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'Ted' Theodore Lewis Whidden
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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: John Pecoraro
Date: Fri, Oct 8, 2010 at 3:57 PM
Subject: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado
Yera & Oliva
Delivery Service, Inc. d/l 08/29/10
To: The Desk of Ted Whidden
Mr. Whidden, I have your letters
dated September 19 and October 1, 2010 written to Tower Group and
AequiCap Claim Services. Pursuant to your request, I am emailing you
our response to your most recent correspondence.
According to my review of the claim
file, you were correctly informed early on by both AequiCap Claim
Representatives that there is a coverage issue involved in this
claim. The coverage issue has to do with the Truck driven by Mr.
Yera not being listed on the policy. As a result, we commenced our
investigation, and are continuing to handle this claim under a
reservation of rights as to the Truckers liability policy. During
the course of our investigation, we determined this Truck was on
an interstate commerce trip hauling goods under Oliva Delivery
Services Motor Carrier Authority. There is an MCS-90 endorsement
separately attached to the Truckers policy, and as such, this
endorsement will afford coverage for this interstate commerce trip.
A Coverage Disclosure Affidavit and copy of the policy was sent to
your former legal representative, Mr. Coy Browning.
As you know, we had an appraiser assess
the damage to the 1993 Chevy Blazer, 16' trailer, and 1986 Porsche
that was on the trailer at the time of this crash. We also retained
Mr. David Brill, who is a certified accident reconstructionist, and
with your permission he inspected both vehicles and the trailer. We
took a statement from the Truck driver and obtained your version of
the accident as well. As you know, there were no known
disinterested witnesses to this accident, and the FHP officer that
handled this accident neither observed the trailer lights being on
when he arrived at the scene, nor did he test whether they were
working. And according to Mr. Brill's inspection, the dimensions of
the Porsche blocked the view of the Blazer's taillights.
Based on the results of our
investigation, it is our position this trailer was not illuminated
or visible while being operated on this dark, unlighted section of
I-10, and that this lack of illumination was the cause of this
accident. As a result, we are herewith denying liability for this
claim. Finally, according to the police report, you are not listed
as the owner of the Chevy Blazer or trailer that was damaged in this
accident. However, since you have possession of the Blazer and
trailer, and you advised us Mr. Browning is not representing you or
your brother, this denial applies to all claims, including your
brother's bodily injury claim and property damage claim for the
damage to his 1986 Porsche.
Mr. Whidden, if you feel compelled to
respond to this email, I respectfully ask that you please direct all
correspondence exclusively to my attention and also refrain
from making defamatory comments.
Vice President, Claims
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
"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