On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Policy Number: CIC 010154 82 13 91A

Claim Number: Unknown Risk Location: 1270 Downing Street Denver, Colorado 80218 Date of Loss: April 18, 2009

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351

Fax: 303 799-7721

“Adjusters for the Policyholder

Wrongful Coverage Denial Response

To: USAA Casualty Insurance Company

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Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: (303) 770-0351

Fax: (303) 799-7721

“Adjusters for the Policyholder”

October 17, 2009 Via US Mail

Ms. Terri Jarrett

Consumer Affairs Advocate

United States Automobile Association

9800 Fredericksburg Road

San Antonio, TX 78288

Re: Colorado DOI File No: 220043/SLC

Insurance Company: USAA Casualty Insurance Company (USAA)

Insured: Pastor Mark & Mary Kay Pumphrey

Policy Number: CIC 01054 82 13 91A

Loss Location: 1270 Downing Street, Denver, CO 80218

First Loss

Claim Number: Not Provided

Date of Loss: March 2, 2009 (on or about)

Covered Perils: Vandalism and Malicious Mischief

Second Loss

Claim Number: Not Provided

Date of Loss: April 18, 2009 (about 8:30 PM)

Covered Perils: Collapse & Vandalism and Malicious Mischief

Dear Ms. Jerrett:

Public Adjusters of Colorado, LLC (PAC) has been retained (Attachment A) by your Insured to thoroughly

investigate and seek resolution of rightful damage claims covered under the referenced insurance policy in force

at the time of loss. We have been in contact with the Colorado Division of Insurance and obtained all information

relating to the DOI file 220043/SLC.

PAC, with the assistance of the Insured’s retained experts, (Mr. Ned Kumar Geotechnical P.E. of Kumar &

Associates, Inc., Mr. Mert Wiechman Structural P.E. of SDG, Inc., Mr. Ed Kammerer Registered Architect of

TechniScan, Inc., Mr. Shawn Lopez Colorado Certified Asbestos Tester of Orion Environmental, Inc.) and

numerous contractors, has thoroughly investigated the circumstances and material facts surrounding the damage

claims of your Insured’s. PAC has good reason to assert that USAA has unreasonably handled and wrongfully

denied covered damage claims filed by your Insured’s. We will detail our findings in the balance of this

correspondence and associated attachments. Our intention is to give USAA a short opportunity to correct what is

believed to be errant first party coverage positions. Please carefully review the following Summary of USAA

Claim Handling Concerns:

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SUMARY OF USAA CLAIM HANDLING CONCERNS

March 2, 2009 Claim Issues:

USAA failed to provide the Insureds with written notice confirming claim and claim number.

USAA failed to conduct a complete claim investigation and/or timely notify the Insureds in writing, within 30 days, of any rationale to continue USAA‟s investigation or properly explain USAA‟s coverage position.

USAA, by virtue of the policy with the Insureds being a contract of adhesion, had a duty to find all reasonable coverage mechanisms granting policy coverage in favor of the Insureds. In this case, USAA overlooked affirming coverage under the covered peril of Vandalism & Malicious Mischief.

USAA is in the business of accepting risk with operations in place directed to loss prevention and mitigation. USAA knew or should have known from preliminary loss investigation photos obtained on March 9, 2009 that a substantial change in risk had occurred which placed the Insureds in imminent danger of potential loss. USAA is believed to have ignored this implicit duty to protect the Insureds and/or mitigate potential loss. Appropriate USAA action following the preliminary investigation may have avoided the April 18, 2009 partial collapse of the Insured dwelling.

USAA adjuster La Dow reportedly took 30 to 50 loss site photos during his March 9, 2009 preliminary investigation. USAA‟s Insured, Pastor Mark Pumphrey, made a specific request for all USAA loss photos. Adjuster La Dow has tendered only 9 loss photos relating to his March 9, 2009 investigation effort and is believed to be hindering the Insureds efforts to resolve both first party and third party damage claims.

USAA failed to supply the Colorado DOI with pertinent information relating to the March 2, 2009 claim.

April 18, 2009 Claim Handling Issues:

USAA failed to provide the Insureds with written notice confirming claim and claim number.

USAA failed to conduct a timely claim investigation and/or notify the Insureds in writing, within 30 days, of any rationale to continue USAA‟s investigation or timely explain USAA‟s policy coverage position.

USAA notified the Insureds of their coverage denial position through tardy and ambiguous correspondence dated June 9, 2009 (53 days after loss). The USAA coverage denial recites the entire plethora of “earth movement” exclusions contained in the policy (including such items as earthquake) with the closure “…are not covered causes of loss and other exclusions may apply…”. USAA‟s coverage denial is viewed as being deceptively constructed as it fails to clarify how specific exclusions apply to the Insured‟s loss situation. To compound the deception, USAA‟s coverage denial used the wrong date of loss and failed to include their commissioned engineering report utilized to deny coverage; both of these issues have significant ramifications relating to a wrongful coverage denial effort.

USAA, by virtue of the policy with the Insureds being a contract of adhesion, had a duty to find all reasonable coverage mechanisms granting policy coverage in favor of the Insureds. In this case, USAA overlooked affirming coverage under the covered perils of Weight of Ice, Snow & Sleet, Collapse and Vandalism & Malicious Mischief. Please note, with emphasis, the damage to the insured home of April 18, 2009 satisfies multiple policy definitions relating to collapse.

Based on documents supplied by the Colorado DOI, USAA commissioned an engineering investigation initiated by Project Time & Cost Forensic Consulting Services, P.A. (PT&C) on May 11, 2009 (24 days after the loss). USAA was not forthcoming with the tardy May 29, 2009 PT&C report (supplied 42 days after the loss) even though USAA fully relied on this report in its wrongful coverage denial. Examination of the PT&C report reveals numerous irregularities which include, but are not limited to, misrepresentation of critical material facts, conclusions based on “junk science”, and serious omissions pertinent to the loss coverage at issue. This matter is of serious concern as it appears to be crafted for the sole purpose to facilitate USAA‟s coverage denial effort.

USAA‟s Attorney Manager, Ms. Sarah Jordan, appears to have perpetuated USAA‟s wrongful coverage denial position in the face of an active DOI investigation by regurgitating snippets from the errant PT&C report and omitting pertinent material information.

USAA adjuster La Dow reportedly took 30 to 50 loss site photos during his April 20, 2009 preliminary investigation. The PT&C report calls attention to additional photos taken during their May 11, 2009 site investigation. USAA‟s Insured, Pastor Mark Pumphrey, made a specific request for all USAA loss photos. Adjuster La Dow has tendered only 7 loss photos relating to his April 20, 2009 investigation and failed to disclose PT&C photos of May 11, 2009. Adjuster La Dow‟s actions are believed to be hindering the Insureds efforts to resolve both first party and third party damage claims.

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PAC will now detail pertinent facts supporting issues raised in the Summary of USAA Claim Handling Concerns

as follows:

Background for March 2, 2009 Damage Claim Situation

Pastor Mark & Mary Kay Pumphrey purchased their home and principal residence located at 1270 Downing

Street in 1997. The Pumphrey home is a classic two story triple-wythe structural brick Denver “four square”

home built in 1904. The Pumphrey’s have protected this beautiful, historic home with a USAA all peril dwelling

coverage policy for nearly a decade. USAA currently provides all peril dwelling risk coverage to the Pumphrey’s

under policy number CIC 010548213-91A effective 02-12-09 to 02-12-10. USAA’s failure to provide coverage

under this policy contract is at issue:

During January of 2009, Mr. Scott Axelrod, principle owner of development company MoonStar Investments,

LLC and general contracting firm Trison Development Corporation, initiated construction of a 5 story

condominium project located on the southeast corner of East 13th Avenue and Downing Street. The building

design incorporates 2 stories of subterranean parking structures for a total of seven stories.

Mr. Axelrod’s development project is situated on the adjacent property directly north of the Pumphrey residence.

The north face of the Pumphrey dwelling has a 3’- 2” setback from the common boundary line. Mr. Axelrod’s

completed structure will have an opposing 6’- 2” setback from the same boundary line or a 9’- 4” clearance from

the north face of the Pumphrey dwelling.

Figure 1: Coverage document contained within the Pumphrey‟s USAA policy package (See Attachment B) depicting intended covered Dwelling perils. PAC believes a reasonable person would have examined this document and anticipated the USAA policy in question to have multiple covered perils that apply to the April 18, 2009 partial collapse of the Pumphrey home. PAC is concerned that USAA has engaged in a deliberate wrongful coverage denial effort.

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A perimeter earth retention shoring system was installed to facilitate the subterranean excavation and construction

of the planned 7 story MoonStar structure. The geotechnical study utilized was performed by Parks Engineering,

LLC under Report No. 01297 dated March 12, 2004. Based on the subsurface conditions detailed in the Parks

report, Mr. Axelrod’s company retained Castle Rock Engineering, Inc. to design an earth retention system. Castle

Rock Engineering did in fact complete the stamped engineered plans and specifications, but also reportedly

conducted typical installation inspections with over site approval.

The Castle Rock earth retention plans call for the south perimeter shoring installation as follows (Area adjacent to

the Pumphrey boundary line; approximately 6 feet from the north face of Pumphrey dwelling):

14” diameter reinforced concrete secant piers.

Installed 2’-8” on centers.

Minimum embed depth of 14’ feet below bottom of excavation (14’ below EL 5307.5 - bottom of slab).

Placement of (4) GR60 rebar through the full length of piers.

Plan note indicates pier casings may be required refers to soil report.

Based on design information and belief, Mr. Axelrod’s company, Trison Development Corporation, reportedly

contracted with two different subcontractors to complete the installation of the site shoring. One subcontractor

reportedly installed the north and west secant piers; the other subcontractor installed the east and south (area of

interest) secant piers. The identity of the shoring installation subcontractors and the rationale for utilizing two

different subcontractors remains unknown at this time. Installation of the secant shoring piers reportedly

commenced about mid January 2009 with substantial completion by the end of January 2009. Large amounts of

displaced dirt and debris from the coring operations was deposited on the Pumphrey’s sidewalk running along the

north face of their home. Mrs. Pumphrey made her first complaint to the Trison project superintendent, Mr. Devin

Blea, at this time.

The Trison superintendent next prepared the site for excavation. On February 12, 2009, temporary power was

installed at the construction site by Xcel Energy. This resulted in power disruption at the Pumphrey residence for

several hours. Temporary site fencing was then installed around the construction site perimeter with

encroachment on the Pumphrey property. A port-o-let was placed on the sidewalk in front of the Pumphrey home.

Full scale excavation commenced at the construction site on or about February 23, 2009. Vibrations caused by the

heavy equipment shook the Pumphrey home. Mrs. Pumphrey immediately contacted superintendent Blea to

complain about the vibrations and other indignities caused by the Trison construction activities. Mr. Blea had

workers clear the Pumphrey’s north sidewalk and adjust the site fencing which remained encroaching on the

Pumphrey property. Despite the Pumphrey’s complaints, the port-o-let remained on the Pumphrey’s front

sidewalk and Mr. Blea resumed full scale excavation operations with little or no regard to the vibration issue.

As the excavation progressed, on or about March 2, 2009, hairline plaster cracks began to appear in various

locations inside the Pumphrey home. Mrs. Pumphrey immediately complained to superintendant Blea who

suspended excavation operations for the balance of that day. Full scale excavation operations resumed the next

morning and new hairline cracks began to appear inside the Pumphrey home. Mrs. Pumphrey again complained to

superintendent Blea about the vibrations causing more damage inside their home. Mrs. Pumphrey attempted to

speak with the owner of the company to no avail. Trison representatives essentially ignored the Pumphrey’s

complaints and continued with full scale excavation operations, to conclusion on or about March 6, 2009.

March 2, 2009 Claim Issues: Pastor Pumphrey returned from an overseas trip on March 5, 2009 and surveyed the hairline crack damage

throughout his home. Pastor Pumphrey on or about March 6, 2009 contacted USAA’s claim center to file notice

of a damage claim. The USAA representative reportedly indicated Adjuster La Dow would be assigned to the

claim. PAC notes USAA’s claim representative failed to supply a claim number at this time.

PAC notes that Mr. Axelrod’s companies knowingly carried on destructive construction activities

involving ignorant construction practices with reckless indifference concerning the damages being

caused to the Pumphrey property.

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Pastor Pumphrey made contact with Adjuster La Dow and met with him early Monday afternoon, March 9, 2009.

Adjuster La Dow reportedly spent about an hour surveying the interior damages and exterior conditions

associated with the construction site activities. Adjuster La Dow reportedly took about 30 to 50 photos during the

course of his investigation.

PAC wishes to address several matters of concern. Pastor Pumphrey, at some point during the initial claim

investigation process of March 9, 2009, asked Adjuster La Dow for the claim number. Adjuster La Dow

reportedly stated to Pastor Pumphrey, “USAA doesn’t assign claim numbers anymore.” PAC is concerned that

USAA failed to provide the Pumphrey’s written confirmation of the claim with assignment of an appropriate

claim number. We sincerely hope this is not a new USAA business practice. PAC notes this sort of irregular

claims handling practice would be adverse to the typical Insured who is trying to resolve their damage claims.

Official claim notification with the assignment of a proper claim number establishes the normal 30 day carrier

claim investigation and response window required by Colorado DOI regulation. PAC’s prior experience with

USAA claims suggests that USAA typically uses the Insured’s policy number with a hyphenated number

following to indicate the specific claim. PAC does not understand why USAA failed to comply with the claim

confirmation procedures as this is a well established insurance industry practice. We ask the Colorado DOI to

investigate this claim handling irregularity.

PAC is especially concerned the no claim confirmation/no claim number practice employed in this case

enabled USAA to avoid thorough claim investigation and more importantly, sidestep USAA’s duty to timely

advise the Pumphreys of its official documented claim position. USAA’s failure in this regard had adverse

ramifications on its Insureds and raises significant regulatory concerns. PAC will attempt to layout the specific

concerns as follows:

PAC is troubled that USAA did not conduct a thorough investigation of the March 2, 2009 loss

occurrence. PAC calls attention to a March 9, 2009 loss photo taken by USAA Adjuster La Dow:

Figure 2: Adjuster La Dow‟s photo (See Attachment C) shows serious construction irregularities that demonstrate a substantial change in risk had occurred placing USAA‟s Insureds in imminent danger of catastrophic loss. USAA knew or should have known additional action was necessary to protect their Insureds and/or prevent potential loss exposure. USAA chose to do nothing.

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USAA is in the business of accepting risk with operations in place directed to loss prevention and

mitigation. USAA knew or should have known from preliminary loss investigation photos obtained on

March 9, 2009 that a substantial change in risk had occurred which placed the Insureds in harm and their

property in imminent danger of catastrophic loss. USAA is believed to have ignored an implicit duty to

protect the Insureds and/or mitigate potential loss. Appropriate USAA action following the preliminary

investigation may have avoided the April 18, 2009 partial collapse of the Insured dwelling.

Adjuster La Dow was very much aware of the precarious situation. During his April 20, 2009 preliminary

investigation of the April 18, 2009 loss occurrence, Adjuster La Dow reportedly told Pastor Pumphrey,

“When I was here before (March 9, 2009), I was looking at the shoring and it was giving me a queasy

feeling in my stomach, I knew something like this could happen.” We are shocked by Adjuster La Dow’s

reported statement and ask that the Colorado DOI investigate USAA’s claim log pursuant to this issue.

Fortunately the Pumphreys were not physically harmed as a result of the partial collapse of their home on

April 18, 2009. The Pumphreys and their guests could have been victims of a more devastating incident at

any point between Adjuster La Dow’s visit on March 9, 2009 and the second loss occurrence of April 18,

2009. Please note the potential liability coverage implications that could have been at issue.

PAC is troubled that USAA failed to provide the Insureds with a written company position concerning the

damage claim of March 2, 2009. Irrespective of what is believed to be a negligent investigation of the

claim situation, a timely written USAA claim position, confirming or denying policy coverage, may have

given clarity to the Pumphreys. If USAA officially denied coverage, the Pumphreys would have clearly

understood that their carrier was not going to assist them in this matter. The Pumphreys may have sought

alternative assistance to address the situation rather than rely on the misguided notion that USAA was

somehow going to assist and protect them from this precarious damage situation. An affirmation of

coverage by USAA would have brought in credible resources that may have recognized the serious

situation and taken sensible actions to avert the April 18, 2009 partial collapse of the Insured dwelling.

Instead, USAA chose to do nothing and failed to appropriately respond to the Insured’s coverage at issue.

PAC believes the damage claims arising out of the March 2, 2009 occurrence were in fact covered by the

USAA policy in force. USAA, by virtue of the policy with the Insureds being a contract of adhesion, had

a duty to find all reasonable coverage mechanisms granting policy coverage in favor of the Insureds. In

this case, USAA overlooked affirming coverage under the covered peril of Vandalism & Malicious

Mischief.

PAC notes that the USAA policy does not have a policy definition for the covered perils of Vandalism &

Malicious Mischief. We note courts have consistently relied on Black’s Law Dictionary to define

Vandalism & Malicious Mischief as follows:

“Vandalism and malicious mischief both involve the willful or ignorant destruction of another

person’s property.”

Furthermore, the Colorado Revised Statues define criminal mischief in § 18-4-501 (1) as:

“A person who knowingly damages the real or personal property of one or more other persons,…”

PAC believes the definitions, as presented, trigger a USAA first party coverage duty under the

covered perils of Vandalism & Malicious Mischief for the damage claims associated with the

March 2, 2009 occurrence. The adjacent construction operations involve both the willful and

ignorant destruction of the Pumphrey’s property. The USAA photo presented in Figure 2

coupled with Pumphrey’s real and repeated complaints to the builder concerning damages to

their property should have triggered USAA’s coverage duty through competent investigation.

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From a regulatory perspective, PAC is concerned that USAA’s no claim confirmation/no claim number

practice and subsequent failure to respond to claim coverage at issue raises serious claim over site

concerns. We particularly note that all official USAA correspondence, sent to the Insureds and the

Colorado DOI in their subsequent investigation, is devoid of any mention of the damage claim filed on

March 6, 2009 for the first occurrence. This includes the following list of documents:

o The USAA June 9, 2009 coverage denial prepared by Adjuster La Dow informing the Insureds

the second claim occurrence (Note correct date of loss is April 18, 2009) would not be covered

based on “earth movement” policy exclusions.

o The USAA June 28, 2009 correspondence prepared by USAA Attorney Manager Jordan in her

initial response to the active Colorado DOI claim investigation.

o The USAA July 13, 2009 correspondence prepared by USAA Attorney Manager Jordan in her

supplemental response to the active Colorado DOI claim investigation.

PAC is concerned these omissions appear to be more than just a coincidence; USAA’s concealment of

material information concerning both claims (March 2, 2009 and April 18, 2009) is believed to have

impeded the Colorado DOI investigation efforts and was utilized to side step first party coverage duties.

Please note, PAC has detailed relevant claim handling concerns associated to the March 2, 2009

occurrence up to this point and will detail additional irregularities associated with the April 18, 2009

occurrence in discussions to follow later.

From an alternative regulatory perspective, a no claim confirmation/no claim number practice might

avoid or impede regulatory over site achieved through market conduct examinations. PAC asks that the

Colorado DOI review all of our concerns as expressed and take action as deemed appropriate.

USAA adjuster La Dow reportedly took 30 to 50 loss site photos during his March 9, 2009 preliminary

investigation. Pastor Pumphrey made a specific request for all USAA loss photos. Adjuster La Dow has

tendered only 9 loss photos relating to his March 9, 2009 preliminary investigation effort and is believed

to be hindering the Insureds efforts to resolve both first party and third party damage claims.

PAC can find no sensible rational for USAA to withhold these photos, especially in view of Ms. Jordan’s

stated opinions in her June 28, 2009 and July 13, 2009 correspondence to the Colorado DOI, “USAA

recommends that Mr. Pumphrey pursue the builder and their liability carrier for damages sustained to his

property as the result of the collapsed construction trench.” Although this USAA position is seriously

flawed, PAC can only conclude efforts to withhold these photos from the Insureds and the Colorado DOI

investigation was to conceal claim handling irregularities and/or control evidence that would affirm

coverage for both occurrences. We ask that USAA immediately tender all withheld investigation photos

to both the Insureds and the Colorado DOI. This release of material information should include, but not

be limited to, Adjuster La Dow’s inspections of March 9, 2009 & April 20, 2009 and the PT&C

investigation of May 11, 2009.

Background for the April 18, 2009 Damage Claim Situation

PAC will now continue the background discussion leading to the second loss occurrence of April 18, 2009 which

involved the partial collapse of the Insured dwelling.

When USAA Adjuster La Dow conducted his first inspection of the Pumphrey property on March 9, 2009, his

partial investigation involved documentation of interior damages which were termed “hair line cracks” requiring

“cosmetic repairs”. Adjuster La Dow reportedly informed Pastor Pumphrey, “These cracks are not of structural

concern until you see them radiating from door and window frames. If that happens give me an immediate call.”

PAC believes the untendered loss photos taken by Adjuster La Dow will support this situation. Once again,

USAA never officially responded as to its findings or coverage position concerning the damage claim of March 2,

2009; PAC has no reason to believe the damages involved were of a serious nature at that time, but we do believe

the covered cosmetic repairs would have been greater than the Insured’s $1000 deductible.

8

PAC again calls attention to the March 9, 2009 loss photo supplied by Adjuster La Dow as shown in Figure 2.

This photo shows a clear view of the secant piers installed adjacent to the north face of the Pumphrey dwelling.

We note that all secant piers appear to be in place and the Pumphrey dwelling is standing in the background

without evident exterior damages. When I first examined Adjuster La Dows photo I was shocked. As a degreed

engineer with substantial construction experience, I immediately identified serious shoring irregularities. As part

of PAC’s investigation of claims issues, we provided this photo to the Pumphrey’s retained experts, Mr. Ned

Kumar P.E. (geotechnical) and Mr. Mert Weichman P.E. (structural), who are investigating the damage issues.

These experts will be providing a full report, but I would like to share their initial comments concerning this

photo as follows:

Mr. Kumar pointed out that many of the piers along the north face of the Pumphrey dwelling were bored

through the remnants of structural brick walls and “counterfort” foundation assemblies which jeopardize

the structural integrity of the shoring design.

Both experts indicated the contractors involved in the boring operation should have been cognoscente of

the brick debris in the auger cuttings and taken action to address this mater. This situation at the very least

should have involved a consultation with the shoring engineering firm of record, Castle Rock

Engineering, Inc. and a structural engineer.

Both experts concurred that brick remnants should have been removed and pier holes should have been

cased to insure the integrity of the piers.

Both experts remarked that brick debris embedded directly in the piers creates structural defects which

serve as “focal points for failure”.

Both experts expressed concern that piers were “stair stepped” along the Pumphrey property. This raises

issues concerning whether the piers were installed to the correct embed depth and/or whether the piers

have the correct rebar placements running the full length of the properly embedded piers per design.

Mr. Kumar expressed an additional concern about the “stair stepped” approach to the pier installation

which resulted in 4’ to 5’ soil surcharge on the secant pier wall. He indicated that piers constructed in this

manner should be designed for additional vertical and horizontal loads; it appears the shoring design did

not incorporate the “stair stepped” approach with the soil surcharge as seen in the photograph. The

inadequate design of the secant wall did not provide the buttressing needed to resist the increased lateral

load created by the snow load conditions of April 18, 2009. This situation enabled movement of the

structure foundations and resultant distress.

Both experts expressed concern over the Castle Rock

Engineering, Inc. shoring inspection report dated February

6, 2009 obtained from the Denver Building Department.

The Castle Rock inspection should have identified some,

if not all the shoring irregularities that have been

described (See report presented as Attachment D).

Both experts concurred that the Trison construction

superintendent knew or should have known that the

shoring had significant problems when exposed during the

excavation of the site.

Both experts felt the USAA photo reveals serious shoring

irregularities that suggested a high probability of potential

failure. The shoring conditions depicted by the photo

should have prompted an evaluation by a registered

structural engineer.

Both experts agreed sensible engineered solutions could

have been put in place to avert the shoring failure that

occurred on April 18, 2009.

Figure 3: Castle Rock Shoring Inspection Report of January 28, 2009.

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PAC reports little or no new interior damage occurred at the Pumphrey dwelling from Adjuster La Dow’s

property damage inspection on March 9, 2009 through the end of construction on Friday, April 17, 2009. During

this time period, the Trison construction activities were focused on the preparation and placement of concrete

building footings, elevator shafts, stair wells, first level columns, exterior walls and initial utility work. Weather

during this same period did not adversely interfere with the Trison construction progress as follows (Figure 4).

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The precipitation on April 17th &18th was mostly in the form of wet, heavy, moisture saturated snow. This spring

snow storm was chronicled as a major storm event by all Denver news stations. The snow changed to a heavy

sleet mix with rapid accumulations at approximately 3PM on April 18th. According to the Pumphreys, the partial

collapse of their home occurred at approximately 8:30 PM on April 18, 2009.

Figure 4: Shows the complete weather data summary from Weather Underground for the period of March 1, 2009 through April 20, 2009. This is the same resource data utilized by USAA‟s investigative consultant, Project Time & Cost Forensic Consulting Services, P.A. (PT&C), in their report dated May 29, 2009. USAA relied on this PT&C report to deny coverage for the April 18, 2009 partial collapse of the Insured‟s dwelling. PAC notes the PT&C report was withheld from the Insured‟s by USAA and obtained from the Colorado DOI.

The May 29, 2009 PT&C report used the Weather Underground data to somehow suggest water saturated soil conditions caused the failure of the adjacent construction site shoring. The tardy PT&C determination was based solely on the Weather Underground data without site soil testing to support the conclusions made.

The PT&C report failed to mention the heavy snow condition which peaked at the time of the partial collapse of the Pumphrey home on April 18, 2009 (approximately 8:30PM). The detailed hourly Weather Underground data (See Attachment E) indicates the majority of the precipitation that fell from Thursday April 16, 2009 through Saturday April 18, 2009 was in the form of heavy snow. This spring snow storm was chronicled by all the major Denver news media. The weather data suggests 11 inches of heavy snow or approximately 30,000 to 40,000 pounds blanketed the Pumphrey home at the time of loss. This added weight condition of ice, snow and sleet (a covered peril) propagated the partial collapse of the Insured‟s dwelling (a covered peril).

Examination of the May 29, 2009 PT&C report reveals numerous irregularities which include misrepresentation of material facts, conclusions based on “junk science”, and serious omissions pertinent to the loss coverage at issue. The PT&C report improperly characterizes the true construction of the Insured‟s dwelling and failed to properly identify serious structural damages. The PT&C report carefully side steps any quantification that the Pumphrey home suffered a partial collapse as the result of the April 18, 2009 loss occurrence and failed to mention the damages rendered the structure uninhabitable from a life safety prospective. Please note the entire north face of the dwelling remains in a state of catastrophic failure.

PAC is concerned that USAA has denied first party covered claim benefits to the Pumphrey‟s based on the errant PT&C report of May 29, 2009. This matter is of serious concern as it appears to be crafted for the sole purpose to facilitate USAA‟s coverage denial effort. Our concerns relating to this matter will be fully developed in discussions to follow. We ask the Colorado DOI to investigate this matter.

Figure 5: Annotated extract from Weather Underground Data for April 17, 2009 (See Attachment E).

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On April 18, 2009, the snow accumulation on the Pumphrey home reached a critical mass that precipitated the

partial collapse of the structure. Pastor Mark & Mary Kay Pumphrey recall this event as follows:

PAC has determined the recorded weather data suggests 11 inches of heavy snow or approximately 30,000 to

40,000 pounds blanketed the Pumphery home at the time of loss. This added weight condition of ice, snow and

sleet (a covered peril) propagated the partial collapse of the Insured’s dwelling (a covered peril).

At 6:00 AM Sunday morning (April 19, 2009), the Pumphreys awoke to discover their home had been damaged

and the shoring piles on the adjacent construction site had collapsed. Pastor Pumphrey called the USAA claims

center at approximately 6:40 AM and left a voice mail alerting USAA to the damage situation. Pastor Pumphrey

could not fully address the matter at that time as he first had to handle his Sunday worship obligations for his

congregation. Following worship services, two engineers from the congregation accompanied the Pumphreys to

survey the damage situation. Mr. Axelrod (Owner of MoonStar/Trison) and Mr. Darin Denton (PE and Director of

Engineering for Castle Rock Engineering; the shoring design company) where already inspecting the site. The

engineers surveyed the situation and caucused for a discussion. Mr. Denton reportedly stated, “The house is too

unstable, I wouldn’t let my family stay there.” There was mutual agreement that the Pumphrey’s needed to leave

their home.

Pastor Pumphrey again called USAA’s claim center (approximately 2PM) to report the serious damages sustained

to their home. The USAA claim representative was advised the home was uninhabitable and the Pumphreys

would have to move into a hotel; the USAA claim representative did not offer assistance with this matter. PAC

notes the Pumphreys still remain outside their home to this day without assistance from USAA. PAC views

USAA’s tardy investigation and wrongful coverage denial as clear evidence of unreasonable claims conduct.

Figure 6: Annotated extract from Weather Underground Data for April 18, 2009 (See Attachment E).

"We were getting ready to retire for the night. We were watching Comedy Central, it was about 8:30 PM

when we felt the house shake and then we heard a whoosh sound. The whole event lasted about 3

seconds. We did not give it another thought at that time.

The next morning we discovered large cracks throughout our house. When we went outside, we

discovered that some of the shoring piers on the adjacent construction site had failed.

At that time, we did not understand the full extent of the collapse damage to our home, but we are certain

that the sequence of events were the house shook first, which is believed to be the collapse of our home,

the whoosh which occurred second, is believed to be the failure of the shoring piers on the construction

site next door."

12

Later that same afternoon, a Channel 9 News crew showed up at the Trison construction site; they were

responding to a call received through the news tip line. The news crew chronicled the Pumphrey’s situation as one

of several victims displaced by the unprecedented spring snow storm. The Channel 9 news clip was featured as a

major story on the April 19, 2009 evening news program.

To cap the events of April 19, 2009, Mr. Axelrod had a trackhoe operator and labor crew come to the site near

dusk. Mr. Axelrod reportedly instructed the crew to take emergency measures to protect the Pumphrey home.

Failed piers and substantial debris was removed. Fill material was placed at an angle of 45° lift that extended from

the Pumphrey foundation and sloped well into the excavated pit. Mr. Axelrod’s efforts later proved to be self

serving in nature; he was simply covering up construction problems to avoid conflict and delays that would be

associated with a protracted Denver Building Department investigation.

Figure 7: Photo taken by Mary Kay Pumphrey early Sunday afternoon on April 19, 2009. This photo shows the shoring failure on adjacent construction site. Residual snow is still present even though the temperatures had soared well above the freezing mark since 5PM on April 18, 2009. PAC calls attention to the following annotated issues:

A. Shows the exposed brick foundation footing of the Pumphrey dwelling. B. Shows exposed brick wall and counterfort remnants embedded along the shoring pier line. C. Shows a shoring pier fractured at the point where embedded brick is lodged in the pier profile.

On April 19, 2009, Pastor Pumphrey first called the USAA claim center at approximate 6:40 AM and left a voice mail. Pastor Pumphrey could not fully address the matter as he had to attend to his Sunday worship obligations for his congregation. Pastor Pumphrey later called USAA‟s claim center (approximately 2PM) to again report the serious damages sustained to their home. The Pumphreys had to move into a hotel because their home was deemed unstable and uninhabitable; the USAA claim representative did not offer assistance with this matter.

PAC notes the Pumphreys still remain outside their home to this day without assistance from USAA. USAA‟s tardy investigation and wrongful coverage denial is viewed, at minimum, as unreasonable claims conduct.

A C

B

13

USAA’S Flawed Investigation of the April 18, 2009 Damage Claim

Adjuster La Dow arrived at the Pumphrey residence shortly after noon on April 20, 2009. Adjuster La Dow

surveyed the loss for more than an hour. Pastor Pumphrey has reported that Adjuster La Dow took approximately

30 to 50 photos of interior and exterior damages. Adjuster La Dow was advised by Pastor Pumphrey that the loss

occurred on Saturday evening, April 18, 2009, “We first felt the house shake and then heard a loud whoosh.”

Adjuster La Dow was shown serious interior damage consistent with partial collapse of the triple-wythe structural

brick home. Pastor Pumphrey indicated that engineers and construction personnel (Trison, Castle Rock

Engineering and engineers belonging to Pastor Pumphrey’s congregation) who had examined the site the previous

day had determined the home to be unsafe to occupy. Adjuster La Dow was informed the Pumphery’s had

relocated to a hotel. PAC notes Adjuster La Dow was not forthcoming with ALE assistance or a claim number.

Adjuster La Dow knew or should have known at this time that the Pumphrey’s USAA policy afforded coverage

for partial collapse damages observed at the home. We are reasonably certain Adjuster La Dow and USAA were

fully aware of an influx of claims that were the direct result of the severe spring snow storm event, but chose to

overlook the weight of ice & snow as a probable and indisputable covered cause of loss.

.

Figure 8: USAA photo taken by Adjuster La Dow during his April 20, 2009 preliminary investigation of the April 18, 2009 partial collapse of the Pumphrey home. This photo shows the outcome of initial alteration efforts made by Trison subcontractors to stabilize the shoring failure area late Sunday afternoon, April 19, 2009 (See Figure 7 for comparison).

PAC calls attention to residual snow still present some 43 hours after temperatures soared well above the freezing mark on April 18, 2009. Adjuster La Dow knew or should have known weight of snow was a potential aspect involved in the cause of loss.

At this point in time, USAA made no sensible efforts to contact the project developer, establish potential liability claims, secure the loss site, retain USAA engineering experts, etc. No reservation of rights letter was timely tendered to the Insureds setting forth coverage concerns and/or establishing further investigation activities. PAC believes USAA left the Insureds in a vulnerable position: USAA failed to properly persevere coverage rights & defenses; establish & develop potential subrogation aspects; all without conducting a timely & thorough investigation of the Insured‟s damage claims.

14

At the conclusion of Adjuster La Dow’s preliminary investigation on April 20, 2009, Pastor Pumphrey stated, “I

guess we have a claim now, all the doors and windows have serious cracks.” Adjuster La Dow responded, “When

I was here before (March 9, 2009), I was looking at the shoring and it was giving me a queasy feeling in my

stomach, I knew something like this could happen.” Adjuster La Dow further stated, “I’ll have to go back check

with my supervisor and our legal department. USAA is changing all their policies this year. I think your policy

was changed in February. I need to verify your policy and I will get back to you in the next day or so.” Pastor

Pumphrey now understands that Adjuster La Dow was most likely being evasive in this exchange; Adjuster La

Dow provided no indication that the damage claim would not be covered and the whole policy exchange business

was made to sound like some innocuous USAA internal formality.

On April 24, 2009, Trison Development hired unknown subcontractors to clear the collapsed shoring piers, move

soil, drive soil nails, and apply a reinforced shotcrete coating to the disturbed soil areas. All activities were

performed on the Pumphrey’s property. This “temporary repair” measure was developed by a Trison hired

consultant, Printz Engineering Services, to reportedly stabilize the north face of the Pumphrey property and

reduce the threat of catastrophic collapse of their home. This so called “temporary repair” later proved to be a

rouge undertaken by Mr. Axelrod to facilitate construction progress of his condominium development project.

The soil nails are viewed as an unwelcomed trespass of the Pumphrey property by Mr. Axelrod.

Figure 9: Photo taken on April 24, 2009 by Arlen Ward PE and member of Pastor Pumphrey‟s congregation. This photo shows the installation of soil nails and reinforced shotcrete on the destabilized area of the Pumphrey property. PAC notes that contractor also sprayed shotcrete on the exposed soil surcharge area above the stair stepped secant piers (Previously noted as a highly irregular shoring practice). Adjuster La Dow did nothing to preserve the loss site, properly evaluate the cause & origin of their insured‟s loss, and/or investigate potential subrogation claims that might exist.

15

On or about April 24, 2009, Pastor Pumphrey contacted Adjuster La Dow as he had not received a reply that was

promised during the April 20, 2009 loss meeting. This conversation was the first of many conversations Pastor

Pumphrey had with Adjuster La Dow. During this specific conversation, Adjuster La Dow provided the first

indication that the loss might not be covered by USAA. Pastor Pumphery recalls the conversation as follows:

Adjuster La Dow stated, “The policy apparently does not cover earth movement.” Pastor Pumphrey replied, “Our

house was not damaged by an earth quake.” Adjuster La Dow then stated, “Don’t worry, I’m still checking with

our legal department to see how they will handle this. I will send you a coverage letter in the next couple days.”

On or about May 8, 2009, Pastor Pumphrey had

another memorable call with Adjuster La Dow.

Adjuster La Dow had repeatedly promised a

“coverage letter” that was never received. Pastor

Pumphrey recalls the conversation as follows:

Adjuster La Dow stated, “USAA is not going to

cover the damage to your home because earth

movement is excluded. I think you better read

your policy.” Pastor Pumphrey replied, “Our

home was not damaged by an earth quake.”

Adjuster La Dow then stated, “I’m going to send

out an engineer to cover all the bases, but don’t

get your hopes up. Those guys (Trison) are

clearly responsible. I wouldn’t worry, they have

deep pockets. I’ll send you the coverage letter as

soon as I have the engineering report.”

Pastor Pumphrey recalls concluding the May 8,

2009 conversation with Adjuster La Dow feeling

relieved that USAA was finally going to do

something that would resolve the claim problem.

Pastor Pumphrey placed naive trust in the fact

that Adjuster La Dow’s efforts were somehow

directed to help him. Pastor Pumphrey did not

realize at this time that Adjuster La Dow had

made a definitive coverage denial determination

based on an incomplete loss investigation and the

USAA commissioned engineer being sent was

simply going to prepare a biased report intended

to buttress USAA’s wrongful coverage denial

position.

Figure 10: Excerpts of the Printz Engineering Services plans filed with the Denver Building Department on April 24, 2009 to affect the “temporary repairs” at the 13

th & Downing construction site. Please note that the plans failed to state the so-

called “temporary repairs” were being performed on the Pumphrey‟s property without written permission.

Figure 11: This Xactimate document supplied by the Colorado DOI shows Adjuster La Dow had decided by May 5, 2009 that the loss involved “EQ-EMOV” (earth quake-earth movement) and was declined as “Net Claim” was “$0.00”. Adjuster La Dow had no intention of sending PT&C to the loss site on May 11, 2009 to conduct an impartial C&O investigation. PAC doesn‟t understand why Adjuster La Dow and USAA would string the Pumphreys along when he had a clear coverage denial decision in hand.

16

On May 11, 2009, an individual believed to be Mr. Brian Lindsey, a professional engineer affiliated with Project

Time & Cost Forensic Consulting Sevices, P. A. (PT&C), arrived at the damaged Pumphrey home to reportedly

determine the cause & origin of the loss to the Insured property on behalf of USAA. Pastor Pumphrey does not

know for certain if the PT&C representative was in fact Mr. Lindsey, as this individual did not identify himself or

provide a business card. This individual simply stated that Robert La Dow had sent him to look over the loss.

Pastor Pumphrey recalls the twenty something man was aloof; the man refused to engage in any sort of small talk;

he spent about an hour looking at the exterior and interior of the damaged home. Pastor Pumphrey believes he

took 50 to 75 photos of the loss during his visit.

PAC notes Mr. Lindsey’s (?) tardy appearance to the loss was 24 days after the April 18, 2009 partial collapse of

the Pumphrey home. By this point in time, Trison had the entire two subterranean stories of the south complex

wall formed, poured, and stripped. The poured walls made it impossible for the PT&C investigator to examine the

secant piers that remained in place or the embed length & condition of the disturbed secant piers that were

removed to further the Trison project schedule. The shotcrete application made it impossible for PT&C’s

investigator to quantitatively sample and assess the disturbed soil conditions which geotechnical professional

engineer, Mr. Kumar, has termed as “mostly consisting silty sand with good drainage characteristics”.

Pastor Pumphrey placed numerous calls to Adjuster La Dow following the PT&C inspection on May 11, 2009.

Most of these conversations reportedly involved the same dialog as if it were scripted as follows: Adjuster La

Dow would say, “I’m waiting for the engineering report. I will send you a coverage letter as soon as I cover all

the bases. Don’t worry, if USAA doesn’t cover the loss, those guys have deep pockets. You will be all right.”

PAC is troubled by Adjuster La Dow’s reported coy conduct. During this period, Adjuster La Dow exceeded the

30 day claim mark without supplying a USAA reservation of rights letter, affirming the claim in writing with the

assignment of a proper claim number, notifying the Insured in writing of USAA’s rationale to extend its tardy

investigation beyond 30 days and/or provide a timely coverage position (Adjuster La Dow forwarded a written

coverage denial correspondence dated June 9, 2009 which was received by the Pumphreys on June 15, 2009,

some 58 days after the loss).

On May 29, 2009, PT&C reportedly released its so-called cause & origin investigation report to USAA. PAC

notes this tardy PT&C report was referenced by Adjuster La Dow in his coverage denial correspondence dated

June 9, 2009 and USAA Attorney Manager Jordan in her June 28, 2009 & July 13, 2009 correspondence to the

Colorado DOI. PAC notes that USAA relied on the PT&C report in their coverage denial determination and failed

to supply this pertinent document to the Insureds. PAC had to obtain this document from the Colorado DOI.

The PT&C report writer starts out the May 29, 2009 report by incorrectly defining the true construction

characteristics of the Pumphrey’s classic Denver four square home, built in 1904. The PT& C report writer states,

“The home was a two story wood framed structure. The exterior walls were clad with brick veneer…”

The exterior walls of the original 1904 home consist of classic triple–wythe brick construction from the pyramid

stacked brick footings in the basement to the structural brick support shelf which pockets the second floor joist

assembly. The exterior walls then continue as a double–wythe brick construction through the second story level to

structurally support the roof framing system. The basement level also contains interior triple-wythe brick walls,

configured in the shape of a cross, to support and distribute the structure loads. The Pumphrey home clearly is not

a “wood framed structure” that is “clad with brick veneer”. This is a serious PT&C report misrepresentation.

PAC has carefully examined the PT&C report of May 29, 2009. We conclude the PT&C report reveals

numerous irregularities which include, but are not limited to, misrepresentation of critical material facts,

conclusions based on “junk science”, and serious omissions pertinent to the loss coverage at issue. This matter

is of serious concern as it appears to be crafted for the sole purpose to facilitate USAA’s coverage denial effort.

PAC has included an annotated copy of this report which highlights our concerns (See Attachment F).

17

We can only surmise that the PT&C investigator was grossly incompetent in performing his structural assessment

and/or simply wanted to avoid the true severity of the partial collapse damage sustained by the structure.

Irrespective of PT&C’s inaccurate characterization, professional engineers Kumar and Weichman have

determined the northeast corner of the Pumphrey home has dropped approximately 3/4” and the northwest corner

has moved approximately 1/2”. Both experts believe the north end of the house has shifted about the interior

structural brick support wall located in the basement, which divides the north-south quadrants of the home. Both

experts concur that the Pumphrey home suffered a serious partial collapse due to the occurrence of April 18, 2009

which has rendered the structure unfit for occupancy and has place the home in danger of additional collapse.

PT&C’s incorrect characterization has significant implications relative to the severity of the partial collapse

damages sustained to the structure. The PT&C report does not properly convey the true damages sustained. The

structural brick damages present at the northeast corner of the home are “through cracks” penetrating all layers of

the structural supporting brick assembly. The “through cracks” on the northeast corner originate from the east side

basement brick footing and propagate to the roof assembly connection on the north face of the dwelling. This top

to bottom “through crack” situation has broken interstitial “bond brick” wall connections, a very serious situation.

A

Figure 12: Shows photos A through L depicting partial collapse damage to the northeast corner of the

Pumphrey dwelling.

Northeast Corner “Through Cracks” Propagation From Basement Foundation to Roof Connection:

A. Crack originating through east face footing with propagation through exterior foundation wall.

B. Triple-wythe “through” cracks in east face (behind dryer) from footing to basement window pocket.

C. Triple-wythe “through cracks” continuing on east face from basement to kitchen window pockets.

D. Shows large separation crack running along window frame due to brick displacement.

E. Triple-wythe “through cracks” radiating from top of kitchen window pocket to 2nd

floor northeast corner.

F. Double–wythe “through cracks” radiating from northeast corner to roof connection on north face.

G. Measurement of typical separation crack measuring a full ½” contrary to PT&C reported ¼” maximum.

H. Triple-wythe “through crack” under kitchen sink with daylight evident.

I. Kitchen view of triple-wythe “through crack” radiating above window pocket following exterior crack.

J. Serious structural crack in kitchen which measures a full 5/8” with lateral displacement.

K. Compression “through crack” in double-wythe exterior wall radiating about northeast corner on 2nd

floor.

L. Northeast corner “through cracks” on 2nd

floor with propagation continuing up into ceiling assembly.

B

18

C D

F E

19

PT&C claims no crack separation bigger than ¼” ??? PT&C must be describing another property.

Close up of kitchen “through crack” above window pocket. PT&C claims no crack separation bigger than ¼” ??? PT&C must be describing another property.

G

I J

Triple-wythe structural brick “through crack” under kitchen sink with daylight evident. The PT&C investigator must have forgot to look in this area.

H G

I

20

Similar “through cracks” situation radiates from top to bottom in the west facing exterior wall of the Pumphrey

home. “Through cracks” are present from the bottom of the crawlspace foundation to the front door pocket, from

the top of the front door pocket to the bottom of the second floor window pockets, and from the top of the 2nd

floor window pockets to the roof connections. The northwest corner of the dwelling is displaced through the

partial collapse occurrence to the extent that the front porch columns have shifted causing the front porch

structure to pull away from the dwelling at the southwest attachment point.

The PT&C report understates the true structural damages sustained as the result of the partial collapse of the

Pumphrey home on April 18, 2009. The PT&C report writer makes the following inaccurate statements:

“EXTERIOR OBSERVATIONS”

“Inspection of the exterior of the Mark Pumphrey residence revealed the following conditions and damage:”

....”one crack in the brick veneer on the West side of the residence;”

“DISCUSSION”

“With the exception of one crack in the west elevation, no other cracks were observed in the brick veneer around

the perimeter of the residence.”

Interior 2nd

floor “through cracks” behind TV center. This crack is consistent with brick cracks propagating about northeast corner of dwelling (See photos E & F) Note plaster walls are buckling due to compression.

Figure 13: Shows photos M through U depicting partial collapse damage to the northwest corner and west face

of the Pumphrey dwelling.

West Face Partial Collapse Structural Damages:

M. West face structural brick cracks evident at grade level on the northwest corner of dwelling.

N. Triple-wythe “through cracks” emanating from basement crawl space into front door pocket.

O. Triple-wythe “through cracks” evident from northwest crawl space propagating to front door pocket.

P. Triple-wythe “through cracks” propagating from northwest 1st floor to 2

nd floor window pockets.

Q. Triple-wythe “through cracks” propagating from front door pocket to 2nd

floor window pocket.

R. Photo shows wracked front porch center column located on west face of home.

S. Photo shows visual displacement damage to northwest front porch column.

T. Photo shows visual displacement damage to front porch center column base.

U. Photo shows southeast corner of front porch has pulled away from home.

K L Another 2

nd floor “through

crack” behind TV center area. This crack is propagating from east exterior wall trough the ceiling plaster assembly.

21

M N

O West face structural brick cracks propagating from crawl space footing straight up through front door pocket (See photo N above). PT&C missed this serious partial collapse structural damage.

Northwest corner structural brick damage (Photo taken 4/24/09). PT&C missed this serious partial collapse structural damage.

22

P

R

Q

Photo shows view of front porch and entrance to home. Center porch column (to right) is so out of plum that displacement can be seen by eye. We„re confident PT&C did not put their four foot level on this one.

West face structural brick cracks propagating from 1st to 2

nd floor

window pockets. PT&C failed to report this structural damage.

West face structural brick cracks propagating from 1

st floor window

and door pockets to 2nd

floor window pockets.

23

S T

U

Photo shows southeast corner of front porch which has pulled away from home. PT&C either neglected or failed to report this serious partial collapse damage sustained to the Pumphrey home on April 18, 2009.

Northwest front porch column displacement damage.

Center front porch column displacement damage.

24

The PT&C report misrepresents other structural damages sustained as the result of the partial collapse of the

Pumphrey home on April 18, 2009. The following photos call attention to clear PT&C omissions:

The PT&C report recklessly misrepresents the extent of partial collapse and displacement damages sustained to

northeast exterior corner of the Pumphrey home. Photos A through L document the serious “through cracks”

which propagate from top to bottom of the home. This damage is not simply superficial cracks sustained in a

“brick veneer” as the PT&C report writer would have the uneducated report reader believe, but serious structural

damage to the load bearing brick supporting structure.

The PT&C report writer misrepresents the front of home contains as “one crack” in the west “brick veneer”.

Photos M through U document the serious “through cracks” which propagate from top to bottom on the west

exterior face of the home and displacements consistent with partial collapse of the structure.

The PT&C report writer claims there are no visible damages to the north exterior face of the home. Photos F, K,

V, and W discredit this PT&C misrepresentation.

However, photos X through AA to follow tell a more alarming story which can only rationalized as a deliberate

deception. The PT&C report writer omits any mention of the serious collapse damage sustained to the structurally

load bearing interior brick wall assembly shown.

Figure 14: Photos V through AA depicting partial collapse damage sustained to the north exterior wall and

north interior structural brick support wall of the Pumphrey dwelling.

Partial Collapse Structural Damages Sustained by the North Exterior

& Interior Structural Brick Walls:

V. Structural brick cracks present over door pocket located in the middle of the north exterior wall.

W. Triple-wythe “through cracks” and displacement present at north face door pocket.

X. Plaster compression damage caused by collapse displacement of interior brick support wall.

Y. Close up of circled area in photo “X” showing triple-wythe through crack & large lateral displacement.

Z. Compression & collapse displacement damage to interior brick support wall to the left of photo “X”.

AA. Close up of circled area in photo “Z” showing triple-wythe through crack & large lateral displacement.

V W

North face structural brick cracks over door pocket. The PT&C report omitted this damage.

Structural brick through cracks and displacement evident at door pocket in the middle of north facing exterior wall. The PT&C report omitted this damage.

25

Photos X through AA document serious collapse and displacement damages sustained to the interior brick wall

assembly that structurally supports the north half of the Pumphrey home. The damages depicted are consistent

with expert assessments that the northeast corner of the dwelling has dropped ¾” and the northwest corner has

dropped ½” as the result of the partial collapse occurrence of April 18, 2009. PT&C’s failure to properly report

this serious collapse damage is believed to be both negligent and in reckless disregard for professional

engineering ethical conduct standards.

Compression & collapse damage to interior brick support wall just left of area shown in photo “X”. The PT&C report misrepresented the true severity of this damage presented as “Photograph 27”.

Close up of circled area in photo “Z” shows cracked structural brick with large displacement. PAC believes the PT&C report was crafted to understate and marginalize the severity of this damage.

Collapsed section of interior structural brick supporting wall. Photo shows compression damage to plaster wall assembly. Underlying structural brick damage consists of through cracks with lateral and vertical displacement.

Close up view of circled area in photo “X” showing lateral brick displacement. This serious structural collapse damage was omitted by the PT&C report.

X Y

Z AA

Much greater than a ¼” ??

Much greater than a ¼” ??

Much greater than a ¼” ??

Much greater than a ¼” ??

26

Figure 15: Shows “Photograph 27” contained as part of the PT&C report dated May 29 2009. This report was provided to USAA and used as a basis for denial of the Pumphrey‟s rightful first party claim benefits that should have been granted under the “collapse” coverage provisions.

This “Photograph 27” depicts areas shown under Figure 14 above; specifically photos “X”, “Y”, “Z” and “AA” which show clear collapse damage to an interior structural brick support wall with both vertical and lateral displacement damage. This collapse damage is very serious; the PT&C report writer uses the washed out overview photo with the caption “View of damaged wall cladding within basement” in an attempt to mislead the uninformed report reader. PT&C‟s alarming representation is attempting to suggest this damage is somehow a minor cosmetic issue. PT&C‟s failure to properly report this serious collapse damage is believed to be both negligent and in reckless disregard for professional engineering ethical conduct standards.

We ask the Colorado DOI to investigate what is believed to be an intentional effort by a third party engineering firm to construct a deceptive report which was utilized by the carrier to wrongfully deny coverage at issue. We ask that the Colorado DOI take appropriate action as deemed necessary to correct this matter and send a message that will deter other third party experts from engaging in such similar conduct in the future.

PAC notes that general carrier use of so-called “forensic” professional engineering reports which distort and/or misrepresent material facts pertinent to coverage at issue is out of control in Colorado. The typical consumer faced with a large loss situation does not have the basic understanding or the availability of reliable market resources to adequately address what is believed to be a growing form of serious insurance carrier corruption. PAC can provide the Colorado DOI with numerous examples of similar conduct which supports this allegation. The consumers of Colorado need the DOI to step up and provide protection from such practices.

27

To compound our concerns relating to questionable professional engineering conduct, the PT&C investigative

report fails to address serious life safety issues that were clearly evident following the partial collapse of the

Pumphrey structure on April 18, 2009. The omitted life safety concerns, which all prevent sensible occupancy of

the dwelling, are noted as follows:

Affirmation that the Pumphery home sustained serious structural damages.

Affirmation that the loss occurrence of April 18, 2009 involved a partial collapse of the structure.

Issuance of an appropriate warning highlighting concerns for additional collapse damage.

Up front testing of the damaged structure interior for asbestos as required for Colorado Regulation 8B.

Up front testing of the damaged structure as required by OSHA Regulation concerning worker safety.

Affirmation of displacement stresses on natural gas and water utility lines.

Affirmation of displacement stresses on the electrical feed lines and distribution circuits (See Figure 15).

Affirmation of wracked doors which would prohibit safe exit.

PT&C should have addressed all the noted life safety issues in their May 29, 2009 report but failed to do so.

PT&C is believed to be duty bound to accurately report life safety concerns that should have been evident during

their investigation of the loss site. The PT&C report should have contained clear statements that the damages had

rendered the Pumphery home unsafe and uninhabitable. PAC can only conclude that PT&C omitted addressing

serious life safety concerns in a deliberate effort to bolster their client’s wrongful coverage avoidance scheme.

Proper affirmation of the life safety issues involved would have triggered a clear coverage duty for USAA.

With regard to the asbestos testing of the Pumphrey residence, both Adjuster La Dow and the PT&C investigator

knew or should have known that the Pumphrey residence required comprehensive asbestos testing before their

respective investigations could be conducted. Since the Pumphrey home is older than 1980, both Colorado

Regulation 8B and applicable OSHA Regulations require that the interior of the damaged structure be asbestos

tested with the issuance of an appropriate clearance report from a Colorado licensed asbestos tester before

workers could enter the damaged building without personal protective equipment and appropriate asbestos

awareness training. PAC does not understand why USAA and PT&C management would send their employees

into a potentially hazardous environment without completing proper asbestos testing first? PAC is concerned that

USAA and PT&C management somehow believe Colorado and Federal laws do not apply to them.

Figure 16: Photo BB shows displaced support wire connection for main power feed lines. The main power lines are no longer cable supported from the utility pole to the weather head connections; a serious life safety concern. Photo CC shows building displacement separation of a branch circuit conduit; another serious life safety concern. PAC does not understand how PT&C could neglect these and other serious life safety concerns in their investigative report supported by a Colorado Professional Engineering stamp.

BB CC

28

The PT&C report of May 29, 2009 misrepresents material weather information to somehow reach an unsupported

and erroneous conclusion as to the cause of the Pumphrey loss occurrence. PAC calls attention to the following

important excerpts from PT&C report of May 29, 2009:

IMPORTANT EXCERPTS FROM THE PT&C REPORT OF MAY 29, 2009

“USAA retained PT&C Forensic Consulting Services, P.A. to inspect the reported damage.

Specifically, we were asked to inspect the structure to determine the cause and origin of the

observed interior cracks and if they were associated with the collapse of the adjacent trench on or

about April 19, 2009.

CONCLUSIONS

The cracks in the interior and exterior finishes around the subject residence were the result

ground movement associated with the collapse of the construction trench to the north of the

subject property.

The collapse was exacerbated by a rain event, on or about April 17, and 18, 2009 which allowed

saturation of the underlying soils. …….

WEATHER DATA

According to the historic weather data in the Denver, approximately 2.53 inches of rain was

recorded on April 17 and 18, 2009 (Attachment B, Weather Data).

DISCUSSION

… On April 17 and 18, 2009, approximately 2.53 inches of accumulative rain was recorded in

Denver.

…Subsequent to the observed trench collapse, the insured began to notice cracks in the interior wall

and ceiling finishes. ….

It is PT&C’s professional opinion that the above observations and condition support the conclusion

that the cracks in the interior and exterior finishes in the subject residence were the result ground

movement associated with the collapse of the construction trench to the north of the subject

residence. It is also PT&C’s professional opinion that the collapse was exacerbated by a rain event,

on or about April 17 and 18, 2009 which allowed saturation of the underlying soils.

It should be noted that PT&C was not retained or directed by USAA to inspect the cause and origin

of the excavation collapse which occurred on or about April 19, 2009. As such, with the exception of

the investigation into the aforementioned rain event of April 17 and 18, 2009, and its possible

contribution to the collapse, PT&C performed no testing or formulated no opinions related to the

collapse of the excavation trench wall.”

Figure 17: Text block highlights IMPORTANT EXCERPTS FROM THE PT&C REPORT OF MAY 29, 2009. The highlight

scheme is noted as follows:

The green highlighted statements refer to PT&C‟s stated investigation objectives.

The blue highlighted statements denote PT&C‟s expressed disclaimers.

The yellow highlighted statements denote PT&C„s fabricated misrepresentations of fact.

The circled text calls attention to repetitious PT&C‟s efforts to reinforce material misrepresentations.

PAC calls attention to the red circled text: The PT&C report uses the words “accumulative rain” suggesting the report writer knew of the heavy snow fall event and misrepresented material facts pertinent to the coverage at issue; The report excerpts clearly demonstrate the writer‟s repetitious reliance on the fictitious “rain event” to support a false cause of loss conclusion.

Competent asbestos testing by a Colorado licensed asbestos tester has determined the damaged plasters in the

original portion of the Pumphrey home (Circa 1904) contain asbestos concentrations ranging from trace levels in

basement plasters and 2% to 4% concentrations in the damaged plasters in the upper two floors of the structure.

29

Figure 18: Shows annotated copy of “Weather Underground” information contained in the May 29, 2009 PT&C report under “Attachment B” “Weather Data”.

PAC calls attention to the annotated “Weather Data” which clearly indicates the two day snow accumulation for April 17 and 18, 2009 involved 9 to 11 inches. The PT&C report writer clearly was aware this period was not a “rain event” as suggested repeatedly throughout the PT&C report (See yellow highlighted text excerpts in Figure 17.). This is apparent when the report writer states in the “DISCUSSION” section, “On April 17 and 18, 2009, approximately 2.53 inches of accumulative rain was recorded in Denver.”

PAC asserts the PT&C report of May 29, 2009 was crafted to mislead the casual reader and used to buttress USAA‟s predetermined coverage denial position. We believe USAA did not distribute this report to the Insureds to conceal the misrepresentations used to wrongfully deny the policy coverage at issue.

30

PAC has previous called attention to Adjusters La Dow’s May 5, 2009 Xactimate representation shown in Figure

11 which characterizes “The Type of Loss:” as “EQ-EMOV” (Earthquake – Earth Movement). Adjuster La Dow

dispatches a PT&C investigator to the loss site on May 9, 2009. The PT&C report relating to this investigation

establishes a clear objective:

“Specifically, we were asked to inspect the structure to determine the cause and origin of the observed

interior cracks and if they were associated with the collapse of the adjacent trench on or about April

19, 2009.”

PAC notes the PT&C report writer carefully side steps investigation of “collapse” damages sustained by the

Pumphrey home in their investigation objective. The PT&C report writer instead refers to damages sustained by

the Pumphrey home as “observed interior cracks” and deflects the notion of “collapse” exclusively to the

“adjacent trench”. PAC has provided clear and compelling proof that PT&C misrepresented the true construction

of the home and understated the serious partial collapse damages sustained to the home.

PAC believes the PT&C report writer uses “on or about April 19, 2009” to infer a later time of loss so as to avoid

addressing that the Pumphrey home experienced a partial structure collapse at approximately 8:30 PM on April

18, 2009; precisely the point of the peak loading conditions associated with the heavy spring snow event (See

Figures 4 & 5). If PT&C properly investigated the precise time of loss and made accurate representations

concerning the peak heavy snow condition, their report would not have supported Adjuster La Dow’s

predetermined loss position of May 5, 2009. Accurate representation concerning the added weight condition of

ice, snow and sleet (a covered peril) propagated the partial collapse of the Insured’s dwelling (a covered peril)

would have been adverse to USAA’s preconceived coverage denial position.

PAC calls attention to the PT&C report disclaimer:

“It should be noted that PT&C was not retained or directed by USAA to inspect the cause and origin of

the excavation collapse which occurred on or about April 19, 2009. As such, with the exception of the

investigation into the aforementioned rain event of April 17 and 18, 2009, and its possible contribution

to the collapse, PT&C performed no testing or formulated no opinions related to the collapse of the

excavation trench wall.”

PAC calls attention to the yellow highlighted text which affirms PT&C’s so-called rigorous “investigation into

the aforementioned rain event of April 17 and 18, 2009, and its contribution to the collapse.” PAC has clearly

demonstrated that the PT&C report misrepresents the heavy spring snow storm as a “rain event of April 17 and 18,

2009”. The PT&C report writer attempts to reinforce the notion of a false “rain event” five times in the body of the

report. The PT&C report writer uses this false “rain event” as underlying support factor in part of its stated

“CONCLUSIONS”:

“The cracks in the interior and exterior finishes around the subject residence were the result

ground movement associated with the collapse of the construction trench to the north of the subject

property.”

“The collapse was exacerbated by a rain event, on or about April 17, and 18, 2009 which allowed

saturation of the underlying soils.”

PAC is quite concerned that USAA’s investigative expert would make formal conclusions concerning the cause

and origin of an Insured’s loss with false statements and without doing comprehensive due diligence on what is

reported to be the so-called root cause of loss (“collapse of the construction trench”). PAC notes the PT&C

investigation did not collect or analyze site soil conditions to support what can only be termed as a gross

distortion of the material facts. We note that PT&C was brought to the loss site (May 9, 2009) long after the

developer had altered the loss conditions; PT&C would not have been able to reliably evaluate the “collapse of

the construction trench” due to USAA’s tardy investigation effort. The admitted lack of complete investigation

supports concerns that PT&C was directed to perform a selective investigation intended to support a preconceived

USAA coverage denial position.

31

PAC wishes to call attention to one last final point concerning the PT&C report. The report writer seems to know

no boundaries concerning misstatement of material facts. The PT&C report misstates Pastor Pumphey in an effort

to somehow justify the false and unsubstantiated “CONCLUSIONS” made in the report:

“…Subsequent to the observed trench collapse, the insured began to notice cracks in the interior wall and ceiling finishes. …”.

Pastor Pumphrey and his wife believe this statement to be a serious distortion of the facts. Serious structural

cracks were present throughout their home on the morning of April 19, 2009 when the Pumphreys first realized

what had happened. Pastor Pumphrey did advise Adjuster La Dow concerning this situation during his loss

inspection of April 20, 2009. Pastor Pumphrey also informed Adjuster La Dow, “Many of the cracks are growing

and some new cracks are appearing.” PAC notes Pastor Pumphrey’s damage representations made to Adjuster La

Dow were accurate descriptions of the situation. The structure was and remains overstressed by the physical

displacement associated with the partial collapse of the dwelling on April 18, 2009. The PT&C report writer’s

misrepresentation and distortion of Pastor Pumphrey’s loss comments is inexcusable; to craft this false statement

to buttress the fabricated report conclusions is viewed as flagrant form of insurance fraud. PAC believes USAA

failed to provide Pastor Pumphrey with the PT&C report used to support the wrongful coverage denial position

simply because of this false representation. It is almost hard to imagine that an insurance carrier would knowingly

use a deceptive third party report to wrongfully deny coverage to a man of God, PAC can understand that USAA

would not want to distribute such a deceptive document.

On June 9, 2009, Adjuster La Dow reportedly sent the Pumphrey’s USAA coverage denial position. The

Pumphrey’s did not receive this official USAA correspondence until June 15, 2009 or 58 days after the loss was

reported. Although the coverage denial was conveyed and received prior to 60 days, we do not understand why

Adjuster La Dow delayed this coverage denial position in light of his May 5, 2009 Xactimate representation. The

May 29, 2009 PT&C report was not tendered at this time due to the obvious representations involved. Again, we

believe the PT&C report was crafted to buttress the wrongful coverage denial position predetermined by USAA.

Adjuster La Dow’s denial correspondence recites all the “Earth Movement” coverage exclusions contained within

the policy, but fails to inform the Insured how these exclusions specifically apply to loss (See Figure 19: USAA

June 9, 2009 Denial Correspondence). PAC is concerned as to how such a broad, non-specific denial tactic is used

to avoid a policy coverage duty. We specifically note the following on review:

1. “Earthquake, including land shockwaves or tremors before, during or after a volcanic eruption;” NOT APPLICABLE

2. “Landslide; mudslide or mudflow;” NOT APPLICABLE

3. “Subsidence, sinkhole, erosion or movement resulting from improper compaction, site selection or any external forces;” NOT

APPLICABLE: the home was built in 1904 and USAA has presented no factual evidence to a coverage

denial under this exclusion clause.

4. Earth sinking, rising or shifting, expanding or contracting; of earth all weather combined with water or not;” NOT

APPLICABLE: Yes the earth shifted, but USSA ignored the root causes of added weight of ice

and snow, partial collapse of the dwelling, and the contributory aspects of vandalism & malicious

mischief which reduced the lateral load resistance applying to the dwelling construction itself; all

these overlooked root issues are covered causes of loss under the policy.

PAC has carefully examined the PT&C report of May 29, 2009. We conclude the PT&C report reveals numerous

irregularities which include, but are not limited to, misrepresentation of critical material facts, conclusions based on “junk

science”, and serious omissions pertinent to the loss coverage at issue. This matter is of serious concern as it appears to be

crafted for the sole purpose to facilitate USAA’s coverage denial effort. PAC has included an annotated copy of this report

which highlights our concerns (See Attachment F).

PAC believes the Colorado DOI needs to thoroughly investigate all allegations made concerning the Pumphrey matter.

This matter, as presented, is viewed as just another example of a large insurance carrier using unfair and deceptive claim

practices, involving an elaborate third party scheme, intended to deprive the Insureds of rightful coverage owed under the

policy contract. PAC requests that the DOI take appropriate actions to discourage the use of distorted third party expert

reports intended to facilitate the unfair and deceptive treatment of large loss claimants. We believe appropriate action must

address the conduct of both the insurance carrier and the third party consultant to be effective.

32

Figure 19: USAA June 9, 2009 Denial Correspondence

PAC has carefully examined the USAA coverage denial position and concluded the “earth movement exclusions” simply do

not support USAA’s coverage denial when all relevant cause of loss factors are properly considered.

USAA, by virtue of the policy with the Insureds being a contract of adhesion, had a duty to find all reasonable coverage

mechanisms granting policy coverage in favor of the Insureds. In this case, USAA overlooked affirming coverage under the

covered perils of Weight of Ice, Snow & Sleet, Collapse and Vandalism & Malicious Mischief. Please note, with emphasis,

the damage to the insured home of April 18, 2009 satisfies multiple policy definitions relating to collapse.

PAC has good reason to assert that USAA has unreasonably handled and wrongfully denied covered damage claims filed by

the Pumphrey’s; we believe USAA’s actions were intentional and should be fully investigated by the Colorado DOI..

33

5. Adjuster La Dow follows the full laundry list of “earth movement” exclusions with the ambiguous

statement “are not covered causes of loss and other exclusions may apply.” The USAA claim

representative carefully skirts any mention of the carrier’s specific grounds for the coverage denial.

Instead Adjuster La Dow closes the denial correspondence with the statement: “By advising you

specifically of the reasons for our decision,…” Certainly the “Earth Movement” exclusions cited are

contained within the policy language, but Adjuster la Dow is not forthcoming with how they would apply

to deny the Insured’s coverage. PAC views the carefully worded denial as a deliberate unfair and

deception action intended to wrongfully deny coverage benefits owed the Insureds.

6. Adjuster La Dow resorts to other deceptions by making the reference “EARTH MOVEMENT CLAIM”

in the opening of the correspondence. The Pumphrey’s never represented their dwelling damage claim as

an earth movement claim. This issue appears to be a common thread in Adjuster La Dows treatment of

the claim; his efforts with PT&C were directed to buttress this flawed coverage position.

7. Adjuster La Dow incorrectly lists the “Date of Loss” as April 19, 2009. The PT&C May 29, 2009

report clearly states their objective to be:

“Specifically, we were asked to inspect the structure to determine the cause and origin of the

observed interior cracks and if they were associated with the collapse of the adjacent trench on or

about April 19, 2009.”

The “on or about April 19, 2009” information was certainly supplied by Adjuster La Dow when he

retained the consultant; we believe this issue was a point of discussion between the parties. PAC believes

the use of the April 19, 2009 “Date of Loss” is promoted to avoid the weight of ice, snow & sleet as

covered cause of loss associated with the true time of loss, April 18, 2009 at approximately 8:30 PM.

8. PAC notes that Adjuster La Dow incorrectly states the policy suit provision as “one year” where as the

new policy form has a two year suit provision. This may have been an inadvertent mistake by Adjuster La

Dow, but we do not understand why USAA Attorney Manager did not correct this mistake in her

correspondence sent during the Colorado DOI initial investigation; Ms. Jordan knew or should have

known this was a misrepresentation of policy coverage provisions which would mislead the Insureds.

PAC would like to present the coverage language related to collapse for additional comment:

34

Figure 20: USAA Policy Excerpt Pertaining to Collapse

PAC has carefully examined the USAA policy pertaining to the Pumphrey damage loss of April 18, 2009. We have provided USAA

with clear documentation that the Pumphrey dwelling has sustained a partial collapse which has rendered the Insured dwelling unsafe

and uninhabitable. PAC has also presented clear and compelling evidence that both weight of ice, snow & sleet and vandalism &

malicious mischief both are covered perils supported by the collapse coverage language. USAA has a clear duty of coverage for the

Pumphrey dwelling loss.

USAA, by virtue of the policy with the Insureds being a contract of adhesion, had a duty to find all reasonable coverage mechanisms

granting policy coverage in favor of the Insureds. In this case, USAA overlooked affirming coverage under the covered peril of

Collapse. The partial collapse was triggered and/or exacerbated by Weight of Ice, Snow & Sleet and Vandalism & Malicious Mischief.

Please note, with emphasis, the damage to the insured home of April 18, 2009 satisfies multiple policy definitions relating to collapse.

PAC has good reason to assert that USAA has unreasonably handled and wrongfully denied covered damage claims filed by the

Pumphrey’s; we believe USAA’s actions were intentional and should be fully investigated by the Colorado DOI.

35

PAC believes the policy language and details presented in this document establish a clear USAA duty of coverage

owed the Pumphrey’s. We further believe USAA’s Attorney Manager knew or should have known the USAA

coverage denial position was groundless in nature. PAC is shocked with Ms. Jordan’s written responses to the

Colorado DOI investigation which states in her July 13, 2009 correspondence,

“As stated in our previous letter, USAA recommends that Mr. and Mrs. Pumphrey pursue the builder

and their liability carrier for damages sustained to their property as a result of the collapse of the

construction trench.”

PAC believes Ms. Jordan took a very caviler position in view of the Colorado DOI letter of July 9, 2009 which

strongly suggests a “collapse “coverage duty and PAC’s investigation of the loss dynamics presented in this

document.

If USAA has additional facts to disclose in this matter which will clarify and/ or alter the facts as presented in this

document, we welcome the opportunity to give such information fair consideration. Please be advised, that I

personally attempted to discuss this matter with Adjuster La Dow in August; he was curt, professionally rude and

uncooperative. The Pumphreys will not tolerate any further involvement of Adjuster La Dow in any aspect of

USAA’s resolution of their damage claim. PAC believes this document to accurately portray the circumstances surrounding the Pumphrey losses. USAA is

perceived to have a clear first party coverage duty owed to the Pumphrey’s. USAA’s alleged unfair and deceptive

actions are believed to rise above the standard of “unreasonable claims conduct”. USAA actions have harmed the

insured in many ways; including the need for the Pumphrey’s to hire my firm to facilitate what should have been

an obvious coverage duty. We believe USAA must quickly review this situation and take appropriate action to

remedy this serious claim situation.

The Pumphreys wish to extend USAA 10 business days from the receipt of this document to demonstrate

appropriate good faith claims conduct. USAA can start by addressing the Pumphrey’s ALE needs. PAC has been

instructed to cooperate with all USAA good faith gestures which start with acceptance of first party coverage

responsibility and quickly result in the proper repair of the damaged Pumphrey property. USAA should carefully

consider the Pumphrey’s sincere gesture to cooperatively work out the claim issues moving forward.

Your prompt attention to matter is appreciated. I respectfully welcome all calls from any USAA representatives

with questions and/or solutions to get the Pumphrey’s damage claim back on track. You can always reach me at

303 941-3776 to discuss all claim matters.

Sincerely,

William McLoughlin

Public Adjusters of Colorado, LLC

Sole Member/Manager/ Eng.

PAC believes USAA deliberately misrepresented material facts pertinent to the loss coverage at issue,

first to the Pumphreys and then to the Colorado DOI during the course of an active claim investigation.

We, meaning the Pumphrey’s and PAC, ask the Colorado DOI to reopen their investigation in light of

this document. We specifically request the Colorado DOI take necessary steps to immediately assist the

Pumphreys. We also ask that the Colorado DOI take actions deemed necessary to protect Colorado

consumers as a whole; such remedies should discourage similar carrier behavior in the Colorado market

place.

36

Cc: Pastor Dr. Mark & Mary Kay Pumphrey - USAA Insureds

Ms. Marcy Morrison - Commissioner of the Colorado Division of Insurance

Ms. Stacy Coleman – Claim Investigator for the Colorado Division of Insurance

U.S. Senator Bennet – C/O Jonathan Tesky at the office of US Senator Michael Bennet

Encl: Attachments A through F

Attachment G – USAA Coverage Denial and Colorado DOI/USAA Claim Investigation Correspondence

Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Attachment A

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351 Fax: 303 799-7721

“Adjusters for the Policyholder

Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Attachment B

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351 Fax: 303 799-7721

“Adjusters for the Policyholder

91A

YES

YES

YES

YES

YES

YES

YES

YES

YESYES

YESYES

YES

YES

-..cONDOMINIUMOWNERS

01054 82 13eIe

YES

YES

YES

YESYES

YESYES

YESYES

YES

YES

YES

YES

COMPREt-ENSlVE

IOsAA DOE[)NOT WRITE

YESYES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YESYES

YES

YESYESYESYESYES

YES

YES

YES

YES

YES

YES

YES

YES

YESYES

YES

YES

YES

YES

NO

NO

NO

HOMEOWNERS..TYPE OF POLICY SELECTED

BASIC BROAD SPECIAL

I~Av9R9f~)YES

KINDS OF LOSSES

FIRE OR LIGHTNING

LOSS OF PROPERTY REMOVED FROMPREMISES ENDANGERED BY FIRE OROTt-£R PERLS

WINDSTORM OR HAIL

EXPLOSION

RIOT OR crVIL COMMOTION

AIRCRAFT

VEHICLES

SMOKE

VANDALISM AND MAliCIOUS MISCHIEFTHEFT

BREAKAGE OF GLASS CONSTITUTING APAAT OF THE BUILDING

FALLING OBJECTS

WEIGH OF ICE, SNOW, SLEET

COLLAPSE OF BUllDING1S) OR ANY PARTTHEREOF

SUDDEN AND ACCIDENTAl TEARINGAPART, CRACKING, BURNING, ORBULGING OF A STEAM OR HOT WATERrEATING SYSTEM OR OF APPLIANCESFOR HEATING WATER NO

ACCIDENTAL DISCHARGE, LEAKAGE OROVERFLOW OF WATER OR STEAM FROMWITHIN A PLUMBING, HEATING OR AIRCONDITIONING SYSTEM OR DOMESTICAePLIANCE NO

FREEZ-fNG OF PLUMBING, HEATING ANDAIR CONDI1"IONING SYSTEMS ANDDON1ESTIC APPLIANCES NO

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

SUDDEN AND ACCIDENTAL INJURYFROM ARTIFICIALLY GENERATEDCURRENTS TO ELECTRICAL APPLIANCES,DEVICES, FIXTu:lES AND WIRING. NO

All PERILS EXCEPT FLOOD,EARTHQUAKE, WAR, NUCLEARACCIDENT AND OTHERS SPECIFIED INYO~ POLICY. (DWELLING ONLYl NO

YES

NO

YES

YES

YES

YES

YES

NO

CHECK YOUR POLICY FOR A COMPLETE LISTING OF PERILS NOT COVf:RED.

PERILS APPLY TO DWELLING AND CONTENTS

.. TYPES OF POLICY GO BY VARIOUS NAMES WITH DIFFERENT INSURANCE COMPANIES.THE KINDS OF LOSSES COVERED AND POLICY CONDITIONS MAY VARY BY COMPANY.

** COVERAGE IN THE CONDOMINIUM-UNIT-OWNER'S POLICY IS LIMITED TO THOSE BUILDING ITEMS FORWHICH THE INSURED IS MADE RESPONSIBLE UNDER THE CONDOMINIUM ASSOCIATION'S CONTRACT.

3C28 Ed. 11-97 Page 3 of 3

Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Attachment C

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351 Fax: 303 799-7721

“Adjusters for the Policyholder

Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Attachment D

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351 Fax: 303 799-7721

“Adjusters for the Policyholder

Attachment E

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351

Fax: 303 799-7721

“Adjusters for the Policyholder

Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

HIstOry: Weather Underground page 1 01 j

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History for Denver Centennial, COSaturday, April 18, 2009

Daily Summary

Actual: Average: Record:

- 0

-0

78 OF (2001)

28 OF (2006)

56 OF

31°F

30.21 in

0.00 in

11.00 in

34 OF

37 OF

30 OF

31°F

1.13 in

32

97

100

92

Temperature:

Mean Temperature

Max Temperature

Min Temperature

Degree Days:

Heating Degree Days

Moisture:

Dew Point

Average Humidity

Maximum Humidity

Minimum Humidity

Precipitation:

Precipitation

Snow:

Snow

Snow Depth

Sea Level Pressure:

Sea Level Pressure

Wind:

Wind Speed 11 mph (NNW)

Max Wind Speed 16 mph

Max Gust Speed

Visibility 2 miles

Events Fog , Rain , SnowAverages and records for this station aw not offiCial NWS values,

Click here for data from the nearest station with official NWS data (KDEN)T = Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary

R/7/?OOQ

HIstOry: Weather Underground Page '2 ot j

Average Higl"I/Loli\l C

~--c~~~~o:11

6 ~ d~9 10 11 noon 1 2 3 4 5 6 7 8 9 10 11

hPa

4 5 6 7 8 9 10 11

F'~rnfii:'r d(:.,I' Deli'! F'Ollr!

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300 '--I---'r....-l......l.-..................""--""--............-'-...........................................L.......l......L.--I......L_ 1016midnight 2 3 4 5 6 8 9 10 11 noon 1 2

1

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midnight 3 4 5 6 7 9 10 11 noon 1 2 4 5 6 8 9 10 111

8 9 10 113 4 5 68 9 10 11 noon 12 3 4 5 6

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midnight1

Hourly Observations

Time Dew(MDT): Temp.: Point:

Wind WindVisibility: Dir: Speed:

GustSpeed:

Precip: Events: Conditions:

12:53 AM 32.0 OF 30.9 of 96%

1:53 AM 30.9 of 30.9 of 100%

2:53 AM 32.0 of 30.9 of 96%

30.12 in

30.12 in

30.11 in

0.1 miles NNW 9.2 mph

0.1 miles NNW 9.2 mph

0.1 miles NNW 11.5 mph

0.00 in Fog.Snow

0.01 in ~~Tn'

0.01 in Fog.Snow

Light Snow

Light Rain

Snow

3:53 AM 32.0 of 30.9 of 96%

4:53 AM 32.0 OF 30.9 of 96%

30.10 in

30.10 in

0.5 miles NNW 13.8 mph

0.5 miles NNW 15.0 mph

0.03 in Fog.Snow

0.04 in Fog,Snow

Light Snow

Snow

5:53 AM 32.0 of 30.9 OF 96% 30.10 in 0.5 miles NNW 12.7 mph N/AFog,Snow

Snow

6:53 AM 32.0 of 32.0 OF 100%

7:53 AM 32.0 OF 32.0 of 100%

30.10 in

30.11 in

0.5 miles NNW 13.8 mph

0.5 miles NW 10.4 mph

0.03 in Fog,Snow

0.04 in Fog,Snow

Light Snow

Snow

8:19 AM 32.0 of 32.0 of 100%

8:53 AM 32.0 OF 32.0 of 100%

9:53 AM 33.1 of 32.0 OF 96%

10:15 AM 33.8 OF 32.0 of 93%

10:53 AM 33.1 of 32.0 of 96%

30.04 in

30.12 in

30.13 in

30.07 in

30.15 in

0.2 miles NW 11.5 mph

0.5 miles NW 11.5 mph

0.2 miles NW 13.8 mph

0.5 miles NNW 16.1 mph

0.5 miles NNW 13.8 mph

0.01 in Fog,Snow

0.03 in Fog.Snow

0.03 in Fog,Snow

0.01 in Fog,Snow

0.05 in Fog,Snow

Snow

Snow

Snow

Snow

Snow

tKl7nooC)

HIstOry: Weather Underground Page:; ot:;

Time DewHumidity: ~~:s;~~::

Wind Wind Gust(MDT): Temp.: Point: Visibility:

Dir: Speed: Speed:Precip: Events: Conditions:

11 :53 AM 33.1 of 32.0 OF 96% 30.17 in 0.5 miles NNW 13.8 mph 0.08 inFog,

SnowSnow

12:53 PM 33.1 of 32.0 of 96% 30.19 in 0.5 miles NNW 11.5 mph 0.10 in Fog,Snow

Snow

1:06 PM 33.8 OF 32.0 of 93% 30.12 in 0.2 miles NNW 12.7 mph 0.02 inFog, Heavy SnowSnow

1:33 PM 33.8 of 32.0 of 93% 30.13 in 0.5 miles NNW 11.5 mph 0.06 inFog, SnowSnow

1:53 PM 34.0 of 32.0 of 92% 30.22 in 0.5 miles North 15.0 mph 0.09 inFog, SnowSnow

236 PM 33.8 of 33.8 of 100% 30.16 in 1.2 miles NNW 12.7 mph 0.09 in Snow Light Snow

2:53 PM 35.1 of 33.1 of 92% 30.24 in 1.5 miles NNW 16.1 mph 0.13 in Snow Light Snow

3:42 PM 35.6 of 33.8 of 93% 30.17 in 3.0 miles NNW 15.0 mph 0.18 inRain, Light RainSnow

3:53 PM 36.0 OF 34.0 of 93% 30.24 in 3.0 miles North 13.8 mph 0.22 inRain, Light RainSnow

4:53 PM 36.0 of 34.0 of 93% 30.26 in 6.0 miles North 10.4 mph 0.23 in Rain Light Rain

5:53 PM 36.0 OF 35.1 of 97% 30.28 in 7.0 miles NNW 5.8 mph 0.01 in Overcast

6:29 PM 35.6 OF 35.6 of 100% 30.22 in 10.0 miles NW 4.6 mph N/A Overcast

6:53 PM 37.0 of 35.1 of 93% 30.28 in 9.0 miles NNW 6.9 mph N/A Overcast

7:27 PM 37.4 of 35.6 of 93% 30.24 in 5.0 miles West 4.6 mph N/A Overcast

7:53 PM 37.0 of 35.1 of 93% 30.31 in 3.0 miles West 5.8 mph 0.00 in Rain Light Rain

8:37 PM 37.4 of 35.6 OF 93% 30.27 in 4.0 miles NW 4.6 mph 0.00 in Rain Light Rain

8:53 PM 37.0 of 35.1 of 93% 30.35 in 5.0 miles NW 4.6 mph 0.00 in Light Drizzle

9:53 PM 37.0 OF 35.1 of 93% 30.37 in 4.0 miles NW 5.8 mph 0.00 in Light Drizzle

10:44 PM 35.6 OF 35.6 OF 100% 30.31 in 6.0 miles Calm Calm 0.00 inMostlyCloudy

10:53 PM 36.0 of 35.1 of 97% 30.37 in 6.0 miles Calm Calm 0.00 inMostlyCloudy

11 :53 PM 35.1 of 34.0 OF 96% 30.38 in 5.0 miles SSW 4.6 mph 0.00 inMostlyCloudy

.....,.1¥\ Copyright © 2009 Weather Underground, Inc,

fl.l7nOOQ

HIStory: weamer unaergrouna rage 1 01 '+

History for Denver Centennial, COFriday, April 17, 2009

Daily Summary

Temperature:

Mean Temperature

Max Temperature

Min Temperature

Degree Days:

Heating Degree Days

Moisture:

Dew Point

Average Humidity

Maximum Humidity

Minimum Humidity

Precipitation:

Precipitation

Snow:

Snow

Snow Depth

Sea Level Pressure:

Sea Level Pressure

Actual:

32

34 of

96

100

87

1.40 in

0.00 in

8.00 in

30.06 in

Average: Record:

81°F (2006)

12 OF (1999)

-0

- 0

Wind:

Wind Speed 11 mph (NW)

Max Wind Speed 17 mph

Max Gust Speed 24 mph

Visibility 1 miles

Events Fog, Rain, Snow, ThunderstormAverages and records for this station are not official NWS values

Click here for data from the nearest station with official NWS data (KDEN)T = Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary

hHn'/!",nrnr nnmr1prnrrll1nr1 {'()rr\!hi ~t{"\l",r/l'lirn()rt/KAP A nOOQ/4/1 7 /n:'lilvHi"torv -htm1 817/2009

HIstory: Weather Underground Page '2 ot 4

c

n·1

hPa

-j'm1019

10168 9 10 114 5 6

, ',1,

'. /-~ r'-'_~_,

r ,-8 9 10 11 noon 1 2

~t~~ <.~~ •midnight 2 3 4 5 6 7 8 9 10 11 noon 1 2 3 4 5 6 7 8 9 10 11

1in Hg

30.2 [

30.1

30.0 !

midnight 2 3 4 5 61

mph kmih'llillmJ SpeecJ ~uln(j Gust

8 9 10 118 9 10 11 noon 1 2 3 4 5 66234

~p .. ~ ~o0.0 '-~ ' ' -.1. -.1.--10-.1.--10-.1.' ' ...0- 3midnight

1

2 3 4 6 8 9 10 11 noon 1 2 3 4 5 6 8 9 10 11

Hourly Observations

0.5 miles NNW 13.8 mph 18.4 mph 0.02 in Fog, Snow

0.5 miles North 15.0 mph 23.0 mph 0.02 in Fog, Rain,Snow

1.0 miles NNW 10.4 mph -

Light Snow

Light Snow

Light Snow

Light Snow

Light Snow

Rain

Light Snow

Overcast

Light Rain

Light Snow

Light Rain

Fog

Overcast

Conditions:

Fog

0.01 in Snow

0.00 in Snow

0.03 in Snow

0.01 in Snow

0.02 in Snow

0.01 in

0.02 in Snow

0.01 in Fog, Rain

N/A

0.01 in Rain

0.02 in

Precip: Events:GustSpeed:

0.8 miles NNW 9.2 mph

1.0 miles North 16.1 mph -

1.0 miles North 15.0 mph

1.0 miles North 17.3 mph -

0.5 miles North 16.1 mph

1.5 miles North 13.8 mph -

0.5 miles North 12.7 mph

1.0 miles North 13.8 mph -

1.0 miles North 8.1 mph

1.0 miles North 11.5 mph

V' 'bTty Wind Wind151 I I : Dir: Speed:

30.10 in

30.04 in

30.04 in

30.08 in

30.07 in

30.07 in

30.03 in

30.02 in

30.07 in

30.03 in

30.07 in

30.08 in

30.11 in

32.0 of 30.9 of 96%

32.0 OF 30.2 of 93%

32.0 of 30.2 of 93%

32.0 of 30.9 OF 96%

32.0 of 30.9 OF 96%

32.0 of 32.0 OF 100%

33.8 of 32.0 OF 93%

33.8 of 32.0 OF 93%

34.0 of 33.1 OF 96%

35.1 of 34.0 of 96%

34.0 of 34.0 of 100%

35.1 of 34.0 OF 96%

35.6 of 33.8 of 93%

Time(MDT):

12:53AM

1:53AM

2:53AM

3:06AM

3:53AM

4:21AM

4:30AM

4:53AM

5:53AM

6:53AM

7:53AM

8:16AM

8:41AM

Q 17/'J f)f)Q

t11SWry: weamer unaergrouna rage j or '+

Humidity: Sea Level V· 'bTty Wind WindPressure: lSI I I : Dir: Speed:

0.5 miles NW 13.8 mph 24.2 mph 0.27 in Snow

0.5 miles NNW 8.1 mph 20.7 mph 0.27 in Snow

0.5 miles WSW 16.1 mph 24.2 mph 0.07 in Fog, Snow

Thunderstormsand Snow

Heavy Snow

Conditions:

Heavy Snow

Snow

Light Snow

Snow

Light Snow

Snow

Light Snow

Light Snow

Light Rain

Light Snow

Light Snow

Light FreezingRain

Light Rain

Light Rain

Light Snow

Heavy Snow

Heavy Snow

Heavy Snow

Light Snow

Light Snow

Heavy Snow

Light Snow

Heavy Snow

Heavy Snow

Heavy Snow

Heavy Snow

Fog, Rain

0.02 in Fog, Snow

Precip: Events:

0.01 in Snow

0.05 in Snow

N/A Fog, Snow

0.03 in Fog, Snow

0.03 in Fog, Snow

0.05 in Fog, Snow

0.04 in Fog, Rain,Snow

0.07 in Fog, Rain

N/A

0.07 in Fog. Snow

0.10 in Fog, Snow

0.09 in Fog, Snow

O08 . Fog, Snow,. In Thunderstorm

0.04 in Snow

0.20 in Fog, Snow

0.00 in Fog, Snow

0.20 in Fog, Snow

0.18 in Fog, Snow

0.00 in Snow

0.01 in Fog, Snow

0.18 in Fog. Snow

0.02 in Fog. Snow

0.01 in Fog, Snow

GustSpeed:

16.1 mph 24 2 mph 0 07 'n Fog, Rain,. . I Thunderstorm

0.5 miles NNW 11.5 mph -

1.0 miles NNW 11.5 mph •

0.8 miles NNW 11.5 mph

0.5 miles NNW 12.7 mph

0.5 miles NNW 12.7 mph

0.2 miles North 16.1 mph •

0.5 miles NNW 13.8 mph

0.2 miles NW 6.9 mph

0.2 miles NNW 10.4 mph -

0.1 miles NNW 9.2 mph

0.1 miles SW

0.2 miles WSW 15.0 mph •

0.5 miles WSW 13.8 mph -

0.2 miles WSW 8.1 mph

0.2 miles WSW 13.8 mph

0.5 miles WNW 9.2 mph

0.2 miles West 10.4 mph -

0.1 miles West 11.5 mph -

0.2 miles West 10.4 mph -

0.5 miles NNW 8.1 mph

0.2 miles NNW 11.5 mph

0.1 miles NNW 12.7 mph •

0.2 miles NNW 12.7 mph

0.2 miles North 15.0 mph

0.2 miles NNW 8.1 mph

30.04 in

30.04 in

30.09 in

30.10 in

30.10 in

30.03 in

30.08 in

30.07 in

30.01 in

30.04 in

30.00 in

30.01 in

30.03 in

30.02 in

30.02 in

30.09 in

30.02 in

30.03 in

30.11 in

30.03 in

30.04 In

30.03 in

30.09 in

30.03 in

30.12 in

30.04 in

30.04 in

30.13 in

DewTemp.: Point:

32.0 of 30.2 of 93%

32.0 OF 30.2 of 93%

32.0 OF 30.9 OF 96%

32.0 of 32.0 OF 100%

33.1 of 32.0 OF 96%

33.8 of 32.0 'F 93%

32.0 OF 30.9 of 96%

33.8 of 32.0 of 93%

33.1 of 33.1 of 100%

34.0 of 33.1 of 96%

33.8 OF 32.0 OF 93%

32.0 OF 30.2 of 93%

32.0 OF 32.0 OF 100%

32.0 OF 32.0 of 100%

33.8 OF 32.0 of 93%

33.8 'F 30.2 of 87%

33.8 OF 32.0 OF 93%

32.0 of 30.2 of 93%

33.8 OF 32.0 OF 93%

32.0 OF 30.9 OF 96%

32.0 of 30.2 OF 93%

32.0 'F 32.0 'F 100%

32.0 OF 30.9 OF 96%

32.0 of 30.2 of 93%

32.0 of 32.0 'F 100%

32.0 of 30.2 'F 93%

32.0 'F 30.2 OF 93%

32.0 of 30.9 OF 96%

Time(MDT):

853AM

9:13AM

9:39AM

9:53AM

10:53AM

11 :29AM

11 :53AM

12:35PM

12:53PM

1:53PM

2:16PM

2:24PM

2:26PM

2:32PM

2:43PM

2:53PM

3:30PM

3:51PM

3:53PM

4:03PM

4:47PM

4:53PM

5: 11PM

5:28PM

5:53PM

6:02PM

6:22PM

6:53PM

R/7/2009

111~LVIY • vve;aLHCl U uue;lgIvwIU rage; "t VI "t

Time Dew Humidity: Sea Level V' 'bTty Wind Wind Gust(MDT): Temp.: Point: Pressure: lSI II : Dir: Speed: Speed: Precip: Events: Conditions:

7:0232.0 OF 30.2 OF 93% 30.05 in 0.5 miles NNW 9.2 mphPM 0.01 in Fog, Snow Snow

7:53 32.0 OF 30.9 OF 96% 30.16 in 0.5 miles SSEPM 4.6 mph 0.08 in Snow Light Snow

8:27 33.8 OF 32.0 OF 93% 30.10 in 0.5 miles Calm CalmPM 0.01 in Fog, Snow Snow

8:40 33.8 OF 32.0 of 93% 30.11 in 0.5 miles Calm Calm 0.01 in Snow Light SnowPM8:53

32.0 OF 30.9 of 96% 30.19 In 1.5 miles Calm Calm 0.04 in Snow Light SnowPM9:13

32.0 of 30.2 OF 93% 30.11 in 1.2 miles Calm Calm 0.00 in Snow Light SnowPM9:53

32.0 OF 30.9 'F 96% 30.16 in 1.2 miles WNW 11.5 mph 0.02 in Snow Light SnowPM10:01 32.0 OF 32.0 OF 100% 30.08 in 0.5 miles WNW 10.4 mph 0.00 in Snow Light SnowPM10:06 32.0 OF 32.0 OF 100% 30.08 in 0.5 miles WNW 6.9 mph 0.00 in Light DrizzlePM10:32 32.0 OF 32.0 'F 100% 30.08 in 0.1 miles West 6.9 mph 0.00 in Fog FogPM10:53 32.0 OF 32.0 'F 100% 30.16 in 0.1 miles WNW 4.6 mph 0.00 in Fog FogPM11 :53 32.0 OF 30.9 OF 96% 30.16 in 0.1 miles NW 9.2 mph 0.00 in Fog FogPM

~ -;$\, Copyright © 2009 Weather Underground, Inc.

httn'llwww WlmnPToTOImn ('omlhi"torv/;;lirnor1/K APA/2009/4117/DailvHistorv .html 8/7/2009

HIstOry: Weather Underground page 1 01 j

Roll O','N hH Info~ CUD< I-B'1E R::¥=l RAJ''.! CETAILS

History for Denver Centennial, COThursday, April 16, 2009

Daily Summary

Actual: Average: Record:

- ()

75 of (2006)

14 of (1999)

56 OF

31°F

29.91 in

0.23 in

38 of

44 OF

34 of

26

36 of

90

100

76

Temperature:

Mean Temperature

Max Temperature

Min Temperature

Degree Days:

Heating Degree Days

Moisture:

Dew Point

Average Humidity

Maximum Humidity

Minimum Humidity

Precipitation:

Precipitation

Sea Level Pressure:

Sea Level Pressure

Wind:

Wind Speed 5 mph (NNW)

Max Wind Speed 18 mph

Max Gust Speed 24 mph

Visibility 3 miles

Events Fog, RainAverages and records for this station are not official NWS values.

Click here for data from the nearest station with official NWS data (KDEN).T =Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary

fV7J')OOQ

HIStory: weatner unaergrouna Page L ot .;

~f, ~~--_.__.__ ._~- ,midnight 2 3 4 5 6 7 8 9 10 11 noon 1 2 3 4 5 6 7 8 9 10

1

kmhl

V168o

hPa

~ 1023.. ~ 101010161013100910061002

8 9 10 11

B 9 10 11

-----

-~----,---~-'--

8 9 10 11 noon 1 2 3 4 5 6

\llJlnd Gust

in Hg

30.2 ~30.130.029.929.829.729.6 c=T--,-

midnight 2 3 4 5 61

mph

300!25.020.015.010.05.0 -~-0.0 . -I>

midnight 2 3 4 5 6 7 8 9 10 11 noon 1 2 3 4 5 61

4 5 6 7 8 9 10 1110 11 noon 1 282 3 4 5 6

~1 tt .' · '. ..j00 ~_,l"J~~ ' ---1. _ ' _ ---I._ jmidnight

1

Humidity: g~:s;~~:~76% 29.65 in

82% 29.65 in

86% 29.67 in

Hourly Observations

Time Dew(MDT): Temp.: Point:

12:53 AM 43.0 OF 36.0 OF

1:53 AM 42.1 of 37.0 OF

2:53 AM 37.9 of 34.0 OF

3:53AM 37.0 of 34.0 OF 89%

4:53 AM 42.1 of 37.0 of 82%

5:53AM 43.0 of 39.0 OF 86%

6:53AM 41.0 OF 39.0 OF 93%

7:16AM 39.2 of 37.4 of 93%

7:49AM 39.2 of 37.4 of 93%

7:53 AM 39.0 OF 37.0 OF 93%

8:53 AM 37.9 OF 37.0 of 97%

9:53 AM 37.0 of 36.0 of 96%

10:53 AM 37.0 of 36.0 OF 96%

11:53AM 37.0 of 35.1 OF 93%

12:46 PM 37.4 OF 35.6 of 93%

12:53 PM 37.0 of 35.1 of 93%

1:53 PM 37.0 of 35.1 of 93%

2:53 PM 37.0 of 35.1 of 93%

3:53 PM 37.0 OF 35.1 of 93%

4:53 PM 37.0 of 35.1 of 93%

5:53 PM 37.0 of 35.1 of 93%

29.69 in

29.69 in

29.70 in

29.77 in

29.86 in

29.86 in

29.80 in

29.84 in

29.88 in

29.91 in

29.93 in

29.93 in

29.94 in

29.94 in

29.98 in

29.96 in

29.94 in

29.94 in

V' 'bTty Wind Wind Gust Precip: Events: Conditions:151 II : Oir: Speed: Speed:

10.0 miles North 6.9 mph N/A Clear

10.0 miles NW 4.6 mph N/A Clear

10.0 miles South 3.5 mph N/A Clear

10.0 miles Calm Calm N/A MostlyCloudy

10.0 miles Calm Calm N/A Overcast

10.0 miles NNW 12.7 mph N/A Overcast

3.0 miles NNW 10.4 mph N/A Overcast

2.0 miles North 10.4 mph N/A Overcast

0.8 miles NNW 12.7 mph N/A Overcast

0.8 miles NNW 13.8 mph N/A Overcast

0.5 miles North 10.4 mph N/A Fog Fog

0.5 miles North 11.5 mph 0.00 inFog, Light RainRain

1.0 miles North 12.7 mph 0.00 in Rain Light Rain

1.0 miles North 11.5 mph 0.00 in Light Drizzle

2.0 miles North 15.0 mph 0.00 in Overcast

2.0 miles North 15.0 mph 0.00 in Overcast

2.0 miles NNW 12.7 mph N/A Overcast

2.0 miles NNW 10.4 mph N/A Overcast

2.0 miles NNW 15.0 mph N/A Overcast

2.0 miles NNW 12.7 mph 0.04 in Rain Light Rain

2.0 miles NNW 12.7 mph 0.04 in Rain Light Rain

HIStory: weatner unaergrouna page j 01 j

Time Dew Humidity: Sea Level Visibility :Wind Wind Gust

(MDT): Temp.: Point: Pressure: Dir: Speed: Speed:Precip: Events: Conditions:

6:53 PM 37.0 of 35.1 of 93% 29.98 in 2.0 miles North 15.0 mph 0.03 in Rain Rain

7:53 PM 35.1 of 34.0 of 96% 30.04 in 2.0 miles WNW 5.8 mph 0.09 in Rain Light Rain

8:53 PM 35.1 of 34.0 OF 96% 30.08 in 2.0 miles WNW 10.4 mph 0.03 in Rain Light Rain

9:53 PM 35.1 of 34.0 OF 96% 30.11 in 2.0 miles WNW 6.9 mph N/A Overcast

10:53 PM 34.0 OF 34.0 of 100% 30.11 in 2.0 miles NW 8.1 mph 0.00 in Overcast

11 :23 PM 35.6 of 33.8 of 93% 30.06 in 0.5 miles North 18.4 mph 24.2 mph N/A Overcast

11 :53 PM 35.1 of 34.0 of 96% 30.09 in 0.5 miles North 16.1 mph 0.00 in Rain Light Rain

~ ·~S\ Copyright © 2009 Weather Underground, Inc.

RI7/?()()Q

HIStory: weather unaergrouna

History for Denver Centennial, COWednesday, April 15, 2009

Daily Summary

G-',,,-,;L.i\j

rVI

page 1 ot j

-----------------,

Actual: Average: Record:

Temperature:

Mean Temperature 56 of

Max Temperature 71°F 56 of

Min Temperature 43 of 31 of

Degree Days:

Heating Degree Days 8

Growing Degree Days 6 (Base 50)

Moisture:

Dew Point 25 of

Average Humidity 35

Maximum Humidity 56

Minimum Humidity 13

Precipitation:

Precipitation 0.00 in

Sea Level Pressure:

Sea Level Pressure 29.53 in

Wind:

Wind Speed 10 mph (SSE)

Max Wind Speed 23 mph

Max Gust Speed 37 mph

Visibility 10 miles

Events

82 of (2002)

19 of (1999)

- 0

Averages and records for this station are not official NWS values.Click here for data from the nearest station with official NWS data (KDEN)T = Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary

Seasonal Weather Avera~~s

R/7/?()()C)

tilStory: weamer unaergrouna page L ot j

F "'Iilflt'! .el[1 Ji i.c· Delill ~'L'linl ,I\vet age Higt1/Lovu C

~ !~~-:--:--:--=~:-,~~.....I..'--:~"""-_-I-'-...l~_~...l!---l.'--L'~::!_-..L~---L.'~....' .....1..'.....1..'.....I..-.......1~!midnight 2 3 4 5 6 8 9 10 11 noon 1 2 4 5 6 7 8 9 10 11

1

kmll1\Mnd Gust

hPa

~lr ~1~29.6 __._ _ --- 1002

29.5 ~_._ 999._--------~--

29.4 ~--JI-.l-.J....""'...l--'-""'--J_&.-.L.' .....' --I_I--.l-.J.......l-...................--JI-.l-..L.-. 996midnight 2 3 4 6 8 9 10 11 noon 1 2 3 4 5 6 7 8 9 10 11

1mph

in Hg

9 10 114564 5 6 7 8 9 10 11 noon 1 2

~itt ~0.0 01.':-. .....1.....1'---'---""---""---.1...- ...':-- ........

midnight1

Hourly Observations

12:53AM 51.1 OF 30.0 of 44%

1:53PM 68.0 OF 16.0 of 14%

2:53 AM 50.0 OF 30.0 OF 46%

ScatteredClouds

ScatteredClouds

ScatteredClouds

ScatteredClouds

ScatteredClouds

Partly Cloudy

Partly Cloudy

ScatteredClouds

ScatteredClouds

ScatteredClouds

ScatteredClouds

ScatteredClouds

ScatteredClouds

ScatteredClouds

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Precip: Events: Conditions:GustSpeed:

11.5 mph

9.2 mph

6.9 mph

11.5 mph

13.8 mph

9.2 mph

11.5 mph

12.7 mph

WindSpeed:

10.4 mph

10.0 miles South 23.0 mph 34.5 mph N/A

10.0 miles South 21.9 mph 32.2 mph N/A

10.0 miles SSE 18.4 mph 36.8 mph N/A

10.0 miles South 13.8 mph 29.9 mph N/A

10.0 miles South 18.4 mph 26.5 mph N/A

10.0 miles SSE

10.0 miles South

10.0 miles SSE

10.0 miles SSE

10.0 miles South

10.0 miles SSW

10.0 miles SSE

10.0 miles SSE

10.0 miles SSE

V' 'bTty WindlSI II : Dir:

29.49 in

29.55 in

29.53 in

29.47 in

29.46 In

29.55 in

29.56 in

29.53 in

29.55 in

29.55 in

29.53 in

29.52 in

29.57 in

29.56 in

DewTemp.: Point:

12:53 PM 66.0 OF 17.1 OF 15%

11:53AM 64.9 of 19.0 of 17%

2:53 PM 70.0 OF 16.0 OF 13%

9:53 AM 59.0 OF 27.0 OF 29%

8:53 AM 54.0 OF 30.0 OF 40%

7:53 AM 50.0 OF 30.0 OF 46%

3:53 AM 45.0 OF 30.0 OF 56%

5:53 AM 46.0 OF 27.0 OF 47%

6:53 AM 45.0 OF 28.0 OF 52%

4:53 AM 43.0 OF 28.0 OF 56%

1:53 AM 50.0 OF 30.9 OF 48%

Time(MDT):

Ro/7 nOOQ

HIstOry: Weather Underground page j or j

Time Dew Humidity: Sea Level V' 'bTty Wind Wind GustPrecip: Events: Conditions:

(MDT): Temp.: Point: Pressure: lSI II : Dir: Speed: Speed:

3:53 PM 66.9 OF 16.0 of 14% 29.47 in 10.0 miles South 18.4 mph 28.8 mph N/A Mostly Cloudy

4:53 PM 66.9 OF 19.0 of 16% 29.47 in 10.0 miles South 23.0 mph 28.8 mph N/A ScatteredClouds

5:53 PM 66.0 OF 18.0 OF 16% 29.47 in 10.0 miles SSE 19.6 mph 24.2 mph N/A ScatteredClouds

6:53 PM 61.0 OF 19.0 OF 20% 29.51 in 10.0 miles South 17.3 mph N/A ScatteredClouds

7:53 PM 57.9 OF 21.0 OF 24% 29.54 in 10.0 miles South 13.8 mph N/A ScatteredClouds

26% 10.0 miles SW 15.0 mph N/A Scattered8:53 PM 55.4 OF 21.2 OF 29.57 in Clouds

10.0 miles Calm Calm N/A Scattered9:53 PM 51.1 OF 24.1 OF 35% 29.61 in Clouds

Calm N/A Scattered10:53 PM 46.0 OF 25.0 OF 44% 29.62 in 10.0 miles Calm Clouds

11 :53 PM 44.1 OF 25.0 OF 47% 29.62 in 10.0 miles ESE 3.5 mph N/A Partly Cloudy

....., li?\ Copyright © 2009 Weather Underground, Inc.

QI7f')()()Q

tilStory: weamer unoergrouno rage 1 or j

...------'---------"-----''''----'-'---,.-'----------------------------------_._---..,

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1\lc.;tF-nrl\/IF'tl Mnnc.;!PI rnlT'

History for Denver Centennial, COTuesday, Apn114, 2009

Daily Summary

Actual: Average: Record:

Temperature:

Mean Temperature

Max Temperature

Min Temperature

Degree Days:

Heating Degree Days

Growing Degree Days

Moisture:

Dew Point

Average Humidity

Maximum Humidity

Minimum Humidity

Precipitation:

Precipitation

Sea Level Pressure:

Sea Level Pressure

Wind:

Wind Speed

Max Wind Speed

Max Gust Speed

Visibility

Events

52 of

68 of

39 OF

12

2 (Base 50)

25 of

33

60

17

0.00 in

29.71 in

6 mph (South)

20 mph

31 mph

10 miles

56 OF

31°F

80 of (2002)

25 of (2007)

- 0

Averages and records for this station are not officIal NWS values.Click here for data from the nearest station with offiCial NWS data (KDEN)T =Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary

R/7/?OOQ

HIstOry: Weather Underground Page 1. ot j

~ r-- --~ -=~~~~,-~~ ,midnight 2 3 4 6 7 8 9 10 11 noon 1 2 3 4 5 6 7 8

1

c

-~ II-12-18

9 10 11

hPa

r'1009_ '" 1006

- ,--' ',--~ --- -- ---- -----. 1002! ""!,,, 9992 3 4 5 6 7 8 9 10 112 3 4 5 6 7 8 9 10 11 noon 1

29.9 [ ~29.829.729.629.5

midnight1

mph kmm'tIl'lnej :::peeu \Mnd Gust

in Hg

~1 L~--,--,,,,,'Lr--l.---L=·T~=-rt;;;;';;'" .L:':;;7;;);;;';;;,-';;1':'"............................l..'._-'..' ,--'----L• ................'--"--..I...-.........................nmidnight 3 4 5 6 8 9 10 11 noon 1 2 4 5 6 8 9 10 11

1

13 4 5 6 7 8 10 11 noon 1 2 4 5 6 7 8 9 10 11

360.0 ti'~;~:~ ':;,i

90.0 E0.0 I..I.""',---'---'---'---'---'---'---'---'---'---'.....l......l......l.............l.---'.....l......l......l......l.---'---'_midnight 2

1

Hourly Observations

Time DewHumidity: ~~:S~~~:~ V' 'bTty Wind Wind Gust Precip: Events: Conditions:

(MDT): Temp.: Point: lSI II :Dir: Speed: Speed:

12:53 AM 39.9 of 27.0 of 60% 29.87 in 10.0 miles ESE 3.5 mph N/A Partly Cloudy

1:53 AM 42.1 of 26.1 of 53% 29.85 in 10.0 miles SSE 5.8 mph N/A Partly Cloudy

2:53 AM 39.9 of 26.1 of 58% 29.83 in 10.0 miles South 9.2 mph N/A Partly Cloudy

3:53 AM 41.0 of 26.1 of 55% 29.81 in 10.0 miles South 6.9 mph N/A Partly Cloudy

4:53AM 41.0 of 27.0 of 57% 29.82 in 10.0 miles South 5.8 mph N/A Partly Cloudy

5:53 AM 42.1 of 25.0 OF 51% 29.80 in 10.0 miles SSE 4.6 mph N/A ScatteredClouds

6:53AM 41.0 of 25.0 OF 53% 29.82 in 10.0 miles South 6.9 mph N/A Partly Cloudy

7:53 AM 46.9 of 28.9 of 50% 29.82 in 10.0 miles SE 5.8 mph N/A Partly Cloudy

8:53 AM 55.9 of 24.1 OF 29% 29.78 in 10.0 miles South 4.6 mph N/A Partly Cloudy

9:53AM 60.1 OF 21.0 of 22% 29.76 in 10.0 miles SSE 9.2 mph N/A Partly Cloudy

10:53 AM 64.0 of 19.0 of 18% 29.72 in 10.0 miles SSE 13.8 mph 19.6 mph N/AScatteredClouds

11 :53 AM 64.0 of 19.9 of 18% 29.71 in 10.0 miles South 12.7 mph N/A ScatteredClouds

12:53 PM 64.0 of 19.0 of 18% 29.72 in 10.0 miles SW 16.1 mph 19.6 mph N/A ScatteredClouds

1:11 PM 64.4 of 19.4 of 18% 29.80 in 10.0 miles SSW 10.4 mph N/A ScatteredClouds

1:53 PM 64.0 of 21.0 OF 19% 29.68 in 10.0 miles SSE 13.8 mph 23.0 mph N/A ScatteredClouds

2:53 PM 66.9 OF 19.9 of 17% 29.64 in 10.0 miles South 15.0 mph 31.1 mph N/A ScatteredClouds

3:53 PM 66.9 OF 24.1 OF 20% 29.61 in 10.0 miles SSE 18.4 mph 26.5 mph N/A ScatteredClouds

9./7 I!()()C)

nUiLury : w~aLnt:r unu~rgrounu ~age j or j

Time Dew Humidity: Sea Level V' 'bTty Wind Wind Gust(MDT): Temp.: Point: Pressure: lSI II : Dir: Speed: Speed:

Precip: Events: Conditions:

4:05 PM 66.2 of 21.2 of 18% 29.72 in 10.0 miles SSW 13.8 mph 23.0 mph N/A ScatteredClouds

4:53 PM 66.9 of 19.9 of 17% 29.59 in 10.0 miles SSW 18.4 mph 28.8 mph N/A ScatteredClouds

5:53 PM 64.0 OF 21.0 OF 19% 29.61 in 10.0 miles SSW 19.6 mph 25.3 mph N/A Partly Cloudy

6:53 PM 64.0 of 21.9 of 20% 29.62 in 10.0 miles SSW 16.1 mph N/A Partly Cloudy

7:53 PM 57.9 of 24.1 of 27% 29.62 in 10.0 miles South 11.5 mph N/A Partly Cloudy

8:53 PM 55.0 of 26.1 OF 33% 29.61 In 10.0 miles SSE 15.0 mph N/A Clear

9:53 PM 50.0 of 28.0 of 43% 29.62 in 10.0 miles SE 5.8 mph N/A Clear

10:53 PM 51.1 of 30.0 of 44% 29.60 in 10.0 miles South 15.0 mph N/A Clear

11 :53 PM 48.9 of 30.0 of 48% 29.57 in 10.0 miles SSW 11.5 mph N/A Partly Cloudy

~ "cit) Copyright © 2009 Weather Underground, Inc.

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Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Attachment F

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351 Fax: 303 799-7721

“Adjusters for the Policyholder

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Ippro..imtt.ely tj to 20 f.!tt 1>0010" II", "",i""8~ llrUl"nd lll~ Nubjtd _~~. At rIwlilW' of our impectioo. t~ lrenro of the .."""vMio" :uijll:ttll to tilt Albj«l reoidmet """'...u.ti:n:..:l ...iLh ""no.:not~ ~n1djtr-p;ko<.

On April J7;o:nd 18. 20119, appruxilU~~ly 2.5.' indk:ll ofR-"uUluluti,'C' rain "'II' r,~ inOmw•. 0" the mo",;"ll ~ ....pril 19, 2009. tlI. ',"LINd n<lol;'-.d 1II••• porl~1Il ott""~C.«...-,uiM :lrId ~ia pun I)ad ,oll~pUd inward otTth<: ,1MIhe'l$1 ....".,...,. M the r",~e!l,Ih<..'qUmt I<> th' <H>oo~rvcd ''''''d' .'<>11"".... 'h' i"'''f~<lI'''lI'''' to> '><>I;". """'>\.. in It", illt.'riorw)J.1 owcl ...mna: frniJh..'5, In additiou.. Cf1I~b in hucmo:nt wll~ 'fill l~ evil... of willfini:<h..." W~ <ll>totn'td in tM !:IaRI1IC'Il.

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II iI. !'TAC', prur."i<ln~ opill;(ln IM\ .t~ aoo,,,, "l&-"y.ti"n. IIld ""'>lI1lJ0I1S wppun lit.:<'O"d""ion Ill... lh~ =<."1(. in Ih~ illl",ior lI.nd ;,~~,;or fin;" '" lhe sW>j...l, f<Ollidc,....~ ,.""..the 1'1,.,,11 l1"","rl mo~'.n,,"'t ,"""""io,<Jd ,...i\h !he ,~,l\ars<l "r tho c"""I"'~~Km 'fVfICh to lh.I'1<11'1/1 of I.hi< ."bj.o.:l rn'd.m".. 1t ...1so !,'Ike'. proe<ui<>fI;lJ "pbuol. Ib3I tho! eoll... \\'U

.~~... !>y'''' 'lin .y.,_, lJft or ab<Iul April 17 ~d 13. 2009 "'hieh nllOl''Cd $o1M'lllion "rIh~ UlI&rtyill, '0110,

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II shouW be aot&d that I'Ti!l:C.~",.. Dot ""Iined or di~.d by USAA to in~' 1M CI",," and""igitlnf'th. ucarlllim collapn which lll:CI.lfI"tt\.m nr ahoul. April 19,2009. Aa auch, withIh" uupLilm u(!he invanlYlllo\l iuLu !ha .(""om"nUon'llll ",in "vent <>a A,pfil 17 llDd U,2009, lIIld illl p....1bI.. """,ltibwion 1(I tho: c:olllll!UoPT&C"p.r(OOUIOd IIU lclitin& 01' I"!Tl\lIlllladno opiIl,on, l\:lalcd \0 tll~ col!~ofllt.l"Cxca~ltion1t::uih waU.

Pbolograpt. '11«:n during 001' work, "hidl are not inehad.d in this report. ore re'a1nftl in 0111m... .,oJ "'"" ~va;b<bk lu)"'" upun ....\"...1.

Thill "'port is fOl" II>: e~cl"';"" use of 0111' cl'Olll QIId i. oot in':ndcd (or ....y other pufP<*'.Our r<:port i. bM.d au WonllllliQlI Dlld<: IVJlilable 10 u' I'll lIu. tUnt. Should additiOflllIinfonnl'llion become Ivllil.bk we rutf''& IheriGhtlO dlllft'lt\.iJIII tb. impact, if....y. of tilt newinromUliion "n our opiniull' 11I\" """'c·l....iollli ""oJ L" r<:>isc 001' "pinions lOnd ~ur..:l ...wl\.f ifncauuy and WUTII,n6d by dI, dis.-:overy ofadditi<llloll infonnllion.

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Documents Supplied To:

USAA Casualty Insurance Company

On Behalf of:

Pastor Dr. Mark & Mary Kay Pumphrey

The Staybridge Suites Hotel 4220 East Virginia Avenue Glendale, Colorado 80246

Attachment G

Prepared By:

Public Adjusters of Colorado, LLC 10583 Serengeti Drive, Littleton, CO 80124

Phone: 303 770-0351 Fax: 303 799-7721

“Adjusters for the Policyholder