Scott Phillips v. United Services Automobile Association

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA Scott Phillips and Diane M. Heaton-Phillips, Husband and Wife, Plaintiffs v. United Services Automobile Association, an Unincorporated Reciprocal Insurance Exchange; and USAA Casualty Insurance Company Defendants PETITION COMES NOW Plaintiffs, Scott Phillips and Diane Heaton-Phillips (collectively referred to as "Plaintiffs"), for their cause of action against United Services Automobile Association ("Defendant USAA"), USAA Casualty Insurance Company ("Defendant USAA CIC"), (collectively "Defendants"), and state and allege as follows: 1. Parties, Venue and Jurisdiction 1. Plaintiff's Scott Phillips and Diane M. Heaton-Phillips are individuals residing in Tulsa County, Oklahoma. 2. Plaintiff Scott Phillips is a member of Defendant USAA, the policy owner, and the account holder, as evidenced by insurance cards, premium notices, mobile-app access, and claim communications identifying him as a "member". Plaintiff Diane M. Heaton-Phillips is the named insured. 3. Defendant USAA's claim number for this loss is 008134386-010 (the "Claim"), which incorporates Plaintiff Scott Phillips's member number 8134386. 4. On February 27, 2024, the property located at 2210 Forest Blvd, Tulsa, Oklahoma (the "Property"), Plaintiffs' primary residence, was rendered uninhabitable by a fire that contaminated living areas and personal property. 5. Defendant USAA is an unincorporated reciprocal insurance exchange registered with the Oklahoma Insurance Department. 6. The citizenship of an unincorporated reciprocal insurance exchange is determined by the citizenship of all its members/subscribers. Carden v. Arkoma Assocs., 494 U.S. 185, 189 (1990); see also, Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) ("In determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members."); see also Tuck v. United Services Automobile Ass'n, 859 F.2d 842 (10th Cir. 1988); Edwards v. USAA Cas. Ins. Co., No. CIV-24-193-D, 2024 WL 4471958 (W.D. Okla. Oct. 11, 2024); Diane D. Murphree Rev. Trust v. United Services Automobile Ass'n, No. CIV-22-770-J, 2022 WL 22869654 (W.D. Okla. Dec. 14, 2022); Lowe v. United Services Automobile Ass'n, No. CIV-19-384-O, 2019 WL 3245521 (W.D. Okla. July 19, 2019); Lavoy v. United Services Auto. Ass'n, No. CIV-14-1379, 2015 WL 1812804 (W.D. Okla. April 17, 2015). 7. Defendant USAA has members who are citizens of Oklahoma, including Plaintiff Scott Phillips. 8. Because Defendant USAA has Oklahoma citizen-members, Defendant USAA is a citizen of Oklahoma for diversity purposes under 28 U.S.C. § 1332, and removal is barred by 28 U.S.C. § 1441(b)(2). 9. Defendant USAA CIC is a Texas domiciled property and casualty insurance carrier, a subsidiary of Defendant USAA, and is licensed to transact insurance business in Oklahoma. 10. Defendants USAA and USAA CIC do business in Tulsa County, Oklahoma. 11. Plaintiff Scott Phillips asserted in written communications that Defendant USAA is "member-owned" and that he is a "USAA member". (Exhibit Email_134 (PHILLIPS_01248)) 12. Defendants did not dispute Plaintiff Scott Phillips's assertions. 13. Defendant USAA holds U.S. Trademark Registration No. 927,536, registered January 18, 1972, as a service mark for insurance underwriting services. (Exhibit NC_100 (PHILLIPS_01822).) 14. Registration No. 927,536 identifies the owner as "United Services Automobile Association (Texas unincorporated association)". (Exhibit NC_101.) 15. Registration No. 927,536 states first use in commerce as June 12, 1970. (Exhibit NC_100.) 16. Defendant USAA holds U.S. Trademark Registration No. 1,943,955, registered December 26, 1995, as a collective membership mark. (Exhibit NC_101 (PHILLIPS_01824).) 17. Registration No. 1,943,955 states the mark is for "indicating membership in an association providing services and benefits to current and former members of the armed forces and their families". (Exhibit NC_101.) 18. Registration No. 1,943,955 identifies the owner as "United Services Automobile Association (Texas unincorporated reciprocal interinsurance exchange)". (Exhibit NC_101 (PHILLIPS_01824).) 19. Registration No. 1,943,955 states first use in commerce as June 12, 1970. (Exhibit NC_101.) 20. Defendant USAA holds U.S. Trademark Registration No. 6,581,687, registered December 7, 2021, for "Downloadable mobile applications for providing access and information in the fields of" ... "insurance services" (Exhibit NC_102 (PHILLIPS_01825).) 21. Registration No. 6,581,687 identifies the owner as "United Services Automobile Association (Texas unincorporated reciprocal inter-insurance exchange)". (Exhibit NC_102.) 22. Registration No. 6,581,687 states first use in commerce as May 31, 2009. (Exhibit NC_102.) 23. All three trademark registrations identify United Services Automobile Association as the owner. None of the registrations identifies any corporate subsidiary as owner. (Exhibits NC_100 (PHILLIPS_01822), NC_101, NC_102.) 24. Exhibit NC_103 (PHILLIPS_01827) is a screenshot of the Apple App Store listing for Defendant USAA's mobile application captured on January 28, 2026. 25. Exhibit NC_103 identifies "United Services Automobile Association" as the application Seller. 26. Exhibit NC_104 (PHILLIPS_01832) is Defendant USAA's Mobile Application End User License Agreement as displayed in the Apple App Store on January 28, 2026. The Apple App Store does not provide a download function for license agreements; Exhibit NC_104 (PHILLIPS_01832) was captured via sequential screenshots and compiled into a single document. 27. Section 13 of Exhibit NC_104, titled "DEVELOPER NAME AND ADDRESS," states in part: "United Services Automobile Association is the developer of the Licensed Application. Any questions, complaints or claims with respect to the Licensed Application should be directed to the Office of the General Counsel, 9800 Fredericksburg Rd., San Antonio, Texas 78288". 28. On February 27, 2024, Plaintiffs submitted a claim through Defendant USAA's mobile application. (Exhibit I:mail_007 (PHILLIPS_00007); CCC_001 (PHILLIPS_00009).) 29. The same mobile application that is protected under Trademark Registration No. 6,581,687 owned by Defendant USAA. (Exhibits NC_102 (PHILLIPS_01825), NC_103 (PHILLIPS_01827).) 30. Plaintiffs thereafter used the Claim Communication Center within Defendant USAA's mobile application to communicate with Defendants regarding Claim number 008134386-010. 31. Plaintiffs relied on the Claim Communication Center within Defendant USAA's mobile application for Claim communications with Defendants. 32. Defendant USAA transmitted Claim-related communications to Plaintiff's through the Claim Communication Center, including adjuster assignments and claim status updates. 33. Defendant USAA operated in Oklahoma through General Adjuster for Oklahoma. Greg Startz, who handled the dwelling portion of Plaintiffs' Claim; and Adjuster Caleb Ankney, who handled the personal property portion of Plaintiffs' Claim. Both identified themselves solely as "USAA" without subsidiary distinction. Caleb Ankney's conduct is attributed to Defendant USAA under respondeat superior. 34. All adjusters communicated with Plaintiffs regarding the Claim using @usaa.com email addresses without subsidiary designation. 35. The usaa.com domain is registered to United Services Automobile Association with WHOIS listing USAA as the organization. 36. Claim communications used "USAA Reference Number" and estimates were titled "USAA Staff Estimate". 37. Settlement letters from USAA direct communications to the USAA Claims inbox and bear "USAA Confidential" on each page. 38. The FREQUENTLY ASKED QUESTIONS page states: "USAA will pay ..." and instructs insureds to compare contractor estimates with "USAA's estimate". 39. Cole House of CCSI/Keystone stated he was "representing USAA" while performing services related to Plaintiff's claim. 40. The logo subject to Defendant USAA's trademark registrations appears on documents transmitted to Plaintiffs during the claim process. 41. Plaintiffs' original policy packet dated June 18, 2010 bears the logo subject to Defendant USAA's trademark registrations. (Exhibit Attach_008 (PHILLIPS_00160). p. 1) 42. The original policy packet is signed by Stuart Parker as President and Steven Alan Bennett as Secretary. (Exhibit Attach_008, p. 3) 43. From 2007 to 2012, Stuart Parker served as President of USAA's Property and Casualty Insurance Group for United Services Automobile Association. 44. Stuart Parker signed the original policy packet as an officer of Defendant USAA, not Defendant USAA CIC. 45. Steven Alan Bennett served as Executive Vice President, Chief Legal Officer, and Corporate Secretary of United Services Automobile Association from 2003 until his retirement in September 2015. 46. Steven Alan Bennett signed the original policy packet as an officer of Defendant USAA, not Defendant USAA CIC. 47. The original policy packet states: "This policy is issued by USAA Casualty Insurance Company ("USAA CIC")". (Exhibit Attach_008 (PHILLIPS_00160), p. 5) 48. The original policy packet included forms that state: "Copyright, USAA, 2008. All rights reserved". 49. The Renewal Declarations Page for Plaintiffs policy dated April 19, 2023 bears the logo subject to Defendant USAA's trademark registrations. (Exhibit Attach_007 (PHILLIPS_00148). p. 4) 50. The Renewal Declarations Page is signed by Randy Termeer as President and Kelly Armstrong as Secretary. (Exhibit Attach_007, p. 4) 51. On July 28, 2022, USAA announced Randy Termeer as "President, Property and Casualty Insurance" for United Services Automobile Association. (Exhibit NC_110 (PHILLIPS_01956)) 52. The announcement stated Termeer would "lead 15,000 employees" in property and casualty operations. (Exhibit NC_110) 53. Randy Termeer is President of Property and Casualty Insurance for Defendant USAA, not Defendant USAA CIC. 54. Upon information and belief, Defendant USAA CIC has no officers independent of Defendant USAA. 55. The renewal policy packet does not contain the QR9CIC Quick Reference form. In the original policy packet, the QR9CIC form stated: "This policy is issued by USAA Casualty Insurance Company ('USAA CIC')". (Exhibit Attach_008, p. 5) 56. The Renewal Declarations Page references forms including QR9CIC (07-08), HO-9R(02) (07-08), HO-ACP (07-12), HO-HS (04-18), HO-OK (08-16), HO-WDSOK (07-16), HOSLS9(02) (07-08), and HO-208 (07-12). (Exhibit Attach_007, p. 5) 57. The referenced forms included forms that state: "Copyright, USAA, 2008. All rights reserved". 58. Defendants did not furnish the listed forms with the renewal packet. 59. The Department of Labor maintains a public database of Form 5500 filings for employee benefit plans. 60. United Services Automobile Association (EIN 74-0959140) filed eighty-one (81) Form 5500 returns between 2008 and 2024 for five employee benefit plans—including the USAA Pension Plan (established September 1, 1946) with $4,568,096,403 in assets and 48,880 participants as of Plan Year 2024. Each filing identifies a "single-employer plan" administered from San Antonio, Texas. (Exhibit NC_115 (PHILLIPS_01993); see also Exhibit NC_116 (PHILLIPS_01995).) 61. USAA Casualty Insurance Company (EIN 59-3019540), USAA General Indemnity Company (EIN 74-1718283), and Garrison Property and Casualty Insurance Company (EIN 43-1803614) filed zero Form 5500 returns between 2008 and 2024. 62. Form 5500 filings are required for employee benefit plans with 100 or more participants. 29 U.S.C. § 1024(a); 29 C.F.R. § 2520.104-46. 63. Upon information and belief, Defendant USAA CIC does not maintain a workforce sufficient to independently operate an insurance company. 64. In January 2014, the Massachusetts Division of Insurance completed a "Comprehensive Market Conduct Examination" of "United Services Automobile Association and USAA Casualty Insurance Company," both located "at their home offices located at: 9800 Fredericksburg Road, San Antonio, Texas 78288". (Exhibit NC_109 (PHILLIPS_01891), p. 1, 3) 65. The Massachusetts examination referred to "United Services Automobile Association" and "USAA Casualty Insurance Company" as "collectively, the “Company”" throughout the 65-page regulatory report. (Exhibit NC_109, p. 4) 66. The Massachusetts examination stated: "USAA's Board of Directors is composed of 14 directors, including USAA's Chief Executive Officer and 13 independent directors. The Board of Directors is ultimately responsible for compliance matters". (Exhibit NC_109, p. 10) 67. The Massachusetts examination stated: "The Company's claims handling process is centralized in the home office with teams assigned to various claims handling processes and/or geographic regions". (Exhibit NC_109, p. 53) 68. When the Massachusetts examination identified claims handling violations, the report directed corrective actions to "the Company" collectively, stating: "The Company shall adopt new policies and control procedures" and "The new procedures shall be tested by internal audit or compliance to ensure that they are effectively implemented". (Exhibit NC_109 (PHILLIPS_01891), p. 58) 69. On June 2, 2023, the Texas Commissioner of Insurance issued Consent Order No. 2023-8004 against Garrison Property and Casualty Insurance Company, United Services Automobile Association, USAA Casualty Insurance Company, and USAA General Indemnity Company. (Exhibit NC_106 (PHILLIPS_01846), p. 1) 70. The Texas Consent Order held all four entities "jointly and severally" liable for a $45,000 administrative penalty. (Exhibit NC_106, p. 3) 71. Tim Ungashick executed an affidavit consenting to the Texas Consent Order on behalf of all four entities. (Exhibit NC_106, p. 4) 72. Ungashick's affidavit stated: "I hold the office of Vice President and am the authorized representative of Garrison Property and Casualty Insurance Company, United Services Automobile Association, USAA Casualty Insurance Company, and USAA General Indemnity Company". (Exhibit NC_106, p. 4) 73. On July 1, 2024, the Illinois Department of Insurance issued a Market Conduct Examination Report and Stipulation and Consent Order against USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and Casualty Insurance Company, and United Services Automobile Association. (Exhibit NC_107 (PHILLIPS_01850)) 74. The Illinois order imposed a $100,000 civil forfeiture. (Exhibit NC_107, p. 34) 75. Chris Sitowski executed the Illinois Consent Order on behalf of all four entities. (Exhibit NC_107, p. 35) 76. Sitowski signed as "VP Claims" for USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and Casualty Insurance Company, and United Services Automobile Association. (Exhibit NC_107 (PHILLIPS_01850), p. 35) Oklahoma Filings: 77. Defendant USAA's rate manual for Oklahoma homeowners insurance identifies four companies under unified rules: United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, and Garrison Property and Casualty Insurance Company. (Exhibit NC 111 (PHILLIPS_01959).) 78. The forms and endorsements identified on Plaintiffs' Renewal Declarations Page were filed and approved through consolidated filings covering all four entities identified in Exhibit NC 111. 79. The electronic claims systems through which Plaintiffs' Claim was processed are owned and operated by Defendant USAA. 80. System failures affecting Plaintiffs' Claim, including communications routed to incorrect email addresses and Loss of Use parameters, occurred within Defendant USAA's infrastructure. 81. On March 28, 2025, Defendant USAA's adjuster Greg Startz transmitted an ESX file to Plaintiffs' counsel. (Exhibit Email_189 (PHILLIPS_01602)) 82. The ESX file could not be opened because it was saved using a proprietary USAA-specific Xactimate profile that is not available to parties outside Defendant USAA or their vendor network. (Exhibit Email_189) 83. Upon information and belief, Defendant USAA CIC does not maintain independent Xactimate profiles. 84. Greg Startz's email signature states "Large Loss, PNC, USAA" and lists the address 9800 Fredericksburg Road, San Antonio, Texas. (Exhibit Email_189) 85. 9800 Fredericksburg Road, San Antonio, Texas is Defendant USAA's headquarters. (Exhibit NC_113 (PHILLIPS_01989)) 86. Greg Startz's email signature directs recipients to usaa.com, facebook.com/usaa, and twitter.com/USAA. (Exhibit Email_189) 87. Greg Startz's email states: "This email and any attachments are the property of USAA". (Exhibit Email_189) 88. Plaintiff Scott Phillips's relationship with Defendant USAA began as a named insured on an automobile policy issued by Defendant USAA. (Exhibit NC_117 (PHILLIPS_01999).) 89. Plaintiff Scott Phillips thereafter obtained homeowners insurance issued through Defendant USAA CIC as general agent for Defendant USAA. 90. The policy documents stated issuance by Defendant USAA CIC, but bore Defendant USAA's logo, Defendant USAA's copyright, and the signatures of Defendant USAA's officers. 91. The substantive insurance relationship remained with Defendant USAA. 92. Defendants did not explain the distinction between Defendant USAA and Defendant USAA CIC or disclose that the named issuing entity would differ from the policy on which Plaintiff Scott Phillips was previously insured. 93. Plaintiff's have maintained homeowners’ insurance through Defendant USAA since 2010. 94. From 2010 through 2023, homeowners’ policy documents stating issuance by USAA Casualty Insurance Company bore Defendant USAA's logo, Defendant USAA's copyright, and the signatures of Defendant USAA's officers. 95. At no time during the fourteen years preceding the fire did any representative of Defendants explain that Plaintiffs' insurer was any entity other than USAA. 96. Plaintiff Scott Phillips's status as a USAA member continued without interruption. 97. To the extent email signatures referenced USAA Casualty Insurance Company, such signatures appeared below the @usaa.com email addresses of Defendant USAA's employees. 98. Claim communications identified the insurer as "USAA" without reference to any subsidiary. 99. All communications transmitted through the Claim Communication Center were sent by "USAA" or by individual adjusters. No Claim Communication Center message identified USAA Casualty Insurance Company as the sender. 100. Adjusters who handled Plaintiffs' Claim were employees of Defendant USAA. 101. Defendant USAA CIC exercised no independent operational capacity in the handling of Plaintiffs' Claim. 102. The Policy was serviced through Defendant USAA's information systems and member systems, and administered by Defendant USAA's employees. 103. Plaintiff's reasonably believed at all times that their insurer was United Services Automobile Association. 104. Consistent with Defendant USAA CIC's role as general agent, all claims handling was performed by Defendant USAA: (a) by employees of Defendant USAA, who participate in benefit plans administered by Defendant USAA; (b) using email addresses, domain names, and websites owned by Defendant USAA; (c) at a headquarters owned by Defendant USAA; (d) through a mobile application developed, owned, and sold by Defendant USAA: (e) bearing a logo trademarked by Defendant USAA; (f) producing work product identified as "the property of USAA"; (g) using a proprietary Xactimate profile controlled by Defendant USAA; (h) using vendors retained by Defendant USAA, under vendor programs controlled by Defendant USAA; and (i) resulting in claim payments issued by "USAA Property and Casualty Insurance," not by Defendant USAA CIC. 105. Defendant USAA CIC contributed no employees, no vendors, no benefit plans, no systems, no infrastructure, no intellectual property, and no claim payments to the handling of the Claim. 106. Defendant USAA CIC's designation as the issuing company is an administrative arrangement that does not alter the substantive insurance relationship between Plaintiffs and Defendant USAA. 107. The facts set forth above or herein establish that Defendant USAA CIC acted solely as general agent for Defendant USAA in issuing the Policy. 108. In the alternative, if Defendant USAA CIC was not acting as general agent for Defendant USAA, then Defendant USAA CIC is the instrumentality of Defendant USAA, having no separate existence apart from Defendant USAA. Under this alternative, Defendants engaged in deceptive practices by transferring Plaintiff Scott Phillips from a policy issued by Defendant USAA to a policy nominally issued by Defendant USAA CIC without disclosure, while continuing to represent the insurance relationship as being with "USAA" and maintaining Plaintiff Scott Phillips's status as a "USAA member". 109. If one entity is simply an instrumentality of another, the separation between them may be disregarded and they may be treated as one for purposes of tort law. Oliver v. Farmers Ins. Group of Companies, 1997 OK 71, 941 P.2d 985. Conclusion: 110. Under either theory, the substantive insurance relationship exists between Plaintiffs and Defendant USAA. 111. Plaintiff Scott Phillips is a member of Defendant USAA. Plaintiff Scott Phillips has no relationship with Defendant USAA CIC independent of his status as a member of Defendant USAA. 112. Plaintiffs' member number is incorporated into the Claim number, reflecting that the insurance relationship exists with Defendant USAA. 113. The Policy is a USAA member benefit issued through Defendant USAA CIC as general agent for Defendant USAA. 114. The Property and events giving rise to this action occurred in Tulsa County, Oklahoma. 115. Jurisdiction and Venue are proper in Tulsa County, Oklahoma. 116. The amount in controversy in this action exceeds seventy-five thousand dollars ($75,000.00), exclusive of attorney's fees and costs II. FACTUAL ALLEGATIONS 117. For purposes of this Petition, the "Claims File" is defined as: All documents, communications, and other records related to the Claim in Defendants' possession or in the possession of their representatives or agents, utilized in handling the Claim, whether in paper or in electronic form. 118. Plaintiffs satisfied all conditions precedent to coverage and claim handling, including submission of proof of loss on May 20, 2024; in the alternative, any condition not performed was waived, excused, or rendered unnecessary by Defendants' conduct. 119. Plaintiffs obtained a USAA homeowners replacement cost insurance policy, Policy No. CIC 00813 43 86 90A, covering the Property (the "Policy"). The Policy was in full force and effect at all material times. However, as Defendants have failed and refused to provide Plaintiff's with a current and/or complete copy of the Policy upon request, Plaintiffs are uncertain as to the complete terms of the Policy. 120. The Policy defines "insured" to include: (a) the "member," defined as the policy owner who meets USAA membership eligibility requirements; (b) the member's spouse when a resident of the same household; and (c) residents of the member's household who are either relatives or other persons under age twenty-one in the care of the member or spouse. 121. The Policy was in force on February 27, 2024. (Exhibit Attach_007 (PHILLIPS_00148). p. 4, Declarations Page, showing policy period June 18, 2023 through June 18, 2024) 122. The Policy was renewed for the period June 18, 2023 through June 18, 2024. (Exhibit Attach_007, p. 4, Declarations Page signed April 19, 2023) 123. The Renewal Declarations listed forms QR9CIC (07-08), HO-9R(02) (07-08), HO-ACP (07-12), HO-HS (04-18), HO-OK (08-16), HO-WDSOK (07-16), HOSLS9(02) (07-08), and HO-208 (07-12). (Exhibit Attach_007, p. 5) 124. The Renewal Declarations stated "REMAIN IN EFFECT (Refer to prior Policy Packet(s) for documents not attached)" and Defendants did not furnish the listed forms with the renewal packet. The Declarations state: "COVERAGE D - LOSS OF USE PROTECTION (UP TO 12 MONTHS) UNLIMITED". (Exhibit Attach_007, p. 4, Declarations Page) 125. The Claim was Plaintiffs' first homeowners claim with Defendant USAA. 126. The Property was built in 1939 with basement and crawlspace foundation. (Exhibit Attach_007 (PHILLIPS_00148), p. 11, Home Characteristics showing "YEAR BUILT: 1939" and "FOUNDATION TYPE: BASEMENT, CRAWLSPACE") 127. The Property contains wall cavities, spaces between sheathing boards, an air gap between exterior sheathing and brick veneer, and spaces between structural members that cannot be physically accessed without structural demolition. 128. Based upon information and belief, as of February 27, 2024, there was no published industry standard setting out protocols for dioxin remediation in residential fire losses. 129. The American National Standards Institute / Institute of Inspection, Cleaning and Restoration Certification (ANSI/IICRC) S700 Standard for Professional Fire and Smoke Damage Restoration (1st Edition. 2025) is a consensus standard for the fire restoration industry. 130. The S700 states: "The S700 does not specifically address the protocols and procedures for restoration when potentially hazardous, regulated materials are present or likely to be present in fire and smoke-damaged structures, systems, and contents. Such potentially hazardous, regulated materials include, but are not limited to asbestos, silica dust, lead, arsenic, mercury, polychlorinated biphenyls (PCBs), pesticides, fuels, solvents, radiological residues, and other chemical and biological contaminants". 131. USAA's Property Direct Repair Program (PDRP) requirements state: "Residential homes built prior to 1978 must either be tested for lead or presumed to have lead". (Exhibit NC_112 (PHILLIPS_01960), p. 22) 132. USAA's PDRP requirements state that if contractors presume lead is present in pre-1978 homes, the requirements include "Recommendation to use HEPA filter to clean work area" and "Recommendation to set up containment around disturbed work area". (Exhibit NC_112 (PHILLIPS_01960), p. 22) 133. USAA's PDRP requirements direct contractors to "refer to the Environmental Protection Agency (EPA) Asbestos handling guidelines" and "document in XactAnalysis Notes the specific why testing was required (age of home, suspected asbestos containing material, etc)". (Exhibit NC_112, p. 23) 134. Plaintiff Scott Phillips' former business email address was sc[REDACTED]@[REDACTED]ic.com (hereinafter "Plaintiffs' Legacy Email"). 135. Plaintiffs established the email address fe[REDACTED]@[REDACTED]il.com (hereinafter "Plaintiffs' Claim Email") specifically for claim-related communications. 136. USAA's assigned claim-specific email address was 3x[REDACTED]@[REDACTED]aa.com (hereinafter "USAA Claim Email"). (Exhibit Email_0009 (PHILLIPS_00015)) 137. "USAA Claim Email" is the designated address within Defendants' information processing system for receiving electronic records regarding claims. 138. USAA's Claims Electronic Document Delivery Terms and Conditions define "USAA" as "USAA group of property and casualty insurance companies" without identifying any specific subsidiary as the contracting party. (Exhibit NC_114 (PHILLIPS_01991), p. 1) 139. USAA's Claims Electronic Document Delivery Terms and Conditions state in part: "all Communications are deemed to be in writing, delivered and received no later than three (3) days after posting or dissemination, whether or not you have received or opened the communication". (Exhibit NC_114 (PHILLIPS_01991), p. 2) 140. USAA's Claims Electronic Document Delivery Terms and Conditions define "Communications" as "messages, information, and documents involving your claim with USAA delivered electronically via your email address that you have provided to USAA". (Exhibit NC_114, p. 1) 141. Under 12A O.S. § 15-115(b), an electronic record is received when it enters an information processing system that the recipient has designated for the purpose of receiving electronic records of the type sent. 142. Under 12A O.S. § 15-115(e), an electronic record is received even if no individual is aware of its receipt. 143. Xactimate is an insurance industry standard software for property claims estimating. 144. Defendant USAA uses Xactimate for creating property damage estimates. 145. ESX files are Xactimate's native file format containing complete estimate data including measurements, line items, unit costs, and component pricing details and calculations. 146. Defendant USAA coordinated claim handling through their vendor network including Contractor Connection, Paul Davis Restoration, Belfor, Keystone Experts & Engineers, THD Housing, and ALE Solutions. 147. Cole House of CCSI, serving as Keystone's representative, stated: "I am the Keystone rep representing USAA". (Exhibit Email_104 (PHILLIPS_00986)) 148. Todd Rademacher handled the initial claim response without visiting the Property. 149. On February 29, 2024, Plaintiff Scott Phillips informed USAA: "I am both an engineer and an experienced GC". (Exhibit CCC_005 (PHILLIPS_00109)) 150. Greg Startz, who identified himself as a USAA General Adjuster for Oklahoma with more than thirty-five years of experience, conducted the Property inspection and dwelling Claim evaluation. 151. The Property has remained uninhabitable from February 27, 2024 through the date of filing this Petition. 152. On February 27, 2024, a fire occurred at the Property. (Exhibit NC_105 (PHILLIPS_01838). Tulsa Fire Department Incident Report, Incident Number 2024-013050) 153. The Tulsa Fire Department Incident Report identifies the "Area of Origin" as "(72) - Exterior balcony, unenclosed porch". (Exhibit NC_105) 154. The Tulsa Fire Department Incident Report identifies the "Item First Ignited" as "(81) - Electrical wire, cable insulation" and the "Equipment Involved in Ignition" as "(216) - Electrical branch circuit". (Exhibit NC_105) 155. The Tulsa Fire Department Incident Report identifies the "Cause of Ignition" as "(2) - Unintentional". (Exhibit NC_105) 156. The Tulsa Fire Department Incident Report states in part: "Fire was contained to an upstairs balcony that had a hot tub and exterior doors". (Exhibit NC_105) 157. The fire caused damage to the Property and to personal property contained within the Property. 158. On February 27, 2024, Plaintiff Scott Phillips submitted the Claim through Defendant USAA's mobile application. 159. Exhibit Email_007 (PHILLIPS_00007) is a document dated February 27, 2024 at 10:50 AM, from USAA to Plaintiffs with subject line USAA Claim Communication Center Message Posted and is contained within the "Claims File". 160. Exhibit Email_007 states in part: "USAA means United Services Automobile Association and its insurance, banking, investment and other companies". 161. Exhibit CCC_001 (PHILLIPS_00009) is the Claim Communication Center message referenced in Exhibit Email_007. 162. Exhibit CCC_001 displays "USAA" branding without reference to any subsidiary. 163. Exhibit Email_007 and Exhibit CCC_001 are the first claim communications Plaintiff's received after submitting the Claim through Defendant USAA's mobile application. 164. Exhibit Email_007 and Exhibit CCC_001 were transmitted through systems owned and operated by Defendant USAA. 165. Exhibit Email_008 (PHILLIPS_00010) is a document dated February 27, 2024 at 10:53 AM, from USAA to Plaintiff Scott Phillips with subject line Your USAA Property Claim and is contained within the "Claims File". 166. Exhibit Email_008 states in part: "We've opened the following claim based on information provided:" identifying "Scott Edward Phillips" as USAA policyholder, claim number "008134386-010", date of loss "February 27, 2024". and loss location "Tulsa, Oklahoma". 167. Exhibit Email_008 states in part: "Emailing us at 3x[REDACTED]@usaa.com". 168. Exhibit Email_008 is the first communication in which USAA identified "USAA Claim Email" as the designated address for claim communications. 169. Exhibit E-mail_009 (PHILLIPS_00015) is a document dated February 27, 2024 at 12:11 PM, from "USAA Claim Email" to Plaintiff Scott Phillips with subject line Claim Message from USAA and is contained within the "Claims File". 170. Exhibit E-mail_009 states in part: "My name is Todd and I will be assisting you through this process". 171. Exhibit E-mail_009 states in part: "I will not be coming to the location to inspect the damage". 172. Exhibit E-mail_009 states in part: "the best way for me to receive and review the necessary information is at the email address you received within the initial USAA email: ***************Claim email address*********3x ********@********.aa.com" 173. Exhibit E-mail_009 states in part: "I will not be coming to the home to inspect as I will be relying off the estimates and photos from the contractors". 174. Exhibit E-mail_009 is signed Todd Rademacher. 175. Exhibit E-mail_012 (PHILLIPS_00022) is a document dated February 27, 2024 at 12:15 PM, from Temporary Housing Directory (THD) to Plaintiff Scott Phillips with subject line Welcome to THD: Scott Phillips, 008134386-010 and is contained within the "Claims File". 176. Exhibit E-mail_012 states in part: "We have been contacted by your insurance company, USAA, to assist with your temporary lodging needs". 177. Exhibit E-mail_016 (PHILLIPS_00030) is a document dated February 27, 2024 at 3:34 PM, from USAA to Plaintiffs with subject line USAA Property Direct Repair Program and is contained within the "Claims File". 178. Exhibit Email_016 states in part: "Thank you for agreeing to accept messages and documents electronically for the duration of this claim. Here are the terms and conditions for electronic communication with you". 179. Exhibit Email_016 contains a hyperlink to USAA's Claims Electronic Document Delivery Terms and Conditions. (Exhibit NC_114 (PHILLIPS_01991)) 180. Exhibit Email_019 (PHILLIPS_00041) is a document dated February 27, 2024 at 4:19 PM, from THD to Plaintiff Scott Phillips with subject line THD Housing Options - Scott Phillips. 008134386-010 and is contained within the "Claims File". 181. Exhibit Email_019 states in part: "I have located the following rental option for your review, within the guidelines approved by your adjuster". 182. Exhibit Email_019 states in part: "Size: 3 bedroom 1.5 bathroom" 183. Defendants did not furnish Plaintiffs written explanation of the "guidelines" referenced in Exhibit Email_019. 184. Defendants did not furnish Plaintiffs written explanation of Plaintiff’s Loss of Use coverage entitlements. 185. Exhibit Email_024 (PHILLIPS_00055) is a document dated February 28, 2024, from USAA to Plaintiff Scott Phillips with subject line Information You Requested From USAA and is contained within the “Claims File”. 186. Exhibit Email_024 states in part: "Dear Scott Phillips. Thank you for trusting us with your insurance needs. Attached is the information you requested". 187. Exhibit Email_024 identifies an attachment named 'Policy Issue.pdf.' Exhibit Attach_005 is that attachment. 188. Exhibit Attach_005 (PHILLIPS_00056) is a policy packet listing a property at an address in Locust Grove, Oklahoma with policy period August 16, 2011 to August 16, 2012. 189. USAA's packet for a Locust Grove property contained forms QR9CIC (07-08), HO-9R(02) (07-08), HO-OK (07-08), HOSLS9(02) (07-08), and HO-208 (07-08). 190. Defendants did not furnish Plaintiffs forms HO-ACP (07-12), HO-HS (04-18), or HO-WDSOK (07-16) listed on the April 19, 2023 Renewal Declarations Page. (Exhibit Attach_007) 191. Defendants, through Defendant USAA's electronic document systems, transmitted policy forms that did not correspond to the claim property. The transmitted forms contained HO-OK (07-08) and HO-208 (07-08). The Renewal Declarations Page lists HO-OK (08-16) and HO-208 (07-12). (Exhibit Attach_007) 192. Exhibit Email_025 (PHILLIPS_00107) is a document dated February 28, 2024, from USAA to Plaintiff Scott Phillips with subject line USAA Insurance Policy Summary and is contained within the "Claims File". 193. Exhibit Email_025 states in part: "Dear Scott Phillips, We're writing to provide the following summary of the USAA homeowners policy". 194. Defendants did not furnish Plaintiffs any forms or endorsements with Exhibit Email_025. 195. Exhibit Email_025 states in part: "policy terms, conditions and exclusions apply". 196. Exhibit CCC_005 (PHILLIPS_00109) is a Claim Communication Center exchange dated February 29, 2024 through March 1, 2024 and is contained within the "Claims File". 197. Exhibit CCC_005 states in part, Plaintiff, February 29, 2024 at 9:50 AM: "Can I get a status on this? Has this been reassigned yet? Am I allowed to start moving things? Cleaning things?" 198. Exhibit CCC_005 states in part, Todd, February 29, 2024 at 10:02 AM: "Since I was told the fire started outside then yes you may start the clean up process". 199. Exhibit CCC_005 states in part, Plaintiff, February 29, 2024 at 10:13 AM: "Did Paul Davis Contractors or the C&O inspector provide pictures?" 200. Exhibit CCC_005 states in part, Todd, February 29, 2024 at 10:18 AM: "Nobody has sent anything in yet for review" 201. Exhibit CCC_005 states in part, Plaintiff, February 29, 2024 at 10:29 PM: "we are going on 4 days with no staff field adjuster present". 202. Exhibit CCC_005 states in part, Caleb, March 1, 2024 at 10:46 AM: "We have received your message and will reaching out to discuss your loss". 203. February 29, 2024 at 10:02 AM is twelve (12) minutes before February 29, 2024 at 10:18 AM. 204. Exhibit Email_039 (PHILLIPS_00258) is a document dated March 15, 2024 at 10:06 AM, from "USAA Claim Email" to "Plaintiffs' Legacy Email" with subject line USAA Property Claim Settlement and is contained within the "Claims File". 205. Exhibit Email_039 transmitted an attached estimate prepared by Caleb Ankney stating "Date Inspected: 3/4/2024 10:00 AM" and "Date Est. Completed: 3/8/2024 4:05 PM". 206. During Caleb Ankney's March 4, 2024 referenced inspection of Plaintiffs' property, Plaintiff Scott Phillips expressed concern about reaching the personal property policy limit. 207. Caleb Ankney stated that if Plaintiffs reached the personal property policy limit, Defendants would deduct the value of surviving personal property from the limit and pay only the remainder. 208. Also during the March 4, 2024 inspection, Plaintiff Scott Phillips asked Caleb Ankney for a copy of the policy. 209. Caleb Ankney stated he did not have the policy and that Plaintiffs would need to contact policy services to obtain it. 210. The policy provides that deduction for surviving personal property applies only when personal property is located at another location or in an undamaged structure on the residence premises at the time of loss. (Exhibit Attach_008 (PHILLIPS_00160)) 211. Caleb Ankney stated that surviving personal property would be deducted from the policy limit without reference to this limitation. 212. Caleb Ankney's misrepresentation, combined with his failure to provide the policy, prevented Plaintiffs from verifying the accuracy of his statement and discouraged Plaintiffs from pursuing full policy benefits for personal property losses. 213. Exhibit Email_046 transmitted an attached estimate prepared by Greg Startz stating "Date Inspected: 3/4/2024 10:30 AM" and "Date Est. Completed: 3/22/2024 3:02 PM". 214. The estimate transmitted with Exhibit Email_046 does not include Xactimate line items for personal protective equipment (WTRPPE), air scrubbers (WTRNAFAN), HEPA vacuuming (HEPAW), or containment barriers. 215. The Restoration Industry Association document "Protection from Environmental Dangers During Fire Restoration" (Exhibit NC_108 (PHILLIPS_01886)) states: "prudent protective actions such as the setup of isolation barriers to minimize the spread of fire residue, the use of air scrubbers to lower particulate levels, and the use of personal protective equipment (PPE) to minimize skin and respiratory exposure" are "part of the current industry standard of care" and "are required under the general duty clause of the Occupational Safety And Health Act (OSHA)". 216. Exhibit Email_036 (PHILLIPS_00147) is a document dated March 8, 2024, from USAA to Plaintiffs with subject line Information You Requested From USAA and is contained within the "Claims File". 217. Exhibit Email_036 states in part: "Dear Scott Edward Phillips. Thank you for trusting us with your insurance needs. Attached is the information you requested". 218. Exhibit Email_036 identifies an attachment named 'Home Owners Policy Renewal.pdf.' Exhibit Attach_007 is that attachment. 219. Exhibit Attach_007 (PHILLIPS_00148) is titled "HOMEOWNERS POLICY PACKET" 220. Exhibit Attach_007 does not include any of the eight forms listed on the Renewal Declarations Page: QR9CIC (07-08), HO-9R(02) (07-08), HO-ACP (07-12), HO-HS (04-18), HO-OK (08-16), HO-WDSOK (07-16), HOSLS9(02) (07-08), or HO-208 (07-12). 221. Exhibit Email_037 (PHILLIPS_00159) is a document dated March 8, 2024, from USAA to Plaintiff Scott Phillips with subject line Information You Requested From USAA and is contained within the "Claims File". 222. Exhibit Email_037 states in part: "Dear Scott Phillips. Thank you for trusting us with your insurance needs. Attached is the information you requested". 223. Exhibit Email_037 identifies an attachment named 'Policy Issue.pdf.' Exhibit Attach_008 is that attachment. 224. Exhibit Attach_008 (PHILLIPS_00160) is a policy packet titled "Policy Issue" dated June 18, 2010 to June 18, 2011. 225. Exhibit Attach_008 lists five forms: QR9CIC (07-08), HO-9R(02) (07-08), HO-OK (07-08), HOSLS9(02) (07-08), and HO-208 (07-08). 226. Exhibit Attach_008 does not contain forms HO-ACP (07-12), HO-HS (04-18), or HO-WDSOK (07-16) listed on the April 19, 2023 Renewal Declarations Page. (Exhibit Attach_007) 227. Exhibit Attach_008 contains forms HO-OK (07-08) and HO-208 (07-08). The April 19, 2023 Renewal Declarations Page lists HO-OK (08-16) and HO-208 (07-12). (Exhibit Attach_007) 228. Exhibit Email_044 (PHILLIPS_00395) is a document dated April 2, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Re: Claim Message From USAA and is contained within the "Claims File". 229. Exhibit Email_044 states in part: "Thanks Greg. Can you also share the esx file. I am seeing some issues that would be easier to fix there". 230. Defendants did not furnish Plaintiffs the ESX file within thirty (30) days of the date of Exhibit Email_044. 231. Defendants did not furnish Plaintiffs a written response to the ESX file request within thirty (30) days of the date of Exhibit Email_044. 232. May 2, 2024 is thirty (30) days after April 2, 2024. 233. Exhibit Email_048 (PHILLIPS_00601) is a document dated April 3, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Re: Claim Message From USAA and is contained within the "Claims File". 234. Exhibit Email_048 states in part: "Good Morning Greg, I have been reviewing the estimate you sent last night. Can you share the esx file?" 235. Defendants did not furnish Plaintiffs the ESX file within thirty (30) days of the date of Exhibit Email_048. 236. Defendants did not furnish Plaintiffs a written response to the ESX file request within thirty (30) days of the date of Exhibit Email_048. 237. May 3, 2024 is thirty (30) days after April 3, 2024. 238. Exhibit Email_052 (PHILLIPS_00608) is a document dated April 3, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Re: USAA Property Claim Settlement and is contained within the "Claims File". 239. Exhibit Email_052 states in part: "Can you verify that you are receiving these emails? Just making sure technology is working for us right now". 240. Exhibit Email_053 (PHILLIPS_00610) is a document dated April 5, 2024, from "USAA Claim Email" to "Plaintiffs' Claim Email" with subject line Claim Message From USAA and is contained within the "Claims File". 241. Exhibit Email_053 states in part: "I received your email from your new email address: fe[REDACTED]@mail.com" 242. Exhibit Email_053 is signed Greg Startz. 243. Exhibit Email_056 (PHILLIPS_00617) is a document dated April 22, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Update on Your USAA Claim and is contained within the "Claims File". 244. Exhibit Email_056 is signed Greg Startz. 245. Exhibit Email_056 identifies an attachment named 'Claims Status_Documents-I126 .pdf.' Exhibit Attach_018 is that attachment. 246. Exhibit Attach_018 (PHILLIPS_00618) is a document entitled "Claims Status_Documents-I126". 247. Exhibit Attach_018 states in part: "Your claim is unresolved because we are awaiting the fire damage repairs to your home. After this information is received, we'll review the claim and make our decision". 248. Exhibit Email_056 is dated 17 days after Exhibit Email_053. 249. Exhibit Email_057 (PHILLIPS_00625) is a document dated April 22, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Update on Your USAA Claim and is contained within the "Claims File". 250. Exhibit Email_057 is signed Caleb Ankney. 251. Exhibit Email_057 identifies an attachment named 'Claims Status_Documents-I126.pdf.' Exhibit Attach_019 is that attachment. 252. Exhibit Attach_019 (PHILLIPS_00626) is a document entitled "Claims Status_Documents-I126". 253. Exhibit Attach_019 states in part: "Your Personal Property claim is unresolved because we are still waiting for the textile cleaning invoice, pack out with cleaning invoice, and pack back estimate. After this information is received, we'll review the claim and make our decision". 254. Exhibit Email_057 is dated 17 days after Exhibit Email_053. 255. Exhibit Email_060 (PHILLIPS_00635) is a document dated May 5, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Environmental Test Report and is contained within the "Claims File". 256. Exhibit Email_060 states in part: "The verified presence of both HCL and Dioxins significantly complicates paths forward". 257. Exhibit Email_060 identifies an attachment named 'Phillips Fire report comb.pdf.' Exhibit Attach_020 is that attachment. 258. Exhibit Attach_020 (PHILLIPS_00636) is an excerpt from a document entitled "Phillips Fire report comb.pdf" prepared by Liberty OHM. 259. Exhibit Attach_020, p. 1, states in part: "Materials that burned during the fire loss included several polyvinyl chloride (PVC) materials from the hot tub, roofing material, trim, soffit board, etc. and other common building materials in home (lumber, gypsum, plaster, etc.)". 260. Exhibit Attach_020, p. 1, states in part: "Combustion of PVC is likely to have caused chloride/hydrochloric acid contamination and chemical oxidation of metals-containing components". 261. Exhibit Attach_020, p. 4, Section C, Recommendation 4 states in part: "Materials on the 2nd Floor should be RR," including "Porous and Semi-Porous Contents (Clothing, Electronics)". 262. Exhibit Attach_020, p. 4, documents dioxin contamination throughout the property, with detectable concentrations found in all four sample locations. 263. Defendants did not furnish Plaintiffs a written response to the environmental test report within thirty (30) days of the date of Exhibit Email_060. 264. June 4, 2024 is thirty (30) days after May 5, 2024. 265. Exhibit Email_066 (PHILLIPS_00827) is a document dated May 20, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line *February 27, 2024 Fire Loss- Claim for Total Loss of House and Personal Property Due to Contamination* and is contained within the "Claims File". 266. Exhibit Email_066 constitutes Plaintiffs' proof of loss. 267. Exhibit Email_066 states in part: "I am writing to formally notify you of our position that payment under our policy should be calculated on a total loss basis for both the house and personal property due to severe soot, ash, char, hydrogen chloride (HCl) and dioxin contamination resulting from the fire loss which occurred on February 27, 2024". 268. Exhibit Email_066 states in part: "the contamination has rendered our home uninhabitable and our personal belongings irreparably damaged". 269. Exhibit Email_066 references "the environmental testing and findings we previously provided". Exhibit Email_060 transmitted that report fifteen (15) days earlier. 270. Exhibit Email_066 states in part: "I have been provided no evidence by USAA or any remediation company that these dangerous/corrosive contaminants can be thoroughly, completely, and effectively remediated. Therefore, we have no choice but to conclude that these dangerous contaminants cannot be safely and effectively remediated". 271. Exhibit Email_066 states in part: "unless you can present credible, peer-reviewed scientific research from an established expert or entity that concludes our house and personal property can be safely remediated, including dioxins and hydrogen chloride (HCl). It is our position and request that our policy should be paid as if these items are a total loss". 272. Exhibit Email_066 is signed Scott Phillips. 273. Defendants have not furnished Plaintiffs credible, peer-reviewed scientific research concluding that Plaintiffs' dwelling can be safely remediated, including remediation from dioxin and hydrogen chloride contamination, as of the date of this petition. 274. Defendants have not furnished Plaintiffs credible, peer-reviewed scientific research concluding that Plaintiffs' personal property can be safely remediated, including remediation from dioxin and hydrogen chloride contamination, as of the date of this petition. 275. Exhibit Email 066 states in part: "Please let me know if there are any additional forms or information required to expedite the processing of this claim". 276. Defendants did not furnish written response to this request within thirty (30) days of the date of Exhibit Email 066. 277. Defendants did not furnish proof of loss forms to Plaintiffs. 278. Defendants, through Defendant USAA's adjusters and vendor network, proceeded to adjust the Claim after receiving Exhibit Email 066, including conducting inspections and assigning vendors. 279. Exhibit Email 066 states in part: "I am available at (918) 510-9794 or [email protected]". 280. Defendants did not furnish Plaintiffs a written response within thirty (30) days of the date of Exhibit Email 066. 281. Defendants did not submit written offer of settlement or rejection of the claim within forty-five (45) business days of the date of Exhibit Email 066. 282. Defendants did not furnish Plaintiffs written notice of acceptance or denial within sixty (60) days of the date of Exhibit Email 066. 283. Defendants did not furnish Plaintiffs written notice explaining the need for additional investigation time within sixty (60) days of the date of Exhibit Email_066. 284. Defendants did not complete investigation and provide written determination within one hundred twenty (120) days of the date of Exhibit Email_066. 285. June 19, 2024 is thirty (30) days after May 20, 2024. 286. July 19, 2024 is sixty (60) days after May 20, 2024. 287. July 25, 2024 is forty-five (45) business days after May 20, 2024. 288. September 17, 2024 is one hundred twenty (120) days after May 20, 2024. 289. Exhibit Email_073 (PHILLIPS_00861) is a document dated June 6, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Update on Your USAA Claim and is contained within the "Claims File". 290. Exhibit Email_073 identifies an attachment named 'Claims Status_Documents-1126.pdf.' Exhibit Attach_025 is that attachment. 291. Exhibit Attach_025 (PHILLIPS_00862) is a document entitled "Claims Status_Documents-1126". 292. Exhibit Attach_025 states in part: "In reference to your email and our telephone conversation today, we have received and reviewed Liberty OHM's combustion by products, hydrochloric acid, and dioxin/furan sampling report". 293. Exhibit Attach_025 states in part: "Please be advised we accept the report and its test sampling findings, as well as their remediation recommendations as listed on page 4 and 5 of their report". 294. Exhibit Attach_025 states in part: "USAA does not have a list of recommended remediation companies for mold, asbestos, dioxins, etc". 295. Exhibit Attach_025 is signed Greg Startz. 296. Exhibit Email_073 is dated 62 days after Exhibit Email_053. 297. Defendants did not furnish any remediation protocol to Plaintiffs related to the contaminants identified in Exhibit Attach_020. 298. Following Defendants' acceptance of the Liberty OHM findings, Defendants did not identify to Plaintiffs any company capable of remediating dioxin contamination. 299. Defendants did not provide Plaintiffs with scientific evidence, environmental assessments, or expert reports addressing whether the Property could be safely remediated despite the presence of dioxin contamination. 300. Exhibit Email_074 (PHILLIPS_00872) is a document dated June 13, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Belfor Remediation Inspection and is contained within the "Claims File". 301. Exhibit Email_074 states in part: "I have scheduled Belfor for 10:00am Monday please forward your Xactimate .ESX file so I can be ready for that inspection". 302. Defendants did not furnish Plaintiffs the ESX file within thirty (30) days of the date of Exhibit Email_074. 303. Defendants did not furnish Plaintiffs a written response to the ESX file request within thirty (30) days of the date of Exhibit Email_074. 304. July 13, 2024 is thirty (30) days after June 13, 2024. 305. Exhibit Email_076 (PHILLIPS_00888) is a document dated June 18, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Original Homeowner's Policy Documents Request and is contained within the "Claims File". 306. Exhibit Email_076 states in part: "Can someone please send me a complete copy of my homeowners policy documents?". 307. Defendants did not furnish Plaintiffs the requested policy documentation within thirty (30) days of the date of Exhibit Email_076. 308. Defendants did not furnish Plaintiffs a written response to the policy documentation request within thirty (30) days of the date of Exhibit Email_076. 309. July 18, 2024 is thirty (30) days after June 18, 2024. 310. Exhibit Email_082 (PHILLIPS_00894) is a document dated August 14, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Residential Fire Dioxin Contamination Total Loss Analysis and is contained within the "Claims File". 311. Exhibit Email_082 states in part: "If you need any additional information or require any further action from me to comply with the terms of my policy please advise". 312. Exhibit Email_082 transmitted an attached engineering analysis prepared by Plaintiff Scott Phillips concluding that there is no realistic path forward that keeps the house and its contents from being a total loss. 313. The engineering analysis transmitted with Exhibit Email_082 cited the Restoration Industry Association document "Protection from Environmental Dangers During Fire Restoration" (Exhibit NC_108 (PHILLIPS_01885)) regarding fire restoration work, including the statement that "the frequent presence of PCBs in fire residue makes the proper cleaning of reusable protective gear, such as mechanic-style coveralls or lab coats, problematic at best". 314. Exhibit NC_108 identifies "chlorinated dioxins and furans" among the "hazardous materials that are often present in the soot and residue from fires," states that "Researchers have known since the 1700's that exposure to soot and other fire residue can cause cancer," and that there is "consensus from numerous credible organizations including the Center for Disease Control and Prevention (CDC), the Department of Health and Human Services (HHS), the National Cancer Institute (NCI)... and the International Agency for Research on Cancer (IARC)... that exposure to fire residue can cause both short-term and long-term problems". 315. Defendants did not furnish Plaintiffs a written response within thirty (30) days of the date of Exhibit Email_082. 316. September 13, 2024 is thirty (30) days after August 14, 2024. 317. Exhibit Email_085 (PHILLIPS_00925) is a document dated August 23, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Update on Your USAA Claim and is contained within the "Claims File". 318. Exhibit Email_085 is signed Greg Startz. 319. Exhibit Email_085 identifies an attachment named 'Claims Status_Documents-1126.pdf.' Exhibit Attach_029 is that attachment. 320. Exhibit Attach_029 (PHILLIPS_00926) is a document entitled "Claims Status_Documents-1126". 321. Exhibit Attach_029 states in part: "Your claim is unresolved because in response to our telephone conversation, I have requested an industrial hygienist to reinspect your home and personal property items and determine if there is a remediation protocol to remove the dioxins from the Liberty OHM report". 322. Exhibit Attach_029 states in part: "After this information is received, we'll review the claim and make our decision". 323. Exhibit Email_085 is dated 140 days after Exhibit Email_053. 324. Exhibit Email_086 (PHILLIPS_00933) is a document dated August 23, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Update on Your USAA Claim and is contained within the "Claims File". 325. Exhibit Email_086 is signed Amanda Crites. 326. Exhibit Email_086 identifies an attachment named 'Claims Status_Documents-I126.pdf.' Exhibit Attach_030 is that attachment. 327. Exhibit Attach_030 (PHILLIPS_00934) is a document entitled "Claims Status_Documents-I126". 328. Exhibit Attach_030 states in part: "The Personal Property portion of your claim is unresolved because we are pending the following information from the Insured:"..."Hazard Report". 329. Exhibit Email_086 is dated 140 days after Exhibit Email_053. 330. Exhibit Email_088 (PHILLIPS_00942) is a document dated August 23, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Claims Updates Continue to be Sent to Wrong Email Address and is contained within the "Claims File". 331. Exhibit Email_088 states in part: "Despite multiple requests to use the email: fe________@____il.com, as the official email address for all USAA correspondence regarding my fire loss claim, today I have once again received multiple claim updates to another email address". 332. Defendants did not correct their claim-communication routing within thirty (30) days of the date of Exhibit Email_088. 333. Defendants did not furnish Plaintiffs a written response to claim-communication routing within thirty (30) days of the date of Exhibit Email_088. 334. September 22, 2024 is thirty (30) days after August 23, 2024. 335. Exhibit Email_107 (PHILLIPS_00996) is a document dated October 10, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Claim Message From USAA and is contained within the "Claims File". 336. Exhibit Email_107 is dated 188 days after Exhibit Email_053. 337. Exhibit Email_109 (PHILLIPS_01001) is a document dated October 12, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line You Stopped Our Loss of Use Payments??? and is contained within the "Claims File". 338. Exhibit Email_109 states in part: "Now, with the October 15 deadline fast approaching, I've discovered that the funds we thought we had set aside for taxes are not there, as USAA evidently stopped paying our loss of use benefits 144 days ago without any explanation or notification". 339. Defendants did not furnish Plaintiffs a written response within thirty (30) days of the date of Exhibit Email_109. 340. November 11, 2024 is thirty (30) days after October 12, 2024. 341. Exhibit Email_110 (PHILLIPS_01002) is a document dated October 18, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Update on Your USAA Claim and is contained within the "Claims File". 342. Exhibit Email_110 identifies an attachment named 'Claims Status_Documents-I126.pdf.' Exhibit Attach_031 is that attachment. 343. Exhibit Attach_031 (PHILLIPS_01003) is a document entitled "Claims Status_Documents-I126" dated October 18, 2024. 344. Exhibit Attach_031 is signed Caleb Ankney. 345. Exhibit Attach_031 states in part: "Your Personal Property claim is unresolved because we are waiting for Keystone Experts inspection and report information". 346. Exhibit Attach_031 states in part: "After this information is received, we'll review the claim and make our decision". 347. Exhibit Email_110 is dated 196 days after Exhibit Email_053. 348. Exhibit Email_112 (PHILLIPS_01011) is a document dated October 21, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line *Loss of Use Payments???* and is contained within the "Claims File". 349. Exhibit Email_112 states in part: "Today marks 153 days since USAA stopped making loss of use payments on our fire loss claim and nine days since I notified you of this discovery". 350. Defendants did not furnish Plaintiffs explanation for the Loss of Use payment cessation within thirty (30) days of the date of Exhibit Email_112. 351. Defendants did not furnish Plaintiff's a written response to the Loss of Use payment status within thirty (30) days of the date of Exhibit Email_112. 352. November 20, 2024 is thirty (30) days after October 21, 2024. 353. Exhibit Email_133 (PHILLIPS_01247) is a document dated November 19, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line *Urgent: Loss of Use Payments and Lack of Communication* and is contained within the "Claims File". 354. Exhibit Email_133 states in part: "On October 12th, I explicitly pointed out that you had stopped making our loss of use payments '144 days ago'**". 355. Defendants did not furnish Plaintiffs a written response to the Loss of Use payment inquiry within thirty (30) days of the date of Exhibit Email_133. 356. December 19, 2024 is thirty (30) days after November 19, 2024. 357. Exhibit Email_134 (PHILLIPS_01248) is a document dated November 20, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Environmental Specialist Secret Report?? and is contained within the "Claims File". 358. Exhibit Email_134 states in part: "Now, I have learned that USAA has had a secret report from an environmental specialist for nearly two months without sharing it with me". 359. Exhibit Email_134 states in part: "I also expect to receive full and immediate access to this report and any other related findings moving forward". 360. Defendants did not furnish Plaintiffs an environmental specialist report within thirty (30) days of the date of Exhibit Email_134. 361. Defendants did not furnish Plaintiffs a written response to the environmental specialist report within thirty (30) days of the date of Exhibit Email_134. 362. December 20, 2024 is thirty (30) days after November 20, 2024. 363. Exhibit Email_137 (PHILLIPS_01252) is a document dated November 22, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Secret Report? Continued Lack of Communication & Claim Delays?? and is contained within the "Claims File". 364. Exhibit Email_137 states in part: "It has now been two days since I asked you about a secret report from an environmental specialist that you have evidently had for nearly two months". 365. Defendants did not furnish Plaintiffs the environmental specialist report within thirty (30) days of the date of Exhibit Email_137. 366. Defendants did not furnish Plaintiffs a written response to the environmental specialist report within thirty (30) days of the date of Exhibit Email_137. 367. December 22, 2024 is thirty (30) days after November 22, 2024. 368. Exhibit Email_139 (PHILLIPS_01254) is a document dated November 27, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Formal Complaint Regarding Claim #8134386-010 and Request for Immediate Escalation and is contained within the "Claims File". 369. Exhibit Email_139 states in part: "Despite numerous requests, I have not received the following:" "The Xactimate ESX file used to evaluate damages". 370. Defendants did not furnish Plaintiffs the ESX file within thirty (30) days of the date of Exhibit Email_139. 371. Defendants did not furnish Plaintiffs a written response to the ESX file request within thirty (30) days of the date of Exhibit Email_139. 372. December 27, 2024 is thirty (30) days after November 27, 2024. Note: Unless otherwise stated, “elapsed days since the May 20, 2024 Proof of Loss” are calendar days, excluding May 20, 2024 (Day 1 = May 21, 2024). 373. Exhibit Email_139 states in part: "These delays far exceed the timelines mandated under Oklahoma Statute Title 36, Section 1250.7(C), which requires claims investigations to be completed within 120 days of receiving proof of loss". 374. As of November 27, 2024, one hundred ninety-one (191) days had elapsed since Plaintiff’s May 20, 2024 proof of loss. 375. Exhibit Email_140 (PHILLIPS_01256) is a document dated November 27, 2024, from Plaintiff's to Defendants with subject line Systemic Oversight and Accountability Concerns in Claims Handling and is contained within the "Claims File". 376. Exhibit Email_140 states in part: "Why am I the one sounding the alarm? Why has it fallen to me to escalate these issues when USAA should already have systems in place to identify and address such delays?" 377. Exhibit Email_140 states in part: "A claim as delayed and complex as mine should have automatically triggered escalation through your internal processes. Instead, it appears there are no effective mechanisms at USAA to flag high-priority claims or to ensure compliance with regulatory timelines and internal standards". 378. Exhibit Email_140 states in part: "Does USAA have any system in place to monitor adjusters' compliance with internal policies and state-mandated deadlines, such as the 120-day investigation limit under Oklahoma Statutes Title 36, Section 1250.7(C)?" 379. Exhibit Email_140 states in part: "If such a system exists, why hasn't my claim been flagged for immediate attention?" 380. Exhibit Email_140 states in part: "If no such system exists, why has USAA chosen not to implement widely available claims management tools that could ensure fair and timely processing of claims?" 381. Exhibit Email_140 states in part: "A claim involving nine months of delay, a confirmed environmental hazard like dioxin contamination, and the cessation of critical payments should be flashing red at the top of a dashboard somewhere within USAA". 382. Defendants did not furnish Plaintiff's a written response addressing the inquiries in Exhibit Email_140. 383. Exhibit CCC_024 (PHILLIPS_01274) is a Claim Communication Center exchange dated December 4, 2024. 384. Exhibit CCC_024 states in part: "Despite outlining serious issues, extreme delays, lack of communication, and cessation of loss of use payments, I have received no response". 385. Exhibit CCC_024 states in part: "Loss of Use Payments: When will these be reinstated?" 386. Defendants did not furnish Plaintiffs any response through the Claim Communication Center within thirty (30) days of the date of Exhibit CCC_024. 387. Defendants did not furnish Plaintiffs a written response to the Loss of Use payment cessation within thirty (30) days of the date of Exhibit CCC_024. 388. December 15, 2024 is thirty (30) days after November 15, 2024. 389. Exhibit Email_143 (PHILLIPS_01276) is a document dated December 6, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Follow-Up on Your Voicemail Regarding Claim #8134386-010 and is contained within the "Claims File". 390. Exhibit Email_143 states in part: "Reinstatement of Loss of Use Payments: What steps are being taken to address all the issues with my Loss of Use coverage including catching up on the overdue payments owed to my family?" 391. Defendants did not furnish Plaintiffs Loss of Use reinstatement information within thirty (30) days of the date of Exhibit Email_143. 392. Defendants did not furnish Plaintiffs a written response to the Loss of Use reinstatement request within thirty (30) days of the date of Exhibit Email_143. 393. January 5, 2025 is thirty (30) days after December 6, 2024. 394. Exhibit Email_145 (PHILLIPS_01279) is a document dated December 10, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line USAA Claim Communication Center Message Posted and is contained within the "Claims File". 395. Exhibit Email_145 is dated 249 days after Exhibit Email_053. 396. Exhibit Email_146 (PHILLIPS_01283) is a document dated December 14, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Response to Your Correspondence - Claim Update and is contained within the "Claims File". 397. Exhibit Email_146 states in part: "I have just discovered an email you sent on December 10th, which I did not see until today because, once again, you have refused to use the claim-specific email address I set up for my claim". 398. Defendants did not correct their claim-communication routing within thirty (30) days of the date of Exhibit Email_146. 399. Defendants did not furnish Plaintiffs a written response to claim-communication routing within thirty (30) days of the date of Exhibit Email_146. 400. January 13, 2025 is thirty (30) days after December 14, 2024. 401. Exhibit Email_147 (PHILLIPS_01284) is a document dated December 16, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line USAA Claim Communication Center Message Posted and is contained within the "Claims File". 402. Exhibit Email_147 is dated 255 days after Exhibit Email_053. 403. Exhibit Email_148 (PHILLIPS_01287) is a document dated December 16, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Review Information About USAA Insurance Claim and is contained within the "Claims File". 404. Exhibit Email_148 identifies an attachment named 'Reservation of Rights-1156.pdf.' Exhibit Attach_038 (PHILLIPS_01288) is that attachment. 405. Exhibit Attach_038 is a Reservation of Rights letter dated December 16, 2024. 406. Exhibit Email_148 is dated 255 days after Exhibit Email_053. 407. Exhibit Email_148 is dated 210 days after Exhibit Email_066. 408. Exhibit CCC_030 (PHILLIPS_01308) is a Claim Communication Center exchange dated December 17, 2024. 409. Exhibit CCC_030 states in part: "Since I continue to receive USAA claims-related emails sent to the wrong email address, I have been diligently reviewing my various accounts to identify any missed communications". 410. Defendants did not correct their claim-communication routing within thirty (30) days of the date of Exhibit CCC_030. 411. Defendants did not furnish Plaintiffs a written response to claim-communication routing within thirty (30) days of the date of Exhibit CCC_030. 412. January 16, 2025 is thirty (30) days after December 17, 2024. 413. Exhibit Email_155 (PHILLIPS_01310) is a document dated December 19, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Concerns Regarding USAA Insurance Assigned to Advocate and is contained within the "Claims File". 414. Exhibit Email_155 is dated 258 days after Exhibit Email_053. 415. Exhibit Email_160 (PHILLIPS_01325) is a document dated December 22, 2024, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Next Steps on Claim #8134386-010. 416. Exhibit Email_160 states in part: "Unless you can present credible, peer-reviewed scientific research from an established expert or entity that concludes our house and personal property can be safely remediated, including dioxins and hydrogen chloride (HCl), it is our position and request that our policy should be paid as if these items are a total loss". 417. Exhibit Email_160 states in part: "To help ensure that the next steps are productive, I have attached a PDF containing every email I have sent to USAA regarding this matter. This includes over 50 emails, which comprehensively outline my concerns, provide supporting documentation, and demonstrate my repeated attempts to seek resolution". 418. Exhibit Email_160 identifies an attachment named '8134386-010 Emails Sent to USAA through December 2024.pdf.' 419. Defendants did not furnish Plaintiff's peer-reviewed scientific research within thirty (30) days of the date of Exhibit Email_160. 420. January 21, 2025 is thirty (30) days after December 22, 2024. 421. Exhibit Email_160 states in part: "it has now been 216 days since I provided formal notification of our position that our house and personal property are a total loss due to dioxin contamination. This far exceeds the Oklahoma statutory limit of 120 days for claim investigations". 422. As of December 22, 2024, two hundred sixteen (216) days had elapsed since the date of Exhibit Email_066. 423. Exhibit Email_161 (PHILLIPS_01501) is a document dated December 23, 2024, from USAA to "Plaintiffs' Legacy Email" with subject line Claim Message From USAA and is contained within the "Claims File". 424. Exhibit Email_161 is dated 262 days after Exhibit Email_053. 425. Exhibit Email_166 (PHILLIPS_01508) is a document dated January 29, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line USAA's Bad Faith Conduct and Continued Avoidance of Institutional Knowledge - Claim #8134386-010 and is contained within the "Claims File". 426. Exhibit Email_166 states in part: "USAA arbitrarily stopped loss of use payments on May 20th-the exact same day I declared my home a total loss". 427. Exhibit Email_166 states in part: "A complete breakdown of how loss of use benefits were calculated, what was covered, what should have been covered, and a detailed explanation for why payments were discontinued". 428. Defendants did not furnish Plaintiff's a breakdown of Loss of Use benefit calculations within thirty (30) days of the date of Exhibit Email_166. 429. Defendants did not furnish Plaintiff's an explanation for the discontinuation of Loss of Use payments within thirty (30) days of the date of Exhibit Email_166. 430. February 28, 2025 is thirty (30) days after January 29, 2025. 431. In the same communication, Plaintiff Scott Phillips states: "USAA has exceeded Oklahoma's statutory 120-day investigation limit. We are now at 216+ days since I declared my home and personal property a total loss". 432. As of January 29, 2025, two hundred fifty-four (254) days had elapsed since the date of Exhibit Email_066. 433. Exhibit Email_167 (PHILLIPS_01510) is a document dated January 30, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Loss of Use Payment - Lack of Transparency & Apparent Underpayment and is contained within the "Claims File". 434. Exhibit Email_167 states in part: "Despite multiple written requests, we are now over 11 months post-fire, and I still have almost no clue about something as basic as how my loss of use benefits are determined". 435. Exhibit Email_167 states in part: "At no point has USAA provided a clear explanation of: How the loss of use benefit was determined. What sources or methodologies were used to calculate the payment. Whether any adjustments, depreciation, or reductions were applied. What costs are even allowed under my policy". 436. Defendants did not furnish Plaintiffs Loss of Use benefit calculation methodology within thirty (30) days of the date of Exhibit Email_167. 437. Defendants did not furnish Plaintiffs a written response to the Loss of Use benefit calculations within thirty (30) days of the date of Exhibit Email_167. 438. March 1, 2025 is thirty (30) days after January 30, 2025. 439. Exhibit Email_169 (PHILLIPS_01519) is a document dated January 31, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Speaking of Withheld Items - Where Is My Xactimate ESX File? and is contained within the "Claims File". 440. Exhibit Email_169 states in part: "USAA has refused to provide a copy of my Xactimate ESX file? I initially requested this file 11 months ago while Greg was at my house working on it, and I have since made multiple follow-up requests via email, all of which have been ignored". 441. Defendants did not furnish Plaintiffs the ESX file within thirty (30) days of the date of Exhibit Email_169. 442. Defendants did not furnish Plaintiffs a written response to the ESX file request within thirty (30) days of the date of Exhibit Email_169. 443. March 2, 2025 is thirty (30) days after January 31, 2025. 444. Exhibit Email_171 (PHILLIPS_01521) is a document dated February 20, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line USAA's Continued Silence & Failure to Provide Expert Information - Claim #8134386-010 and is contained within the "Claims File". 445. Exhibit Email_171 states in part: "It has now been 276 days since I declared my home and personal property a total loss". 446. Exhibit Email_171 states in part: "Who are these experts? USAA has yet to provide the names, affiliations, and qualifications of the experts they claim to have engaged". 447. Exhibit Email_171 states in part: "What exactly will they be evaluating? No one at USAA has provided a clear scope of work or methodology for how this evaluation will be conducted". 448. Defendants did not furnish Plaintiffs the requested expert credentials within thirty (30) days of the date of Exhibit Email_171. 449. Defendants did not furnish Plaintiffs the requested scope of work or methodology within thirty (30) days of the date of Exhibit Email_171. 450. Defendants did not furnish Plaintiffs a written response to the inspection transparency requests within thirty (30) days of the date of Exhibit Email_171. 451. March 22, 2025 is thirty (30) days after February 20, 2025. 452. Exhibit Email_171 states in part: "you have already exceeded the statutory 120-day investigation deadline by 156 days". 453. As of February 20, 2025, two hundred seventy-six (276) days had elapsed since the date of Exhibit Email_066. 454. Exhibit Email_172 (PHILLIPS_01523) is a document dated February 21, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Follow-Up on My Last Email – Clarification on Dioxin Research & USAA's Position and is contained within the "Claims File". 455. Exhibit Email_172 states in part: "Every source I have reviewed confirms that dioxins cannot be fully removed from contaminated materials. This puts USAA in a position where it needs to either: 1. Provide peer-reviewed, scientifically supported evidence proving that complete dioxin removal is possible, or 2. Acknowledge that no such evidence exists and that my home and personal property should be declared a total loss". 456. Defendants did not furnish Plaintiffs peer-reviewed, scientifically supported evidence within thirty (30) days of the date of Exhibit Email_172. 457. Defendants did not furnish Plaintiffs a written response to the scientific evidence request within thirty (30) days of the date of Exhibit Email_172. 458. March 23, 2025 is thirty (30) days after February 21, 2025. 459. Exhibit Email_173 (PHILLIPS_01524) is a document dated February 21, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Policy Compliance Clarification - One-Year Anniversary Approaching and is contained within the "Claims File". 460. Exhibit Email_173 is dated six (6) days before the one-year anniversary of the February 27, 2024 fire. 461. Exhibit Email_173 states in part: "I want to ensure that I remain in full compliance with any policy requirements regarding claim timelines". 462. Exhibit Email_173 states in part: "since USAA has never provided me with a compiled and complete copy of my policy despite multiple requests, I do not have the ability to independently verify these provisions or any steps I may need to take". 463. Exhibit Email_173 states in part: "Can you please provide written guidance on: 1. What, if anything, I need to do before the one-year mark to ensure full compliance with my policy? 2. Whether these extension provisions apply to my claim, given that USAA has yet to acknowledge my total loss declaration?" 464. Exhibit Email_173 states in part: "my total loss claim remains in limbo entirely due to USAA's inaction well beyond statutory limitations". 465. Exhibit Email_175 (PHILLIPS_01526) is a document dated February 24, 2025, from USAA to "Plaintiffs' Claim Email" with subject line Claim Message From USAA and is contained within the "Claims File". 466. Exhibit Email_175 is dated three (3) days after Exhibit Email_173. 467. Exhibit Email_175 states in part: "Mr. Startz will provide you a replacement cost extension letter that will extend the replacement cost benefits for your dwelling claim for an additional 180 past the 1 year time limit". 468. Exhibit Email_175 states in part: "he will also make arrangements for a copy of your policy to be sent to you". 469. Exhibit Email_175 states in part: "I understand your position clearly about the presence and remediation of dioxins". 470. Exhibit Email_175 is signed Mark Motes. 471. Exhibit Email_176 (PHILLIPS_01528) is a document dated February 26, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line One Year Since our Fire – A Year of Loss, A Year of USAA's Failure and is contained within the "Claims File". 472. Exhibit Email_176 states in part: "It has now been 282 days since I declared my home and personal property a total loss, and USAA has blown through critical 45, 60 and 120 day statutory deadlines set to protect policyholders:" 473. Exhibit Email_176 states in part: "One year later, USAA has still not:" 474. Exhibit Email_176 states in part: "Accepted my total loss declaration. Provided expert credentials or methodology supporting dioxin remediation. Produced a full, compiled version of my homeowners policy. Provided the Xactimate ESX file requested. Handled my loss of use benefits with transparency or any imaginable concept of fairness". 475. Exhibit Email_176 states in part: "I expect a full written response addressing every outstanding issue on my claim—immediately". 476. Defendants did not furnish Plaintiffs complete policy documentation within thirty (30) days of the date of Exhibit Email_176. 477. Defendants did not furnish Plaintiffs a written response within thirty (30) days of the date of Exhibit Email_176. 478. March 28, 2025 is thirty (30) days after February 26, 2025. 479. Exhibit Email_177 (PHILLIPS_01530) is a document dated February 26, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Re: Claim Message From USAA and is contained within the "Claims File". 480. Exhibit Email_177 is dated one (1) day before the one-year anniversary of the February 27, 2024 fire. 481. Exhibit Email_177 states in part: "you did not address the personal property portion of my claim, which also requires an extension to ensure full reimbursement". 482. Exhibit Email_177 states in part: "I need immediate written confirmation that: 1. My personal property claim benefits will also be extended for 180 days, along with the dwelling claim". 483. Exhibit Email_177 states in part: "USAA has still not provided me with the supposed expert report that Belfor referenced, a report I have requested multiple times dating back to November 20th". 484. Exhibit Email_177 states in part: "If USAA has already engaged experts, why has this report been withheld from me? I request yet again that it be provided immediately or that USAA clearly state that no such report exists". 485. Defendants did not furnish Plaintiffs the environmental specialist report within thirty (30) days of the date of Exhibit Email_177. 486. Defendants did not furnish Plaintiffs a written response to the environmental specialist report request within thirty (30) days of the date of Exhibit Email_177. 487. March 28, 2025 is thirty (30) days after February 26, 2025. 488. Exhibit Email_178 (PHILLIPS_01532) is a document dated February 27, 2025, from USAA to "Plaintiffs' Claim Email" with subject line USAA Recoverable Depreciation Details and is contained within the "Claims File". 489. Exhibit Email_178 identifies an attachment named 'Holdback Extension Letter.pdf.' Exhibit Attach_046 is that attachment. 490. Exhibit Attach_046 (PHILLIPS_01533) is a document entitled Holdback Extension Letter. 491. Exhibit Attach_046 is signed Greg Startz. 492. Exhibit Attach_046 states in part: "You now have until October 03, 2025, to complete the repair or replacement". 493. February 27, 2025 is one year after February 27, 2024. 494. Exhibit Email_179 (PHILLIPS_01535) is a document dated February 27, 2025, from USAA to "Plaintiffs' Claim Email" with subject line Claim Message From USAA and is contained within the "Claims File". 495. Exhibit Email_179 states in part: "Please find attached a copy of your homeowner policy per your request". 496. Exhibit Email_179 is signed Greg Startz. 497. Exhibit Email_179 identifies an attachment named 'HO 9R 02.pdf.' Exhibit Attach_047 (PHILLIPS_01537) is that attachment. 498. Exhibit Attach_047 contains form HO-9R(02) (07-08). 499. Exhibit Attach_047 does not contain form HO-ACP (07-12). 500. Exhibit Attach_047 does not contain form HO-HS (04-18). 501. Exhibit Attach_047 does not contain form HO-OK (08-16). 502. Exhibit Attach_047 does not contain form HO-WDSOK (07-16). 503. Exhibit Attach_047 does not contain form HO-208 (07-12). 504. Exhibit Email_180 (PHILLIPS_01571) is a document dated March 2, 2025, from "Plaintiffs' Claim Email" to "USAA Claim Email" with subject line Policy Documentation & Personal Property Extension Clarification and is contained within the "Claims File". 505. Exhibit Email_180 states in part: "I received your letter regarding the recoverable depreciation timeline extension, but it is unclear whether this applies to my personal property as well". 506. Exhibit Email_180 states in part: "Since Caleb was handling my personal property claim, I do not know if a similar extension has been granted for that portion". 507. Exhibit Email_180 states in part: "Given that I have not heard from Caleb since October 18th—135 days ago, when he sent the last claim update—it is reasonable to be concerned". 508. Exhibit Email_180 states in part: "Please confirm whether the personal property claim has also been extended and, if so, provide documentation reflecting this". 509. Exhibit Email_180 states in part: "So, once again, I am simply requesting a fully compiled, up-to-date version of my policy, including all amendments and endorsements". 510. Defendants did not furnish Plaintiffs complete policy documentation within thirty (30) days of the date of Exhibit Email_180. 511. Defendants did not furnish Plaintiffs a written response to the policy documentation request within thirty (30) days of the date of Exhibit Email_180. 512. April 1, 2025 is thirty (30) days after March 2, 2025. 513. Exhibit Email_181 (PHILLIPS_01572) is a document dated March 3, 2025, from USAA to "Plaintiffs' Legacy Email" with subject line Claim Message from USAA and is contained within the "Claims File". 514. Exhibit Email_181 is dated four (4) days after the one-year anniversary of the February 27, 2024 fire. 515. Exhibit Email_181 is signed Caleb Ankney. 516. Exhibit Email_181 states in part: "As was previously discussed for supplements you must notify us with in one year (02/27/2025) of the date of loss (02/27/2024) of additional damaged items". 517. Exhibit Email_181 states in part: "we will not be able to extend the supplement time line for personal property past the one year mark of (02/27/2025)". 518. Exhibit Email_181 states in part: "will provide the requested extension for recoverable depreciation to the date of 08/27/2025". 519. Exhibit Email_181 is dated 332 days after Exhibit Email_053. 520. No written communication from Defendants prior to Exhibit Email_181 disclosed a one-year supplement notification deadline. 521. The settlement letters transmitted to Plaintiffs do not contain a one-year supplement notification deadline. 522. The policy documents furnished to Plaintiffs do not contain a one-year supplement notification deadline. 523. No verbal communication from Caleb Ankney prior to March 3, 2025 disclosed a one-year supplement notification deadline. 524. Exhibit Email_183 (PHILLIPS_01578) is a document dated March 4, 2025, from "Plaintiffs' Claim Email" to USAA adjuster Greg Startz and "USAA Claim Email" with subject line RE: Recoverable Depreciation and Supplement Time Line and is contained within the "Claims File". 525. Exhibit Email_183 states in part: "I received your email, though once again, it was sent to the wrong email address". 526. Exhibit Email_183 states in part: "I formally demand that USAA reconsider and extend the supplement timeline for personal property". 527. Exhibit Email_183 states in part: "a deadline that USAA itself refused to clarify when directly asked". 528. Exhibit Email_183 states in part: "At no point after my May 20th total loss declaration did anyone from USAA request an itemized list of supplemental personal property losses". 529. Exhibit Email_183 states in part: "I have repeatedly requested a full, compiled copy of my policy and USAA has never provided it". 530. Exhibit Email_185 (PHILLIPS_01582) is a document dated March 21, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, and "USAA Claim Email" with subject line USAA Policy Holder: Scott E. Phillips; Claim #: 008134386-010; Date of Loss: February 27, 2024 and is contained within the "Claims File". 531. Exhibit Email_185 states in part: "Please see the attached letter regarding Mr. Phillips' claim regarding the fire loss that occurred on February 27, 2024". 532. Exhibit Email_185 identifies an attachment named '2025-03-21 Demand Ltr to Startz re Phillips Claim pwb Final.pdf.' Exhibit Attach_049 (PHILLIPS_01583) is that attachment. 533. Exhibit Attach_049 is a formal demand letter dated March 21, 2025 establishing legal representation and demanding claim resolution. 534. Following transmission of Exhibit Email_185, Greg Startz coordinated a Belfor inspection for April 1, 2025. 535. Following transmission of Exhibit Email_185, USAA furnished an ESX file on March 28, 2025. 536. Prior to attorney involvement, USAA had not furnished an ESX file to Plaintiffs. 537. Following transmission of Exhibit Email_185, Defendants, through Defendant USAA's electronic claims systems, sent all claim communications to counsel's email address; none addressed the outstanding written requests. 538. Prior to attorney involvement, USAA had sent communications to "Plaintiffs' Legacy Email" for three hundred thirty-two (332) days after acknowledging "Plaintiffs' Claim Email" on April 5, 2024 (Exhibit Email_053). 539. Defendants did not furnish Plaintiffs a written response to counsel's specific requests within thirty (30) days of the date of Exhibit Email_185. 540. The file received on March 28, 2025 was titled "PHILLIPS__SCOTT-2 PHILLIPSOS~SSCOTT.ESX" and used a proprietary USAA-specific profile that was not made available to Plaintiffs or to Plaintiffs' counsel. 541. Exhibit Email_188 (PHILLIPS_01600) is a document dated March 28, 2025, from USAA to Plaintiffs' Counsel with subject line Claim Message From USAA and is contained within the "Claims File". 542. Exhibit Email_188 is signed Greg Startz. 543. Exhibit Email_188 is dated seven (7) days after Plaintiffs retained counsel. 544. Exhibit Email_188 states in part: "I have spoken with Caleb Ankney (personal property adjuster) and he informed doxin fallout will be considered as part of the contents claim". 545. Exhibit Email_188 states in part: "He is asking Belfor to provide a remediation estimate if they can be cleaned". 546. March 28, 2025 is one hundred ninety-two (192) days after September 17, 2024. 547. September 17, 2024 is one hundred twenty (120) days after May 20, 2024. 548. On April 1, 2025, Belfor conducted an inspection at Plaintiffs' property. 549. April 1, 2025 is one hundred ninety-six (196) days after September 17, 2024. 550. Exhibit Email_191 (PHILLIPS_01605) is a document dated March 31, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, and "USAA Claim Email" with subject line RE: [Public] Scott Phillips USAA Claim number: 008134386-010 and is contained within the "Claims File". 551. Exhibit Email_191 states in part: "As a reminder, Dioxin was not the only contaminant identified in the Liberty OHM report. Although we disagree that the house and personal property can be remediated, any plan for remediation must also factor in the remediation of other contaminants". 552. Defendants did not furnish Plaintiffs a remediation plan addressing all contaminants within thirty (30) days of the date of Exhibit Email_191. 553. Defendants did not furnish Plaintiffs a written response to counsel's multi-contaminant concerns within thirty (30) days of the date of Exhibit Email_191. 554. April 30, 2025 is thirty (30) days after March 31, 2025. 555. Exhibit Email_192 (PHILLIPS_01608) is a document dated March 31, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz and "USAA Claim Email" with subject line RE: [Public] Scott Phillips USAA Claim number: 008134386-010 and is contained within the "Claims File". 556. Exhibit Email_192 states in part: "Thank you for sending your ESX file on March 28, 2025. Unfortunately, the file you provided caused errors and would not load for us. Subsequent discussion and review by Xactimate's help desk revealed it was saved using a proprietary USAA specific profile that is not available to us and precludes our ability to open the file". 557. Defendants did not furnish Plaintiffs a usable ESX file within thirty (30) days of the date of Exhibit Email_192. 558. Defendants did not furnish Plaintiffs a written response to the file format problem within thirty (30) days of the date of Exhibit Email_192. 559. April 30, 2025 is thirty (30) days after March 31, 2025. 560. Exhibit Email_199 (PHILLIPS_01618) is a document dated April 17, 2025, from Plaintiff's attorney to USAA adjuster Greg Startz, and "USAA Claim Email", with subject line RE: [Public] Scott Phillips USAA Claim number: 008134386-010 and is contained within the "Claims File". 561. Exhibit Email_199 states in part: "Whether USAA has received Belfor's report or findings?" 562. Defendants did not furnish Plaintiffs the Belfor report or findings within thirty (30) days of the date of Exhibit Email_199. 563. Defendants did not furnish Plaintiff's a written response to the Belfor report inquiry within thirty (30) days of the date of Exhibit Email_199. 564. May 17, 2025 is thirty (30) days after April 17, 2025. 565. Exhibit Email_200 (PHILLIPS_01622) is a document dated April 22, 2025, from USAA to Plaintiffs' attorney with subject line Update on Your USAA Claim and is contained within the "Claims File". 566. Exhibit Email_200 identifies an attachment named 'Claims StatusDocuments-I126.pdf.' Exhibit Attach_051 is that attachment. 567. Exhibit Attach_051 (PHILLIPS_01623) is a document entitled Claims Status_Documents-I126. 568. Exhibit Attach_051 states in part: "we are awaiting the remediation estimate from Belfor. I will forward you a copy when received". 569. Defendants did not furnish Plaintiffs the Belfor estimate until September 26, 2025. 570. September 26, 2025 is the date of Exhibit Email_213. 571. Defendants did not furnish Plaintiffs a written claim status update between April 22, 2025 and September 26, 2025. 572. Exhibit Email_203 (PHILLIPS_01627) is a document dated May 8, 2025, from Plaintiffs' Counsel to USAA adjuster Greg Startz with subject line Scott Phillips USAA Claim number: 008134386-010 and is contained within the "Claims File". 573. Exhibit Email_203 states in part: "On April 1, 2025, Belfor inspected the Phillips' home. It has been 38 days since the inspection and we have not received an expert report, findings, or an explanation of policy or coverage". 574. Exhibit Email_203 states in part: "when you say "The portion of your claim.". you only seem to be referring to remediation of the home". 575. Exhibit Email_203 states in part: "there are many other unresolved issues you did not address related to a resolution of personal property, the demand for a finding of 'Total Loss', Loss of Use benefits, and other issues related to deadlines and delays". 576. Exhibit Email_206 (PHILLIPS_01630) is a document dated June 10, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, with copy to "USAA Claim Email", with subject line RE: Scott Phillips USAA Claim number: 008134386-010 and is contained within the "Claims File". 577. Exhibit Email_206 states in part: "does USAA accept my client's May 20, 2024 submission as a valid proof of loss under the policy?" 578. Exhibit Email_206 identifies an attachment named '20240520, 10-30 AM - February 27, 2024 Fire Loss- Claim for Total Loss of House and Personal Property Due to Contamination.pdf' Exhibit Email_066 is that attachment. 579. Exhibit Email_066 (PHILLIPS_00827) is a copy of the May 20, 2024 proof of loss which declares the house and personal property a total loss. 580. Exhibit Email_066 states in part: "unless you can present credible, peer-reviewed scientific research from an established expert or entity that concludes our house and personal property can be safely remediated, including dioxins and hydrogen chloride (HCl), it is our position and request that our policy should be paid as if these items are a total loss". 581. Defendants did not furnish Plaintiffs peer-reviewed scientific research within thirty (30) days of the date of Exhibit Email_206. 582. Defendants did not furnish Plaintiffs a written response to the proof of loss status within thirty (30) days of the date of Exhibit Email_206. 583. July 10, 2025 is thirty (30) days after June 10, 2025. 584. Exhibit Email_207 (PHILLIPS_01632) is a document dated June 24, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, with copy to "USAA Claim Email", with subject line RE: Scott Phillips USAA Claim number: 008134386-010 [IWOV-ACTIVE.FID1053426] and is contained within the "Claims File". 585. Exhibit Email_207 states in part: "On April 17, May 8, and June 10, 2025, I requested written clarification from USAA regarding three critical issues:" 586. Exhibit Email_207 states in part: "The status and findings of the Belfor inspection;" 587. Exhibit Email_207 states in part: "The current status of my client's Loss of Use benefits; and" 588. Exhibit Email_207 states in part: "USAA's position on the May 20, 2024 proof of loss submission". 589. Defendants did not furnish Plaintiff's the status and findings of the Belfor inspection within thirty (30) days of the date of Exhibit Email_207. 590. Defendants did not furnish Plaintiff's the current status of Loss of Use benefits within thirty (30) days of the date of Exhibit Email_207. 591. Defendants did not furnish Plaintiff's USAA's position on the May 20, 2024 proof of loss submission within thirty (30) days of the date of Exhibit Email_207. 592. Defendants did not furnish Plaintiff's any response to counsel's communication within thirty (30) days of the date of Exhibit Email_207. 593. July 24, 2025 is thirty (30) days after June 24, 2025. 594. On July 25, 2025, Plaintiff's attorney transmitted Exhibit Cert_001 via certified mail to USAA. 595. Exhibit Cert_001 states in part: "I am writing to ensure there is no ambiguity regarding USAA's obligations under Oklahoma law or the documented communication history following the April 1, 2025, inspection of the insured property". 596. Exhibit Cert_001 states in part: "Since that inspection, I have sent multiple follow-up emails—specifically on April 17, May 8, June 10, and June 24—requesting written responses to the following outstanding issues: 1. The status and findings of the BELFOR inspection initiated by USAA; 2. The current status of Loss of Use benefits; and 3. USAA's position regarding the Proof of Loss submitted on May 20, 2024". 597. Exhibit Cert_001 states in part: "To date, none of those questions have received a substantive response". 598. Exhibit Cert_001 states in part: "If USAA does not intend to provide written responses, please confirm that position in writing". 599. Defendants did not furnish Plaintiffs a written response within thirty (30) days of the date of Exhibit Cert_001. 600. Defendants did not confirm their position regarding providing responses within thirty (30) days of the date of Exhibit Cert_001. 601. Exhibit Cert_001 included as attachments copies of Exhibits Email_199, Email_203, Email_206, and Email_207. 602. August 24, 2025 is thirty (30) days after July 25, 2025. 603. Exhibit Email_208 (PHILLIPS_01637) is a document dated August 1, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, with copy to "USAA Claim Email", with subject line RE: Scott Phillips USAA Claim number: 008134386–010 [IW0V-ACTIVE.FID1053426] and is contained within the "Claims File". 604. Exhibit Email_208 states in part: "This email serves as formal notice that USAA is currently in violation of its statutory obligation to conclude claim investigation and issue a coverage determination within the period prescribed by Oklahoma law". 605. Exhibit Email_208 states in part: "The date of loss was February 27. 2024. Environmental testing results were provided on May 5, 2024. A Proof of Loss followed on May 20, 2024, and an engineering report was submitted on August 14, 2024. On April 1, 2025, USAA's vendor, Belfor, conducted an in-person site inspection". 606. Exhibit Email_208 states in part: "To date, USAA has issued no denial, no acceptance, no coverage explanation, no remediation plan, and no written valuation of the loss". 607. Exhibit Email_208 states in part: "This is a final request" 608. Exhibit Email_208 states in part: "for USAA to issue a formal coverage determination". 609. Defendants did not furnish Plaintiffs any coverage determination within thirty (30) days of the date of Exhibit Email_208. 610. Defendants did not furnish Plaintiffs a written response to counsel's final statutory notice within thirty (30) days of the date of Exhibit Email_208. 611. August 31, 2025 is thirty (30) days after August 1, 2025. 612. Exhibit Email_209 (PHILLIPS_01639) is a document dated September 24, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, with copy to "USAA Claim Email", with subject line RE: Scott Phillips USAA Claim number: 008134386-010 [IWOV-ACTIVE.FID1053426] and is contained within the "Claims File". 613. Exhibit Email_209 states in part: "Thank you for calling today to let me know you had received a report from Belfor regarding their inspection of the home. You had said you would get me the report either today or tomorrow". 614. Defendants did not furnish Plaintiffs the Belfor report on September 24 or 25, 2025 as indicated. 615. Exhibit Email_210 (PHILLIPS_01641) is a document dated September 25, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, with copy to "USAA Claim Email", with subject line RE: Scott Phillips USAA Claim number: 008134386-010 [IW0V-ACTIVE.FID1053426] and is contained within the "Claims File". 616. Exhibit Email_210 states in part: "Could you confirm what date Belfor made that feasibility determination? And please include their feasibility findings, including any scientific research or peer-reviewed studies cited". 617. Defendants did not furnish Plaintiffs any feasibility determination within thirty (30) days of the date of Exhibit Email_210. 618. Defendants did not furnish Plaintiffs a written response to the feasibility determination request within thirty (30) days of the date of Exhibit Email_210. 619. Defendants did not furnish Plaintiffs any scientific research or peer-reviewed studies within thirty (30) days of the date of Exhibit Email_210. 620. October 25, 2025 is thirty (30) days after September 25, 2025. 621. Exhibit Email_211 (PHILLIPS_01643) is a document dated September 26, 2025, from Plaintiffs' attorney to USAA adjuster Greg Startz, with copy to "USAA Claim Email", with subject line RE: Scott Phillips USAA Claim number: 008134386-010 [IW0V-ACTIVE.FID1053426] and is contained within the "Claims File". 622. Exhibit Email_211 states in part: "The S700 states it 'does not specifically address the protocols and procedures for restoration when potentially hazardous, regulated materials are present' and 'does not address worker or occupant health and safety' when such materials may be present". 623. Exhibit Email_211 states in part: "Has Belfor indicated what specialized protocols beyond S700 they would use for dioxin contamination, since the standard fire restoration protocols explicitly exclude such hazardous materials?" 624. Defendants did not furnish Plaintiff's specialized protocols for dioxin contamination within thirty (30) days of the date of Exhibit Email_211. 625. Defendants did not furnish Plaintiff's a written response to the specialized protocols request within thirty (30) days of the date of Exhibit Email_211. 626. October 26, 2025 is thirty (30) days after September 26, 2025. 627. Exhibit Email_213 (PHILLIPS_01739) is a document dated September 26, 2025 4:37:00 PM, from USAA to Plaintiff's attorney with subject line Belfor remediation and is contained within the "Claims File". 628. Exhibit Email_213 identifies an attachment named 'Phillips - Belfor remediation.pdf,' a document entitled "Belfor Estimate" dated August 28, 2025. 629. The Belfor Estimate transmitted with Exhibit Email_213 states in part: "This estimate does not include hazardous material testing or abatement unless specifically detailed in the following estimate". 630. The Belfor Estimate transmitted with Exhibit Email_213 states in part: "This estimate is valid for 30 days from 8/28/2025". 631. USAA transmitted Exhibit Email_213 at 4:37 PM on Friday, September 26, 2025—the final day of the Belfor Estimate's stated validity period. Plaintiffs had twenty-three (23) minutes of business time to review the Belfor Estimate before end of business on the day it expired. 632. The Belfor Estimate transmitted with Exhibit Email_213 does not include line items for dioxin remediation. 633. Exhibit Email_212 (PHILLIPS_01645) is a document dated September 26, 2025 at 4:30 PM, from USAA to Plaintiffs' attorney's former firm email address with subject line USAA Property Claim Settlement and is contained within the "Claims File". 634. Defendants did not transmit Exhibit Email_212 to Plaintiffs' attorney's current email address. 635. Exhibit Email_212 (PHILLIPS_01646) transmitted an attached revised USAA estimate dated September 18, 2025. 636. The estimate transmitted with Exhibit Email_212 is dated eight (8) days before the date of Exhibit Email_212. 637. Seven (7) minutes after transmitting Exhibit Email_212, Defendant USAA transmitted Exhibit Email_213 to Plaintiffs' attorney's current email address. Plaintiffs' attorney discovered Exhibit Email_212 days later on his former firm's email system. 638. As of the date of this Petition: (a) Defendants have not acknowledged or denied Plaintiffs' May 20, 2024 total loss declaration, despite requests including Exhibits Email_066, Email_160, Email_172, and others; (b) Defendants have not furnished a coverage determination addressing dioxin and hydrogen chloride contamination of Plaintiffs' dwelling or personal property, despite requests including Exhibits Email_066, Email_160, Email_172, Email_203, and others; (c) Defendants have not furnished the environmental specialist report referenced by Belfor, despite requests including Exhibits Email_177, and others; (d) Defendants have not furnished peer-reviewed scientific research concluding that dioxin and hydrogen chloride contamination can be safely remediated from residential structures or personal property, despite requests including Exhibits Email_160, Email_172, Email_210, Email_211, and others; (e) Defendants have not furnished Belfor's feasibility determination or the date such determination was made, despite requests including Exhibit Email_210; (f) Defendants have not furnished Belfor's specialized protocols for dioxin remediation beyond standard fire restoration protocols, despite requests including Exhibit Email_211; (g) Defendants have not furnished a Belfor remediation estimate for Plaintiffs' personal property, despite requests including Exhibits Email_203, and others; (h) Defendants have not furnished complete policy documentation including forms HO-ACP (07-12), HO-HS (04-18), HO-OK (08-16), HO-WDSOK (07-16), and HO-208 (07-12), despite requests including Exhibits Email_076, Email_177, Email_180, and others; (i) Defendants have not furnished a usable ESX file for Defendants' original estimate, despite requests including Exhibits Email_044, Email_169, Email_192, and others; (j) Defendants have not furnished an ESX file for Defendants' revised estimates; (k) Defendants have not furnished a written explanation for the cessation of Loss of Use payments, despite requests including Exhibits CCC_024, Email_143, and others; (I) Defendants have not furnished Loss of Use benefit allowances, guidelines, or calculations regarding amounts paid, amounts owed, or policy limits applied, despite requests including Exhibits Email_167, Email_203, and others; (m) Defendants have not furnished written documentation identifying covered Loss of Use expenses or accommodation standards. III. Claims for Relief 639. Plaintiffs reallege and incorporate by reference all prior paragraphs. 640. A valid insurance contract or Policy of insurance existed between Plaintiffs and Defendant USAA, with Defendant USAA CIC acting as general agent for Defendant USAA, covering the Property on February 27, 2024. 641. The February 27, 2024 fire, the Claim, constituted a "sudden and accidental" direct, physical loss to tangible property covered by the Policy. 642. Defendants breached their contractual obligations under the terms and conditions of the Policy by failing to pay Plaintiffs all benefits owed under the terms and conditions of the Policy and for wrongfully underpaying portions of the Claim. 643. Further, as set forth above, Defendants failed to investigate and handle the Claim pursuant to their contractual and statutory obligations. 644. Under Oklahoma law, Defendants had a duty to deal fairly and act in good faith with Plaintiffs as their Insureds. 645. Defendants violated their duty of good faith and fair dealing by unreasonably, and in bad faith, refusing to pay Plaintiffs the proper amount for the Claim under the Policy. 646. Defendants were required under the Policy to pay Plaintiffs' Claim to the full amount required under the Policy and pursuant to Oklahoma law. 647. Defendants' refusal to pay the Claim in full was unreasonable and in bad faith under the circumstances, due to, among other things: 1) Defendants' actions or inactions as set forth above; 2) Defendants did not perform a timely or proper investigation and handling of the Claim; 3) to the extent an investigation or claim handling was performed, Defendants did not evaluate the results of the investigation properly; 4) failures to timely communicate; 5) failures to timely handle the claim; 6) document withholding in bad faith; 7) failure to properly pay and handle loss of use ; 8) no reasonable basis for a refusal to timely pay all amounts owed to Plaintiffs; 9) the amounts paid were unreasonably low; 10) Defendants did not deal fairly and in good faith with Plaintiffs; 11) exceeding the 120-day investigation deadline by more than 500 days; 12) failing to respond to more than thirty (30) written communications within statutory timeframes; 13) failing to provide coverage determination more than 625 days after proof of loss; 14) adjuster misrepresentations regarding personal property supplement deadlines; and 15) reversing coverage positions only after Plaintiffs retained counsel. 648. The electronic claims systems through which Plaintiffs' Claim was processed, including the mobile application, Claim Communication Center, claim routing systems, and benefit calculation systems, are owned and operated by Defendant USAA, as established by the mobile application End User License Agreement identifying the Defendant USAA as developer. System failures affecting Plaintiffs' Claim, including communications routed to incorrect email addresses for more than 332 days after acknowledgment of correct address, and Loss of Use parameters inconsistent with Plaintiffs' policy entitlements, occurred within Defendant USAA's infrastructure, without any independent action by Defendant USAA CIC. 649. Defendant USAA had a duty to Plaintiffs to provide electronic claims systems that would provide for required communications and appropriate claims handling between Plaintiffs and Defendants related to the Claim. 650. In breach of its duty to Plaintiffs, upon information and belief, Defendant USAA failed to implement or maintain quality control systems to monitor statutory deadline compliance, flag unanswered communications, or ensure claim handling parameters matched policy and property characteristics. 651. Upon information and belief, Defendant USAA determined that initial claim routing, adjuster assignment, and Loss of Use parameters were inconsistent with Plaintiffs' policy and property characteristics but failed to disclose this to Plaintiffs. Defendant USAA's continued silence regarding these discrepancies, while Plaintiffs remained displaced and received inadequate benefits, constituted concealment of material facts to Defendant USAA's benefit and to Plaintiffs' detriment. 652. Defendant USAA, through its employee Caleb Ankney, made material misrepresentations to Plaintiffs, including: a) falsely stating that surviving personal property would be deducted from policy limits; b) falsely stating he researched Agent Orange and dioxin and found no connection between them; c) representing on May 17, 2024 that contaminated clothing was "cleanable" despite Defendants' receipt twelve days earlier of expert findings recommending removal and replacement; d) adjusting Plaintiffs' claim without reviewing the policy; e) stating on March 3, 2025 that a one-year supplement notification deadline had been "previously discussed" when no prior written or verbal communication from Caleb Ankney disclosed a one-year supplement deadline; f) stating on March 3, 2025 that Defendants would "not be able to extend the supplement time line for personal property" when Defendants extended the timeline twenty-five days later; and g) enforcing a one-year supplement deadline that was not contained in any policy documentation, settlement letters, or claim correspondence furnished to Plaintiffs. Plaintiffs justifiably relied on these misrepresentations to their detriment. 653. As a direct and proximate result of Defendants' actions or inactions, misrepresentations, deceit, and/or breaches of duty, as set forth above, Plaintiffs have suffered and are entitled to a judgment for all detriment proximately caused by Defendants, financial losses, embarrassment and loss of reputation, mental pain and suffering, consequential, incidental and actual damages in an amount in excess of seventy-five thousand dollars ($75,000.00), plus attorney's fees, costs, and interest. 654. Defendants' conduct described above occurred with such frequency as to indicate a general business practice. 655. Defendants' conduct was intentional, willful, malicious, and in reckless disregard of Plaintiffs' rights. Defendants acted intentionally, with malice, and breached their duty to deal fairly and in good faith. Defendants enjoyed increased financial benefits as a direct result of the wrongful conduct described above. Defendants' conduct was sufficiently egregious to warrant the imposition of punitive damages in an amount in excess of seventy-five thousand dollars ($75,000.00). WHEREFORE, Plaintiff's request the Court enter Judgment for Plaintiffs and against Defendants for actual, consequential, incidental, and punitive damages in an amount in excess of seventy-five thousand dollars ($75,000.00), costs, interests, attorney's fees, and for such other relief as the Court deems just and proper. DOERNER, SAUNDERS, DANIEL & ANDERSON, L.L.P. By: Peter W. Brolick, OBA No. 17781 Michael S. Linscott, OBA No. 17266 Ty J. Gilmore, OBA No. 34664 Two West Second Street, Suite 700 Tulsa, Oklahoma 74103-3117 [email protected] [email protected] [email protected] Phone: 918.591.5283 Fax: 918.925.5283 Attorneys for Plaintiffs EXHIBIT GUIDE — The exhibits referenced in this Petition are organized in two volumes. Each volume begins with a Table of Contents listing exhibits by Bates number and date. EXHIBIT VOLUME I Bates Range: PHILLIPS_00007 through PHILLIPS_01610 <table> <tr> <th>Exhibit Type</th> <th>Range</th> </tr> <tr> <td>Email</td> <td>Email_007 – Email_192</td> </tr> <tr> <td>Attach</td> <td>Attach_005 – Attach_049</td> </tr> <tr> <td>CCC</td> <td>CCC_001 – CCC_030</td> </tr> </table> EXHIBIT VOLUME II Bates Range: PHILLIPS_01618 through PHILLIPS_01999 <table> <tr> <th>Exhibit Type</th> <th>Range</th> </tr> <tr> <td>Email</td> <td>Email_199 – Email_213</td> </tr> <tr> <td>Attach</td> <td>Attach_051</td> </tr> <tr> <td>Cert</td> <td>Cert_001</td> </tr> <tr> <td>NC</td> <td>NC_100 – NC_117</td> </tr> </table> A unified version with full internal navigation containing 2,658 cross-references is available upon request.