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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.)

 

www.tedwhidden.com>


The Desk of Ted Whidden
P.O.Box 158
Chipley, Florida 32428
September 19, 2010

Aequicap
Keisha Pusey/Rori Strickland

P.O.Box 9088
Fort Lauderdale, Florida 33310-9088

Reference:
Good faith/Bad Faith
Seizing of Assets of Oliva

Trucking
Future Communications regarding loss
Attorney Involvement
Oliva

Delivery Service, Inc/Oliva

Trucking/Oliva

Family
Loss Location: W/B I-10 8/29/2010, 18 Wheeler rear ends passenger vehicles on open
highway.
Aequicap Ref: ACF1001306

Ms. Pusey,

This letter is to recap our recent phone conversation(s) and to establish status of roles
involved in the loss of Saturday night, 8/29/2010 (Midnight).

Your client companies (Oliva

Trucking, CastlePoint, and Aequicap) and their E&O
(Errors and Omissions Underwriters) need to be aware that you are failing in your
fiduciary duties to protect them and their interests. Mishandling by Aequicap of the
claim as early as three weeks after the loss have opened multiple points where your lack
of good faith can be demonstrated. As a third party you are responsible for your actions,
inactions, and inappropriate behavior. Since your client’s driver is fully responsible
for our losses and damages your poor handling will likely increase litigation and/or
settlement costs for your clients.

Since you have failed to confirm coverage, failed to address our third party needs, and
failed to provide information on your role other than a self-appointed third party claims
handler, I will keep the corporate parents in copy.

To repeat what you have now been advised multiple times, the attorney and law firm of
Browning Law firm (Coy Browning) is not representing us on the personal injury portion
of our loss. Mr. Browning is a personal friend who we sought advice from because of
the verbal denial of coverage by your firm. He initiated some letters which were not
warranted at the time. For this I apologize. Attorney Coy Browning and his office
has been advised to stand down awaiting appointment on the developing issues in this
situation.

If there is no coverage as stated by both you and your counterpart Ms. Strickland

this
opens a wide array of options for litigation against the Oliva

s, Oliva

Trucking, and

www.tedwhidden.com>


The Desk of Ted Whidden
P.O.Box 158
Chipley, Florida 32428
September 19, 2010

CastlePoint for failing to reinsure. Your mishandling of this case is already becoming
a case of its own with legal pursuits against you and your employer available to the
offended parties. Please notify all the E&O underwriters of all parties.

Your mishandling is making the case/loss bigger for your client, not smaller. Moving
forward Mr. Browning may be representing us on the “Good Faith” litigation which you
and your counterpart (Rori Strickland) have demonstrated. Ms. Pusey

, at the point of our phone conversation of 9/17/2010, 1120 hrs you were advised not to be in contact with
that law firm concerning our loss. You made contact immediately following and lied in
the process.

Two weeks ago your counterpart (Strickland

) advised there was no coverage on the
loss AND that she would get back to me within 3-5 days on the physical damage to
our vehicles. She has failed to follow through as promised. On the same day (two
weeks ago) you sent a fax to the attorney referenced above inferring you were sending
a certified copy of the policy. The diametrically opposed stories given by you and your
counterpart concerning existence of the policy/coverage on the same day is an example of
lack of good faith. Further, since your counterpart never did follow up, no coverage has
been advised back to me. As you know, this may open a whole new can of worms with
uninsured motorist cover, absence of certain legal defenses, and could initiate the seizing
of assets of the trucking company and its owners (Oliva

) by DOT. Does anyone want to
risk shutting down the trucker?

Ms. Pusey

when I called you (1120hrs, 9/17/2010) I was calling to discuss the lack of
integrity and abuses of your counterpart Ms. Strickland

(These are well documented and


will continue to unfold solidifying the handling phase of any future case). As you may
recall you left voice mail notice to Strickland’s manager while I was on the line. The
manager has failed to respond to that request…..Immediately after getting off the phone
with you, you picked up the phone and called the above referenced attorney who I had
just advised you had nothing to do with the loss and whom you were to have nothing
to do with. You called the attorney against my wishes and directions and spoke to the
Paralegal Jennifer Berry. You lied to the paralegal and said you had spoken with my
brother Ken when you hadn’t. You went against the expressed wishes of the offended
party (Me) and you lied. You are a very devious person Ms. Pusey

. Ms. Pusey

you and your counterpart Ms.

Strickland

are behaving in bad faith. I have already asked you to
connect me with

Strickland

’s manager. I now ask that you connect me with yours. For
the benefit of those in copy, the problem with “good faith” in an insurance situation is
often that incompetence on the part of the professional claims handler is not a defense,
because you are suppose to be using “professionals”. Your claims handlers have already
created, enlarged, and lost a “case” of their own making.

You are supposed to be handling a loss where your client’s tractor trailer (Oliva


Trucking) operator carelessly ran over people driving on the highway. Now you and

www.tedwhidden.com>


The Desk of Ted Whidden
P.O.Box 158
Chipley, Florida 32428
September 19, 2010

your people continue running over the victims with your shady and abusive tactics. The
demonstrations leading up to this point help solidify a case regarding the handling of the
loss………….and to this point your company has failed confirm coverage, address the
loss to our personal property (3 weeks after the loss), and failed to follow legal guidelines
as laid out for you. Based on your activity and deception to this point I anticipate more
issues of this nature will develop or at least become evident as time goes on. Please make
request to your managers that you and Ms.

Strickland

are removed from the case.

The vehicles damaged in the incident of 8/29/2010 1205AM were both primary vehicles
for the owners. Since there has been no effort to settle the third party aspect of the
property damage rental and replacement costs are spiraling and our losses as a direct
result of accident are growing. Since you/your client will be accepting full liability in
this instance these are costs to you/your client. Are you aware of how costly your actions
and inactions are to those you represent? Are those you represent aware?

I understand there is a great deal of confusion already on your side of this disaster in part
due to your misrepresentations, and in part due to your clients failing to accurately and
timely reporting of their claim. These continued inconsistencies will likely plague this
situation moving forward. As a professional claims handler you should be able to avert
so many insurance, re-insurance, failure to report issues to be conveyed to the third party.
Hopefully future rounds of discussion can be done at a level to where these mis-steps are
not made.

I would encourage you to advise your underwriters, pool insurance, and re-insurers
that your actions/inactions will likely cause the quantum of the loss/claim to exceed all
policy limits. This places you, your company, your insurers, and your assured in line for
payments of overages due to your mis-steps. A radical shift in your tactics is in order
prior to any more of your misdirection attempts.

At present I am unable to work due to my head injuries from the loss, so until further
notice I will be handling all aspects of the claim and all correspondence concerning the
loss needs to go through me via my e-mail account: The Desk of Ted Whidden . No other
contacts regarding property damage, personal injury issues, or any other issues of the
accident are warranted nor allowed.

My brother and I are anxious to see our losses quickly and efficiently resolved in this
matter. I will likely be in Miami to discuss this loss and would like a meeting with Oliva

,
CastlePoint, and Aequicap managers to discuss how we should move forward. Please
advise the contact information of those managers by return email so I can coordinate the
meeting. In the meantime I will be standing by in the area at the expense of the future
claim/loss awaiting such meeting.

Sincerely,

www.tedwhidden.com>


The Desk of Ted Whidden
P.O.Box 158
Chipley, Florida 32428
September 19, 2010

www.tedwhidden.com>

(The Desk of Ted Whidden)

Kenneth D. Whidden

Copy to:

Gilberto Oliva

, Sr
Oliva

Cigar Company
6051 NW 153rd Street
Hialeah, Florida 33014-2413

Oliva

Corporation, General Counsel
c/o Jeannie Oliva

, Gilberto Jr., Carlos, and Jose Oliva


6051 NW 153rd Street
Hialeah, Florida 33014-2413
305-822-8281

CastlePoint, General Counsel
c/o CastlePoint Management Corp.
120 Broadway
New York, New York 10271
212-847-9450
Fax 212-847-9549

Aequicap, General Counsel
P.O.Box 9088
Fort Lauderdale, Florida 33310-9088
954-493-6565
Fax 954-938-8689

Coy Browning, Browning Law Firm

Florida Highway Patrol (FHP) Advisory Council
Tallahassee, Florida

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