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At USF&G's request, Mrs. Oliver and her secretary prepared
and submitted to USF&G a Personal Property Inventory Booklet
listing items of personal property which petitioners claimed were
damaged by the rain water. The booklet lists the replacement
cost and the cost to repair the damaged personal property as
$107,330.60. Petitioners received invoices in 1987 and 1988
which show the original cost of some of their furniture was
$10,754.19. In June and July 1988, a dry cleaning service issued
invoices to petitioners totaling $3,529.85 for cleaning some of
their personal property.
In May 1988, petitioners obtained an estimate from John
Bernardi, an employee at a local lumber company, of the claimed
damage to their home and provided it to USF&G. The estimate
totals $34,998. In February 1993, petitioners obtained an
estimate from Kenny Hester, a local builder, of the claimed
damage to their home, which agrees with John Bernardi's estimate
of the cost of materials, but adds between $4,000 to $5,000 for
labor. In August 1988, petitioners submitted a proof of loss
statement to USF&G claiming damage totaling $142,728.94.
USF&G refused to pay the amount claimed by petitioners on
the proof of loss statement. Fidelity and Guaranty Insurance
Underwriters, Inc. (FGIU), an affiliate of USF&G, filed a
complaint for declaratory judgment against petitioners, seeking
an adjudication that the claimed personal property damage was not
covered by the homeowners' insurance policy due to a breach of
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