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PAYNE COUNTY • CJ-2025-494

Justin Tate v. Shelter Mutual Insurance Company

Filed: Nov 7, 2025
Type: CJ

What's This Case About?

Let’s get one thing straight: this isn’t just about a truck that burned up. This is about an insurance company allegedly fabricating car listings like they’re writing fan fiction—fake vehicles, wrong engines, nonexistent dealerships—all to lowball a $30,000 claim. Welcome to the wild world of insurance claims, where the fine print meets full-blown fraud allegations and your average guy with a totaled Ford F-150 suddenly finds himself in a David vs. Goliath showdown with Shelter Mutual Insurance Company.

Meet Justin Tate, a regular Oklahoman from Cushing—Payne County, to be exact—who, like most responsible adults, paid his insurance premiums on time, kept his receipts, and probably never thought he’d have to fight his own insurer like it was a courtroom drama. His chariot? A 2012 Ford F-150 XLT with the 3.5L EcoBoost engine—fancy enough to matter when it comes to resale value, but not so fancy that anyone would accuse him of living large. He had the original window sticker, mind you. The receipts. The whole nine yards. This man was prepared. And then, on August 30, 2025, his truck went up in flames—literally. Total loss. Cue the insurance claim process, which, if you’ve ever dealt with it, feels less like customer service and more like psychological warfare. But Tate played by the rules: he filed the claim, sent photos, answered questions, and even handed over documentation proving exactly what kind of truck he had. You know, the kind of stuff insurers ask for.

And then… the plot twist. Shelter Mutual didn’t see a 2012 F-150 XLT with the high-performance EcoBoost engine. Oh no. Their adjuster looked at it and said, “Nah, this is an XL.” Which, for the uninitiated, is like calling a steakhouse burger a gas station hot dog. It’s a downgrade. A value downgrade. Suddenly, the truck’s worth dropped because the trim level—the features, the comfort, the bells and whistles—was being erased from the record. But wait, it gets better. Shelter didn’t just mislabel the truck. They leaned hard on a valuation report from CCC Intelligent Solutions (a third-party claims software company that sounds like it should be in Westworld), which supposedly used “comparable” vehicles to determine what Tate’s truck was worth. Except—plot twist number two—those “comps” didn’t exist. Like, at all. Tate did what any mildly suspicious, slightly annoyed human would do: he called the dealerships. One by one. And guess what? “Nope, never heard of that vehicle.” “We don’t have a 3.5L EcoBoost on the lot.” “That VIN doesn’t match anything we’ve got.” Some of the listed cars were even 5.0L V8s—completely different engine, different performance, different price bracket. And many were hundreds of miles outside the local market, which, by the way, violates Oklahoma law. Because last time we checked, a truck in Tulsa isn’t worth the same as one in Miami, and the law says insurers have to use local comparables. But Shelter? They said, “Nope, our number’s final.” No correction. No apology. Just radio silence and a check that didn’t come close to covering what the truck was actually worth.

So why are we in court? Because Justin Tate isn’t just mad about the money—he’s mad about the game. And legally speaking, he’s throwing the book at Shelter. First up: Breach of Contract. Simple idea—your insurance policy is a contract. You pay premiums, they pay claims. But Shelter allegedly didn’t follow their own rules or state law when calculating the Actual Cash Value (ACV) of the truck. Oklahoma law says insurers must use real, verifiable, local comparables within 90 days. Shelter used ghosts. So that’s claim number one: you broke the deal.

Claim number two? Bad Faith. And this is where it gets spicy. In insurance law, there’s this thing called the “duty of good faith and fair dealing”—basically, your insurer can’t screw you over just because they think they can get away with it. The Oklahoma Supreme Court said decades ago (Christian v. American Home Assurance Co., if you want to sound smart at brunch) that insurers can’t act like cartoon villains. But here, Tate argues Shelter did exactly that: they used fake data, ignored his evidence, refused to fix their mistake, and forced him into litigation—all while knowing full well their valuation was bogus. That’s not just stingy. That’s potentially tortious. And in legal terms, that opens the door to emotional distress damages and even punitive damages—money meant to punish the company, not just compensate the victim.

And then comes the pièce de résistance: Misrepresentation and Fraudulent Claims Handling. Yeah. Fraud. As in, lying on purpose. Tate claims Shelter knowingly misrepresented the existence and specs of the comparable vehicles—classic bait-and-switch stuff. He relied on their process, thinking it was fair, and got burned—again. That’s not just bad service. That’s potentially illegal under Oklahoma’s civil fraud statute. And if proven? That’s the kind of claim that makes insurance execs sweat.

Now, what does Tate want? He’s asking for over $30,000 in actual damages—which, let’s be real, for a total loss on a decently equipped F-150, isn’t outrageous. That’s not a Lamborghini. That’s a work truck. A livelihood vehicle. And he’s also seeking punitive damages, which aren’t about making him rich—they’re about making Shelter think twice before doing this to someone else. Plus, he wants compensation for loss of use (he’s been without a vehicle for months), lost business income (if he uses the truck for work, that’s real money), and emotional distress. Because let’s face it—being gaslit by your own insurance company while you’re already dealing with a total loss? That’s a special kind of hell.

So what’s our take? Look, we’re not saying every insurance company is out to get you. But this case? It’s a textbook example of how a routine claim can spiral into a Kafkaesque nightmare when a company decides to play fast and loose with the facts. The most absurd part? That Tate had to investigate his own insurance claim like some kind of amateur detective, calling dealerships and cross-referencing VINs, just to prove the insurer’s “evidence” was made up. That shouldn’t be part of the process. That’s insane. And while $30,000 might not break the bank for a big corporation, for one guy in Cushing trying to get back on his feet after a fire? It’s everything.

We’re rooting for transparency. For accountability. And for the sweet, sweet justice of an insurance company being told, in a court of law, that no, you can’t just invent cars to save a few bucks. Because if that’s allowed, next thing you know, they’ll be valuing your totaled sedan against a horse and buggy listed on Craigslist in Nome, Alaska. And nobody wins that way—except maybe the lawyers. And us, because honestly? This is better than reality TV.

Case Overview

Petition
Jurisdiction
District Court of Payne County, Oklahoma
Filing Attorney
Justin Mark Tate
Relief Sought
$30,000 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 breach of contract
2 bad faith / tortious breach of the duty of good faith and fair dealing
3 misrepresentation and fraudulent claims handling

Petition Text

835 words
IN THE DISTRICT COURT OF PAYNE COUNTY STILLWATER OKLAHOMA JUSTIN TATE ) Plaintiff, ) vs. ) SHELTER MUTUAL Insurance COMPANY ) Defendant. ) Case No. CJ-25-494 I. PARTIES 1. Plaintiff: Justin Tate, an Oklahoma resident residing in Payne County. 2. Defendant: Shelter Mutual Insurance Company ("Shelter"), a foreign insurer authorized to do business in Oklahoma and engaged in the business of insurance within the State of Oklahoma. II. JURISDICTION AND VENUE 3. This Court has jurisdiction pursuant to 12 O.S. § 131 and 36 O.S. § 1250.1 et seq. because the acts complained of occurred in Oklahoma and arise under an Oklahoma insurance contract. 4. Venue is proper in Payne County under 12 O.S. § 134, as the insured property and loss occurred in this county, and Plaintiff resides here. III. FACTS 5. Plaintiff owned a 2012 Ford F-150 XLT 3.5L EcoBoost. Vin Number 1FTFW1ET8CFA58053 insured by Shelter under Policy No. [35-1-6095224-21], Claim No. AT0000003982969. 6. On or about August 30th, 2025, Plaintiff’s vehicle was destroyed by fire and declared a total loss. 7. Plaintiff timely submitted a claim and cooperated fully with all Shelter requests, including documentation, photos, and statements. 8. Plaintiff provided Shelter with the original Ford factory window sticker (See Exhibit pg. 81), establishing the truck’s correct trim, engine, and options, along with receipts for permanently installed accessories. 9. Shelter’s adjuster initially refused to recognize the correct trim level (XLT) and misrepresented the vehicle as an XL, undervaluing the loss. (See Exhibit pg. 83) 10. Shelter then used a valuation report generated by CCC Intelligent Solutions, which included “comparable vehicles” that: (See Exhibit pg. 100) • Did not exist on the listed dealer lots; • Had different engines (5.0L instead of 3.5L EcoBoost); and (See Exhibit pg.100) • Were located outside the local market area, contrary to Oklahoma law. 11. These comparables were fraudulently used to reduce the vehicle’s fair market value. 12. Plaintiff contacted each dealership and confirmed that none of the vehicles listed were available for sale or matched the described specifications. 13. Plaintiff submitted a written demand to Shelter to correct the valuation and comply with Oklahoma law. Shelter refused, insisting that its valuation was final. (See Exhibit pg. 152, 153, 154, 155) 14. Plaintiff has been without a replacement vehicle for months, causing lost business income, personal hardship, and emotional distress. IV. CLAIMS COUNT I – BREACH OF CONTRACT 15. Shelter breached its contractual duty under the insurance policy and Oklahoma law by failing to pay the Actual Cash Value (ACV) of Plaintiff’s vehicle in accordance with 36 O.S. § 1250.8, which requires insurers to use valid, verifiable comparables within 90 days in the local market area. 16. Shelter further violated 36 O.S. § 1250.5(4) by not attempting in good faith to effectuate a prompt, fair, and equitable settlement once liability became reasonably clear. 17. Shelter’s reliance on false comparables and refusal to correct the report constitutes a clear breach of both the contract and statutory duty of good faith. COUNT II – BAD FAITH / TORTIOUS BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING 18. Under Oklahoma law, insurers owe their insureds a duty to deal fairly and act in good faith. (Christian v. American Home Assurance Co., 577 P.2d 899 (Okla. 1977)). 19. Shelter violated this duty by: a. Knowingly using fabricated comparables and misrepresenting vehicle data in violation of 36 O.S. § 1250.5(2); b. Failing to adopt and implement reasonable standards for investigating claims under 36 O.S. § 1250.5(3); c. Not attempting in good faith to effectuate a prompt and fair settlement after liability became reasonably clear under 36 O.S. § 1250.5(4); d. Compelling Plaintiff to initiate litigation to recover amounts due under the policy, contrary to 36 O.S. § 1250.5(13). 20. Shelter’s actions were intentional, reckless, and malicious, undertaken with disregard for Plaintiff’s rights and financial well-being. 21. As a result, Plaintiff has suffered financial loss, severe inconvenience, emotional distress, and business interruption damages. COUNT III – MISREPRESENTATION AND FRAUDULENT CLAIMS HANDLING 22. Shelter, through its adjuster, misrepresented material facts regarding the comparables used in its valuation and the availability of those vehicles, violating 36 O.S. § 1250.5(2) and 21 O.S. § 1542 (Civil Fraud). 23. Shelter’s misrepresentations were made knowingly or with reckless disregard for the truth. 24. Plaintiff reasonably relied on these misrepresentations and suffered harm. V. DAMAGES 25. Plaintiff seeks damages including but not limited to: a. The unpaid actual cash value of the vehicle; b. Loss of use and lost business income caused by the deprivation of a replacement vehicle; c. Emotional distress and mental anguish due to Shelter’s bad-faith handling; d. Punitive damages under 23 O.S. § 9.1 to deter future misconduct; e. Interest and costs under 12 O.S. § 727.1. VI. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows: 1. For actual damages in excess of $30,000; 2. For punitive damages as permitted under 23 O.S. § 9.1; 3. For interest, costs, and attorney’s fees as allowed by law; 4. For such other relief as this Court deems just and proper. Justin Mark Tate Pro Se Plaintiff 114 ½ E Broadway Cushing, OK 74023 (918) 697-1077 [email protected] CERTIFICATE OF DELIVERY I hereby certify that on this __Nov 7th__, 2025, a true and correct copy of foregoing document was sent to: Shelter Mutual Insurance Company Service of Process Agent (Oklahoma): Oklahoma Insurance Commissioner – Legal Division 400 N.E. 50th Street Oklahoma City, Oklahoma 73105
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