Florida Filing 181948
Jan R Van Gorder is listed as a member of
the Board of Directors for Tower Group on Reuters.com
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
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
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
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,
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
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.
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
family of companies under your direction would be considered to be
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
was committed at the scene by
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
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
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
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
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
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
in that letter, and put it in the mail!! FEDERAL MAIL fraud
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
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
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
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
||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.
||Making claims payments to insureds or beneficiaries not
accompanied by a statement setting forth the coverage under
which payments are being made.
||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.
||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
||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.
||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.
||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.
Van Gorder, Jan Mr. Van Gorder became a Director of Tower
Group, Inc. in February 2009, upon the completion of the merger of CastlePoint
Holdings, Ltd. into the Company. Prior to joining the Company’s Board of
Directors, he served as a member of CastlePoint’s Board of Directors from March
2007 until February 2009. Mr. Van Gorder
was employed by Erie Insurance Group
from November 1981 through December 2006. He held a variety of positions at that
company, including Acting Chief Executive Officer from January 2002 to May 2002
and his most recent position as Senior Executive Vice-President, Secretary and
General Counsel from December 1990 through December 2006. He served as a
consultant and acting Secretary and General Counsel at Erie Insurance Group
during the period January 1, 2007 through May 12, 2007. Mr. Van Gorder
a member of the board of directors of Erie Indemnity Company, Erie,
Pennsylvania, from 1990 to 2004. Mr. Van Gorder
has also served as a Director
and Chairman of the Insurance Federation of Pennsylvania. Mr. Van Gorder
received a B.A in International Relations from the University of Pennsylvania in
1970 and a J.D. from Temple University School of Law in 1975.