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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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Florida Filing 181919

Mail fraud is covered by Title 18 of the United States Code, Chapter 63

Additional information, correspondence, etc on this case is being made accessible on the website, www.FraudDocumentation.com .

Esther Palmer once worked at Aequicap, and now apparently works at CastlePoint, which is apparently the same as Tower Group.

 

Esther Palmer, Aequicap

Esther Palmer, CastlePoint

Esther Palmer, Tower Insurance

 

 

It seems the tactic exercised by claims personnel concerning the incident listed above are attempting what appears to be an age old insurance trick to deny a claim (frivolously?) which is clearly bad faith, and have gone so far as to lie to support their stance (fraud)They have knowingly and willingly concealed and misrepresented information and material fact and recently have insisted the only course of action is litigation in court.  Meanwhile notice has been given to their board of directors who have failed to intervene, thus making the claims manager, board of directors, and all those party to this file guilty of both Intentional Infliction of Emotional Distress, and Negligent Infliction of Emotional Distress.  The clear case of fraud to avoid the responsibility is compounded by the outrageous, extreme, intentional, and reckless.   There is a clear pattern of repetitive abuses, to our vulnerable position, while the claims personnel failed in their duties to provide good faith handling, and to the contrary committed fraud.  Each member of the board of directors for failing to properly act/intervene are at the least party to the fraud and guilty of negligent infliction of emotional distress by failing to act.

In a good faith/bad faith claim insurance situation professionals are as guilty at times for not doing something as they are guilty for doing it.  Further to this the ethics requirements in the state of Florida requires that an insurance professional disclose in writing any and all criminal activity they are aware of, lest they become party to it.  In the unfolding case one lady, Esther Palmer, signed an insurance verification that was apparently sent to the victims by mistake, yet Ms. Palmer as "claims manager" never involved herself.  So as frauds and other such criminal activity was taking place she either is guilty for being involved, for not involving herself, or for not notifying authorities in writing.  She cannot avoid incrimination unless she reported the criminal activity in writing to authorities.  The victims have agreed to waive charges against Ms. Esther Palmer if she assists sufficiently with their pursuit of the other more visible members mentioned in the file.

NOTE: The victims in this abuse agree to waive any/all potential charges against others at Aequicap and associated companies similar to Esther Palmer who observed the criminal behavior and eventually left the company.  This should allow and encourage others who after reflection on their operations see the terrible frauds, plots, etc instigated by John R. Pecoraro and others.  Please review the files, John R. Pecoraro, will be pursued.  Those associated with him will be pursued.

Correspondence concerning Ms. Esther Palmer formerly of Aequicap Property and Casualty Company, now apparently at CastlePoint/Tower Group: www.FraudDocumentation.com/media/estherpalmer.jpg

Esther Palmer is listed and acknowledged on claims documents to be “Claims Manager” at Aequicap during a period of time where material misrepresentation, attempts at fraud, and fraud by way of acts and omissions were being committed.  As early as September 17, 2010 I as victim in the accident appealed to the managers of Rori Strickland and Keisha Pusey.  This was followed up in writing following a written appeal on September 19, 2010 (Available online at www.FraudDocumentation.com ), yet no manager came forward until we heard from John R. Pecoraro who introduced himself using fraud, deception, concealment, etc. all subject to ethics and code of conduct reviews with the CPCU and SCLA and DBPR.

I appealed both in writing and verbally regarding good faith and fraud violations of Esther Palmer's underlings.  My demands for contact with their directing manager were not fulfilled.  Palmer is in violation of a number of ethics and good faith handling issues by failing to step forward.  Further to this, Florida ethics rules and laws hold responsible all those who witness criminal and unfair acts and inactions in the insurance industry without reporting it.  In so doing Esther Palmer is as guilty for being aware of these actions and activities (even if it in inaction and inactivity) as if she committed it herself.  In fact everyone in the entire organization and outside the organization are responsible for not reporting or taking a stand for integrity in this loss, case, claim.  The lack of response from those in position indicate there is a corporate culture potentially of this type of criminal activity opening Ms Palmer, her company, affiliates, and associates guilty of personal, private, and corporate legal action.  The action/inaction of those in her claims group opens the possibility of everyone in the organization being held liable for ethics violations under Florida law.

Mr. Lowell Aptman’s letter (September 23, 2010, Page 2, envelope) very likely constitutes several attempts at fraud, and fraud itself.  Since Mr. Aptman’s letter was sent via mail on behalf of both Michael Lee and Lowell  D.Aptman with copy to John Pecoraro, and return address listing Martha Guiry, we hold each separately, professionally and corporately in violation of federal mail fraud.  Mr. John Pecoraro appears guilty of numerous counts of mail fraud as is Monica Sturm who filed these letter on his behalf.  Those feeding information to Pecoraro(Rori Strickland, Keisha Pusey, and Esther Palmer) will likely be found guilty of or party to the federal mail fraud.

It is anticipated that Esther Palmer no longer works at Aequicap since the company has filed bankruptcy and gone in to liquidation (potentially a shell game tactic by the parent and those affiliated).  Since Esther Palmer is a licensed insurance professional we reserve the right to pursue her personally and professionally for her actions, inactions and failures to report under Florida ethics and insurance laws.  By way of investigation we have learned she still has affiliation with CastlePoint/Tower Group who were the client companies likely responsible for the financial aspect her failures.

To this point it seems that every Civil Remedy Filing we have made (and there are a "myriad" of them according to some) has been responded to by the claims manager John R. Pecoraro who is clearly dishonest and incompetent as has been demonstrated in previous filings wherein the simplest of details such as day, date and time are confused by him 9 months after the wreck.  Pecoraro is clearly guilty of knowingly and willingly committing fraud as a course of his normal behavior and sticking to his frivolous and devious stance once it is revealed.  John Pequeno is clearly a toxic asset to the claim and potentially to the companies he works for.  His continued involvement after his introduction (October 8, 2010) is clearly bad faith claims handling, and shows lack of good faith, as his first frauds, lies, and deceptions were made at his late introduction.  In anticipation of continued bad faith interactions with the deviant John R. Pecoraro, I ask that each recipient to the Civil Remedy Filings of this date respond on their own.  It is everyone's best interest for the toxic effect of Pecoraro to be fully exposed and removed.  His continued existence is actually a proof of lack of good faith...............Pecoraro's assignment as claims manager was presumably to manage risk.  What Pecoraro has done is MUSHROOM the risk.  He has set an unwinnable course of action with an ever increasing cost and exposure.  Early resolution is in everyone's best interest.  Very soon all correspondence, evidence, recordings, etc will begin to be released for public viewing at www.FraudDocumentation.com .  As advised to the Board of Directors on March 23, 2011, this can be handled privately or publicly.  The choice has always been available to the responsible company, yet they chose to behave as thugs and deviants. (The March 23, 2011 notice to the Board of Directors as well as all other correspondence is being made available for viewing at www.FraudDocumentation.com .

 

624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
624.155(1)(b)(2) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
624.401(1) No person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the office, except as to such transactions as are expressly otherwise provided for in this code.
624.401(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the office authorizing it to transact the same kind or kinds of insurance in this state.
624.401(3) This state hereby preempts the field of regulating insurers and their agents and representatives; and no county, city, municipality, district, school district, or political subdivision shall require of any insurer, agent, or representative regulated under this code any authorization, permit, or registration of any kind for conducting transactions lawful under the authority granted by the state under this code.
624.401(4)(a) Any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in this state without a certificate of authority in violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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