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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

    www.frauddocumentation.com     www.frauddemonstration.com    www.frauddevelopment.com  

Contact us by e-mail for more details on this particular project.

E-Mail fraud@phdservice.com

Correspondence contained herein is considered a reasonable copy of the original.  During formatting some content may have been electronically altered.  In some cases names have been masked or modified to assist in connecting or protecting those involved. In several instances the disclaimer at the bottom of emails shared thru the underwriter's messaging system were removed in web formatting. It will likely be found that the use of disclaimers in their email footers is an attempt to conceal material data, and to use this as a tactic to intimidate victims. (Thus another pattern of fraud emerges.)

 

---------- Forwarded message ----------
From: www.tedwhidden.com>

<The Desk of Ted Whidden>
Date: Sun, Oct 10, 2010 at 7:53 PM
Subject: Re: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado

Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: Keisha Pusey <KeishaPusey@aequicap.com><Rori Strickland@aequicap.com >, Florida Department of Financial Services <ServicePoint@fldfs.com>, Michael Lee <info@twrgrp.com>, Insurance Commissioner <InsuranceCommissioner@floir.com>, dbrill@windstream.net
Cc: John Pecoraro <John_Pecoraro@aequicap.com>, Marlen Ruiz <Olivadelivery@hotmail.com>


For your information I enclose the following.  Consider yourselves
placed on notice:

Mr. Pecoraro, Mr. Lee, you may wish to make your personnel aware of
this, afterall it is the law, you have been advised, you should have
been aware, and it is your duty to properly inform your personnel.


Florida Statutes
69B-220.201. Ethical Requirements.

   (1) Definitions. The following definitions shall apply for
purposes of this rule:

   (a) “Adjuster,“ when used without further specification, includes
all types and classes of insurance adjusters, (company, independent,
and public), subject to Chapter 626, Florida Statutes, regardless of
whether resident or nonresident, and whether permanent, temporary, or
emergency licensees.

   (b) “Client“ includes both clients and potential clients; and
means any person who consults with or hires an adjuster to provide
adjusting services.

   (c) “Department“ means the Florida Department of Financial Services.

   (d) “Person“ includes natural persons and legal entities.

   (2) Violation.

   (a) Violation of any provision of this rule shall constitute
grounds for administrative action against the licensee.

   (b) A breach of any provision of this rule constitutes an unfair
claims settlement practice.

   (3) Code of Ethics. The work of adjusting insurance claims engages
the public trust. An adjuster shall put the duty for fair and honest
treatment of the claimant above the adjuster's own interests in every
instance. The following are standards of conduct that define ethical
behavior, and shall constitute a code of ethics that shall be binding
on all adjusters:

   (a) An adjuster shall: not directly or indirectly refer or steer
any claimant needing repairs or other services in connection with a
loss to any person with whom the adjuster has an undisclosed financial
interest, or who will or is reasonably anticipated to provide the
adjuster any direct or indirect compensation for the referral or for
any resulting business.

   (b) An adjuster shall treat all claimants equally.

   1. An adjuster shall not provide favored treatment to any claimant.

   2. An adjuster shall adjust all claims strictly in accordance with
the insurance contract.

   (c) An adjuster shall not approach investigations, adjustments,
and settlements in a manner prejudicial to the in-sured.

   (d) An adjuster shall make truthful and unbiased reports of the
facts after making a complete investigation.

   (e) An adjuster shall handle every adjustment and settlement with
honesty and integrity, and allow a fair adjustment or settlement to
all parties without any remuneration to himself except that to which
he is legally entitled.

   (f) An adjuster, upon undertaking the handling of a claim, shall
act with dispatch and due diligence in achieving a proper disposition
of the claim.

   (g) An adjuster shall promptly report to the Department any
conduct by any licensed insurance representative of this state which
violates any provision of the Insurance Code or Department rule or
order.

   (h) An adjuster shall exercise extraordinary care when dealing
with elderly clients to assure that they are not disadvantaged in
their claims transactions by failing memory or impaired cognitive
processes.

   (i) An adjuster shall not negotiate or effect settlement directly
or indirectly with any third-party claimant repre-sented by an
attorney, if the adjuster has knowledge of such representation, except
with the consent of the attorney. For purposes of this subsection, the
term “third-party claimant“ does not include the insured or the
insured's resident relatives.

   (j) An adjuster is permitted to interview any witness, or
prospective witness, without the consent of opposing counsel or party.
In doing so, however, the adjuster shall scrupulously avoid any
suggestion calculated to induce a witness to suppress or deviate from
the truth, or in any degree affect the witness's appearance or
testimony during deposition or at the trial. If any witness making or
giving a signed or recorded statement so requests, the witness shall
be given a copy of the statement.

   (k) An adjuster shall not advise a claimant to refrain from
seeking legal advice, nor advise against the retention of counsel to
protect the claimant's interest.

   (l) An adjuster shall not attempt to negotiate with or obtain any
statement from a claimant or witness at a time that the claimant or
witness is, or would reasonably be expected to be, in shock or serious
mental or emotional distress as a result of physical, mental, or
emotional trauma associated with a loss. The adjuster shall not
conclude a set-tlement when the settlement would be disadvantageous
to, or to the detriment of, a claimant who is in the traumatic or
distressed state described above.

   (m) An adjuster shall not knowingly fail to advise a claimant of
the claimant's claim rights in accordance with the terms and
conditions of the contract and of the applicable laws of this state.
An adjuster shall exercise care not to engage in the unlicensed
practice of law as prescribed by the Florida Bar.

   (n) A company or independent adjuster shall not draft special
releases called for by the unusual circumstances of any settlement or
otherwise draft any form of release, unless advance written approval
by the insurer can be demonstrated to the Department. Except as
provided above, a company or independent adjuster is permitted only to
fill in the blanks in a release form approved by the insurer they
represent.

   (o) An adjuster shall not undertake the adjustment of any claim
concerning which the adjuster is not currently competent and
knowledgeable as to the terms and conditions of the insurance
coverage, or which otherwise exceeds the adjuster's current expertise.

   (p) No person shall, as a public adjuster, represent any person or
entity whose claim the adjuster has previously adjusted while acting
as an adjuster representing any insurer or independent adjusting firm.
No person shall, as a company or independent adjuster, represent him
or herself or any insurer or independent adjusting firm against any
person or entity that the adjuster previously represented as a public
adjuster.

   (q) A public adjuster shall not represent or imply to any client
or potential client that insurers, company adjusters, or independent
adjusters routinely attempt to, or do in fact, deprive claimants of
their full rights under an insurance policy. No insurer, independent
adjuster, or company adjuster shall represent or imply to any claimant
that public adjusters are unscrupulous, or that engaging a public
adjuster will delay or have other adverse effect upon the settlement
of a claim.

   (r) No public adjuster, while so licensed in the Department's
records, may represent or act as a company adjuster, independent
adjuster, or general lines agent.

   (s) A company adjuster, independent adjuster, attorney,
investigator, or other person acting on behalf of an insurer that
needs access to an insured or claimant or to the insured property that
is the subject of a claim shall provide at least 48 hours notice to
the insured or claimant prior to scheduling a meeting with the
claimant or an on-site inspection of the insured property. The insured
or claimant may deny access to the property if this notice has not
been provided.

 

 

Supreme Court ruled unanimously written by Judge William Rehnquist concerning Hustler Magazine v Jerry Falwell

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2011, All rights reserved by Ted Whidden