CALIFORNIA DEPARTMENT OF INSURANCE

CONSUMER SERVICES DIVISION

300 SOUTH SPRING STREET, SOUTH TOWER

LOS ANGELES, CA 90013

REQUEST FOR ASSISTANCE

 

Steve & Michele Kubby

(home address deleted from public document)

Laguna Beach, Ca 92651

(phone number deleted from public document)

==========================================================================

1. Complete name of insurance company involved:

State Farm Insurance_________________________________________

2. Type of Insurance: _Renter’s Insurance_________

3. (a) Name of policyholder if different from your name:

__________________________________________________________________________

(b) If a group policy, provide the group name:

__________________________________________________________________________

4. Policy identification or certificate number:

______________________________

5. Claim number (if applicable) _____________05-A683-370__________

6. Date loss occurred or began (if applicable) ______1/19/99___________________

7. Agent/broker (if applicable) _______________________________________

8. Have you contacted the company, agent or broker? Yes No

EDWARD B. RUST. JR. , STATE FARM CEO, and SCOTT K. WIDDER, CPCU, CLU_____________

(Provide copies of all correspondence) --Enclosed

9. Have you reported this to any other governmental agency? Yes No

If yes, please give:

(1) Name of agency:

___________________State Farm Insurance_______________________

(2) File number, if known: __________________________________________

10. Have you previously written to the Department of Insurance about this

matter?

Yes No File number (if available) ______________ Date______________

11. Is there attorney representation in this matter? Yes No

If yes, do not file this Request for Assistance until this

matter has been settled.

12. Is a lawsuit currently on-going or pending? Yes No

If yes, then do not file this Request for Assistance until the

lawsuit is concluded or settled. We can assist you only after

the court action is concluded or settled.

13. Briefly, describe your problem (use additional paper if needed):

I am a legal medical marijuana patient who can provide medical documentation that I have a life and death necessity for medical marijuana. This has been documented by the University of Southern California Medical Center.

I also meet the standards of a recent decision by the 9th Circuit Court of Appeals, which found that patients who have exhausted all other medical remedies should be legally immune from marijuana laws, including federal laws. Medical marijuana is now the law under the Compassionate Use Act of 1996.

I have made a claim with State Farm for the medical marijuana that was stolen from me and destroyed, but State Farms refuses to pay because police were the ones who destroyed my legal medicine.

I can provide expert testimony that the medical marijuana taken from me has been definitely destroyed. I can also provide numerous editorials by major newspapers calling the raid against us illegal and immoral.

As you know, it is illegal for any insurer to discriminate in its claims settlement practices based on physical disability. The Social Security Administration recognizes me as legally disabled and medical marijuana is the only medicine I use. State Farm’s denial of my claim illegally discriminates against me as a medical marijuana patient and is illegal.

Moreover, my medical rights, under Section 11362.5 H&S Code are being violated. The Compassionate Use Act is State law, has never been challenged in court and must be upheld by your office. To fail to obey this new law is itself a crime.

I hereby invoke the California Constitution and respectfully request that you uphold my medical rights as set forth in Article III, Section 3.5:

"An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: ... (c) to declare a statute unenforceable, or to refuse to enforce a statute, on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such a statute is prohibited by federal law or federal regulations." (emphasis added)

14. What do you consider to be a fair resolution to your problem?

Re-imbursement for destroyed medical supplies.

 

s/Steve Kubby 11/16/99

 

Thank you, and don't forget to attach all pertinent documents.