---------- Forwarded message ----------
<The Desk of Ted Whidden>
Date: Wed, Sep 22, 2010 at 10:09 AM
Subject: Re: Oliva
To: Marlen Ruiz
Thank you very much for your reply.
Please understand how my brother and I are viewing this loss/incident.
At this juncture we (Me and My brother) as well as the Oliva
Delivery/Trucking are victims of an incident. Your driver
negligence caused a problem on the road, thus your company is a victim
in part and we are as well because the resultant negligence damaged
our vehicle. We simply wanted to resolve this.
Meanwhile, your company and us as passengers in this event are once
again being victimized together. This time it is by an insurance
adjuster/handler group. With each contact with these adjusters from
Aequicap they have lied and misled us. They are very dishonest
people. I submit to you a letter that I have sent earlier this week
by regular mail. The adjusters and the general counsel of the
companies involved should be receiving their copy by mail very soon.
You have the advantage of seeing the letter before the chaos ensues.
What you will find is a very detailed letter that describes with
accuracy bad faith handling of the case/claim by the individuals
acting on your behalf. For this reason and their demonstration of bad
faith we are not required nor encouraged to deal with this
. They are very bad people......Please
understand that since they appear in some ways to be your appointed
agent (and that of CastlePoint) then you are partially responsible for
their actions. Since they are suppose to be professionals, their E&O
coverage will be held responsible for the financial misdealings. As
long as you do not become party to their deception you are protected.
Now, as I look at your situation. These same bad people (Aequicap)
are denying your claim due to late notification. This is unlawful for
them to do. You are legally covered in this instance and their advice
to you that it is not covered is illegal. Do not worry, shortly after
they receive their letter (copy attached) I will be advising them as
to why they have to provide coverage. If they continue to deny
coverage they set themselves up so that your company and us as victims
may be able to make money on their devious dealings. Please stay in
contact with me, and within a week I will advise you how you can
overcome their deception. Unfortunately, their devious dealings are
driving our costs and making it difficult and costly to resolve this
simply. The plus side is that you will indeed have coverage at the
end of the day, and will have a case against Aequicap themselves for
mishandling their obligations to you. Your company will potentially
make money on this if you stay true to the course. (It would help if
they would deny you coverage in writing and if you sent me copy of
As for "the underwriter" that Aequicap is referring, then it is either
Aequicap themselves or CastlePoint. Please send copy of the policy
that you believe is covering this and I can tell you if Aequicap is
once again lieing to you (another act of bad faith). You see if they
are actually the underwriter and referring to themselves as a third
party, then they have a conflict of interest.
As you can see from the letter attached I am advising the general
counsel (attorneys) of both Aequicap and CastlePoint that they are
fully liable for the handling of their assigned agent. You must
understand CastlePoint has no right to deny your claim either. I will
explain as time moves along. What it appears is that there is a
material mishandling of your insurances by CastlePoint and Aequicap.
You will likely have a case against them for
this............Unfortunately, I have worked as an insurance auditor
and everything they are doing presently is unlawful. Every action
they are making in handling your side of the claim and mine is
unlawful. As professionals they are responsible for their actions,
and as a professional in the insurance world "incompetence" is not a
defense. They are working hard to fleece both sides of this incident.
They may soon owe both us AND the owners of Oliva
Please study the enclosed letter and understand there is another to
come. As stated in the letter, I am standing by for a meeting to
resolve this issue.
For your information I am in contact with the State Commissioner of
Insurance, the DBPR (Division of Business and Professional Regulation)
and the continued handling in the manner that they have begun with
will soon reduce their AM Best/Financial rating. This can likely
occur as a result of a financial transfer to the victims (Oliva
Trucking and the Whiddens) of the loss.
Please stand down and allow the insurance company to destroy
themselves. At any rate they are responsible for this loss and we
will work towards extracting our loss from a policy you have purchased
and will work with the Oliva
s to protect them from further damages by
the insurance company.
Again, the company acting on your behalf is failing in their fiduciary
duties to both your side and our side. It is a rare day indeed when
two sides of an issue can see the material mishandling of the
middleman/agent. They cannot continue in their abuse of both sides.
If I can assist you in any way at any time, please do not hesitate to
On Wed, Sep 22, 2010 at 9:29 AM, Marlen Ruiz
> Mr Theodore: I finally contact the adjuster Pusey
.htm">Keisha and she
> about this claim. You don't have to worry, she is on the process
> claim. You can contact her , but she is waiting for the
underwriter to sent
> her the coverage for that truck.
> Marlen Ruiz
> General Manager
Delivery Service, Inc
> 4164 Nw 132th Street
> Opa-Locka, FL, 33054
> Ph: (305)681-3200