www.tedwhidden.com> ">Ted Whidden
Chipley, Florida 32428
September 19, 2010
Keisha Pusey/Rory Strickland
Fort Lauderdale, Florida 33310-9088
Good faith/Bad Faith
Seizing of Assets of Oliva Trucking
Future Communications regarding loss
Oliva Delivery Service, Inc/Oliva Trucking/Oliva Family
Loss Location: W/B I-10 8/29/2010, 18 Wheeler rear ends passenger vehicles on open highway.
Aequicap Ref: ACF1001306
Ms. Keisha Pusey,
This letter is to recap our recent phone conversation(s) and to establish status of roles involved in the loss of Saturday night, 8/29/2010 (Midnight).
Your client companies (Oliva Trucking, CastlePoint, and Aequicap) and their E&O (Errors and Omissions Underwriters) need to be aware that you are failing in your fiduciary duties to protect them and their interests. Mishandling by Aequicap of the claim as early as three weeks after the loss have opened multiple points where your lack of good faith can be demonstrated. As a third party you are responsible for your actions, inactions, and inappropriate behavior. Since your client’s driver is fully responsible for our losses and damages your poor handling will likely increase litigation and/or settlement costs for your clients.
Since you have failed to confirm coverage, failed to address our third party needs, and failed to provide information on your role other than a self-appointed third party claims handler, I will keep the corporate parents in copy.
To repeat what you have now been advised multiple times, the attorney and law firm of Browning Law firm (Coy Browning) is not representing us on the personal injury portion of our loss. Mr. Browning is a personal friend who we sought advice from because of the verbal denial of coverage by your firm. He initiated some letters which were not warranted at the time. For this I apologize. Attorney Coy Browning and his office has been advised to stand down awaiting appointment on the developing issues in this situation.
If there is no coverage as stated by both you and your counterpart Ms. Strickland this opens a wide array of options for litigation against the Olivas, Oliva Trucking, and CastlePoint for failing to reinsure. Your mishandling of this case is already becoming a case of its own with legal pursuits against you and your employer available to the offended parties. Please notify all the E&O underwriters of all parties.
Your mishandling is making the case/loss bigger for your client, not smaller. Moving forward Mr. Browning may be representing us on the “Good Faith” litigation which you and your counterpart (Rory Strickland) have demonstrated. Ms. Pusey, at the point of our phone conversation of 9/17/2010, 1120 hrs you were advised not to be in contact with that law firm concerning our loss. You made contact immediately following and lied in the process.
Two weeks ago your counterpart (Strickland) advised there was no coverage on the loss AND that she would get back to me within 3-5 days on the physical damage to our vehicles. She has failed to follow through as promised. On the same day (two weeks ago) you sent a fax to the attorney referenced above inferring you were sending a certified copy of the policy. The diametrically opposed stories given by you and your counterpart concerning existence of the policy/coverage on the same day is an example of lack of good faith. Further, since your counterpart never did follow up, no coverage has been advised back to me. As you know, this may open a whole new can of worms with uninsured motorist cover, absence of certain legal defenses, and could initiate the seizing of assets of the trucking company and its owners (Oliva) by DOT. Does anyone want to risk shutting down the trucker?
Ms. Pusey when I called you (1120hrs, 9/17/2010) I was calling to discuss the lack of integrity and abuses of your counterpart Ms. Strickland (These are well documented and will continue to unfold solidifying the handling phase of any future case). As you may recall you left voice mail notice to Strickland’s manager while I was on the line. The manager has failed to respond to that request…..Immediately after getting off the phone with you, you picked up the phone and called the above referenced attorney who I had just advised you had nothing to do with the loss and whom you were to have nothing to do with. You called the attorney against my wishes and directions and spoke to the Paralegal Jennifer Berry. You lied to the paralegal and said you had spoken with my brother Ken when you hadn’t. You went against the expressed wishes of the offended party (Me) and you lied. You are a very devious person Ms. Pusey. Ms. Pusey you and your counterpart Ms. Strickland are behaving in bad faith. I have already asked you to connect me with Strickland’s manager. I now ask that you connect me with yours. For the benefit of those in copy, the problem with “good faith” in an insurance situation is often that incompetence on the part of the professional claims handler is not a defense, because you are suppose to be using “professionals”. Your claims handlers have already created, enlarged, and lost a “case” of their own making.
You are supposed to be handling a loss where your client’s tractor trailer (Oliva Trucking) operator carelessly ran over people driving on the highway. Now you and your people continue running over the victims with your shady and abusive tactics. The demonstrations leading up to this point help solidify a case regarding the handling of the loss………….and to this point your company has failed confirm coverage, address the loss to our personal property (3 weeks after the loss), and failed to follow legal guidelines as laid out for you. Based on your activity and deception to this point I anticipate more issues of this nature will develop or at least become evident as time goes on. Please make request to your managers that you and Ms. Strickland are removed from the case.
The vehicles damaged in the incident of 8/29/2010 1205AM were both primary vehicles for the owners. Since there has been no effort to settle the third party aspect of the property damage rental and replacement costs are spiraling and our losses as a direct result of accident are growing. Since you/your client will be accepting full liability in this instance these are costs to you/your client. Are you aware of how costly your actions and inactions are to those you represent? Are those you represent aware?
I understand there is a great deal of confusion already on your side of this disaster in part due to your misrepresentations, and in part due to your clients failing to accurately and timely reporting of their claim. These continued inconsistencies will likely plague this situation moving forward. As a professional claims handler you should be able to avert so many insurance, re-insurance, failure to report issues to be conveyed to the third party. Hopefully future rounds of discussion can be done at a level to where these mis-steps are not made.
I would encourage you to advise your underwriters, pool insurance, and re-insurers that your actions/inactions will likely cause the quantum of the loss/claim to exceed all policy limits. This places you, your company, your insurers, and your assured in line for payments of overages due to your mis-steps. A radical shift in your tactics is in order prior to any more of your misdirection attempts.
At present I am unable to work due to my head injuries from the loss, so until further notice I will be handling all aspects of the claim and all correspondence concerning the loss needs to go through me via my e-mail account: www.tedwhidden.com> ">TedWhiddenEmail . No other contacts regarding property damage, personal injury issues, or any other issues of the accident are warranted nor allowed.
My brother and I are anxious to see our losses quickly and efficiently resolved in this matter. I will likely be in Miami to discuss this loss and would like a meeting with Oliva, CastlePoint, and Aequicap managers to discuss how we should move forward. Please advise the contact information of those managers by return email so I can coordinate the meeting. In the meantime I will be standing by in the area at the expense of the future claim/loss awaiting such meeting.
www.tedwhidden.com> ">Ted Whidden (TedWhiddenEmail)
Kenneth D. Whidden
Gilberto Oliva, Sr
Oliva Cigar Company
6051 NW 153rd Street
Hialeah, Florida 33014-2413
Oliva Corporation, General Counsel
c/o Jeannie Oliva, Gilberto Jr., Carlos, and Jose Oliva
6051 NW 153rd Street
Hialeah, Florida 33014-2413
CastlePoint, General Counsel
c/o CastlePoint Management Corp.
New York, New York 10271
Aequicap, General Counsel
Fort Lauderdale, Florida 33310-9088
Coy Browning, Browning Law Firm
Florida Highway Patrol (FHP) Advisory Council
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"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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