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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 Filings 181913

Pecoraro's profile is split in three ways on this website consistent with three of the letterheads, companies, and entities from where he approached us to perpetrate his crimes.

John R. Pecoraro of Aequicap

John R. Pecoraro of CastlePoint

John R. Pecoraro of Tower Group

 

CastlePoint and John Pecoraro Fraud Violations (examples):

This filing focuses on the state and federal frauds/violations/charges under CastlePoints's handling.

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.

Some of the examples of fraud, federal mail fraud, fraud to a state agency, and other violations are found in John R. Pecoraro's state filing under the CastlePoint name (note envelope for filing).  www.FraudDocumentation.com/media/PecoraroDecember2010statefiling.jpg ,www.FraudDocumentation.com/media/PecoraroDecember2010statefiling2.jpg , www.FraudDocumentation.com/media/PecoraroDecember2010statefilingenvelope.jpg

February 22, 2011, Notice John R. Pecoraro sends a letter from his new position at Tower Group, explaining he is/was manager of claims for a period at CastlePoint, and transitioned over from Aequicap.  In this letter Pecoraro implicates each company which appears to have knowingly supported Pecoraro's abuses thus far.  As one can see each company and Pecoraro himself are jointly and separately responsible for this activity.  It appears a part of their corporate culture and the companies have made an example of Pecoraro by promoting him while doing this behavior.  See www.FraudDocumentation.com/media/PecFeb2011statefiling1advisingtransitionofcompany.jpg and www.FraudDocumentation.com/media/PecFeb2011statefiling2advisingtransitionofcompany.jpg

 

John Pecoraro (CPCU, SCLA) appears guilty of knowingly, willingly, and repeatedly committing fraud.  It appears a pattern of behavior and potentially part of the corporate culture and operating procedure for this person.  Mr. Pecoraro has committed his frauds personally and corporately.  He has committed multiple counts of fraud under each of several places of employment and under multiple positions he has operated under.  These are not only each and separately chargeable, but in many instances Pecoraro's fraud will constitute both state and federal violations.  Pecoraro has been advised many times of his unlawful activity, yet continues to commit frauds under the corporate names of Aequicap, CastlePoint, and Tower Group/Tower Insurance, and potentially others.  He has used various company names which appear to be "shell companies" set up to hide or avoid liabilities.  Some of these entities have already failed since incident which initiated my introduction to this company.  Additional filings will be made to try to locate the real entity in this "house of cards" to avoid liability.  Each corporate entity has been advised and is separately and individually responsible for the acts of fraud conducted while Pecoraro was under their employ/agency agreement.  Pecoraro himself privately and personally is equally responsible for each act or omission leading to fraud.  Violations were committed that constitute both state and federal offenses.  This filing will cover state and federal offenses for the company listed in part against the company above.  Charges outlined herein will demonstrate specific correspondence issues wherein Pecoraro and his principles are responsible.  Because of the nature of Pecoraro's deviant behavior each one can/will be addressed separately in both state and federal courts, under each of three corporate entities for a total of no less than 6 cases.  Each case will focus on a document set with the other documents utilized as support documents.   This should serve to put Pecoraro and his employers in six (6) unwinnable situations, all by way of Pecoraro's maneuvering (apparently at the behest of his employers).  Additionally Pecoraro's mishandling of the case extends fraud, party to fraud, and ethics/insurance violations to as many as 30 other people under the corporate umbrella of the parent companies.  We reserve the right to pursue each one separately, specifically, personally, and/or corporately as we choose.  Some of those filings will be made this day so that the 60 day window of opportunity for resolution all begins and runs out at the same time.  This should soon become an extremely costly endeavor for the devious side of the equation.

The charges outlined herein will be pursued in both state and federal court at the option of the victim.  In many of Pecoraro's violations his use of interstate offices, entities and U.S. mail takes his state violations to the federal level.   Additional charges and violations are attributable to Pecoraro's underlings.  Theirs will be addressed separately giving the parent entities still more violations to address in similarly unwinnable conditions, thus uncovering what appears to be a corrupt corporate culture headed in part by Pecoraro.

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 .

All adjusters, whether company, independent, or public, have significant ethical obligations in Florida. Indeed, these adjusters even have an obligation to turn each other into the Department of Financial Services. The failure to do so is, by itself, a breach of the adjuster’s ethical obligations:

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.

The handling and behavior of John R Pecoraro in the claims handling referred to in the event description is rather parasitical in nature.  He has used tactics to purposefully delay and deny the ultimate liability, thus mushrooming the losses and exposure for both the victims and his client companies.  His wreckless, incompetent, and dishonest handling has greatly escalated the losses, frustrations, pain and suffering, financial losses, consequential damages, etc to unfathomable proportions.  This is all orchestrated by a person who failing in their duties to properly investigate a loss, failure to properly settle a claim/incident timely, and failing to address the normal business for which they and their company have employed have expanded and exploded the legal liabilities and problems potentially for their assured, the victims in the accident, their agency, client companies, assureds, etc.  This is all orchestrated out of a corrupt and systematic fleecing of a public assumed to be unaware of their rights.  It is likely this behavior has permeated other areas of Pecoraro's business, and as he has been promoted throughout the time while these terrible crimes were committed, AND his principle was clearly advised of the deviant behavior, yet promoted him any way, it appears he and his entire corporate culture hinges on this type of handling an behavior. 

John R Pecoraro is responsible for correspondence under the CastlePoint Risk Management of Florida, Corp. on the date of December 15, 2010.  It seems that following the deviant behavior as a claims handler for a claims handling company (Aequicap) and their apparent financial failure Pecoraro and his entourage of deviants were moved to an underwriter company for which they had served.  Prior to the promotion of these people the parent company officials, board members, etc were made aware of the deviant nature of these claims handlers.  The company nevertheless promoted the deviant people and their activities it would seem.  According to a letter Pecoraro sent on February 22, 2011 from Tower Group Companies, he was promoted to CastlePoint Risk Management in November 2010.  This gets somewhat confusing because this guy seems to be a moving target running wrecklessly over victims submitting claims.  Prior to this evening's filings we filed something on the order of 6 mutliple stage filings over the last several months trying to locate someone of integrity and honesty within the group.  Our appeals to the board of directors of the parent company and others have apparently been in vain.  We have not at any time been connected with anyone in this organization who showed integrity.  Quite the opposite is true as can be seen by the numerous filings of this evening, and leading to this evening.  Further documentation of this deviant activity is being made available for public viewing at www.FraudDocumentation.com .  We reserve the right to continue to increase exposure until the underlying issues herein are sufficiently resolved.

On December 15, 2010 John R Pecoraro sent another letter to the Division of Consumer Services in response to a Civil Remedy filing by the victims of an accident on August 29, 2010.  This appears to be the 3rd or 4th filing by Pecoraro.  The earlier filings seemed to contain heavy elements of fraud, deception, and concealment of material facts, misrepresentation of material facts, etc.  It seems that every contact or correspondence with Pecoraro and his claims team have contained these types of deviant behavior.  It is quite clear, and the correspondence and responses are being made public on www.FraudDocumentation.com .  We have advised them this could be settled privately or publicly.  Their failure to respond makes it appear they like to public route.  As one can see their improper handling escalates the level, size, and depth of the deception.  We're one step away from personal assets and moving in close. 

In paragraph 3 of Pecoraro's deception sent December 15, 2010 he misses the day, date and time of the accident.  This is not only a clear failure to properly investigate and report, Pecoraro has previously acknowledged letters of September 19, 2010, and October 1, 2010 wherein the actual day, date, and time was stated as the FHP report of the incident was included as well.  As stated elsewhere in the Civil Remedy Filings on Aequicap (a one time subcontractor/claims handler for CastlePoint) and on www.FraudDocumentation.com Pecoraro's underlings advised verbally that they had a wide array of objections lined up in an effort to avoid liability in this claim (before they ever investigated.....Since they have not investigated YET, this holds true and is proved out.).  Pecoraro's underlings Rori Strickland and Keisha Pusey advised while at Aequicap (Both of these have moved onwards and upwards with their mentor Pecoraro) that their plan was to avoid responsibility in an effort to claim late notification and improper reporting as a way of avoiding their claim obligation.  Pecoraro has been corrected many times on the claim date,  and has been advised many times what is required for them to claim late/improper notification, but at this point 9 months after the wreck they have failed to get the day, date, and time or many other facts or aspects of the wreck fully corrected.  It looks like they have pulled out all the stops to avoid payment no matter what the cost.  The requirement to avoid clear cut liability is often someone must commit fraud, which they do regularly.

In Pecoraro's letter of December 15, 2010 while apparently working for a division of CastlePoint Pecoraro again uses the wording which leads to the appearance of fraud and attempts at fraud in letters earlier sent from their subcontractor Aequicap.  Pecoraro clearly repeats the deviant behavior and deception of the subscontractor while operating on behalf of his new employer.

Pecoraro states, "We retained an accident reconstruction expert to inspect the vehicles involved in the accident, and based on his inspection, it is our position this trailer was not illuminated or visible while being operated on the interstate".  What???  Do you recall what the Forensic Expert said during his attendance?  What kind of idiot would put such a statement in their state filing????  Recall we advised in other filings and on www.FraudDocumentation.com :

Mr. Brill recorded our encounter using a digital voice recorder as did www.tedwhidden.com> ">the owner of the farm (and victim in the accident).  In that recording Brill advises there is no way that a driver can be at fault in a rear end collision.  He advises that reflector lenses on the vehicles are good for more than 600 feet irrespective of illumination.  Mr. Brill advised that the reason for his attendance is to determine whether the insurance company needs to pay $800,000 or $1,000,000 to settle. Mr. Brill's "microscopic filament" photography clearly demonstrates the left rear tail light of the tow was illuminated, the truck lights were illuminated, there are pictures shared demonstrating the trailer was illuminated at the wreck scene, and the right rear trailer tail-light was clearly an operating replacement to get the WORKING trailer lights home (right rear tail-light was broken in the incident and damage removal so Brill knowingly failed to test the broken right rear tail-light).  All this should be clear in Brill's report otherwise deception and competence issues spill over.  Mr. Brill's recorded statement at the time of attendance clearly indicates that the truck and trailer was illuminated.  There is no shortage of deception on the claims handling side of this loss.  I anticipate some competence issues, but the simplicity of illuminated trailer is proven and recorded by both myself and David Brill.  Not only is/was this recording universally agreed in advance, Brill was put on notice of the ongoing fraud/deception prior to his attendance, and him and his employers were reminded of the recorded attendance the day after his attendance (Note my September 30, 2010 email to David Brill copy to Keisha Pusey, Rori Strickland, John Pecoraro, Fla Dept of Financial Services (oversight), the Florida State Insurance Commissioner, and Michael Lee (CEO of Tower Group Insurance).  Much of this information will be made public on www.FraudDocumentation.com John R Pecoraro's attempt to deny liability by way of misusing David Brill's report/attendance is clearly fraud.

These people have 60 days according to the Civil Remedy filing system to attempt to resolve their inadequacies.  As there were 6+ filings before this date we had hoped we would not have to reach out and touch so many.  We also hoped not to go quite so public as it may not be in everyone's best interest, but fear not, the public/media display shall continue and one would anticipate a sensible recipient would resolve this quietly.  If my postings seem irregular, imagine how irregular it is for an insurer to commit so much fraud and deception on a claim they never evaluated.  This appears to be a normal course of action for the insurance company.  What other explanation would work???  It indeed looks like a corporate culture of deception, and abuse as a matter of course.  Thus far they have refused to discuss any aspect of the claim, have knowingly and willingly committed fraud, and have told me that I have no recourse but to sue them in court.  It is stated, willful, and purposeful delay and an attempt to side step their obligation.  What reasonable person would have handled the claim in this manner?  Pecoraro and his team may be toxic assets for the industry as a whole.

Additional deceptions exist in the Florida Department of Consumer Services letter sent from Aequicap on October 13, 2010, but I am getting tired of writing.  Using the letter as evidence the other charges will be outlined and fleshed out as per letters made public on www.FraudDocumentation.com .

The above referenced letters/emails appear to have been sent by John R Pecoraro while under the employ of CastlePoint apparently as a service provider to other entities.  Under many aspects of law, Pecoraro can be held personally responsible because of his licensing, endorsements, and alleged experience and knowledge.  Further to this, Pecoraro's employer company, and their principles can be held responsible for the deviant behavior.  The corrupt corporate culture that appears to foster this type/style of handling often sets up "shell companies" and/or a convoluted "house of cards" to side-step liability.  At the time of this filing the State of Florida has made it public information that Aequicap as a claims handler went in to bankruptcy mid-February 2011, and receivership early March 2011.  Meanwhile, Pecoraro appears to have been promoted up the chain from the first shell company (Aequicap) to what appears to be the next upline organization.  It seems that Pecoraro and his entire staff/entourage of deviants were hired/promoted to what appears to be a parent/sister operative or organization.  This operative CastlePoint Insurance which is a puppet or subordinate to Tower Group seems next in line for the collapse.  It looks like these people set up shell companies with the intent of folding up their tents before their liabilities come home to rest.  The next set of letters we receive from the deviant Mr. Pecoraro comes from CastlePoint Risk Management of Florida.  By February 22, 2011 Pecoraro send a letter stating he is head of Claims Department at CastlePoint Risk Management of Florida effective November 2, 2010.   By April of 2011 Pecoraro writes as if he is head of claims for Tower Group Companies.  Clearly they are a fast moving operation and the deviant activity that was clearly advised to management of all the listed parents has been a promotable talent within the organization.  For a complete listing of the other filings and clarification on any and all of these assertions feel free to review the Civil Remedy filings of this day which includes filings on Pecoraro from the vantage point of each listed employer, and the board members of the companies which appear to endorse such behavior.  Clearly the web is becoming more tangled.  This is the problem with fraud and why it is often considered unlawful.  It is clear that people like Pecoraro must stay on the run, and he is considered a flight risk for his unlawful/criminal behavior.  The corporate entities who promoted this individual for this behavior obviously display lack of understanding.  Additional notices this date reveal the specific board members notified and apparently endorsing this behavior including but not limited to the correspondence sent to board members on March 23, 2011 to which none replied, and their Civil Remedy filing as a follow-up this date.  All of this is available and will be explained on www.FraudDocumentation.com

 

Febuary 2011 filing

Delay:

A certified “demand” letter for driver/trucking documents was sent to Oliva Delivery Services dated 10/1/ 2010.  The letter was signed as received 10/5/2010.  Copies of the letter were sent by mail to Aequicap, CastlePoint and Tower Group.  The letter was a demand letter for documents as a result of the claims handler(s) attempt to shift liability in the direction of the victims.  In the letter it was anticipated that the claims people at Aequicap would attempt to shift liability.  On 10/13/2010 in the adjuster’s filing to the State of Florida Department of Financial Services the claims vice president of Aequicap denied liability.  It appears the claims deviants want to “have their cake and eat it, too”.  They want to shift liability to the victim, but do not respond to demands for evidences and information to review the liability.  They cannot do both.  They are in violation of law and herein indicates/proves UNDUE DELAY on their part.

 

In our Civil Remedy filing 11/20/2010 (filing number 169110, CastlePoint; filing number 168836, Aequicap) we clearly stated that we stand by awaiting fulfillment of our demand/request of 10/1/2010, acknowledged on 10/5/2010. 

 

On 12/15/2010 the response to the Civil Remedy filing (of 11/20/2010) by John Pecoraro responding on behalf of Tower Group and CastlePoint he “rejected” our assertions of undue delay, yet their failure to comply makes his assertions appear foolish.  They have obviously delayed from 10/1/2010 to present.  Another copy (Certified receipt) of the letter was sent to John Pecoraro at Aequicap on 12/27/2010.  It appears he signed for it himself on December 30, 2010.  He quite obviously has now seen the letter, and is yet again responsible for delay.  We remain standing by for their compliance with the letter.  The letter clearly outlines the intentions of Aequicap/CastlePoint’s devious handling, and their follow through exactly as the letter outlined they would.  They have been given adequate time to respond.  Fulfillment of the demand list is required according to law no matter what their present or future stance is.  As stated in the 10/1/2010 filing they are responsible no matter what. 

 

Aequicap and their assured have failed to comply with our 10/1/2010, our 11/20/2010 follow up, our 12/27/2010 follow-up (signed for 12/30/2010 by Pecararo) and now we are in to a new calendar year 2011 and they have not complied as yet.  The claims guy Pecoraro has accepted receipt of a copy on 12/30/2010.  The claims handlers are clearly in violation of delay.  As stated in the letter of 10/1/2010 no excuse, shift, or change in tactics will absolve them of the requirement to comply with this demand.  The claims handling techniques in the early days of this loss lead us to write the 10/1/2010 letter which clearly foretold of their corrupt claims handling techniques.   This undue delay and misdirection in this loss/incident is clearly bad faith, delay, and likely will constitute attempted fraud and fraud.  Misdirection, deception, and delay is all we are receiving from these claims people and their principles.

 

Since we gave plenty of time to comply to the first request (10/1/2010) and to the second request (11/20/2010), we feel they may be hiding something.  Full compliance is required no matter what moves are made.  This is an obvious sign/proof of delay, and thus renders John Pequeno’s “rejection” of our claim of delay another attempt on his part to deceive.

 

We have made a previous Civil Remedy filing to try to get Pecararo to reveal who he is and what role he plays in this process.  He has responded thus far from numerous company profiles, using different letterheads, titles, etc.  On some of the most recent paperwork he has claimed to be Vice President of claims.  We await explanation and identification as to who we need to address and their roles in this process.

 

This “Vice President” of claims is appears guilty of:

Gross incompetence, delay and deception

Willfill and intentional misconduct and negligence

Failure to properly investigate

Incompetence, poor claims handling, improper recording

Misrepresentation

Attempted fraud leading to fraud.

Numerous Ethics Violations

The claims personnel have been advised that we intend to hold them personally, privately, and corporately responsible for their devious behavior.  This includes, but is not limited to pursuing action against their personal licenses to the full extent allowable under Florida, State, and Federal Laws.

As early as September 17, 2010 we advised the claims personnel to alert their E&O (Errors and Omissions) underwriters concerning the behavior and early violations we cited.   To this point we have not been contacted by anyone with integrity in regards to the loss. 

 

We await response to our letter of 10/1/2010, the 11/20/2010 follow up, and the 12/27/2010 follow-up (the identical letter sent 10/1/2010).  They are clearly guilty of delay and continued delay and misdirection while we await these documents almost 4 months now.

 

 

 

 

 

 

 

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