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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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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: www.tedwhidden.com>

<The Desk of Ted Whidden>
Date: Fri, Oct 8, 2010 at 6:37 PM
Subject: Fwd: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado

Yera & Oliva

Delivery Service, Inc. d/l 08/29/10
To: <KeishaPusey@aequicap.com>, RoriStrickland@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>


In an effort to make sure that everyone's personal legal files are
intact, I copy you on John Pecoraro's letter to me this evening.
There are a number of errors in the letter, misrepresentation of
facts, and other such issues.  Mr. Pecoraro is said to hold a
CPCU/SCLA endorsement and is head of claims for Aequicap at the time
of his sending this email.  By copy of this and other correspondence
under separate cover to the state we ask them to look into these
matters more closely during their file review.

Mr. Brill's recorded inspection/investigation is already listed as a
document in correspondence to you, and should be included in the state
file for their review.
 They have been advised to anticipate same. In
that recording Brill clearly makes statements that contradict the

letter by Pecoraro.  Mr. Brill may wish to notify his personal E&O
carrier of the use/misuse of his investigation material in this
instance.
 If his information has not been properly conveyed or is
being misused by his client could tend to muddy the waters of
confusion.

Please make sure all files subject to the State Financial
investigation reflect Aequicap/Tower Group's stated stance and
reasoning.

Adjusters at Aequicap (all adjusters in the state of Florida for that
matter) are held to a high standard for licensing and are mandated
under Florida Law to turn in insurance improprieties to the state of
Florida.  Failure to turn in such issues and violations is a violation
by the adjuster whether they are involved or not.  This investigation
will thus likely expand to all employees of Aequicap, their agents,
and those they represent.


It is truly a shame that handling such as this takes place on behalf
of underwriters.  Since Mr. Pecoraro is responding on behalf of
underwriters in New York as clearly stated in his letter, then
investigations of impropriety are now federal as well as state.  I
intend to hold all copied individually, personally, and corporately
responsible for their actions.


It is more shameful still that they have failed to properly address
the merits of their assureds loss/situation and have opened a
"pandora's box" of litigation opportunities against their insured.
They have failed miserably in their fiduciary responsibilities to
protect their client.  The legal costs to defend such case should not
in any way impact the loss record or personal financial condition of
the trucker, because they have failed at each instance to come
together as requested.  The bad faith/mishandling of this loss has
jeopardized the carrier itself.

Meanwhile, there is discovery underway pursuant to Florida Law in
which all involved must comply.  Failure to comply for any reason
renders each party responsible for their actions/inactions.  Since
liability is shifted to our side and coverage denied by the carrier,
the assured/carrier is responsible to respond on their own behalf
until the proper party intervenes and accepts responsibility.
Specific discovery was underway prior to your decision and we
anticipate there shall be no problem with proper continuance, as your
stance necessitates the level of discovery continues.  The underwriter
is still subject to all fees and costs subject to the MCS-90
endorsement and their own E&O coverage which should surely have been
notified by now since they were advised 17 September
2010.................At this juncture any delay or misdirection to
disrupt discovery of documents for liability purposes is additional
"good faith" ammunition to be judged by the state.  Aequicap was given
their opportunity to inconvenience us at no cost for their liability
discovery, and I appreciate the same from their side.

Ladies and gentlemen, one would hope that better decisions were being
made, but underwriters/agents have made their decision and delivered
it.
 

Sincerely,

www.tedwhidden.com>




---------- Forwarded message ----------
From: John Pecoraro

<John_Pecoraro@aequicap.com>
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.

Thank you.

John R. Pecoraro

, CPCU, SCLA
Vice President, Claims
AequiCap, Inc.
954-493-6565 ext 572
954-938-8689 fax




 

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"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

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