OGDEN -- "On or about January 4, 2012, a covered loss occurred, and resulted in damage to the Home, an outbuilding, and personal property ..."
That's authentic insurance company jargon in a lawsuit for the Jan. 4 shootout last year that injured six police officers, one fatally, as well as the suspect.
Last week the Ogden Public Safety Building was officially renamed for Jared Francom, the Ogden officer shot to death during the gunfire precipitated by the Weber-Morgan Narcotics Strike Force's serving of a marijuana search warrant on the home of Matthew Stewart.
Ceremonies came on the one-year anniversary of the shooting for which Stewart faces the death penalty.
Stewart is suing his homeowner's insurance company for paying only $3,300 against the $8,400 damage to his bullet-riddled home.
Stewart was shot multiple times in the exchange with officers over his suspected marijuana grow in his basement. He remains in Weber County Jail with occasional hospital trips for his injuries and no trial date in sight. A status conference is set for Feb. 13 in 2nd District Court with the defense expected to begin a round of constitutional challenges to the death penalty.
Emily Swenson, one of Stewart's pro bono attorneys, said the family hopes to have the house released by prosecutors soon and would like it to be able to generate income that could be used for Stewart's defense costs.
But first that means making it habitable; therefore the lawsuit against Farmers Insurance, which has paid only a portion of its own $8,411.50 damage estimate for the home.
More beyond that figure would be needed for biohazard cleanup, essentially blood, according to the suit, which Farmers claims is not covered in Stewart's policy.
"As indicated, there is coverage for damage to the structure of the home due to bullet holes and forced entry by the police," reads a letter from the insurance company included in the suit. "Unfortunately the cleanup of biohazard materials are excluded under the policy.
"For that reason, the policy is unable to pay for any damage by or any cleanup of any biohazard materials. Also, damage to personal property by bullets or projectiles is not a named peril under the policy."
Even though a check was paid, then returned by Swenson, the company is claiming it has no liability in the case because of alleged intentional acts by Stewart, according to the suit. Presumption of innocence does not play into insurance company claims policy, Swenson said.
She said the company in effect is arguing the shooting took place as a reason for the claim.
"To what, get new carpet? It's ridiculous," she said.
The suit was filed on Jan. 4, a date Swenson said was not intentional, but necessitated by the filing deadline for the lawsuit.
Plus, there were delays in filing the suit electronically under the new system in 2nd District Court.
Stewart's home is currently sealed and held as evidence, although prosecutors last year dropped efforts to seize it as the result of alleged drug proceeds.
Swenson said the mortgage holder has been reasonable to work with so far and the building not in foreclosure, although payments have slowed with Stewart in jail.