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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: Ted Whidden <www.tedwhidden.com> ">www.www.tedwhidden.com> >
Date: Mon, Jul 4, 2011 at 7:10 PM
Subject: Re: 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>  , David Brill <dbrill@windstream.net>


Elliot Orol, Michael Lee, and to those in copy,

As you may now know an ethic investigation and Code of Conduct inquiry
on your insurance claims manager is underway. I had asked where you
wanted your copy of the filings, but as usual you pretended not to
receive it. This is not a suitable defense as you will soon find out.

As you should know by now I was victim of a runaway 18 wheeler insured
by your company. It rear-ended my vehicle(s) on an open, clear
stretch of road. Fault in a rear-end collision of this nature is
absolute and irrefutable. We were treated poorly and deceptively by
your insurance agent/handler, who you later promoted onboard your
company full time following our numerous complaints. It appears you
endorse and encourage this behavior so this looks pretty bad for your
company. Meanwhile, the claims team appears to have always been
headed by the criminal element found in John R Pecoraro (CPCU/SCLA).
Pecoraro hid in the darkness during the early days of the claim while
the victims cried out for management/supervision due to widespread and
continuous bad faith and deceptive claims handling by Keisha Pusey and
Rori Strickland under the employ/direction of John R Pecoraro.
Eventually Pecoraro introduced himself amidst the allegations of bad
faith handling. In Pequeno's introductory e-mail of October 8, 2010
he not only failed to properly review and respond to the claimant, but
he knowingly, willingly, and purposefully lied in his introduction.
See the introduction of October 8, 2010 at www.FraudDocumentation.com
.

Following the deception in the introduction the corrupt claims manager
made filings (multiples) with the state of Florida. In these filings
he not only re-iterated the initial fraud, but committed additional
deceptions, which is really the apparent mode of operation. Thus far
it seems every single correspondence from your company personnel has
contained deceptions and fraud. It seems they do not do proper
business at all. Meanwhile the 5+ filings by Pecoraro to the Florida
Division of Financial Services are posted at
www.FraudDocumentation.com  . These are public record as well. The
criminal Pecoraro actually put his fraud/statements in the mail making
his lies federal mail fraud. The fraud never ends with this
character.

All one needs to do is look to the recent Civil Remedies wherein your
agent, David Brill, is charged with fraud. As an employee/contractor
conducting "forensic" investigations for your company it will be found
that either David Brill or John R Pecoraro are liars. You see by
mutual agreement the forensic study by David Brill was recorded.
Brill states during our meeting that the trailer light(s) were
illuminated. Meanwhile, Pecoraro in his October 8, 2010 denial he
states that according to forensic investigation the lights were off,
thus claim is denied. In the same recording Brill advises that lights
on or off is not a reason for denial, BUT states light(s) were on!
This means that David Brill committed FRAUD! Yes, if David Brill
states the lights were off now at this point, then he is lieing and
guilty of fraud. OR If David Brill tells the truth that lights
according to his investigation were on, then Pecoraro is clearly
lieing. We know Pecoraro to be a liar, as he continues his abuses in
light of bad faith allegations and his continued bad behavior.

So we have a former 30 year FHP officer, David Brill, author of
forensic collision books, road studies, teacher, etc guilty of fraud,
OR we have Pecoraro. One or the other is. David Brill will likely
understand the repercussions of fraud, and in a few weeks he can be
sued according to Florida State Law. He has been placed on notice and
you have as well..............Oddly, Brill in the recording discusses
the nature and handling style of crooked insurance companies and what
they do with his reports and advice. He advises that he tells it the
way it is and crooked companies do with it whatever they wish. If
this goes to court, then Brill is on his own side, but he will likely
be opposed to your side! Odd, very odd. For the benefit of those in
copy David Brill can be reached at: David Brill,
dbrill@windstream.net , (386) 266-8033
I will copy Brill so he can prepare.

Following Pecoraro's misuse of the forensic information in the October
8, 2010 introduction, He restated this information multiples of time
for the Financial Services Division of the State of Florida. He
actully did it from multiple letterheads, vantage points, and
positions as he was promoted through your system. Since he willingly
and knowingly sent 2 or more state responses committing acts of fraud
from each position (Aequicap as agent, CastlePoint, and Tower Group)
he has successfully penetrated a number of veils and has negated your
efforts to insulate yourself for protection. Since the idiot failed
to manage your risk and involved your corporate office in New York he
crossed state lines making this New York and Federal offenses as well.
This continues spiralling further and further out of control,
meanwhile your claims manager gives us this "My way or the highway"
attitude advising that he refuses to deal with us and that we must
seek legal action............These are very questionable tactics, but
one that a criminal committing fraud may try. Whereas the idiot has
tried to use this "reservation of rights" to hide behind it does not
hide or undo his fraud, attempts at fraud, bad faith, etc. It
actually re-inforces it.

You can clearly divorce yourself from this turd, Pecoraro, or continue
to buy in to his criminal behavior. Unfortunately for the CPCU/SCLA,
your company, etc I will not stop before exposing John R Pecoraro and
those who associate with him. The CPCU has to search long and hard
for a reason to keep this clown endorsed, because as you will soon see
press releases are soon to go out making the insurance world aware of
Pecoraro's ethics inquiry and Code of Conduct probe. If the CPCU
fails to take action they risk embarassing their whole member base.
As they read through the claims correspondence, filings, and notes
made available herein and online they will see that exposing criminals
is what is taking place. If they think/do rightly they will separate
their members from the fallout from Pecoraro's behavior. You might do
well to do the same.

Clearly Pecoraro was wrong when he advised in March 2011 that the only
recourse was the civil court system. There are a few more steps one
can take and apparently you folks do not know what they are. I
advised Pecoraro in September/October 2010 that incompetence would not
be a good defense. Odd that incompetence and dishonesty was so easy
to spot so early on.

INFORMATION
David Brill Filing:
http://www.frauddocumentation.com/towergroup/castlepoint/personnel/davidbrill.htm
Complete file/loss correspondence
http://www.frauddocumentation.com/towergroup/castlepoint/correspondence/correspondence.htm
John R Pecoraro's introductory letter/fraud/amidst bad faith allegations
http://www.frauddocumentation.com/towergroup/castlepoint/correspondence/2010.10.8Pecoraro2TW.htm
John R Pecoraro's state filing:
http://www.frauddemonstration.com/media/statefiling1Aequicap.jpg
2010.10.13 John R. Pecoraro's first state filings in the loss referred
to herein contained frauds, deceptions, concealments,
misrepresentation of material fact, and more. He knowingly and
willingly lied to state officials in his filing in an effort to avoid
liability in what his own investigator stated was a million dollar
loss. The first filing made by Pecoraro's organization at the time is
found at www.FraudDocumentation.com/media/statefiling1Aequicap.jpg  .
Note: This filing was made to the state and not sent to the
victims/offended party as required. To obtain copy of this document a
Freedom of Information Act discovery was required. It almost makes
sense that Pecoraro would try to hide his deception and fraud in this
manner.

December 15, 2010, Monica Sturm of Aequicap (Later to be part of Tower
Group) posts a response to the Civil Remedy system on behalf of John
R. Pecoraro making herself part of his game of fraud and
deception.168836 11/1/2010 WHIDDEN FRANK R. DELGADO YERA / OLIVA
DELIVERY SERVICES AEQUICAP INSURANCE COMPANY

John R Pecoraro's state filing of December committing additional state frauds
http://www.frauddemonstration.com/media/PecoraroDecember2010statefiling.jpg

John R Pecoraro files his "myriad of complaints" letter with the
state, meanwhile continuing bad faith abuses and fraud, while NEVER
ADDRESSING a single concern of the "myriad".
http://www.frauddocumentation.com/media/PecFeb2011statefiling1myriadofcomplaints.jpg


All the above letters and more in their entirety are available at the
website www.FraudDocumentation.com .

Meanwhile, Florida ethics laws require all licensed insurance
professionals to report in writing any and all criminal activity to
which they are aware, lest they themselves are guilty of ethics
violations. Elliot! Michael! Your whole organization and those
under the employ and direction of John R Pecoraro CPCU/SCLA are guilty
of ethics and code of conduct violations by following their leader.
Will the CPCU and others continue to associate with the likes of you?
We shall see.

I look forward to an early efficient meeting to resolve all of our
outstanding concerns. I remain open, and you will have great
difficulty explaining why you are not open. Please understand that
any contact from John R Pecoraro was assurance and continuance of Bad
Faith as soon as he responded. By responding and committing fraud in
his introduction amidst bad faith discussions, he discredited himself
at the beginning. Any and all contacts from him while we called out
for someone of integrity and honesty were continued bad faith. Your
company is guilty on a number of counts. You still have a scape goat
in this "claims manager". Hold on to him and ride this in to the
ground with him.

I encourage a meeting to resolve these outstanding issues.

Sincerely,

Ted Whidden







On Fri, May 27, 2011 at 7:46 PM, Ted Whidden <www.tedwhidden.com> > wrote:
> 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
>
 
 
 
=====================================
 
REPLY RECEIVED FOR THE JULY 4, 2011 MESSAGE
 

---------- Forwarded message ----------
From: Maier, Gary <GMaier@twrgrp.com>
Date: Mon, Jul 4, 2011 at 7:10 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 traveling on compnay business Mon and Tues, July 4th - 5th. If you need immediate assistance, please call Bruce Sanderson (631-465-1301), Mark Smith (212-655-1044), or Angelica Facchini (212-655-2078). 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.
 
 
 
=====================================
 
REPLY RECEIVED FOR THE JULY 4, 2011 MESSAGE


---------- Forwarded message ----------
From: Guiry, Martha <mguiry@twrgrp.com>
Date: Mon, Jul 4, 2011 at 7:10 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 Tues. and Wed. 7/5 and 7/6.

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.

 

 

 

 

 

 

 

 

 

 

 

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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