LLOYD K. BENEDICT v. STATE FARM FIRE AND CASUALTY COMPANY

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY FILED STATE OF OKLAHOMA DISTRICT COURT TULSA COUNTY, OKLAHOMA February 20, 2026 2:15 PM DON NEWBERRY, COURT CLERK Case Number CJ-2026-803 Case No. CJ-2026 __________ (Refiled from CJ-2025-2218) Judge __________ Attorney Lien Claimed Jury Trial Demanded LLOYD K. BENEDICT, individually and as Trustee for THE L.K. BENEDICT TRUST, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation, ANITA EWING, SEEK NOW INC., a foreign corporation, and TANNER WARD LANCASTER, Defendants. PETITION COMES NOW the Plaintiff, Lloyd K. Benedict, and for his cause of action against the Defendant, State Farm Fire and Casualty Company, alleges and states as follows: 1. This is a refile pursuant to 12 O.S. § 100 of Case No. CJ-2025-2218, which was dismissed on July 22, 2025. 2. The Plaintiff, Lloyd K. Benedict, individually and as Trustee for The L.K. Benedict Trust, is a resident of Tulsa, Tulsa County, State of Oklahoma, and owns a residence located at 10125 S. Fulton Avenue, Tulsa, Oklahoma 74127-6047. 3. The Defendant, State Farm Fire and Casualty Company ("State Farm"), is a foreign corporation, engaged in the business of insurance. 4. Anita Ewing is a State Farm agent and resident of Oklahoma, who sold the policy in question to the Plaintiff. 5. Seek Now Inc. is a foreign corporation which provided a roof inspection on the subject property for State Farm, upon which it relied. 6. Tanner Ward Lancaster is a resident of Sand Springs, Tulsa County, State of Oklahoma, and provided an inspection report to State Farm, upon which it relied and upon which the Plaintiff relied to his detriment. 7. Plaintiff claims against the Defendants are in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code. 8. Based on the foregoing, this Court has jurisdiction over these parties and this subject matter and venue is proper herein. 9. At all times relevant hereto, Plaintiff owned a home located at 10125S. Fulton Avenue, Tulsa OK 74127-6047 ("The Home"). 10. For years, Plaintiff purchased insurance from State Farm Fire and Casualty Company to provide coverage for The Home. 11. State Farm Fire and Casualty Company issued the policy of insurance, Policy No. 36EZ30894 to the Plaintiff, which was renewed annually. 12. At all times material hereto, Plaintiff was insured under State Farm Fire and Casualty Company Policy No. 36EZ30894.. 13. State Farm Fire and Casualty Company represented to the Plaintiff that it would conduct itself in accordance with Oklahoma law and would fully and fairly investigate and pay claims. Plaintiff relied on said representation. 14. The Home, which was insured under Policy No. 36EZ30894, was significantly damaged as a direct result of windstorm/hail, which was a covered cause of loss under the policy of insurance with State Farm Fire and Casualty Company, during the policy period(s) in which State Farm Fire and Casualty Company insured The Home. 15. Plaintiff submitted a claim to State Farm Fire and Casualty Company for the property damage from the windstorm/hail. Plaintiff made The Home available for inspection by State Farm Fire and Casualty Company, cooperated in the limited investigation that State Farm Fire and Casualty Company performed, and otherwise complied with all conditions precedent to recovery under the subject insurance Policy. 16. State Farm Fire and Casualty Company retained Seek Now, Inc.. to conduct an inspection of The Home and roof for damages resulting from the windstorm/hail. 17. Upon information and belief, Seek Now, Inc. is a preferred vendor of State Farm Fire and Casualty Company. 18. Tanner Ward Lancaster was not a licensed adjuster at the time of his inspection. 19. Tanner Ward Lancaster was acting as an agent of both Seek Now, Inc. and State Farm Fire and Casualty Company, performed a perfunctory and wholly lacking inspection of The Home and apparently reported to State Farm Fire and Casualty Company that though the roof’s box vents, exhaust vents, ridge/hip cap and pergola were damaged by hail and wind, the roof’s shingles were not damaged by a covered peril. Tanner Ward Lancaster knew or should have known at the time he made his report that his claims with regard to the cause of damages were false. 20. State Farm Fire and Casualty Company sent a letter to Plaintiff denying the claim and advising: a. That State Farm Fire and Casualty Company had determined that its investigation and review found that there was hail damage to The Home’s box vents, exhaust vents and pergola, and wind damage to the ridge/hip cap; b. That State Farm Fire and Casualty Company had determined that its investigation revealed that the damages were below the wind & hail deductible, and State Farm Fire and Casualty Company would issue no payment for these damages; c. That State Farm Fire and Casualty Company had further determined that its investigation “found damages that are not covered by the insurance policy.” 21. State Farm Fire and Casualty Company was presented and provided with evidence demonstrating that The Home had in fact sustained direct physical damage and impact damage as a result of windstorm/hail, that said loss was covered under the terms and conditions of Plaintiff’s policy with State Farm Fire and Casualty Company, and that many of Plaintiff’s damages were missed and/or underpaid during Tanner Ward Lancaster’s perfunctory inspection. Despite the presentation of this evidence, State Farm Fire and Casualty Company has refused another inspection to verify the presence of windstorm/hail damage to The Home’s roof, refused to revise its undervalued estimate, and refused to pay for all of Plaintiff’s covered damages. 22. Plaintiff notified State Farm Fire and Casualty Company that the date of loss it considered may have been incurred and advised State Farm Fire and Casualty Company that their roof was now leaking and causing interior damages. Despite knowing that its customers often do not know exactly when the hail and wind damage occurred and being presented with yet more information which should have prompted additional inspection and evaluation, State Farm Fire and Casualty Company instead advised Plaintiff that they should submit two new claims, one for a new date of loss and one for the leak, and continued to maintain its position on its unreasonable denial. 23. State Farm Fire and Casualty Company has ignored direct physical damage and impact damage as a result of windstorm/hail to The Home. FIRST CAUSE OF ACTION BREACH OF CONTRACT 24. Plaintiff adopts and repleads paragraphs 1-23 above, and for his claims against State Farm Fire and Casualty Company further allege as follows: 25. Plaintiff entered into a contract of insurance with State Farm Fire and Casualty Company for coverage for The Home. At all relevant times the policy, No. 36EZ30894, with State Farm Fire and Casualty was in full force and effect. 26. Plaintiff provided a proper and timely notice to State Farm Fire and Casualty Company of their claim for all covered damages resulting from windstorm/hail to The Home. 27. Plaintiff has in all material ways, complied with the terms and condition of the Policy. 28. State Farm Fire and Casualty Company, however, has breached its contractual obligations under the terms and conditions of the insurance contract with Plaintiff by failing to pay Plaintiff all benefits to which they are entitled under the terms and conditions of the policy. 29. As a result of State Farm Fire and Casualty Company’s breach of contract and other wrongful conduct, Plaintiff has sustained financial losses and have been damages in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of attorneys’ fees, costs and interest. SECOND CAUSE OF ACTION BAD FAITH 30. Plaintiff adopts and re-pleads paragraphs 1-29 above and for their claims against State Farm Fire and Casualty Company further allege as follows: 31. State Farm Fire and Casualty Company owed a duty to Plaintiff to deal fairly and in good faith. 32. State Farm Fire and Casualty Company breached its duty to deal fairly and in good faith by engaging in the following acts and omissions: a. failing and refusing payment and other policy benefits for the covered property damage sustained by Plaintiff in accordance with the terms and conditions of their insurance policy at the time when State Farm Fire and Casualty Company knew that Plaintiff was entitled to those benefits; b. failing to properly investigate Plaintiff’s claim and to obtain additional information both in connection with State Farm Fire and Casualty Company initial refusal and following the receipt of additional information; c. purposefully, wrongfully and repeatedly withholding pertinent benefits, coverages and other provision due Plaintiff under the terms and conditions of the insurance policy in violation of the Unfair Claims Settlement Practices Act, 36 O.S. Sections 1250.1-1250.16; d. refusing to honor Plaintiff’s claim in some instances by knowingly misconstruing and misapplying provisions of the policy; e. forcing Plaintiff to retain counsel to recover insurance benefits to which they were entitled under the terms and condition of the insurance contract; f. forcing Plaintiff to bring suit to secure policy benefits to which they were entitled under the terms and conditions of the insurance contract; g. not attempting in good faith to effectuate a prompt, fair and equitable settlement of Plaintiff’s claims once liability had become reasonably clear; h. engaging in an outcome-based investigation of Plaintiff’s claim designed to deny Plaintiff’s claim; i. failing to adopt and implement reasonable standards for the prompt investigation and reasonable handling of claims arising under the policy, to include Plaintiff’s claim; j. failing to conduct a fair and objective investigation of the damage to Plaintiff’s property; k. ignoring covered damage which State Farm Fire and Casualty Company knows occurred while it insured The Home; l. denying Plaintiff’s claim based on pretextual findings; all in violation of the implied covenant of good faith and fair dealing and resulting in financial benefit to State Farm Fire and Casualty Company. 33. State Farm Fire and Casualty Company’s obligation arise from both express written terms of policy and the Oklahoma Insurance Code. State Farm Fire and Casualty Company’s failure to implement and/or follow Oklahoma’s statutory Insurance Code constitutes bad faith. 34. The conduct of State Farm Fire and Casualty Company, as described above, constitutes bad faith and is material breach of terms and conditions of the insurance contract between the parties. State Farm Fire and Casualty Company has no reasonable basis in its refusal to recognize and pay Plaintiff the replacement cost of the roof caused by windstorm/hail as per the Policy. 35. As a direct result of State Farm Fire and Casualty Company’s bad faith, Plaintiff’s claim was unnecessarily delayed, inadequately investigated, underpaid, and wrongfully denied. Said actions resulted in additional profits and financial windfall for State Farm Fire and Casualty Company. 36. As a result of State Farm Fire and Casualty Company’s conduct, Plaintiff has sustained a loss of the policy benefits, loss of the coverage, embarrassment, anxiety, frustration and mental and emotional distress and other incidental damages, and has been damages in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of attorneys’ fees, costs and interest. 37. State Farm Fire and Casualty Company’s conduct was intentional, willful, malicious and in reckless disregard of the rights of Plaintiff and is sufficiently egregious in nature so as to warrant the imposition of punitive damages. 38. Plaintiff further alleges State Farm Fire and Casualty Company enjoyed increased financial benefits and ill gotten gains as a direct result of the wrongful conduct described above herein, which resulted in the injury to Plaintiff. THIRD CAUSE OF ACTION TORTIOUS INTERFERENCE WITH CONTRACT 39. Plaintiff adopts and re-pleads paragraphs 1-38 above, and for their claims against Seek Now, Inc. and Tanner Ward Lancaster, further allege as follows: 40. Defendants Seek Now, Inc. and Tanner Ward Lancaster were not parties to the Policy between State Farm Fire and Casualty Company and Plaintiff. 41. Seek Now, Inc. and Tanner Ward Lancaster were hired to inspect The Home pursuant to the Policy, to opine with regard to whether any damage observed was caused by a covered peril and thus find if there was an obligation to pay the claim under the Policy. 42. Seek Now, Inc and Tanner Ward Lancaster, by contracting or agreeing to inspect The Home and reporting findings that supported State Farm Fire and Casualty Company’s denial rather than conducting a truthful and fair inspection and making a fair report, personally gained a financial incentive to further their own separate agenda of participating in the denial of legitimate insurance claims to ingratiate themselves to State Farm Fire and Casualty Company. 43. Seek Now, Inc. and Tanner Ward Lancaster’s conduct was intentional, improper and unfair. Their interference was malicious and wrongful, and was neither justified, privileged, nor excusable. 44. As a result of Defendants’ interference Plaintiff suffered damages in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00) exclusive of attorneys’ fees, costs and interest. FOURTH CAUSE OF ACTION CIVIL CONSPIRACY 45. Plaintiff adopts and re-pleads paragraphs 1 through 44 above, and for their claims against Defendants further allege as follows: 46. Defendants, through their tortious actions described above, entered into a civil conspiracy with the objective to wrongfully deny Plaintiff’s legitimate claim, after agreeing to do the same and accomplishing it through biased and perfunctory investigations and evaluations. These resulted in incorrect and inaccurate findings and the denial of Plaintiff’s claim. 47. As a result of Defendants’ conduct and conspiracy, Plaintiff has sustained damages in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), exclusive of attorneys’ fees, costs and interest. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgement in their favor and against Defendants, State Farm Fire and Casualty Company, Seek Now, Inc. and Tanner Ward Lancaster both for compensatory and punitive damages, in an amount in excess of $75,000.00, with interest and costs of this action, for a reasonable attorney fee, and for such other relief as may be appropriate. Respectfully submitted, [Signature] J. Derek Ingle, OBA #16509 Sidney A. Martin, II OBA#10892 Boettcher | Devinney | Ingle | Wicker 1721 S Baltimore Avenue Tulsa, Oklahoma 74119 918.728.6500; Fax 539.664.4129 [email protected] [email protected] ATTORNEYS FOR PLAINTIFF Attorney Lien Claimed Jury Trial Demanded