Additional information, correspondence, etc on
this case is being made accessible on the website,
Frank R. Delgado-Yera was the
driver of an 18 wheeler on the night of August 28, 2010 (Saturday
night), when at
estimated 5 minutes after midnight (See FHP report) or 0005 hours
August 29, 2010 the truck slammed in to the rear-end of a vehicle
with a car/trailer in tow.
Delgado gave insurance evidence
to Jessie Stalnaker, the FHP Officer
at the scene, that was stated to demonstrate an
Aequicap Property and
Casualty policy. The Aequicap policy was later found
not to apply in any way, shape or form
to the truck/driver at the incident.
Presentation of the false document
(FRAUD) served to misdirect law enforcement, conceal the fact that insurance
had not been placed on the truck/rig, and misrepresented the
possibility that the truck was insured. This allowed the truck
to proceed on down the road following the wreck, and prevented a DOT
investigation and possibly seizure of assets. Presentation of
the fake document may have constituted fraud. The fraud
committed by Frank R Delgado-Yera at the wreck was not done soley by
Delgado. The act it will be seen was potentially part of a
plot by the dispatcher Marlen Ruiz,
owner Osmar Oliva, and/or others to
provide false paperwork/documents for the over the road truck
movement. It is not likely the trucker produced the documents
on his own without the assistance of others.
wreck occurred at mile marker 274 on Interstate 10, near Live Oak,
Florida. The truck was heading west (for Las Vegas) with a
cargo of cigars. At the scene
Delgado stated that he "looked up
and saw the lights of the truck/trailer, but it was too late."
Delgado also stated that he had only
40 hours to get to Las Vegas and he was running late. At the
scene Delgado and his
Oliva Delivery Service truck was about
2000 miles from Las Vegas. After speaking
to his dispatcher,
Delgado changed his story and
recollection of the events of the wreck. Discussions alongside
the road with Delgado made it appear
as if he
was trying to cover up his story of the events leading to the wreck.
Delgado paid a tow truck $20 to pull
his bumper out from under the vehicle and he moved on after the
wreck. Delgado was 1-2 miles from an Agricultural check
point/weigh station when the wreck occurred.
A request for documents concerning the wreck and events leading
to the wreck was sent to the trucking
company and to their underwriters.
They failed to respond to a legally proper demand for documents.
||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.
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