EXHIBIT A

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 1 of 11 Pg ID 4
suRy FEE, 

Jury Fee - $85.00 

CASE FILING FEE 

El Case Filing Fee - $150.00 

ISSUED ' 

6/10/2015 

TIIIS,SVMMONS" EXPIlitS 

9/ 9/2015 

DEPUTYSOUpiTY ClERK 

File & Serve Tyler 

CASE NO. 

15-007596-CK 

SUMMONS AND 

RETURN OF SERVICE 

STATE OF MICHIGAN 

THIRD JUDICIAL CIRCUIT 

WAYNE COUNTY 

2 Woodward Ave., Detroit MI 48226 Court Telephone No. 313-224-0250 

THIS CASE IS ASSIGNED TO JUDGE David J. Allen Bar Number: 48982 

Plaintiff 

Hicks, Shea 

Plaintiff's Attorney 

Defendant 

Allstate Property & Casualty Insurance Company 

Defendant's Attorney 

Docket No. Judge Bar No. 

The docket number and assigned judge of the civil/domestic relations action are: 

The action remains riis no longer pending. 

I declare that the complaint information above and attached is true e best of my formation, knowledge, and belief. 

//Ai/6' 

Date Sign re of attorn /plai 

*This summons is invalid unless served on or before its expiration date. CATHY M. GARRETT - WAYNE COUNTY CLERK 

NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified: 

1. You are being sued. 

2. YOU HAVE 21 DAYS after receiving this summons to file an answer with the court and serve a copy on the other party or take other lawful action 

(28 days if you were served by mail or you were served outside this state). 

3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint. 

X There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. 

A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed 

in Court. 

There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or family members 

of the parties. 

An action within the jurisdiction of the family division of circuit court involving the family or family members of the parties has been previously 

filed in Court. 

COMPLAINT IS STATED ON ATTACHED PA C ES. EXHIBITS ARE ATTACHED IF REQUIRED BY COURT RULE. 

If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you to fully 

participate in court proceedings, please contact the court immediately to make arrangements. 

MC 01-3CC (09/2008) SUMMONS AND RETURN OF SERVICE 

MCR 2.102(B)(11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a),(b), MCR 3.206(A) 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 2 of 11 Pg ID 5
CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE 

111 OFFICER CERTIFICATE OR LII AFFIDAVIT OF PROCESS SERVER 

I certify that I am a sheriff, deputy sheriff, bailiff, appointed 

court officer, or attorney for a party [MCR 2.104(A)(2)], and 

that: (notarization not required) 

Being first duly sworn, I state that I am a legally competent 

adult who is not a party or an officer of a corporate party, and 

that: (notarization not required) 

STATE OF MICHIGAN 

THIRD JUDICIAL CIRCUIT 

WAYNE COUNTY 

RETURN OF SERVICE 

CASE NO. 

15-007596-CK 

TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date of fi ing or the date of 

expiration on the order for second summons. You must make and file your return with the court clerk. If you are unable to complete 

service you must return this original and all copies to the court clerk. 

1-7 I served personally a copy of the summons and complaint, 

[7 I served by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint, 

together with 

List all documents served with the Summons and Complaint 

on the defendant(s): 

Defendant's name Complete address(es) of service Day, date, time 

I have personally attempted to serve the summons and complaint, together with any attachments, on the following defendant(s) and have been unable 

to complete service. 

Defendant's name Complete address(es) of service Day, date, time 

I declare that the statements above are true to the best of me information, knowledge and belief. 

Service fee Miles traveled Mileage fee Total fee 

$ $ $ $ • 

Signature 

Name (type or print) 

Title 

Subscribed and sworn to before me on County, Michigan. 

Date 

My commission expires: Signature: 

Date Deputy court clerk/Notary public 

Notary public, State of Michigan, County of 

ACKNOWLEDGMENT OF SERVICE 

I acknowledge that I have received service of the summons and complaint, together with 

Attachments 

on 

Day, date, time 

on behalf of 

Signature 

MC 01-3CC (09/2008) SUMMONS AND RETURN OF SERVICE 

MCR 2.102(B)(11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a),(b), MCR 3.206(A) 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 3 of 11 Pg ID 6
STATE OF MICHIGAN 

IN THE WAYNE COUNTY CIRCUIT COURT 

SHEA HICKS, 

Plaintiff, 

ALLSTATE PROPERTY AND 

CASUALTY INSURANCE COMPANY, 

Defendant. 

JO ROBIN DAVIS (P31263) 

JO ROBIN DAVIS, PLLC 

30300 Northwestern Highway, Ste. 104 

Farmington Hills, MI 48334 

(248) 932-0100 ext. 254 

Case No. 15- CK 

Hon. 

15-007596-CK 

FILED IN MY OFFICE 

WAYNE COUNTY CLERK 

6/10/2015 2:46:39 PM 

CATHY M. GARRETT 

There is no other action arising out of the same transaction or occurrence 

as alleged in this Complaint, pending in this Court, nor has any such 

action been previously filed and dismissed after having been assigned to 

a Judge. 

Is/ Jo Robin Davis 

Jo Robin Davis, Attorney for Plaintiff 

COMPLAINT 

NOW COMES Plaintiff SHEA HICKS, by and through her attorney, Jo Robin Davis, 

PLLC, and complaining against the above-named Defendant, states as follows: 

COMMON ALLEGATIONS 

1. At all times relevant hereto Plaintiff was a resident of the City of Detroit, County 

of Wayne, State of Michigan. 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 4 of 11 Pg ID 7
2. Defendant Allstate Property and Casualty Insurance Company is a foreign 

insurance corporation duly organized and incorporated under the laws of the State of Illinois, 

with its principle place of business in Northbrook, Illinois, but licensed to do business in the 

County of Wayne and State of Michigan. 

3. The amount in controversy exceeds Twenty-Five Thousand Dollars ($25,000.00). 

4. Defendant issued to Plaintiff policy #000906616248, a copy of which is in the 

Defendant's possession, covering property and additional living expenses located at 1495 17th 

Street, Detroit, Michigan, from loss due to fire. 

5. Said insurance policy covered the aforementioned property at all times relevant 

herein. 

6. All premiums were paid and current and the above-mentioned policy was in full 

force and effect at all times relevant herein, including October 26, 2014. 

7. On or about October 26, 2014, a fire occurred at the premises located at 1495 17th 

Street, Detroit, Michigan. 

8. As a result of the aforesaid occurrence, the building and contents owned by 

Plaintiff located at 1495 17th Street, Detroit, Michigan, were severely damaged. 

9. Plaintiff timely notified Defendant that she had suffered the losses above set forth. 

10. Plaintiff delivered to Defendant, pursuant to the terms of the policy, proof of the 

amount of her loss. 

11. MCLA §500.2833 provides that an insurance company must make payment or 

otherwise accept or deny liability on a claim within thirty (30) days of receipt of proof of the 

amount of loss. 

12. Defendant has failed to make payment to Plaintiff. 

2 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 5 of 11 Pg ID 8
COUNT I 

BREACH OF CONTRACT 

13. Plaintiff hereby realleges and incorporates by reference the allegations contained 

in paragraphs 1 through 12 of Plaintiffs Common Allegations as though fully set forth herein. 

14. Defendant Allstate Property and Casualty Insurance Company owed Plaintiff the 

duty to act fairly and reasonably in investigating and paying Plaintiff claims, to act in good faith, 

and to timely pay Plaintiffs claims. 

15. Defendant Allstate Property and Casualty Insurance Company, through its agents, 

representatives, employees and investigators, failed to act fairly and reasonably in investigating 

and paying Plaintiffs claims, failed to act in good faith, and failed to timely pay Plaintiffs 

claims. Defendant's wrongful and dilatory conduct includes: 

a. Failing to make payment of Plaintiffs claims within thirty (30) days of receipt of 

proof of the amount of loss as required by MCLA §500.2833; 

b. Failing to make full or partial payment of Plaintiffs claims when they were not 

reasonably in dispute; 

c. Pursuing false defenses to Plaintiffs claims in an attempt to avoid, delay, or 

compromise Plaintiffs claims when Defendant did not have sufficient evidence to 

support the defenses; 

d. Conducting an investigation for the purposes of creating potential defenses to 

paying Plaintiffs claims rather than to fairly and honestly determine its liability to 

Plaintiff; 

e. Asserting defenses to Plaintiffs claims when it knew, or reasonably should have 

known, that said defenses were false. 

f. Abusing its contractual relationship which put Defendant in a position of actual or 

apparent authority over the Plaintiff and gave Defendant the power to affect 

Plaintiffs interest in the insurance proceeds and Plaintiffs damaged property; 

16. Said actions on the part of the Defendant constitute a breach of Plaintiffs 

insurance contract with Defendant. 

3 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 6 of 11 Pg ID 9
17. As a direct and proximate result of Defendant's conduct and said breach of 

contract, Defendant remains indebted to Plaintiff for her insured losses and Plaintiff is entitled to 

recover consequential damages she has sustained that were in the contemplation of the parties 

from the time the contract was made or which the natural and usual consequences of a breach of 

a property insurance contract. 

WHEREFORE, Plaintiff Shea Hicks, prays for Judgment against Defendant Allstate 

Property and Casualty Insurance Company for whatever amount this Honorable Court deems fair 

and just, including consequential damages, as well as interest, costs and actual attorney fees. 

COUNT II 

VIOLATION OF MICHIGAN COMPILED LAWS CHAPTER 20 

18. Plaintiff hereby realleges and incorporates herein by reference paragraphs 1 

through 17 of Plaintiffs Complaint as though fully set forth herein. 

19. MCLA §500.2833 provides that losses shall be paid under the terms of a fire 

insurance policy within thirty (30) days after receipt of proof of amount of loss. 

20. Defendant received proof of the amount of loss. 

21. Section 2006 of the Insurance Code of 1956, as amended, same being MCLA 

§500.2006, provides for the addition of twelve (12%) percent interest on claims when claims are 

not timely paid. 

22. Defendant has been dilatory in making payment. 

23. As a result of the aforesaid failure of Defendant to timely pay Plaintiffs claims, 

Plaintiff is entitled to twelve (12%) percent interest. 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 7 of 11 Pg ID 10
WHEREFORE, Plaintiff Shea Hicks prays for Judgment against Defendant Allstate 

Property and Casualty Insurance Company, granting Plaintiff an additional twelve (12%) percent 

penalty interest against Defendant, as well as statutory interest, costs and attorney fees. 

Dated: June 10, 2015 Respectfully submitted, 

/s/ Jo Robin Davis 

Jo Robin Davis, (P31263) 

Attorney for Plaintiff 

30300 Northwestern Highway, Suite 104 

Farmington Hills, MI 48334 

(248) 932-0100 

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 8 of 11 Pg ID 11
EXHIBIT B

2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 9 of 11 Pg ID 12
2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 10 of 11 Pg ID 13
2:15-cv-12477-BAF-MKM Doc # 1-1 Filed 07/13/15 Pg 11 of 11 Pg ID 14