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www.tedwhidden.com

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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  

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: Ranegar, Laurie <lranegar@twrgrp.com>
Date: Fri, May 27, 2011 at 7:47 PM
Subject: Out of Office: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: Ted Whidden <www.tedwhidden.com> >


I will be out of the office on Frinday, May 27. I will be periodically responding to email; however, responses might not be immediate. Tower's offices will be closed on Monday, May 30 in observance of the Memorial Day holiday.

If you need immediate assistance on Friday plesae contact:
Rick Lustri, VP Operations, 212.739.9358, rlustri@twrgrp.com .

Thank you.
Laurie Ranegar
Senior Vice President, Operations
Tower Group Companies
120 Broadway, 31st Floor
New York, NY 10271
212.655.4766

This message is intended only for the use of the Addressee and may contain information that is PRIVILEGED and/or CONFIDENTIAL. This email is intended only for the personal and confidential use of the recipient(s) named above. If the reader of this email is not an intended recipient, you have received this email in error and any review, dissemination, distribution or copying is strictly prohibited. If you have received this email in error, please notify the sender immediately by return mail and permanently delete the copy you received.

 

 

 

====================

The above referenced auto-reply serves to acknowledge the following email sent to the company.

 



---------- Forwarded message ----------
From: Ted Whidden <www.tedwhidden.com> >
Date: Fri, May 27, 2011 at 7:46 PM
Subject: Fwd: Out of Office: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: "Elliot Orol, SVP General Counsel Tower Group" <eorol@twrgrp.com>
Cc: "Gary Maier, SVP Chief Underwriting Officer Tower Group" <gmaier@twrgrp.com> , Susan Eylward <seylward@twrgrp.com> , Adam Perri <aperri@twrgrp.com> , "Austin Young, Director Tower Group" <ayoung@twrgrp.com> , "Charles Bryan, Director Tower Group" <cbryan@twrgrp.com> , "Christian Pechmann, SVP Marketing and Dist. Tower Group" <cpechmann@twrgrp.com> , "Jan Van Gorder, Director Tower Group" <jvangorder@twrgrp.com> , "Joel Weiner, SVP Strategic Planning Tower Group" <jweiner@twrgrp.com> , "Pecoraro, John" <JPecoraro@twrgrp.com> , John Pecoraro <John_Pecoraro@aequicap.com> , Keisha Pusey <Keisha_Pusey@aequicap.com> , "Pusey, Keisha" <KPusey@twrgrp.com> , EPalmer@twrgrp.com , "Laurie Ranegar, SVP Operations" <lranegar@twrgrp.com> , LAptman@twrgrp.com, MGuiry@twrgrp.com , "Michael Lee, CEO Tower Group" <MLee@twrgrp.com> , Michael Lee <info@twrgrp.com> , MSturm@twrgrp.com , "Robert Smith, Director Tower Group" <rsmith@twrgrp.com> , Rori Strickland <Rori_Strickland@aequicap.com> , "Strickland, Rori" <RStrickland@twrgrp.com> , Ruth Oren <ROren@twrgrp.com> , "Salvatore Abano, CIO Tower Group" <SAbano@twrgrp.com> , "Steven Schuster, Director Tower Group" <sschuster@twrgrp.com> , "William Hitselberger, CFO Tower Group" <whitselberger@twrgrp.com> , "William Robbie, Director Tower Group" <wrobbie@twrgrp.com> , "William Fox, Director Tower Group" <wfox@twrgrp.com>


Mr. Orol,

I have been standing by in New York and remain awaiting for you to
contact me in regards to the sustained illegal abuses by your
organization. Just as I contacted you on March 23, 2011 which you
failed to respond, your continued ignorring of my requests may not be
in your favor. You do realize that bad faith behavior typically
requires a higher level of authority intervening over and above the
offending party? Based on your auto-reply to my March 23, 2011 e-mail
I am expanding my contacts to Susan Eylward and Adam Perri as well as
others in your office....It seems that ignorring requests to meet to
resolve this issue is typical for your organization as the apparent
leader of your bad faith claims team, Pecoraro, refused to meet while
I was in Miami to meet with him.

Are you aware that when your office takes a frivolous stance, then
knowingly and willfully lies commiting fraud to support their
frivolous stance that your company is liable outside policy limits,
statute limits, etc and may initiate law enforcement issues? Are you
aware that your office was advised as early as September 19, 2010 (3
weeks after the wreck) that incompetence was not a good defense, yet
all we have seen from top to bottom from your organization is blatant
deception, bad faith, fraud, and incompetence? Your CEO Michael Lee
was kept advised, and his assistant responded on his behalf. Do you
have any idea what is going on? What does it take to find someone of
integrity in your organization? Is the whole operation corrupt? Are
you aware that in a recorded statement your people advise that the
strategy they have employed is to try to avoid/delay a million dollar
settlement? How does this look to you? Seems typical for a foul
element in the industry, but did you realize it is unlawful?

Surely a member of the state bar, law school grads, insurance
professionals, CPCU's, SCLA endorsed people can recognize fraud!!
What defense is available to an insurance company operating in bad
faith, committing fraud, and refusing to address the concerns of their
victim? Do you realize that law requires most insurance professionals
to report in writing crimes committed that they are aware of, or they
become party to them? Many of your people (potentially all those in
copy?) are in violation of law. What happens when your organization
is put on notice?

I am not sure what it takes to get the attention of anyone of
integrity in your organization. We quickly moved through the
dishonest adjusters placed on our loss, then were referred to your
claims manager who appears to have violated virtually every insurance
and ethic law. A wide array of issues have been opened as a result of
what appears to be your claims manager's criminal activity. What will
it require to get the attention required to this loss/incident and the
horrible treatment of victims by your organization? Do you have any
idea how bad this makes you, your organization, and your corporate
culture look?

As you delay, I will be initiating a CPCU ethics inquiry, SCLA
inquiry, Consumer Protection (Federal Trade) inquiry, as well as a few
more options to have them look in to your company behavior. It is
really advisable to meet sooner, rather than later. Law enforcement
is already inquiring into certain events wherein your affiliates
committed fraud. The risk/cost for everyone is escalating at each
turn. Is that your intention?

I have given more than 9 months and multiple opportunities for your
organization to behave properly. What do you prescribe as the next
move?

Sincerely,

Ted Whidden



---------- Forwarded message ----------
From: Ted Whidden <www.tedwhidden.com> >
Date: Tue, May 24, 2011 at 8:41 AM
Subject: Fwd: Out of Office: ACF1001306 Theodore & Kenneth Whidden v.
Frank Delgado Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: "Elliot Orol, SVP General Counsel Tower Group" <eorol@twrgrp.com>


Mr. Orol,

I am in the New York area for a meeting, and would prefer to begin
addressing the above issue. To this point you and your office have
attempted to ignore my outreach to you, as has your claims office in
Miami. It seems a very irregular tactic that as one can imagine this
will likely serve to escalate issues.

Please advise the best time to attend a meeting to discuss.

Sincerely,

Ted Whidden


---------- Forwarded message ----------
From: Orol, Elliot <eorol@twrgrp.com>
Date: Wed, Mar 23, 2011 at 7:41 AM
Subject: Out of Office: ACF1001306 Theodore & Kenneth Whidden v. Frank
Delgado Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: Ted Whidden <www.tedwhidden.com> >


I will be out of the office until Monday, March 28, with only periodic
e-mail access. For immediate assistance, please contact Susan Eylward
at seylward@twrgrp.com  or Adam Perri at aperri@twrgrp.com . Thank you.

This message is intended only for the use of the Addressee and may
contain information that is PRIVILEGED and/or CONFIDENTIAL. This email
is intended only for the personal and confidential use of the
recipient(s) named above. If the reader of this email is not an
intended recipient, you have received this email in error and any
review, dissemination, distribution or copying is strictly prohibited.
If you have received this email in error, please notify the sender
immediately by return mail and permanently delete the copy you
received.






---------- Forwarded message ----------
From: Ted Whidden <www.tedwhidden.com> >
Date: Wed, Mar 23, 2011 at 7:41 AM
Subject: Fwd: FW: ACF1001306 Theodore & Kenneth Whidden v. Frank
Delgado Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: "Elliot Orol, SVP General Counsel Tower Group" <eorol@twrgrp.com>



Dear Director,

There is a slim possibility that at this juncture you have not been
made fully aware of a train wreck being orchestrated by your “claims
manager” in Florida. On numerous instances the victims in a serious
wreck have appealed to find honest, competent people within your
organization to handle a loss in a reasonable manner. In response to
my allegations of “good faith” abuses your claims manager appears to
have committed fraud, and continues in a senseless stance. Your
claims manager has thus far failed in his obligations to you wherein
he should minimize your losses/exposure, and has actually done the
opposite. He has increased your exposure in a myriad of ways,
including but not limited to what will likely prove to be fraud to a
state agency and federal frauds. You might wish to look in to this.
This could get very expensive and ugly for everyone.

Please allow this to serve as your being “placed on notice” for the
referenced incident and handling issues that stem from it. It is my
intention to hold you, your fellow directors, your stockholders,
stakeholders, and all manner of your personal, professional, and
corporate business and interests liable to the fullest extent
possible. This is not a threat, it is a courtesy call/notice to see
if there is anyone who understands the writing on the wall. Due to
the nature of the mishandling of your highest level appointee in
Florida, my only appeal appears to reach out to you………………..This notice
extends to your personal and corporate stock trades, because any
trades made at this time would be considered “insider trading”, until
the full extent of this situation becomes public. This issue has been
ongoing for 6 months or more and I have been screaming out to your
company and your board for assistance. Your activity in this period
may become suspect. I will be copying the SEC (Securities Exchange
Commission) so that we are all on the same page. (Your manager has
you in an ever increasing liability situation. This does not seem to
be good risk management.)

Since being run over by a careless driver (18 wheeler operator) as one
of your assureds, we have been run over by your claims handling
agents. Whereas they were once under your control as sub-agents
(Aequicap), you have now hired them as full time henchmen for your
deeds. This looks suspect since members of your board of directors
were made aware and kept informed from early stages.………………The beauty
of this in some ways is that it is presently embarrassing but private.
This “privacy” freezes your ability to trade the stock. If/when the
train wreck becomes public, your stock trades are still restricted
because you are an insider, but the ride for others could become
volatile. This is something that should not be allowed to go further.
You too have an obligation to mitigate losses to those you answer
to……………In a loss mitigation situation this is something that either
becomes very private, or very public. The decision is in part yours.
We have been asking for a meeting for some form of resolution for 6
months. How much longer should we wait for proper handling/management
to intervene? According to your head of claims in Florida I have
appealed to the highest person possible (Him!). Frankly, I cannot see
how you can keep this guy employed much longer, so I felt that
appealing higher is in everyone’s best interest. I am doing you a
favor.

Please find following an appeal to your claims manager and his cronies
for sensible action, and his response. If he has not advised you of
this, ask why? I keep asking myself how far this must go before
someone who understands gets involved. Wouldn’t that be you?

Your “new” claims people have broken virtually every insurance law in
Florida on this loss/case alone. They have done it as your agent and
continue as your employees. This looks bad, real bad. Prior to the
wreck I once worked in the insurance business. At first I was curious
to see how far this could/would go. Now I find it a disgrace to the
industry. You have a rather severe damage control situation on your
hands. The State Commission of Insurance was invited to look into
this THREE weeks in to it, and THEN your claims manager committed
multiple frauds! The claims manager has outlined his fraud to the
state approximately 5 times in writing!! Can you imagine how this
looks!?? What if the board of directors of the company were made
aware of this? How would they react? We shall see.

It looks like I have permanent brain damage as a result of the wreck.
This is not a good time for me. I am trying to put life back
together, yet your claims people will not even address our private
property losses. I do not think it should be good for others who
agitate and manipulate my situation……………..As you may see, I write
books that expose deceptions and frauds to the public. This
experience with your company is giving me far more insight than
required to finish my next writing project. It is time for the abuses
of Tower Group by way of their employees, and agents at CastlePoint
and Aequicap to stop.

If this game continues, you may find yourself guilty of being “party
to fraud”. One never knows, but there are several lawyers on your
board. Check it out. Seeking legal advice at this point might be
prudent.

Respectfully submitted before going public,

Ted Whidden




---------- Forwarded message ----------
From: Pecoraro, John <JPecoraro@twrgrp.com>
Date: Tue, Mar 22, 2011 at 9:39 AM
Subject: FW: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado
Yera & Oliva Delivery Service, Inc. d/l 08/29/10
To: "www.tedwhidden.com> " <www.tedwhidden.com> >
Cc: "Pusey, Keisha" <KPusey@twrgrp.com> , "Strickland, Rori"
<RStrickland@twrgrp.com> , "dbrill@windstream.net"
<dbrill@windstream.net>


Mr. Whidden, our position on this disputed claim has been stated in
our responses to your numerous emails, Civil Remedy Notices and
Department of Insurance complaint. At this point, it is abundantly
clear we have opposing viewpoints. If you truly want to “move forward
with your life” and want someone from Tower Insurance Group to contact
you to attempt resolution of you and your brother’s claim, I am that
person.



However, the tone and substance of all communications throughout this
resolution process must be civil and totally absent of all defamatory
rhetoric. Otherwise, the process cannot continue.



I await your response.





John R. Pecoraro, CPCU, SCLA

AVP Claims

Tower Group Companies

Fort Lauderdale Office

954-598-6572

jpecoraro@twrgrp.com









From: Ted Whidden [mailto:www.tedwhidden.com> ]

Sent: Tuesday, March 15, 2011 9:44 AM
To: John Pecoraro
Cc: Keisha Pusey; Rori Strickland; David Brill
Subject: Re: ACF1001306 Theodore & Kenneth Whidden v. Frank Delgado
Yera & Oliva Delivery Service, Inc. d/l 08/29/10



John R Pecoraro,



Please understand that fraud is a crime. You have committed fraud
multiple times. Every one of your filings to the State Commissioner
of Insurance includes fraud, elements of fraud, and attempted frauds.
In my September 2010 letters/emails to you I advised that losses would
exceed all policy limits, and that your company's mishandling issues
early on stood to increase the value of the claim substantially. Now,
you have committed multiple frauds in your attempt to use unlawful
means to avoid liability (which is a fraud in itself). Understand
fraud typically has no statute of limitations, no limit of liability,
and has nothing to do with the claim/liability. This is a crime you
committed that ADDS to your company's liabilities. You have done an
extremely poor job of protecting your company/client's interests.
Instead of limiting liability you have removed all limitations and
opened up Pandora's box of options for us to pursue you and your
company. Mr. Pecoraro, I advised you and your principles within 2-3
weeks of the incident to stop the pattern of abuses noted at that
time. Since then your parent company appears to have endorsed your
illegal behavior making each of you personally, professionally, and
corporately responsible. The somewhat humorous part is that you have
committed your frauds TO THE STATE agency that investigates and
enforces this type of behavior. If I wasn't writing a book about such
stupid maneuvers and frauds by corporations I would have to start one
now. I think you will make history if you keep going in the direction
you are going.



In case you are concerned (which would be a change) the doctors have
indicated I have permanent concussion/brain damage, and will have to
undergo therapy to help cope. Your frivolous pursuits have made this
much more difficult than it needs to be. You need to stop your abuses
and games. I fully expect your unlawful maneuvers to cost you and
your company. You need to advise your superiors and E&O of your
problems otherwise risk increasing the losses and exposure more.



Your response to our correspondences leading to date demonstrate
either severe incompetence on your part or extreme dishonesty. Please
have the following read to you by someone who understands insurance,
law, and the English language. Your continued failure in these areas
is not a defense. The letters/endorsements behind your name would
indicate to most people that you have knowledge in these areas. They
demonstrate a level of knowledge and responsbility, therefore the only
thing left to destroy is your integrity and character, which you seem
to do a very good job of.



Mr. Pecoraro, you and your company represent commercial carriers in
over the road trucking. It seems more probable to those outside your
organization that the vast majority of the losses/claims you are
involved in regard a trucker hitting a citizen/consumer. I do not
know that I have ever heard of a car hitting an 18 wheeler, so the
majority of your "claims" you see would seem to be wherein your
assured/client is fully at fault. Your hooligan tactics to offend the
public make you an enemy to the consumer/citizen, and these are
criminal acts you commit routinely as a matter of course in your daily
business.



The incident that brought rise to my and your encounter involved a
rear-end collision by a trucker charged with reckless driving. He hit
us from behind on a long, clear stretch of road and admitted at the
scene to not having his eyes on the road leading to the accident.



Your creative (dishonest and deceptive) response of October 8, 2010
constitutes multiple counts of attempted fraud and fraud. I will
outline a few of them, but they have become far more complicated for
you than ever before. On several occasions (you refer to a "myriad of
complaints") I have encouraged you to review your file giving you
opportunity to amend your foolish stance. On five or more times now
it seems you have insulted me, your industry and the Commissioner of
Insurance by filing your frauds and attempts at fraud to them. You
have complicated your frauds, attempts at fraud, and other charges by
dropping the letters to the Commissioner in to the U.S. mail.
Pecoraro! Understand you are guilty of Federal Mail Fraud!! Not only
are you guilty of state, interstate, and federal frauds, but all those
in your organization who participated in your correspondence and
strategizing are party to the fraud.................You see
incompetence and dishonesty seems to permiate virtually every
correspondence I have received from your team. Much of this began
when I questioned the ability and integrity of those under your
management, then you ramped up the deceptions!! What a person is to
do? Where does it end with you? I kept thinking sooner or later
wisdom would prevail, but your deceptions continue.



Oddly, no reasonable person can see how you can deny liability in a
rear-end collision. No matter what your reasoning is, your stance is
absurd. Your support for your stance constitutes attempts at fraud,
to mislead and deceive to the ultimate end you desire which is denial
of liability. Your denial is actual, and is a perfection of your own
fraud attempt.



At this juncture any change of your claims stance based on a letter
insulting you would serve to demonstrate you are manuevering to "miss"
the fraud, thus it would be an admission of guilt. You see the
problem with fraud once committed is that you are incriminated any way
you turn. You REALLY need to advise your Errors and Omissions
coverage underwriters as I told you to do in my September/October 2010
letters. You are now operating in violation, and very likely they can
avoid covering your legal costs because of late notification........Of
course, as you should know "late notification" is only a defense for
underwriters if it can be demonstrated that the late notification
prejudiced their defenses. You have indeed prejudiced their
defenses........Further to this, you have incriminated your corporate
parent (Tower Group and CastlePoint) because they have been held in
copy throughout, and Tower Group's Lowell Aptman endorsed your
criminal behavior in his September 2010 letter..............Pecoraro,
your frauds remove statutes of limitations and limits of liability and
the frauds should concern YOU and your principle. They were not
committed by your assured, they are fully yours financially, legally,
etc. This "loss" is not something you can pass on to your assured's
loss record, and it may not be something you can pass on to the
reinsurance market, PLUS your E&O may be off the hook as well. You
and your people need to get concerned.



Please allow me to outline some of your frauds herein using only the
response below (and those documents which attach).



Fraud One: Frank R. Delgado (Yera) and/or his company appear to have
committed fraud at the scene of the accident by providing false
insurance verifications. Meanwhile, Delgado (has been party to or has
perpetrated a fraud) is your only witness in the accident. His
credibility and that of his company are already in question. Their
testimony is considered tainted or questionable at any rate.



Fraud Two: The insurance verification given by Delgado at the
accident indicated the truck/driver was covered by a specific Aequicap
Property and Casualty policy, making Aequicap and their personnel
potentially party to Delgado's/Oliva Delivery Services fraud.



Attempted fraud: Your handling of claim/case under "reservation of
rights" is likely an unlawful (but common?) maneuver. Do you
understand the ramifications of this deception?



Improper Notification: In a panic to avoid good faith charges being
reviewed by the Commissioner of Insurance your people arranged for
David Brill to attend. We were only given 12-20 hours notice prior to
arrival and Florida law requires you provide 48 hours. Mr. Brill's
investigation will consume much of the rest of this message, but is
not the full extent of the weaknesses in your case. Additional
charges will be addressed later if need be.



Brill's investigation was for the express purpose of using a
type/style of forensic research to determine if the truck/trailer rig
I was driving was illuminated. Mr. Brill's investigation clearly
revealed that lights were illuminated at the time of incident, YET you
state they were not. This is fraud! Not only did you commit attempts
at fraud in your allegations lights were out, but when you state that
Brill's report/testimony indicate lights were not illuminated is
clearly a misuse of fact. You have committed fraud.



Your denial of liability is an apparent attempt to maneuver the claim.
Maneuvering the claim in this manner is fraud and attempted fraud
itself. When you state something in an attempt to deceive, mislead,
conceal, then you have committed FRAUD AGAIN!



As we proceed we see numerous other attempts to deceive, mislead, conceal:

1) The FHP officer comment, stating lights were not illuminated is an
attempt at fraud. The FHP report provided to you by me clearly states
the FHP officer arrived 32 minutes after the wreck. The comment is
irrelevant, but you use it to try to add weight to your deception.

2) The FHP officers did require the truck/trailer/wreckage be
illuminated to depart the scene. The lights clearly worked. Your
statement to the contrary is either a mistake or there is some
confusion on the party you received it from, or it appears you have
lied again. It is clear you are a liar, so there is no reason to
trust anything you have said. Repeatedly we have asked for someone
with integrity to be appointed to handle this case.

3) Irregardless of lights on or off, the fault in the rear-end
collision belongs to your assured (the 18 wheeler operator). The use
of "lights on-lights off" discussion in itself is an attempt to
deceive, mislead, and conceal and constitutes a fraud on its own.

4) The statement you use regarding Brill's report blocking the
tail-lights of the truck may be an attempt at fraud. Obviously, you
are trying to mislead the recipients or anyone reading your response
that the truck lights are "material". Your statement ignores the fact
that the trailer lights were not obscurred, and proved by Brill's
investigation to be illuminated. Your use of "blocking of
tail-lights" (which is likely a lie at any rate) in itself is an
attempt to mislead, deceive or conceal.........Pecoraro all of your
handling is plagued with frauds.

5) John, your reference to my "possession" of the trucks, trailer,
and wreckage is a warm up to your next set of frauds. It is an
attempt at fraud. Meanwhile, the next set of frauds you commit IN
YOUR FILING to the STATE COMMISSIONER! You not only continue this
pattern of fraud, you appear to have no respect for law enforcement or
insurance practice. (Eventually you state that I do not own any
vehicle in the wreck. This is clearly a lie and fraud on your part.
I sent you copy of the registration, FHP report and other such
information was sent to your claims people early on. They would
likely not have it otherwise because their investigation was so weak.)



Allow me to outline some of your frauds in your first filing to the
State Commissioner. At this point you have made about 5 filings to
the State Commissioner and then placed them in the mail. These not
only constitute fraud, but when you mailed them to me you and your
Pusey posse committed Federal Mail fraud. Your entire organization is
now implicated, and since Florida ethics law requires all licensed
personnel to report any and all criminal violations to which they are
aware, then your people are party by way of that law/connection.



In your "Amended Response" (October 13, 2010) to the Commissioner of
Insurance/Financial Services Division of the State of Florida:

Fraud One: The day and date of the accident is incorrect. We have
corrected this numerous times for you, and advised you to review your
file and the documents we submitted to you. You have failed, not only
perpetuating the fraud, but demonstrating lack of proper investigation
in the process. Whoever fed this information to you is party to your
fraud. Those who copied this type/style of error (such as Lowell
Aptman and Michael Lee and Monica Sturm) are party to your fraud and
attempt.



Reporting times and discussions appear in error. This could be the
result of ignorance, incompetence, or dishonesty. All are readily
apparent throughout the dealings and correspondence with your company.
I was advised by your claims people (Rori Strickland/Keisha Pusey)
within the first 2 weeks that your intention is/was to deny covering
the claim to/for your principle/assured for late reporting. It looks
like you are holding on to this incorrect date despite many, many
advices otherwise to cause your denial/fraud to be made evident later.
Otherwise, why wouldn't the simplest of investigations reveal and
correct the date. Your maneuvers at every level appear devious.
Fortunately, one of your claims people indicated early on this was the
plan.



Attempt at fraud: Your reference advising that is your "understanding"
that none of the vehicles in the accident belong to the driver
(Theodore Whidden) is clearly an attempt to erode the interest of the
victim. It is a lie stated from a position of "understanding" to hide
the fraud. This is an attempt to deceive, conceal, mislead, meanwhile
the FHP report and vehicle registration provided to you clearly
indicates I am the owner of the blazer, and your opinion and
understanding is not really worth that much to anyone at this point.
You were sent registration paperwork within 3-4 weeks of the wreck.
You should never have made this mistake. Improper investigation.
Your insurance/license endorsements should cause you to be held to a
higher standard, but your tactics are brutalizing citizens and appear
to be "endorsed" by both your corporate parents and the State
Insurance Commissioner (if they allow this to occur/continue).



In paragraph 3 of Pecoraro's first letter to the Commissioner he
addresses the trucker's statement. Meanwhile, Pecoraro knows the
truck driver/company provided false insurance verification at the
scene of the wreck. Their credibility is already in
question/investigation, and effectively there are no credible third
party witnesses to the wreck, nor credible insurance/claims personnel
seen to be working on the file. The incident and handling is riddled
with fraud.



Pecoraro repeats his frivolous stance/statement: "We retained an
accident reconstruction expert to inspect the Blazer, trailer and
Porsche, and based on his inspection, it is our position this trailer
was not illuminated or visible while being operated on the
interstate."..............This is clearly fraud. The "reconstruction
expert" is a retired FHP officer and hopefully will understand and
recognize the use of fraud. He is now party to fraud. If he indeed
backs up Pecoraro's LIE, then we reserve the right to use the
recordings of Brill's attendance, and encourage him to retain those
recordings he made. These people were clearly informed that a fraud
case was underway prior to Brill's assignment and arrival. Further
they were notified at the time of attendance and thereafter that all
conversations were being recorded. NOW, if Brill sides with Pecoraro,
then Brill himself is committing fraud. If Brill tells the truth,
then his client who committed the fraud is clearly on the hook for his
own crime.



Pecoraro further states: "And based on the dimensions of the Porsche,
the taillights on the Blazer were blocked from view. There are no
known disinterested witnesses, and the investigating FHP officer
confirmed the trailer taillights were not on when he arrived on the
scene."

These are repeated attempts at fraud from Pecoraro's October 8, 2010
email (see below). Since ultimately the insurance company will be
held responsible to validate these statements it would be wise to
retain an identical blazer, Porsche, and trailer for reconstruction.
It seems clear that the statements of the "expert" are being
embellished. The blocking of the lights may lack proper
reconstruction, and is not even relevant since the trailer lights were
visible, not blocked and demonstrated illuminated by Brill's testing.
Brill's testing was the express reason for his attendance and you have
ignored his findings because it did not go the way you wanted. Fraud!
(The discussion of the "blocking of the tail-lights" of the truck is
in itself a fraud, since the trailer tested as illuminated making
truck lights potentially irrelevant in the discussion.)



Pecoraro is clearly guilty of numerous frauds, attempts at fraud, and
other legal offenses. His stance of denying liability is in itself an
attempt at fraud, and there are numerous frauds and attempts he uses
to support this frivolous position. I will be encouraging law
enforcement to investigate this particular behavior and all past
behavior if necessary.



At this juncture I would like to move forward with my life as likely
would all others. Doctors advise me the brain damage from the wreck
now appears permanent. I want to move on.



Pecoraro, Pusey, and Strickland are unfit to be any part of future
negotiations. Pecoraro appears to be a menace to society and a poses
a huge criminal risk to consumers in vulnerable situations.



As a first step it would be encouraging to see him dismissed from his
position and the company, and to see the State of Florida strip him of
his licenses and professional titles. As we have a new Commissioner
of Insurance/Finance, and you snubbed your nose at the last one, it
would make a strong demonstration of dedication to public good to have
you removed from practice. Of course failing to do this in light of
the evidence would bring undue attention to the Office of Finance for
the State. At some point, a level headed person will be able to see
that instead of mitigating exposure.. It is all about risk
management.



Clearly, Pecoraro would prefer to keep his criminal activity hidden
from those around him, but this and other unlawful activity implicates
all those held in copy. Out of respect for them and the possibility
that wisdom will prevail I hold them all in copy..........Despite his
request to keep his criminal activity private.....Isn't THAT an
attempt to conceal? Fraud again!



I gave you plenty of chances to change your tactics. You entrenched
in the unlawful. Have someone from your parent company contact me to
resolve this issue.



Sincerely,



Ted Whidden



P.S. John, since you responded to the "myriad of complaints" you
committed fraud each time, multiple counts, multiple ways. You put
them in the mail (or had them put in the mail) making it federal mail
fraud. This does not look like something an intelligent, honest,
professional would do.







On Fri, Oct 8, 2010 at 3:57 PM, John Pecoraro
<John_Pecoraro@aequicap.com>  wrote:

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

 

===============

 

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

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