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'Ted' Theodore Lewis Whidden

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Florida filing 181934

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.

David Brill was sent out to my farm for a "forensic study" of wreckage from a traffic accident.  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.

At a later date Brill's information is conveyed by John Pecoraro stating that based on forensic study the truck/trailer were not illuminated.  One of these gentlemen are misrepresenting the truth.  John Pecoraro has proved himself to lack the integrity to tell the truth, and is suspected of and will likely be charged with this and other frauds.  Whether or not David Brill committed a fraud in handling the information to Pecoraro remains to be seen.  It appears that either Brill or Pecoraro have committed a fraud in handling the information gained from the forensic study/attendance for the wreck/incident. 

John Pecoraro has committed several additional frauds, therefore the it appears that he is the weak link in the information chain. Further to this, the claims handlers working under Pecoraro are in violation of being either party to this fraud, or having knowledge of the fraud and not reporting it as required by Florida Insurance Ethics laws.

David Brill's report/information was used (or misused) by Pecoraro in his frauds to the State Commissioner of Insurance and were later place in the U.S. mail making them federal mail fraud.

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 .

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.


David Brill

, Commercial Motor Vehicle Crash Investigation, Institute of Police Technology and Management, 2000.


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    Copyright May 2011, All rights reserved by Ted Whidden

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