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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  

Florida Filing 181943

http://www.corporationwiki.com/graphs/roamer.aspx?id=38184786

Connected to Tower Risk Management Corp. as Gary S. Maier

Gary S. Maier is listed as a member of the Board of Directors for Tower Group on Reuters.com

 

Gary S. Maier's  email system acknowledged our notice of March 23, 2011 (as did the email system for Elliot Orol, General Legal Counsel).  The correspondence is posted and available for viewing at www.FraudDocumentation.com .  Note: Mr. Elliot Orol and Gary Maier BOTH failed to intervene in the "train wreck" being orchestrated by their company man, John R. Pecoraro.

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.

Clearly the attempt of an insurance company to avoid or deny liability in a rear-end collision on an open stretch of interstate highway requires fraud, deception, misrepresentation and concealment of material fact to support the frivolous stance.  The insurance company(companies) clearly responsible in our wreck have used many devious tactics to sidestep their liability, in fact there may not be a single ethics or insurance law that has not been violated by the deviants.  Clearly the corporate structure appears to be set to similarly deceive, conceal, and misrepresent ownership, interests, and liabilities/responsibilities.  Since fault in a rear-end collision is absolute and irrefutable, we are continuing to notify entities, sub-entities, management and board members of related companies in an effort to connect with a responsible party who understands the writing on the wall.  The purported claims manager is clearly a dishonest person committing multiple acts and attempts of fraud.  As we reach out to branches of the corporate parent companies we hope that a reasonably responsible person will come forward to accept the liability and responsibility, lest the wounds continue to fester and cause further undue hardship to the multiples of victims in this claims handling fiasco.

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 .

69B-220.201. Ethical Requirements.

(Rule 3g) An adjuster shall promptly report to the Department any conduct by any licensed insurance representative of this state which violates any provision of the Insurance Code or Department rule or order.

 

On a clear August night one of the Tower Group Company's assureds engaged in a type and style of driving (deemed careless by FHP in attendance) that may constitute reckless endangerment and criminal negligence.  Tower Group/CastlePoint's assured left a trail of debris on the highway 1000+ feet, and shortly thereafter the Tower Group claims handling team began a similar form of what appears criminal recklessness in their handling of the claim.  Fraud, attempted fraud, and good faith/ethics violations abound, and it appears to be a matter of business practice within the company.

I am not sure if the criminal actions of the Tower Group family of companies under your direction would be considered to be domestic terrorism, but it is likely they border on same.  On August 29, 2010 at 0005 hours into the day (5 minutes after midnight) I was in a horrible rear-end collision in which one of your assureds apparently asleep at the wheel in a run-away 18 wheeler at speeds approaching if not exceeding 100mph slammed in to the rear of my vehicle and shoved it a grand total of nearly ¼ mile down the road.  Fraud was committed at the scene by the driver/driver company, and the pattern of fraud and attempts at fraud seem to perpetuate in the claims handling process when viewing this claim handling and denial by Tower Group company, their agents, and subsidiaries.  The incompetent and dishonest claims staff, management, and their corporate parent for the runaway truck appear to have denied liability for frivolous reasons numerous times, all of which contain or constitute multiple counts of fraud from multiple arms of the organization.  The denial copies in the State Financial Services filings have been mailed to myself and others using virtually every type, style, and design of your corporate family letterhead.  THIS constitutes federal mail fraud on top of the mountain of legal violations in Florida, New York, and Federal by way of interstate commerce.    If the directors were unaware of the reckless behavior of those in and under your employ then let this serve as your notification.  You are now (if not before now) party to the violations/offenses/charges.  This should constitute at least your second notice.  The first private notice was sent via email to you (and each one of the directors) on March 23, 2011.  Example of the correspondence can be seen on www.FraudDocumentation.com .

Please allow this to serve as your notice for the initiation of all Florida state, New York state, interstate and Federal court filings that shall follow.  Before ending this notification to you and the State Commissioner of Insurance/Finance of the state of Florida I will be filing a number of "civil remedy" notices for the personnel within your employ.  I will file separate Civil Remedy filings this date to outline personal, professional and corporate charges involving many of the rest of your organization in hopes that they will be properly notified by your organization of their mention in the public record system.  Since many of them are licensed professionals this opens a wide array of venues for us to address the issues at hand and to obtain satisfaction in our losses.  (Since the charges are so numerous and convoluted I reserve the right to post them on an Internet resource so everyone can fully see the entanglement your claims Vice President Pecoraro has knowingly, purposefully, and willingly orchestrated.  Termination of his employment will likely be a prerequisite in any claims negotiation or settlement.  Pecoraro is not welcome in any form of involvement in reconciliation of this loss.  He has repeatedly displayed a lack of integrity and dishonesty in his dealings with us which began with his first introduction October 8, 2010 frauds.)

It would appear to me that as a “Director” of a parent company then you have a great deal of input and/or responsibility in the “Direction” of a company.  As a result of this filing, additional filings, and filings to come you will see I have adequate documentation to reveal that you and your associates sit atop a corporate structure and culture that operates and promotes a wide array of fraud, attempts at fraud, and patterns of fraud making such deviant behavior not only appears a way of life, but an everyday course of business.  It appears that you operate a corporate culture with fraud as a core tactic/strategy.  Thus far it looks  from where I sit like every single person in your office/system who has had any contact with us or our file is potentially guilty of multiple counts of “Bad faith”, attempted fraud, and/or fraud.  Not only has the actions, inactions, and correspondence by way of the corporate officials helped to penetrate the corporate veil, we have in writing correspondence your home office endorsing such bad behavior.  Your CEO, Michael Lee, has been kept informed since the early days, yet he has not made the proper moves to remove the bad elements from the claims handling process.

As a director of the company it does not take a huge leap of faith to demonstrate you are party to the frauds, patterns of fraud, and corporate culture of fraud.  This is your second notice.  Your first notice was privately via e-mail.  Once you were privately made aware on March 23, 2011, no effort was made to remedy the www.tedwhidden.com> ">problem for the victim.  Silence from the board after an appeal from the victim likely indicates an endorsement of the behavior leading to this point.  Of course Florida insurance law and ethics mandates you and your adjusters disclose in writing any and all unlawful or criminal behavior which you are aware of.  If you or your personnel fail in this area or have failed to this point, then you are party to the crimes.  You are on notice.  A moral, ethical company or individual would make proper actions to rectify the root problems which have brought us to this point.  You and your company are guilty on all charges.  This will be made available soon to demonstrate all of this for public viewing and consumption if you wish.  Launch of the public resource at www.FraudDocumentation.com will allow the viewing public to access correspondence and file information that was encouraged by your team to keep hidden from view.

The conventional legal approach to your abuses would encourage the victim to remain a victim and help you to hide your wrong doings.  As a public service we reserve the right to make this public.  You are being advised of potential litigation that could affect your stock valuation.  Your moves continue to be subject to SEC investigation.  You have been notified in a public forum.   As advised to you in our March 23, 2011 notice to each of your board members your actions may constitute an SEC (Securities Exchange Commission) violations on top of the mail fraud, patterns of fraud, etc.   This notice will now serve as notice to SEC of same to your corporate activity.  You have profited off deviant behavior of others.  It is time it stopped.

I reserve the right to share the enclosed information, previously shared information, and any/all information I deem fit in regards to this event.  Someone, some way, somehow needs to stand up to the devious behavior to which you and your company are subjecting the public.  In past cases it was likely not in the best interest of the victim of your crimes to expose the criminal corporate treatment of victims, because the perception was that if they affected the financial well-being of your company there would be no financial reserve to pay their financial reward.  Someone must take a stand for humanity.

Your operating company’s behavior throughout our incident handling has demonstrated a lack of integrity at every point of contact, and your people have avoided the notices of good faith violations and such.  In fact, 2 ½ weeks after the accident we had advised everyone we were in contact with in your organization that they were in violation of law in their handling of our case.  We have acknowledgements from your corporate office in New York, your subsidiaries in Florida, and your claims agents.  They not only ignored our desires to quickly and efficiently resolve the loss, but they ramped up the abuses and your claims manager committed fraud (multiple acts) when he introduced himself to us (See filings on John Pecoraro).  We have now kept them in correspondence for six months as we sort through the rubble of our lives.  Meanwhile your people have continued to solidify their devious and wrongful approaches, and as their errors in each instance fell in your corporate favor each time with the same resultant (No liability in a rear-end collision, with no coverage???????) your culture, patterns, and dishonesty seem pretty firmly entrenched.  Your head of claims exemplifies the actions and behavior of the group.

To give respect where it is due, we contacted your CEO Michael Lee early on to advise him that if the handling patterns continued, then he would be held liable as endorsing this behavior.  Not only did his office respond, they committed multiple misrepresentations in that letter, and put it in the mail!!  FEDERAL MAIL fraud AGAIN?!  Since then I have copied Michael Lee and his protégé/assistant (Lowell  Aptman) on about a dozen more electronic messages keeping him fully informed of the continued activity.   As you can see we have full endorsement of the horrible behavior from the top to the bottom of your organization, and you are a director responsible for the direction of the company.   You will see additional filings this day and prior to this that should shed light on this activity and our pleas and appeals for integrity. 

Unfortunately, within the first 2-3 weeks following the incident the words “fraud” entered in to describe your claims handling style.   At that time your claims staff, claims, manager, Michael Lee, and all those involved at the time were advised to notify your Errors and Omissions underwriters.  Often the mention of fraud and/or the advice to contact them should be a warning and should be followed.  Not only did the abuses multiply and escalate, but your failure to follow through will likely eradicate your use of E&O as we move forward.  Just as your people originally in this loss tried to avoid coverage for your assured by advising “late notification” your E&O will now likely be able to use the same denial to reject your claim.  We shall see.  As we move forward you definitely want to get them involved, because your failure to this point is likely a violation of your agreement. 

The criminal activity and/or appearance thereof your company uses is really about saving money, isn’t it?  You have profited off these processes and procedures.  This could mean a corporate culture of deviants has supplied your lifestyle.  Everything you own could be at risk.  We find ourselves in a very interesting place.   Your unlawful rejection of liability and perpetual abuses of the system are causing a substantial amount of distress to victims………….Review our file.  Review my correspondence to those you have employed.  In a court of law you haven’t much to hold on to, and with each passing day we have fewer reasons to resolve this prior to arriving at court.  With every passing day our case becomes stronger, and yours of course is weaker.  Is this what your stockholders invest for?  Incompetence?  Incompetence and dishonesty at all levels with ever increasing liabilities?  This is all about risk management and your group is doing a poor job of it.

By now you might be thinking I have a head injury!  How perceptive!  I do as a result of the horrible wreck your assured put me through.  I was run over by an 18 wheeler, and then run over by mishandling of the claim.  I am not sure which has produced more abuse, but my days aren’t as good as they once were, and have been getting worse.  Doctors indicate my brain damage could be considered permanent at this point and only therapy to cope can be given. 

Have your people looked in to the nature, cause, and extent of damages?  NO!  (Failure to properly investigate)  Do they know the extent of personal injury, physical damages, etc?  NO!  Failure to properly investigate a loss is a violation in the state of Florida and your people have failed at each turn.  Your claims handlers have left your side defenseless and as advised months ago their misbehavior is creating damages and losses greater than the original incident.  The largest “wreck” may be your claims handling style and frauds.

Documentation of this file is vast.  The cries for help, pleas for resolution and/or assistance have been going for months.  We have been ridiculed in writing by your claims manager, shunned, offended, lied to, deceived, and have no faith in the personnel you have in place.  The abuses of your agent may constitute harassment, slander, libel, defamation of character and you/your people should be restrained or prevented from insurance activity until this is resolved and your corporate culture is re-trained.  The mental pressures for us have been overwhelming.

As director you are responsible for direction; and you and your stockholders have profited from ongoing unlawful behavior.  It appears to me that you are part of a 1 Billion Dollar enterprise conducting organized fraud.   It seems to be organized crime as a form of domestic terrorism.  Can you see this?  Your corporate culture repeatedly and purposefully insults and abuses the public EVEN following numerous advices, warnings, and filings to make them aware.  We have been pretty tolerant to this point.  As it continues the web of deception and the depth of deceit has expanded to the parent.  How far should this go?

You personally, professionally, and corporately are to be held liable for losses and penalties resulting from activities which have been and which are being unveiled under the Florida Public information system in connection with the incident which occurred at Mile Marker 274, Interstate 10, Near Live Oak, Florida 8/29/2010 at 12:05 am (0005 hours).

As stated by your claims agent/manager (who has been promoted following written advices of his devious nature) overseeing your operations, there have been a “myriad of complaints” regarding this incident.  All complaints are valid and supported and not a single one has been addressed.  This will constitute a MOUNTAIN of good faith violations for which he and your companies are responsible.  Rather than address the incompetence and deviance in your management and your group you have acquired, promoted, and sheltered operatives and sub-entities in the criminal activities.  We hold you and your stockholders fully responsible for the actions and inactions of those under and connected to your direction. 

As always, prompt contact to amicably resolve this is everyone’s best option.  I look forward to someone of integrity with an interest to stop this train wreck contacting me. 

This notice extends to all the Tower Group Companies, including but not limited to CastlePoint, SUA Insurance, Tower Insurance of New York, and the myriad of shell companies and LLC's set up apparently to avert financial responsibility for actions and inactions.

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.

 

From Reuters.com

Maier, Gary Mr. Gary S. Maier

joined the Company in June 2005. Before joining the Company, Mr. Maier

served from April 2002 to September 2004 as Senior Vice President and Chief Underwriting Officer of OneBeacon Insurance Group in New York. In his role at OneBeacon Insurance Group, Mr. Maier

managed the New York and New Jersey territories. From February 1987 to March 2002, Mr. Maier

served in a variety of positions at Chubb Insurance Group, including most recently as Senior Vice President and Chief Underwriting Officer of Commercial Lines for Chubb Insurance Group’s Mid-Atlantic Region, in which he managed a $400 million middle-market commercial portfolio in seven states with six field offices and a regional small commercial underwriting center.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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