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OKLAHOMA COUNTY • CJ-2020-1001

Larry McDaniel v. American Farmers and Ranchers Mutual Insurance Company

Filed: Feb 20, 2020
Type: CJ

What's This Case About?

Let’s be real—when you think of Halloween horror stories, you probably picture haunted houses, cheap candy, or that one year your neighbor dressed as a clown and traumatized the entire block. But for Larry McDaniel, October 31, 2019, wasn’t about candy corn or costumes. It was about paint in the plumbing. Yes, paint. As in, gallons of the stuff, deliberately poured down the drains of his rental property by a tenant who apparently decided eviction was the perfect time to go full performance artist in the category of “Domestic Sabotage.” This wasn’t just a messy breakup between landlord and tenant—it was a full-scale home demolition, courtesy of someone who should’ve just handed over the keys and left. Instead, we’re now in the District Court of Oklahoma County, where a man is suing his insurance company for $75,000 because they said, “Cool story, bro, but we’re not paying for that.”

So who’s Larry McDaniel? Just your average Oklahoma landlord trying to make a few bucks on the side, probably dreaming of passive income and quiet tenants who pay on time and never, ever touch the drywall. He owns a rental property—details are sparse, but let’s assume it was a modest home, the kind where the lawn needs mowing every other week and the hot water heater groans like a haunted spirit. Then there’s the tenant, whose name we don’t know but whose actions scream “I’ve seen one too many true crime documentaries and now think I’m the protagonist.” This person wasn’t just moving out—they were erasing their presence, like a spy covering their tracks. But instead of burning documents, they were ripping out breaker boxes, prying up floors, and—again—pouring paint down the plumbing. Not spilled. Not accidentally dripped. Poured. As in, “I have a bucket, and I have a vendetta, and the pipes shall know my wrath.” And the AC? Trashed. Doorbell? Yanked off the wall like it insulted their mother. This wasn’t vandalism. This was a grudge match against drywall and copper wiring.

Now, most landlords would call the cops, file a police report, maybe scream into a pillow. But Larry had another card to play: insurance. He had a dwelling policy with American Farmers and Ranchers Mutual Insurance Company—yes, that’s a real name, and yes, it sounds like a company founded by a group of guys who meet at a barn every Tuesday to talk about crop yields and liability coverage. The policy, according to the filing, covered vandalism. And unless someone redefined “vandalism” in the fine print to exclude “acts of unhinged former tenants with a paint fetish,” this should’ve been a slam dunk. Larry files the claim. He expects a check. He expects contractors. He expects, at the very least, a polite letter and maybe a timeline.

Instead? A hard no. The insurance company looks at the claim—paint in the pipes, electrical systems torn out, flooring pried up, AC unit presumably used as a percussion instrument—and says, “Nah, we’re good.” No payout. No explanation that satisfies Larry. Just a denial, cold and final, like a breakup text sent at 2 a.m. Now, insurance companies are famously skilled at finding reasons not to pay. That’s kind of their whole business model—collect premiums, avoid claims. But this? This feels like the kind of vandalism that should be covered. It’s not a leaky faucet or a squirrel in the attic. This is war on a house. And yet, American Farmers and Ranchers looked at the wreckage and said, “This doesn’t qualify,” which is either a bold legal stance or a complete misunderstanding of the word “vandalism.”

So why is Larry in court? Because he’s not just mad about the damage. He’s mad about the response. His claim is for bad faith—a legal term that sounds like a breakup song but is actually a serious accusation in the insurance world. Here’s the deal: when you buy an insurance policy, it’s not just a contract. It’s a relationship built on trust. The insurer promises to cover certain losses if you pay your premiums. In return, you trust them to actually do that when disaster strikes. But when an insurer denies a claim without a good reason—especially when the damage clearly falls under the policy—they can be accused of acting in bad faith. That means they didn’t just make a mistake. They allegedly acted unreasonably, unfairly, or even maliciously in refusing to pay. And in Oklahoma, like in many states, that opens the door to not just the original damages, but extra damages—like attorney fees, emotional distress, and even punitive damages, which are meant to punish the company for being especially jerky.

Larry isn’t just asking for the cost of repairs. He’s asking for $75,000—exceeding that amount, the filing stresses—and he wants punitive damages on top. Is $75,000 a lot for a vandalized rental? Well, let’s do the math. Paint in the plumbing? That’s not just a drain snake and some elbow grease. That’s pipe replacement. You don’t unclog paint. You rip out the pipes. Breaker box torn out? That’s electrical work, permits, inspections. Flooring ripped up? Subfloor damage likely. AC destroyed? New unit, possibly ductwork. Then there’s lost rental income, cleanup, contractor fees, permits, time, stress. Suddenly, $75,000 doesn’t sound outrageous. It sounds like the cost of someone turning your investment property into a modern art installation titled “I Hate My Landlord.”

But here’s the kicker: Larry isn’t suing the tenant. He’s suing the insurance company. Maybe the tenant vanished into the ether, untraceable, living off-grid in a yurt somewhere. Maybe they’re broke. Maybe suing them would be like squeezing blood from a turnip. But the insurer? They’ve got deep pockets. And more importantly, they promised to cover this. So now it’s not just about the house. It’s about the principle. It’s about sending a message: if you sell a policy that says “vandalism covered,” you can’t weasel out when the vandalism looks like it was directed by Tim Burton.

Our take? Look, we’ve all had landlord-tenant drama. Late rent. Dirty carpets. That one guy who kept a goat in the backyard. But this? This is next-level. The tenant’s actions are so wildly destructive, so creatively spiteful, that you almost have to admire the commitment. Almost. But the real villain here might not be the paint-pouring tenant—it’s the insurance company that looked at a smoking pile of homeowner despair and said, “Not our problem.” That’s the kind of corporate nonsense that makes people lose faith in the entire system. Is $75,000 a lot? Maybe. But if it sends a message that insurers can’t just ignore clear policy terms when it’s inconvenient? Then it might be the best $75,000 ever spent. We’re not lawyers. We’re not accountants. But we are rooting for the guy who had paint in his pipes and still had the guts to say, “You know what? I paid for this protection. Now protect me.” And if that means a jury in Oklahoma County gets to hear the phrase “paint in the plumbing” in open court? Well, that’s not just justice. That’s entertainment.

Case Overview

$75,000 Demand Jury Trial Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$75,000 Monetary
$1 Punitive
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Bad Faith

Petition Text

399 words
DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA Larry McDaniel; ) ) ) Plaintiff, ) v. ) Case No. ) American Farmers and Ranchers Mutual Insurance Company; ) ) Defendant. PETITION C.I.-2020-1001 Plaintiff, in support of his claims against the Defendant, alleges and states as follows: JURISDICTION 1. Plaintiff resides in Craig County, Oklahoma. 2. Defendant American Farmers and Ranchers Mutual Insurance Company is a domestic insurance company. Defendant is licensed to transact insurance business in Oklahoma and maintains a registered service agent in Oklahoma County, Oklahoma. 3. Plaintiff alleges damages exceeding $75,000, exclusive of costs and interest. This Court has jurisdiction and venue over the parties and subject matter. CAUSES OF ACTION Claim No. 1 - Bad Faith 4. Defendant is an insurance company with authority to transact insurance in Oklahoma. 5. Defendant issued a dwelling insurance policy to Plaintiff that included coverage for certain perils to Plaintiff's rental property. 6. Dwelling coverage included damages stemming from vandalism. 7. During the policy term, on or about October 31, 2019, Plaintiff evicted a tenant from his rental property. The tenant vandalized the property before leaving. 8. The tenant poured paint down plumbing lines, ripped the breaker box and doorbell from the walls, pried up flooring, and destroyed the air conditioning system, among other things. 9. Defendant breached its contract with Plaintiff by denying coverage under the insurance policy and refusing to pay the amount due under the policy despite Plaintiff's demand for payment. 10. Plaintiff has performed all conditions precedent to recover under the insurance policy and has not excused Defendant's breach. 11. Defendant's refusal to pay Plaintiff's claim was unreasonable under the circumstances, and Defendant thereby violated its duty of good faith and fair dealing with Plaintiff. 12. Due to Defendant's refusal to pay Plaintiff's claim, Plaintiff has had to and continues to pay attorney's fees and has experienced mental pain and suffering. 13. Due to Defendant's violation of its duty of good faith and fair dealing, Plaintiff demands compensatory damages for attorney fees and mental pain and suffering and punitive damages. WHEREFORE, Plaintiff Larry McDaniel prays for judgment in his favor against Defendant American Farmers and Ranchers Mutual Insurance Company for a sum exceeding $75,000, exclusive of costs and interest, together with the awarding of costs, interest, and other relief this Court deems just and proper. Respectfully submitted, Aizenman Law Group, PLLC [Signature] Daniel Aizenman, OBA No. 30971 Brett M. Stingley, OBA No. 31239 5800 East Skelly Drive, Suite 575 Tulsa, OK 74135 918.426.4878 [email protected] Attorneys for Plaintiff Jury Trial Demanded Attorney Lien Claimed
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