/2005 Page 1 of 3
                                                                                          AF I O'Brien 000946
            IN
       FAMILY S U R A N C E
AMERICAN                   GROUP
8360 E V I A D E V E N T U R A   .   PO BOX 6 0 0 0   .   S C O T T S D A L E A Z 85261-6000   .   P H O N E : ( 4 8 0 ) 922-4930


   February 27,2001


   O'Toole Company
   attn: James O'Toole
   4614 East Shea Blvd.
   Suite D-260
   Phoenix, AZ 85028


   RE:         Our Claim No: 181-199741-733
               Our Insured:  Thomas O'brien
               Date of Loss: 09/13M 999


   Dear Mr. O'toole:

   This will acknowledge the receipt of your letter dated July 13,2001.

   On June 6,2001, Mr. Greaves advised you by letter that the additional living expenses would cease as
   of July 21,2001. This is the time limit allowed by Mr. Obrien's HO-5 policy.

   On page 3 of the HO-5 policy under Coverage C Loss of Use, it states:       -
   The limit for Coverage C is the actual loss incurred by you within 12 months following the date of loss
   for all the following coverages.

    1. If a loss covered under this section makes that part of the insured premises where you reside
       uninhabitable, we will pay:
       Additional Living Expenses, meaning any necessary increase in living expenses incurred by you
       so that your household can maintain its normal standard of living.
    Payment will be for the shortest time required to repair or replace the damaged property or, if you
    permanently relddate, the shortest time required for your household to settle elsewhere.

    For the above stated reason, we will be unable to extend Coverage C past July 21,2001. 1 am
    enclosing a copy of the letter sent to you on June 6,2001, for your reference. Also enclosed is a copy
    of page 3 of the policy.

    If you have any questions, please call (480) 922-4930.

    Respectfully,




    Oscar Simental
    District Property Claims Manager
    0s

    cc: Greg McMahon - United Claim Services
        Agent: John Dall - 0021402




    Case 2:02-cv-00091-JAT                                   Document 147-3                          Filed 08/29/2005               Page 2 of 3
                                            *****a***************
                                            * *     TXREPORT          ***
                                            *8******88*8**888****




                TRANSMISSION OK

                TX/RX NO                              2943
                CONNECTION TEL                                       6024430403
                SUBADDRESS
                CONNECTION ID
                ST. TIME                              07/21 17:12
                USAGE T                               04'49
                PGS. SENT                              18
                RESU1.T                               OK




                                                                                           2700 NOIZI-14 CENTW AVENUE
                                                                                                        SUITE 1000
                                                                                             P ~ . l O a ~ lARIZONA 85004
                                                                                                            x,

                                                                                           Telephone    6021265-7100
                                                                                                  FU    602-265-7400



                                  -1TTAL                      COVER PAGE

TO:                 LYNNALLEN                           PAX NO. (602)443-0403

FROM:                     C.
                    DOUGLAS SHOOK

DATE:               JLTLY
                        21,2005

RE:                                         INSURANCE
                     0 'BREN y. AMERCANFAMILY

NUMBER OF PAGES (INCLUDING COVER PAGE): 18

IF THERE IS A PROBLEM WITH                     TIXIS TRANSMITTAL, PLEASE CALL                      BARBBOPPAT
(602) 265-7100.
THE INFORMATION CONTAINED M THIS FACSIMILE IS C0NFIDEF)'l'ra AND INTENDED SOLELY FORTHE USE OF THE INDIVIDUAL OR EN-TI-IY
NAMED ABOVE. IF THE RFADER OF THIS MESSAGE IS NOT THE W E N D E D RECIPIENT. OR THE EMPLOYER OR AGENT RESPONSIELE FOll
DELIVERING IT TO W E W E N D E D RECIPIENT. YOIJ ARE HERFAY NOTIFIED THAT ANY DISSEMINA'~1ON. DISTMBUTION. COPYING OR
UNAUTHORIZED USE OF THIS COMMUNICATION IS STRICTLY PROIIIBI-I'ED. IF YOU HAVE RECEIVED 'I-IdIS FACSIMILE M ERROR. rJI.EASC
NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE AND RETURN 17IE FACSIMILETO THE SENDER AT'l'1.IE ABOVE ADDRESS VIATHE U N I'I'ED
STATES POSTAL SERVICE. THANK YOU.

COM!A@NTS:      LYNN, ATTACHED IS CHARLESMILLER'SEXPERT REPORT WFUCH
                                                          N
CONTAINS TWO NEW PARAGRAPHS REGARDING HIS OPINIONS I TI-IE ABOVE-
  Case 2:02-cv-00091-JAT Document 147-3
REFERENCED MATTER. PLEASE                Filed 08/29/2005 Page 3 of 3
                           CALL ME. THANKS. DOUG

				
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