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
www.FraudDocumentation.com . As advised to the
Board of Directors on
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
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
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.
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
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.
Personal Injury Loss/Damage
incident stems from a rear-end collision on an open
clear stretch of Interstate 10, wherein a speeding,
potentially asleep at the wheel 18 wheeler driver
rear-ended our vehicles. Our vehicles included a
towed trailer with a vehicle on the trailer. At
the scene the driver gave FHP paperwork and information
confirming coverage through Aequicap. Aequicap
began by denying all coverage. They denied
coverage for the driver. They denied coverage for
the truck. They denied coverage for the company
the driver was operating for. They denied existence of a
policy. These are only a few of the many lies and
dishonesty shared by the personal injury adjuster Pusey
Eventually Aequicap acknowledged the trucking company
did have coverage of some form with them, but this
coverage did not extend to the vehicle or incident.
This was another of the many lies they told us.
Pusey claimed to be sending copy of insurance policy,
but failed to send it as promised. Eventually she
sent a policy (late) to a third party who it had been
made abundantly clear was not involved in the incident.
She was instructed to send copy of policy to the victim
(myself) in the wreck. She clearly disregarded
this request. She clearly violated the instruction
to communicate with a third party in this instance.
She clearly lied to a paralegal at a law office while
trying to con the paralegal in to divulging information.
clearly demonstrated her devious intent when she advised
the victims in the wreck that she “could do whatever she
wanted, because she was the ADJUSTER.”. For
some reason the deviant adjuster assumes she has the
ability to lie to anyone she pleases for whatever serves
her purposes. She believes she has a right to try
to circumvent the victims rights while they struggle to
get a handle on their personal injury losses.
Pusey abuses her position, and that of the victims, and
based on previous and present communications this
appears to be a pattern of business for this claims
handler group, the adjusters, and the insurance company
this point we found there was nothing we could believe
from the adjusters. Coverage has now been implied,
but not adequately verified. There appears to be
more games left for the adjuster, claims handlers, and
insurance company wish to play.
Pusey and her partner in crime (Strickland) began our
claims/loss relationship by telling several lies
regarding how claims processes worked, how their
responsibility would be involved in the loss, and how
certain things would unfold in the loss. Ms. Pusey
was dishonest early in the relationship. She was
called on it, as she was so dishonest that she purposely
made a call and lied about her access to our records,
IMMEDIATELY after being told she was to stand down and a
letter was to be sent to her outlining the
responsibility of all involved. As her
blatant dishonestly, hostility, and incompetence was
revealed we asked that she be removed from the case.
She failed to assign and appropriate manager, she
remained handling the file after our request for someone
of greater talent and integrity. Pusey is clearly
guilty of mishandling of the loss, willfull misconduct,
good faith/bad faith violations, and gross incompetence.
Pusey’s dishonesty did not appear to be very well honed,
but was often employed. On September 17th, 2010
about 2 1/2 weeks after our loss we had received so much
deception from Pusey’s partner in crime, that we called
Pusey to see who was in charge of these deviants. Pusey
was asked to put us in contact with their superiors and
to have her and her comrade removed from the file.
She did not fulfill our request, and rather referred the
call to Strickland. Pusey and Strickland called
again later in the days to come extending their abuse
and dishonesty. This is a clear good faith
violation on both the part of them and their managers.
incompetence and willful/intentional misrepresentation
followed by inappropriate handling and good faith
violations with alerts triggered our concerns. The
deceptive tactics of the handler and the insurance
company became apparent and they persist. Now as
it transpires it appears all levels of management
involved are party to the same type and style of abuses.
It appears a corporate culture. These issues are
outlined in letters to them (DTD?). We have not
obtained contact with a reputable claims person yet many
months after the loss. Our personal injuries
continue to escalate as the strain and pressures placed
on us by these abusers continue to agitate our
situation. My brother and I both were struck in
the head in this accident and recovery is slow and
awkward. The abuses of these claims handlers is an
apparent attempt to take advantage of our situation.
the initial claims denials when the loss/claim was
reported, including but not limited denial of the
existence of a policy, coverage of any form on the
truck, driver, and/or company, our insistence on
attention/action which took a couple of days and
multiple calls to make contact with a proper party,
alleged to be Ms. Pusey was put in contact with us.
She claimed to be the personal injury adjuster on a loss
that occurred just after midnight on a Saturday night,
but refused to acknowledge their was any coverage, a
policy, liability, etc. In fact, these deviants
denied all of the above.
first as victims we were run over by reckless handling
of an 18 wheeler on an open, clear stretch of road.
Now we are victims of abuse by the claims processors and
insurance company. The records of the claims group
are obviously askew because thus far their claims recaps
have all been in error. Even after correcting them
on their errors in our letters (DTD?) these people
continue to get it wrong. Their incompetence, poor
claims handling, improper recording and deception are
muddying as many issues as they touch.
have been advised verbally by the deviants involved that
they intend to deny coverage to the assured as a result
of late reporting. As they have already been
informed that late reporting can only be claimed if it
precludes their ability to investigate the loss, they
have used superficial understanding of law to complicate
yet another aspect of the claim. Meanwhile, their
gross incompetence, delay and deception is really all
that is, has, or will hamper handling of this loss.
Their incompetence in handling the facts of the case is
clearly demonstrated in their state filings, so the
anticipated excuses of late or improper handling simply
reveal their devious nature.
The day/date of the incident was August 29, at 0005 in
the morning (5 minutes after midnight) according to the
FHP (Florida Highway Patrol) report. I am not
convinced the FHP report is perfect in all respects,
because we were rear-ended by a vehicle that was not
seen until after the wreck. My passenger and I
were hit, shoved nearly 1/4 of a mile down the highway
and left with totaled personal vehicles, personal
injuries including but not limited to brain concussions.
The basic details of the FHP report have not been
properly applied to the claims file at Aequicap/CastlePoint.
In filings as recent as 12/15/2010 they have failed to
get the day, date, and time of incident correct.
For this purpose the FHP report could have been used
with some level of success. They have failed at
every turn in properly investigating, evaluating, and
handling this loss. It seems like this is some
kind of joke to them. Either they think we are
idiots, or they indeed are idiots. We may have
brain damage from the wreck, but why would they continue
to abuse our position??? They are trying to take
an unfair advantage of our situation. It is clear
throughout the case.
Ms. Pusey’s subordinate, Ms. Strickland, lied at one
point in time stating that their liability ended if/when
the vehicles were moved. This is obviously a lie,
and she was informed of this at the time. Ms.
Strickland was advised where the vehicles were located
and where they would be located. She refused to
send appropriate, timely adjusters/investigators, when
advised after the wreck. She refused immediately
after the wreck. She refused one week after the
wreck. She refused almost one month after the
wreck. Ms. Pusey was called to discuss this
apparent devious or incompetent behavior of her
subordinate, but Pusey further frustrated things by her
own similar behavior. This is outlined in the
letter of September 17, 2010, BUT Pusey and her staff
continued the abuse, and it persists to this day, well
in to 2011. We see no end in sight to the deviant
behavior of this group.
Finally, with the oversight of the State Commissioner of
Insurance/Dept of Financial Services these claims people
realized they needed to look at the trailered/towed
vehicles. They scrambled to cover their tracks and
only looked at the additional vehicles when a timeline
for response was initiated by the state oversight.
We now see the only way to get a response from these
deviants is to file civil remedy filings with the state.
They are abusing every opportunity they have. It
is astounding the level of deceit we are witnessing.
The delays of these adjusters caused a number of
problems (Delay Appears to be the intent as well as
confusion). Eventually the primary victim vehicle
in the wreck was viewed at my personal farm. The
forensic investigator sent by the claims company agreed
that the victims likely sustained a 20”G” force
acceleration when rear-ended by the sleeping truck
driver. Pusey’s partner in crime, Strickland,
arranged for a PDA (Private contractor) adjuster
inspection of the driven vehicle in our wreck.
This indicates that liability did continue to the
wrecked vehicles after they were moved.
Strickland's maneuver to "miss" a vehicle, or to force
coverage/liability in other directions was missed.
Pusey was well aware that her subordinate (Strickland)
had failed to inspect the vehicles and investigate the
loss. There is a stream of occurrences that appear to be
attempted fraud leading to fraud.
Many weeks passed. The wreck had occurred, and
Pusey/Strickland had lied to us so many times we had
requested verbally and in writing that she be removed
from the case. (See letter DTD??) Both
Strickland and Pusey were determined to be similarly
devious (subject of other civil remedy filings and
issues). (See letter DTD??) The advices and
testimony of Aequicap and insurance personnel in each
instance is questionable. We asked for greater
integrity and talent early on, but we have not been
afforded this luxury. It seems the company is
plagued with dishonesty and lack of integrity, or
nothing short of incompetence at all levels.
Under Pusey’s supervision, Strickland stated that since
there was no liability for the towed vehicle that
coverage for that vehicle would be in effect, and no
need for them to inspect was necessary. This is a
lie, and constitutes a deceptive practice and
potentially attempted fraud.
Eventually some weeks after the wreck and after
involvement of state agencies for claims oversight the
towed vehicles were inspected by an alleged "expert"
appointed by the insurance company. The towed
vehicle had been stored for an extended time following
the wreck awaiting some attempt by the adjusters to look
at the vehicle. It indicates they were using the
tactic of DELAY to attempt to "miss" their
responsibility. Their “excuse” for inaccurate and
delay in investigation is likely to blame someone else,
but their incompetence, inaction when action was
required, and improper actions when taken are why they
continue to fumble in the dark. Strickland under
Pusey’s management had previously stated weeks before
the inspection that was their intent. The extended
delay, storage, transport and handling as a result of
their mishandling has heightened losses on the
property side of this loss. They were advised in
the September 17, 2010 letter that their mishandling of
the claim was driving the claim costs and increasing
liability to their assured and their principle insurance
company. The insurance company was advised, and
they appear to endorse this devious behavior. The
wrecked vehicles were the primary transportation for the
owners. Both automobiles in the disaster were
destroyed, and the financial impact has been
devastating. The costs and losses in this regard
continue to spiral out of control with no assistance
from the guilty party.
Ms. Pusey appears to have a low level management
position in a semi-complicated ploy to avoid coverage in
this accident. The insurance claims handler and
insurance company appear to be maneuvering to miss their
responsibility. It is not really that creative on
their part, but is dishonest and devious if not an
exhibit of incompetence at all levels in the
organization. They were informed early in to this
situation that as licensed insurance professionals they
were to maintain a higher standard of behavior than they
exhibit and that incompetence is not a defense.
The Porsche a towed (trailered) vehicle was only
inspected weeks after the wreck. The inspection of
the vehicles by the “expert” as advised in writing by
Pusey violated claims protocols, notification timelines,
and other insurance issues. The inspections and
adjuster reports of this and other vehicles of the
accident have not been provided, and deviant behavior
with the handling of these reports is anticipated to
permeate throughout as has been seen throughout this
loss/incident investigation. We would like to see
the reports submitted by their third party
investigators, adjustors, etc as well as phone logs.
I request that full reports, logs, notes, recordings,
etc all be submitted to my attention as soon as
possible. Withholding of these documents, reports
and evidence may indicate future intended deviant
behavior by these people.
Pusey and her company are in violation of adjuster code
of ethics by failing to given proper notice, and time of
notice for the third party inspections. This is
one of the many violations they clearly committed.
Their third party forensic adjuster gave less than 24
hour notice for his attendance, as did the adjusters in
their last minute panic to cover the tracks of
incompetence and Pusey/Aequicap's failure to conduct
proper and timely accident investigation. (Failure to
conduct proper and timely investigation is one of their
many faults in this situation.)
As the fog appears to be clearing on some of the
medical/mental distractions of the loss, I note that
neither the third party adjuster, nor did the "forensic"
"expert" document the property losses properly.
Not only are there anticipated shortfalls and frailties
in their reporting, neither accepted the responsibility
to inspect the additional third party damages of the
loss. To both investigators sent by the insurance
company we pointed to obvious structural damages and
issues that would help to indicate the force of impact
of the disaster. Neither appear to have taken
losses for this rear-end disaster are not limited to a
truck, a trailer, and a trailered vehicle. There
were computers and equipment and original documents in
the truck, trailer and towed vehicle that have not been
considered, inspected, nor "adjusted". There is
clearly a shortfall in the investigations of the
adjuster, and the costs/losses for personal injury
continue. Aequicap’s failure to properly
investigate the loss continues well in to the New Year.
windows were blown out of all vehicles by the horrible
crash of an 18 wheeler at 100 MPH while the driver was
asleep at the wheel. Losses continue to be
discovered, but the failure of the insurance company to
properly assume their position, puts everyone at a
disadvantage. The failure of the claims people to
react properly and efficiently compromised the
investigation.................NOTE: The insurance
companies/claims adjuster devious tactics appear to be
trying to avoid coverage by way of late notification.
Late notification and the complications to such a
frivolous claim has been covered in my previous letters
to them. The inability to properly investigate is
strictly the adjuster's fault at failing to heed
advices. This is further misconstrued by the
continued lack of good faith, misrepresentation, etc.
The losses to the victims in this situation are being
greatly amplified by the improper handling and devious
nature of the claims handlers, adjusters, and insurance
The insurance adjusters(??) or claims handlers and
insurance company claim to have a statement from an
attending FHP officer. We would like to see this
statement as its apparent use seems to be part and
parcel of some more of their deviant behavior.
Their alleged statement from the FHP officer seems to
twist material evidence in the loss. This appears
to be an attempt at fraud. We would like copies of
all of this to evidence proper investigation. As
they dig deeper into what is and was originally their
job we anticipate they may have fresh, new, and accurate
perspective on the facts of the case, or they will
remain in the dark because of the early attempts to
avoid their responsibility. We look forward to
some integrity and talent being applied to this file for
resolution. The losses are massive and mounting.
We need to find a person of integrity to deal with.
The level of gross incompetence exhibited herein by
adjusters/claims handlers and insurance company is not
only an example of lack of training, absence of proper
investigation principles, but at this late date reflects
even more substantially on the lack of management and
oversight. The claims personnel and systems are