EXHIBIT A

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 1 of 18
1 

2 

3 

4 

5 

6 

7 

8 

9 

to co N 

~~ 10 J ~ o•> 

J ~ ~ 

a :~ 

c~N 11 

o ~a 

~ 

y 12 ~ U " 

V ~ U 

=o`

D 

13 

N 

~ 

~ 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

Thomas C. Horne SBA# 002951 

HORNE SLATON, PLLC 

6720 North Scottsdale Road, Suite 285 

Scottsdale, AZ 85253 

Tel: (480) 483-2178 

Fax: (480) 367-0691 

horneghorneslaton.com 

Attorney for Plaintiff 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

EDWARD BRUCE BRIMACOMBE, cV: Zo / -1 - D (5C l Zd 

Plaintiff, 

I SUMMONS 

vs. 

USAA INSURANCE AGENCY, INC. 

OF TEXAS (FN), 

Defendants. 

TO THE ABOVE NAMED DEFENDANTS: 

USAA INSURANCE AGENCY, INC. OF TEXAS (FN), 

~ 2338 W. ROYAL PALM RD., SUITE J 

PHOENIX, ARIZONA 85021 

YOU ARE HEREBY SUMMONED and required to appear and defend, within 

the time applicable, in this action in this Court. If served within Arizona, you shall 

appear and defend within twenty (20) days after the service of the Summons and 

Complaint upon you, exclusive of the day of service. If served out of the State of 

Arizona--whether by direct service, by registered or certified mail, or by publication-- 

1 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 2 of 18
1 

2 

3 

4 

5 

6 

7 

8 

9 

LO co N 

~ 2 10 J •S a~ 

J ~ ~ 

c. : ~ 

c r~v 11 

o a 

R ~ ~ 

y

cn ~ 12 s N U ~ 

` (n O 

=o` ~ 13 

N 

~ 

co 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

you shall appear and defend within thirty (30) days after the service of the Summons 

I and Complaint upon you is complete, exclusive of the day of service. Where process is 

served upon the Arizona Director of Insurance as an insurer's attorney to receive service 

of legal process against it in this state, the insurer shall not be required to appear, answer 

or plead until expiration of forty (40) days after date of such service upon the Director. 

Sei-vice by registered or certified mail without the State of Arizona is complete thirty 

(30) days after the date of filing the receipt and affidavit of service with the Court. 

Service by publication is complete thirty (30) days after the date of first publication. 

Direct service is complete when made. Service upon the Arizona Motor Vehicle 

Superintendent is complete thirty (30) days after filing the Affidavit of Compliance and 

return receipt or Officer's Return. Rule 4 Ariz.R.Civ.P. A.R.S. §§ 20-222, 28-502, 28-

503. 

YOU ARE HEREBY NOTIFIED that in case of your failure to appear and 

defend within the time applicable, judgment by default may be rendered against you for 

the relief demanded in the Complaint. 

YOU ARE CAUTIONED that in order to appear and defend, you must file an 

I Answer or proper response in writing with the Clerk of this Court, accompanied by the 

necessary filing fee, within the time required, and you are to serve a copy y Answer 

or response upon the Plaintiffs' attorney. Rule 10(d) Ariz.R. S. 12-31~1~~~ 

C06 

Rule 5 Ariz.R.Civ.P. 

2 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 3 of 18
/ . e "~.~• 

{J 

1 

2 

3 

4 

5 

6 

7 

8 

9 

In co 

N 

0.2 10 J ~ m 

J a :N V) 

~~N 11 

o a)Q 

R ~ 

N'~ 12 

~ ~ 

i (n O 

oz~ 13 20 N 

~ CD 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

The name and address of Plaintiffs' attorney is: 

Thomas C. Horne, Esq. 

HORNE SLATON, PLLC 

6720 N. Scottsdale Rd., Suite 285 

Scottsdale, AZ 85253 

REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS 

WITH DISABILITIES MUST BE MADE TO THE COURT BY PARTIES AT 

LEAST THREE (3) WORKING DAYS IN ADVANCE OF A SCHEDULED 

COURT PROCEEDING. 

SIGNED AND SEALED THIS DATE: 

DEPUTY CLERK 

3 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 4 of 18
I , 

1 

00, 

1 Thomas C. Horne, Bar No. 002951 

HORNE SLATON, PLLC 

2 6720 North Scottsdale Road, Suite 285 

Scottsdale, AZ 85253 ~S1V ~`cwAE ~ ~ XS~F~.S , CLERK 

3 Tel: (480) 483-2178 

Fax: (480) 367-0691 

4 horne@horneslaton.com 

Attorney for Plaintiffs 

5 

6 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

7 IN AND FOR THE COUNTY OF MARICOPA 

g EDWARD BRUCE BRIMACOMBE; ) Case No.: 

) 

9 Plaintiff, ~ 

10 > CV201 7-O5% i 20 

v ) COMPLAINT 

11 ) 

USAA INSURANCE AGENCY, INC. ) (Breach of Contract, Insurance Bad 

12 OF TEXAS (FN), ) Faith) 

' ) 

13 Defendant. ~ 

14 

4 For his Complaint, Plaintiff alleges: 

15 

16 

1. Plaintiff is a resident of Maricopa County Arizona, and defendant does business in 

17 Maricopa County Arizona. Jurisdiction and venue are proper in Maricopa County 

18 Arizona. 

19 2. The parties entered into an insurance contract, under which plaintiff paid 

20 

premiums, and defendant provided insurance coverage, among other things, for policy 

21 

limits of $500,000 for underinsured coverage. 

22 

23 3. On March 22, 2016, plaintiff was proceeding eastbound at the intersection of 

24 Broadway Road and Price road in Tempe; Arizona. Plaintiff was proceeding through a 

25 green traffic signal. A driver named Reina Silvia Ramirez ran a red light at 40 mph, and 

1 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 5 of 18
1 

crashed into the side of plaintiff's car at 40 miles per hour. A crash at 40 mph into the 

2 side of a car is an extremely serious collision. 

3 4. Plaintiff suffered broken ribs, a torn meniscus, torn rotator cuff, and 

4 required surgery. As a result of the accident his lungs adhered to his ribs which had the 

5 

effect of his right lung collapsing. He had surgery to remove the adhesion and patch it 

6 

off. He spent ten days in the intensive care unit at Banner Desert Medical Center. For 4 

7 

8 

months, from March 2016 to July 2016, Plaintiff, was on opiates to survive this 

9 catastrophic crash. 

10 5. Plaintiff incurred medical bills of $113,342.91. 

11 6. Plaintiff suffered economic loss as follows: Plaintiff owns 97% of a company that 

12 

provides charging stations for electric vehicles. His main responsibility has been to raise 

13 

14 

capital for that company. From March 2015 to March 2016, he raised $1.1 million. (He 

15 had also invested $1 million of his own). For the 4 months that he was recuperating, he 

16 was not able to raise anything, which is a loss of $1/3 million dollars. 

17 In addition, during the time he was out of commission, there was a clean cities 

18 

grant for electric charging stations. Three of Plaintiff's competitors applied, and they 

19 

each received 1/3 of the grant of $8 million. Had Plaintiff been able to apply, then each 

20 

21 

of the 4 applicants would have receive 25%. This is a loss of $2 million to him. 

22 In addition, there was a$50 million grant for event cities that he was unable to 

23 I apply for. 

24 7. Plaintiff suffered additional out-of-pocket expenses as follows: 

25 

Replacement of Tesla $72,000.00 

2 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 6 of 18
Healthcare Worker to take care of Mr. 

Brimacombe at home Kate Jones $3,800.00 

Transportation costs for wife, who is temporarily 

living in Charlottesville to come back to Phoenix 

to take care of Bruce - C Brimacombe $2,497.00 

US Stem Cell $25,295.00 

Expected US Stem $24,000.00 

Loans finance charge $18,000.00 

Passenger aid $2,400.00 

Rehab needs expected $24,500.00 

8. In addition, plaintiff suffered substantial additional damages for pain and suffering 

and loss of quality of life. 

9. Ramirez was underinsured, in that Ramirez's insurance was only $50,000. 

Plaintiff settled with Ramirez for the $50,000 policy limits, and then presented his claim 

to defendant insurance company for Plaintiff's $500,000 underinsured policy. A copy of 

the demand letter, dated September 25, 2017, for policy limits of $500,000 is attached as 

Exhibit A and incorporated by reference in this Complaint. 

10. Defendant insurance company requested additional substantiation of the economic 

loss. This was provided on November 21, 2017. A copy of that letter and its attachments 

is attached as Exhibit B and incorporated by reference in this Complaint. Additional 

substantiation was supplied, including a letter from Colleen Crowninshield, clean cities 

coordinator for the US Department of Energy in the State of Arizona. A request for their 

final and best offer was requested within the next 10 days, with a deadline of December 

I 2, 2017. 

11. No response was received by December 2, and undersigned counsel telephoned 

II the defendant insurance company assigned adjuster, Ms. Darcy L Harrison. That phone 

, 

1 

2 

3 

4 

5 

6 

7 

s 

9 

lo 

11 

12 

13 

14 

15 

16 

17 

ls 

19 

20 

21 

22 

23 

24 

25 

3 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 7 of 18
1 

call was ignored. There was no return email or phone call as of the date of this 

2 Complaint. 

3 12. On December 5, an additional email was sent, which is attached as exhibit D and 

4 incorporated by reference in this complaint. That email noted that phone call had not 

5 

been returned. There had been no email, and Plaintiff's numerous phone calls and emails 

6 

had been completely ignored by the insurance company. The deadline was extended 

7 

s 

again, unilaterally, to December 6 for the Plaintiff to hear something from the Defendant 

9 insurance company. 

lo 13. The Defendant insurance company, continued to be completely silent through the 

11 unilaterally extended deadline, December 6. As of that date there were no phone calls or 

12 

emails in response to plaintiff's numerous communications, other than the request for 

13 

documentation, which was given. 

14 

15 14. Plaintiff always paid his premiums to the Defendant insurance company, and 

16 Defendant insurance company accepted those premiums. In return, Defendant insurance 

17 company owed a duty to plaintiff to pay the $500,000 underinsured motorist coverage, 

ls and to treat plaintiff with good faith and fair dealing, which it did not do. 

19 

15. Defendants actions described above constitute a breach of contract with plaintiff. 

20 

21 

In addition, defendant is liable for the tort of bad faith. Because of that bad faith, the 

22 policy limits are no longer applicable, and plaintiff is entitled to recover his full damages, 

23 in excess of the $50,000 received from Ramirez, in this case. 

24 16. In addition, the actions of defendant insurance company are sufficiently willful, 

25 

I deliberate, and egregious, that plaintiff is entitled to recover punitive damages in an 

4 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 8 of 18
amount sufficient to discourage similar conduct in the future by defendant or others 

similarly situated. 

17. This action arises out of contract, and Plaintiff is entitled to recover reasonable 

attorney's fees, pursuant to A.R.S. section 12 — 341.01. 

Therefore, plaintiff prays for damages against defendant for the special damages 

itemized above, for pain and suffering, loss of quality of life, and other general damages, 

for punitive damages in an amount sufficient to discourage similar conduct in the future 

by defendant and others similarly situated, for reasonable attorneys fees pursuant to 

A.R.S. § 12 — 341.01, for costs incurred, and for such other and further relief as the Court 

deems proper. 

DATED this 81h day of December, 2017. 

~ 

Thomas C. Horne, Esq. 

Attorney for Plaintiffs 

BY: /s/kme 

5 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 9 of 18
Thomas C. Horne, #02951 

HORNE SLATON, PLLC 

6720 North Scottsdale Road, Suite 285 

Scottsdale, AZ 85253 

Tel: (480) 483-2178 

Fax: (480) 367-0691 

horneLcv. hocneslaton.com 

AttoYney for Plaintiff 

t'opl 

~ 

pE~ _ g 2p11 

1l0 N 

Si~foot7-~v . 

s. Cl-ERK 

IN THE SUPERIOR COURT FOR THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

EDWARD BRUCE BRIMACOMBE, 

Plaintiff, 

vs. 

CV: CV201 7-'U50 1 10 

CERTIFICATE OF COMPULSORY 

ARBITRATION 

USAA INSURANCE AGENCY, INC. OF 

TEXAS (FN), 

Defendant. 

Plaintiff, EDWARD BRUCE BRIMACOMBE, by and through 

undersigned counsel, certifies that the amount in controversy exceeds the 

limits in Maricopa County for compulsory arbitration. Therefore, this 

matter is not subject to compulsory arbitration. 

RESPECTFULLY SUBMITTED this 8" day of December, 2017. 

-1- 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 10 of 18
~ F , 

HORNE SLATON, P.C. 

By. 

Thomas C. Horne 

Attorney for Plaintiff 

ORIGINAL of the foregoing filed 

this 8" day of December, 2017, with: 

Clerk of Court 

Maricopa County Superior Court 

By: is/: 

-~- 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 11 of 18
Notice of Service of Process

SOP / ALL

Transmittal Number: 17511376

Date Processed: 12/12/2017

Primary Contact: Ruby Esquivel

United Services Automobile Association

9800 Fredericksburg Rd.

Attn: Ruby Esquivel

San Antonio, TX 78288-0002

Electronic copy provided to: Sandra Adams

 Danielle Lopez

 Jenna Meurer

 Debra Brake

 Carmen Solis

Entity: USAA Insurance Agency, Inc. of Texas (FN)

Entity ID Number 3692530

Entity Served: USAA Insurance Agency, Inc. of Texas (FN)

Title of Action: Edward Bruce Brimacombe vs. USAA Insurance Agency, Inc. of Texas (FN)

Document(s) Type: Summons/Complaint

Nature of Action: Contract

Court/Agency: Maricopa County Superior Court, Arizona

Case/Reference No: CV2017-056120

Jurisdiction Served: Arizona

Date Served on CSC: 12/11/2017

Answer or Appearance Due: 20 Days

Originally Served On: CSC

How Served: Personal Service

Sender Information: Thomas C. Horne

480-483-2178

Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not

constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.

To avoid potential delay, please do not send your response to CSC

251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 12 of 18
1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Thomas C. Horne, Bar No. 002951

HORNE SLATON, PLLC

6720 North Scottsdale Road, Suite 285

Scottsdale, AZ 85253

Tel: (480) 483-2178

Fax: (480) 367-0691

horne@horneslaton.com

Attorney for Plaintiffs

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

EDWARD BRUCE BRIMACOMBE, 

 Plaintiff,

v

USAA CASUALTY INSURANCE 

COMPANY, 

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

)

 Case No.: CV2017-056120

 

FIRST AMENDED COMPLAINT

(Breach of Contract, Insurance Bad 

Faith)

For his Complaint, Plaintiff alleges:

1. Plaintiff is a resident of Maricopa County Arizona, and defendant does business in 

Maricopa County Arizona. Jurisdiction and venue are proper in Maricopa County 

Arizona.

2. The parties entered into an insurance contract, under which plaintiff paid 

premiums, and defendant provided insurance coverage, among other things, for policy 

limits of $500,000 for underinsured coverage.

3. On March 22, 2016, plaintiff was proceeding eastbound at the intersection of 

Broadway Road and Price road in Tempe, Arizona. Plaintiff was proceeding through a 

green traffic signal. A driver named Reina Silvia Ramirez ran a red light at 40 mph, and 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 13 of 18
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

crashed into the side of plaintiff’s car at 40 miles per hour. A crash at 40 mph into the 

side of a car is an extremely serious collision.

4. Plaintiff suffered broken ribs, a torn meniscus, torn rotator cuff, and 

required surgery. As a result of the accident his lungs adhered to his ribs which had the 

effect of his right lung collapsing. He had surgery to remove the adhesion and patch it 

off. He spent ten days in the intensive care unit at Banner Desert Medical Center. For 4 

months, from March 2016 to July 2016, Plaintiff, was on opiates to survive this 

catastrophic crash.

5. Plaintiff incurred medical bills of $113,342.91.

6. Plaintiff suffered economic loss as follows: Plaintiff owns 97% of a company that 

provides charging stations for electric vehicles. His main responsibility has been to raise 

capital for that company. From March 2015 to March 2016, he raised $1.1 million. (He 

had also invested $1 million of his own). For the 4 months that he was recuperating, he 

was not able to raise anything, which is a loss of $1/3 million dollars. 

In addition, during the time he was out of commission, there was a clean cities 

grant for electric charging stations. Three of Plaintiff’s competitors applied, and they 

each received 1/3 of the grant of $8 million. Had Plaintiff been able to apply, then each 

of the 4 applicants would have receive 25%. This is a loss of $2 million to him.

In addition, there was a $50 million grant for event cities that he was unable to 

apply for. 

7. Plaintiff suffered additional out-of-pocket expenses as follows:

Replacement of Tesla $72,000.00

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 14 of 18
3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Healthcare Worker to take care of Mr. 

Brimacombe at home Kate Jones $3,800.00

Transportation costs for wife, who is temporarily

living in Charlottesville to come back to Phoenix

to take care of Bruce - C Brimacombe $2,497.00

US Stem Cell $25,295.00

Expected US Stem $24,000.00

Loans finance charge $18,000.00

Passenger aid $2,400.00

Rehab needs expected $24,500.00

8. In addition, plaintiff suffered substantial additional damages for pain and suffering 

and loss of quality of life.

9. Ramirez was underinsured, in that Ramirez’s insurance was only $50,000. 

Plaintiff settled with Ramirez for the $50,000 policy limits, and then presented his claim 

to defendant insurance company for Plaintiff’s $500,000 underinsured policy. A copy of 

the demand letter, dated September 25, 2017, for policy limits of $500,000 is attached as 

Exhibit A and incorporated by reference in this Complaint.

10.Defendant insurance company requested additional substantiation of the economic 

loss. This was provided on November 21, 2017. A copy of that letter and its attachments 

is attached as Exhibit B and incorporated by reference in this Complaint. Additional 

substantiation was supplied, including a letter from Colleen Crowninshield, clean cities 

coordinator for the US Department of Energy in the State of Arizona. A request for their 

final and best offer was requested within the next 10 days, with a deadline of December 

2, 2017.

11.No response was received by December 2, and undersigned counsel telephoned 

the defendant insurance company assigned adjuster, Ms. Darcy L Harrison. That phone 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 15 of 18
4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

call was ignored. There was no return email or phone call as of the date of this 

Complaint.

12.On December 5, an additional email was sent, which is attached as exhibit D and 

incorporated by reference in this complaint. That email noted that phone call had not 

been returned. There had been no email, and Plaintiff’s numerous phone calls and emails

had been completely ignored by the insurance company. The deadline was extended 

again, unilaterally, to December 6 for the Plaintiff to hear something from the Defendant 

insurance company.

13.The Defendant insurance company, continued to be completely silent through the 

unilaterally extended deadline, December 6. As of that date there were no phone calls or 

emails in response to plaintiff’s numerous communications, other than the request for 

documentation, which was given.

14.Plaintiff always paid his premiums to the Defendant insurance company, and 

Defendant insurance company accepted those premiums. In return, Defendant insurance 

company owed a duty to plaintiff to pay the $500,000 underinsured motorist coverage, 

and to treat plaintiff with good faith and fair dealing, which it did not do.

15.Defendants actions described above constitute a breach of contract with plaintiff. 

In addition, defendant is liable for the tort of bad faith. Because of that bad faith, the 

policy limits are no longer applicable, and plaintiff is entitled to recover his full damages, 

in excess of the $50,000 received from Ramirez, in this case.

16.In addition, the actions of defendant insurance company are sufficiently willful, 

deliberate, and egregious, that plaintiff is entitled to recover punitive damages in an 

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 16 of 18
5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

amount sufficient to discourage similar conduct in the future by defendant or others 

similarly situated.

17.This action arises out of contract, and Plaintiff is entitled to recover reasonable 

attorney’s fees, pursuant to A.R.S. section 12 – 341.01.

Therefore, plaintiff prays for damages against defendant for the special damages 

itemized above, for pain and suffering, loss of quality of life, and other general damages, 

for punitive damages in an amount sufficient to discourage similar conduct in the future 

by defendant and others similarly situated, for reasonable attorneys fees pursuant to 

A.R.S. § 12 – 341.01, for costs incurred, and for such other and further relief as the Court 

deems proper.

DATED this 20th day of December, 2017.

___________________

Thomas C. Horne, Esq.

Attorney for Plaintiff

BY: /s/kme

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 17 of 18
1 Thomas C. Home, Bar No. 002951

Kristin Roebuck Bethell, Bar No. 031000

HORNE SLATON, PLLC

6720 N. Scottsdale Rd., Suite 285

Scottsdale, Arizona 85253

Tel. 480-483-2178

Fax. 480-367-0691

home@homeslaton.com

roebuck@horneslaton.com

Attorneysfor Plaintiff, Edward Bruce Brimacombe

2

3

4

5

6

7 IN THE SUPERIOR COURT FOR THE STATE OF ARIZONA

8 IN AND FOR THE COUNTY OF MARICOPA

9 EDWARD BRUCE Case No. CV2017-056120

BRIMACOMBE,

o• LO

__I oo

H CNI —1 s

•> . uo

10

2 5”

< g TM

CO 8

Plaintiff, 11

ACCEPTANCE OF SERVICE

V 12 c/3 ai Z CO

Z 5

at f:; USAA CASUALTY (Assigned to The Honorable Jennifer Green) INSURANCE

COMPANY,

O ^ 13 X

14

Defendant.

15

16 The undersigned, Nate Meyer, attorney for Defendant, is authorized to accept

service, and does accept service ofPlaintiffs First Amended Complaint.

The effect ofthis acceptance shall be the same as if Defendant, was personally

served with process and on this date this Acceptance is executed.

17

18

19

20

21

1^

22 Nate Meyer

23

24

1

Case 2:18-cv-00102-DJH Document 1-1 Filed 01/11/18 Page 18 of 18