Civil Remedy Notice of Insurer Violations
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Filing Number:     268890
Filing Accepted:  10/13/2014
   Print Filing
Complainant
Last/Business Name *  
WHIDDEN   First Name   THEODORE
Street Address * P.O.BOX 158
City, State Zip * CHIPLEY, FL 32428
Email Address TEDWHIDDEN@GMAIL.COM
Complainant Type: Insured


Insured
Last/Business Name*   WHIDDEN   First Name   THEODORE
Policy # 0317 06 13 Claim #* 0317 06 13


Attorney
Attorney is Applicable


Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name   UNITED SERVICES AUTOMOBILE ASSOCIATION (25941)
 
Name of individual responsible for violation (if any):
Type of Insurance * Auto   
Reason for Notice *
Claim Delay
Unsatisfactory Settlement Offer
* Statutory provision(s) which the insurer allegedly violated.
 
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)(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.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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)(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. 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims. BAD FAITH Practicing Medicine without a license Conspiracy (Numerous) Fraud Aiding and Abetting the Frauds of others Attempted Fraud Failure to fulfill agreed payments on account Material Misrepresentation of fact Unlawful Delay Intentional infliction of emotional distress Negligent infliction of emotional distress Conspiracy to Defraud Fraud, Mail Fraud, Wire Fraud Concealment (numerous counts) Material Misrepresentation of Fact (Numerous Counts) Commercial scheme to defraud(§817.034 Florida Communications Fraud Act.), Extreme dishonesty and corruption seems to pervade all communication attempts with USAA and their agents. They are destroying and/or concealing documents presented by the assured. The material misrepresentations of fact have become common place. The only way to get these crooked bastards to respond is to file a Civil Remedy filing. They have failed for months to properly acknowledge, address, or adjust documents of all manner. Their responses to the Commissioner of these filings remain riddled with fraud and deception, while waiting until the last possible moment (abusing time/delay) to file their dubious statements and unlawful pursuits. Thus far it appears virtually every response and every filing is an attempt to further their ruse(Conspiracy to Defraud). Specific deceptions are listed herein and in previous Civil Remedy filings. The characters involved have so severely corrupted this relationship there is Bad Faith on part of the underwriter in every relationship. Thus far it seems everyone who has touched this file have committed their own frauds it seems in an effort to further the frauds of others (Aiding and Abetting). Evidence of a conspiracy is abundantly clear..............Surely all are aware that every written denial of the truths I speak are additional misrepresentations to further the Fraud. We see this in every Civil Remedy response. The assured persists patiently awaiting someone of integrity, honesty, and intelligence to come to the forefront. Thus far USAA have failed to provide anyone of integrity to deal with. As a result of a rear end collision of August 29, 2010 the assured, Theodore L Whidden, incurred substantial financial, physical, mental, and psychological damages. Whidden had paid premiums long term for coverage to be provided by USAA, but USAA has failed to provide proper coverage or coverage responses. Whidden was allegedly insured for PIP, Medical payments, and Uninsured Motorist coverage by USAA insurance. USAA insurance implemented an unlawful approach to their claims handling in an effort to avoid payments under the PIP and Medical Payments, and furthered this to delay payments promised and required by law under the Uninsured Motorist cover. Many of these offenses are subject to previous Civil Remedy filings and responses. USAA and their appointed agents/attorneys from Boyd and Jenerrette, have furthered their criminal deceptions and approaches to claims handling, and would appear to have "perfected" their crime/fraud by exhausting the statute of limitations on the civil approach to claims handling on two of three policy types. With this in mind their attempt to commit fraud and other felony abuses in the remaining policy (Uninsured motorist) is abundantly clear. Intent, motive, and technique is established. The assured has filed numerous Civil Remedy filings, yet USAA and their agents continue in their irresponsible and often unlawful response to the filings. USAA and their agents have not made proper attempts to address or resolve the long outstanding issues, and have not curtailed their unlawful approach. They persist in using the process in unlawful manner to avoid and delay in their obligation. In so doing have created substantial suffering for the assured, including but not limited to aggitating the original conditions, diagnostics, treatments, and therapy thereof. Early on in the process USAA went mostly silent for some 2 years hiding behind a ruse claiming the assured's early coverages (PIP and Medical payments) were exhausted when in truth they were not. Those frauds and attempts at fraud as well as other related issues outlined in Civil Remedy filings have now been perfected, in that civil court statute of limitations appears to have been successfully exhausted thru delay by the criminally operating legal team appointed and directed by USAA. The USAA crimes are perfected in this regard and their legal team are party to same, as well as guilty of their own. When USAA emerged from hiding the USAA claims team made verbal offer followed up in writing for partial settlement on November 19, 2012. Following acceptance of their offer USAA (as guided by their legal counsel) failed to fund. This is failure to fulfill a contract and a taste of the bait and switch tactics they employ routinely to deceive the vulnerable. Their legal counsel continue to misrepresent material fact as to the agreement and intent. USAA has failed to fund for approximately 4 years. Legal counsel's involvement for almost 2 years in this ruse clearly makes them responsible in conjunction with their client, and their client responsible for attorney misdeeds. We have advised both USAA and the law firm to notify their Errors and Omissions underwriters. If they have failed or fail to do so from this point forward then very likely their E&O can avoid coverage as they are deeply entrenched in a seemingly unlawful criminal operation. The numerous frauds penetrate all corporate veils and remove any statutory limits of liability or statutes of limitations. Following acceptance of the offer for partial payment (11/2012) by the assured (Theodore L Whidden), USAA failed to fund and instead appointed criminally operating attorneys from the firm of Boyd and Jenerrette. These attorneys have furthered a wide array of unlawful issues to further the Bad Faith claims handling approach of their benefactor. Meanwhile, it is clear to any moron that Bad Faith is the will and intent of USAA and their agents, attorney Kristen Van Der Linde and Attorney Kathryn M. Oughton. Whidden has remained open for any and all offers to be paid via electronic wire transfer with instructions given to USAA's legal counsel at the HOAX EUO of February 2014. No agreement for a final settlement is required for payments on account that are now some 4 years late at the outset. The assured has available third party witnesses who are aware of the nature and content of attempts by the lawyers Kathryn Oughton/Kristen Van Der Linde team to commit collusion with the original opposing attorneys in the third party claim relating to the loss of August 29, 2010. The assured has legally recorded evidence and first and third party statements and proofs available to Whidden that the Kristen Van Der Linde/Kathrun Oughton team have purposely concealed documents relative to this case, thus committing FRAUD and a number of abuses to frustrate and take undue advantage of the USAA assured, Theodore L. Whidden. This hooligan claims team have demonstrated Numerous failures to acknowledge, address and adjust reimbursements some nearly 4 years in arrears, is conduct whith our legislature intended to prohibit when it enacted Florida Statute 624.155 WHICH STATES THAT: "AN INSURANCE COMPANY ACTS IN BAD FAITH IN FAILING TO SETTLE A CLAIM AGAINST ITS POLICYHOLDER WITHIN POLICY LIMITS, WHEN, UNDER ALL OF THE CIRCUMSTANCES, IT COULD AND SHOULD HAVE DONE SO HAD IT ACTED FAIRLY AND HONESTLY TOWARDS ITS POLICYHOLDER AND WITH DUE REGARD FOR HIS/HER INTERESTS." I have advised the Commissioner's office numerous times of the incompetence and/or corruption of the legal counsel appointed by USAA, yet in the response to Civil Remedy 258522 it is noted that Attorney Kathryn M. Oughton continues her lies and pattern of lies under written oath. Her lies and those of her counterpart (Kristen Van Der Linde) and their team are so pervasive we can anticipate them at every turn. They seemingly operate outside the law at the expense of their client to abuse members of the public. Noting specifically in the lying letter to the Commissioner dated August 5, 2014. In that CRN response the crooked attorney Kathryn Oughton states the following: "Moreover, neither the insured nor any of the individuals listed in this CRN were provided a copy of the CRN by the insured." This statement is clearly a lie. It was meant to be a lie, and is nothing short. The attorney has now filed their lie with the Commissioner, mailed it in writing both regular mail, and certified, and sent it via email as an electronic document. This at a minimum constitutes Fraud, Mail Fraud, and Wire Fraud in that it is a material misrepresentation of fact. This is very common when dealing with these attorneys and claims persons of USAA employ. USAA personnel have been advised numerous times of such BAD FAITH dealings as evidenced in the Civil Remedy filings to date. Clearly the CRN notice of 6/6/2014, numbered 258522 as filed was an appeal by the assured to get USAA to raise the level of integrity and honesty in their claims handling team. Clearly it was an appeal to remove the criminally operating attorney group, and an opportunity to notify USAA (and the Commissioner) of the criminals operating under the guise of legal/claims representation. Clearly notice was indeed sent to USAA (Sara Sepulveda) as well as 4-5 members of the corrupt operating legal team. Multiple copies were sent BECAUSE the criminal mis-management, mis-handling, concealment, and disposal of documents and this file continues for some 4 years now. Again, a set of documents including copy of CRN 258522 was sent to the USAA claims agent Sara Sepulveda and several members of the attorneys office. The chicken shit attorney Kathryn M Oughton stating to the contrary is clearly a Fraud (Wire, Federal, Mail). This is what Whidden as an assured has continued to deal with for 4+ years now. Continuous deception and fraud. Interestingly the deceptive letter and statements of Kathryn Oughton is in response to a complaint of the same type/style issues. It continues round after round. Clearly Oughton is a criminal piece of shit, as is Sara Sepulveda for allowing this to continue. The attorney Kathryn M. Oughton has lied in her Civil Remedy filing. Kathryn M. Oughton and the legal team including but not limited to Kristen Van Der Linde, who are under the instruction of Sara Sepulveda continue in their game of manipulating and concealing documents, as well as material misrepresentation of fact. (Noting Sara Sepulveda was sent her copy CRN 258522 June 24, 2014, and staff of the crooked lawfirm of Boyd and Jenerrette were sent copy CRN 258522 on June 27, 2014. Clearly Oughton lied.) (Noting also, those copied on the above dates were notified at that time that they were party to a criminal conspiracy for aiding and abetting. The web gets more tangled as these crooked fuckers continue.) The law firm and attorneys appointed by USAA must be removed from this case in order to have a Good Faith exchange. They are merely milking an income from USAA, and blocking any effort of good will to advance this claim.It is USAA's duty and obligation to remove these crooked hooligans from the claim. USAA owes an obligation to their assured of Good Faith claims handling. Thus far, BAD FAITH and repetitive bad behavior seemingly criminal at most turns pervades every contact with this team. USAA and their agents have repetitively failed to acknowledge, address, and adjust material documentation in their file. This was demonstrated leading to the phone call offer of November 19, 2012, and in the response to their November 19, 2012 deception/offer. Documents conveyed at that time were presented at least three times since that interaction, INCLUDING conveyed during the recorded session (HOAX EUO of February 2014). Those documents have been ignored for some 2 years while demonstratively in the hands of underwriters and their agents for that period of time. This is clearly undue delay and constitutes numerous failures on the part of the underwriter as laid out in previous Civil Remedy filings. The present state of play clearly can be used to demonstrate USAA and their agents' failure to properly manage documents for nearly 4 years. This period of mis-management clearly falls under the responsibility of all those involved leading to this point. USAA and their agents have failed to acknowledge, address and adjust numerous documents including financial records conveyed to them both personally and via certified packages. Their failure to properly respond, report, record, and adjust documentation is abundantly clear. They now claim these documents do not exist or never existed. This is a lie and/or deception on their part, one of many the assured must deal with in this criminal ruse. USAA and their legal/claims agents are attempting to force some form of "offer/acceptance" situation by attempting to take undue advantage of the assured. This is clearly unlawful in its intent, implementation, and practice. In so doing, they now allege an offer or set of offers that has not been properly made available to the assured. What is the offer to settle? Where is it? What is it based upon? There are a number of critical flaws in the USAA/attorney approach to the claim. Clearly USAA has unduly delayed payment on a vast number of issues from that time and since. The crooked legal team is furthering these abuses. How on earth could anyone be expected to deal with these crooks? (BAD FAITH!??) It should be noted that these crooked fuckers under the pen of Oughton/Van Der Linde have taken many a devious tactic to bring about unlawful delay. One of their tactics is to declare that they question the "cause, extent, and damages" so to speak of the losses claimed by the assured. Meanwhile, all medical practicianers except those bought off (bribed) by USAA have declared in writing that the losses in their file are directly attributable to the subject accident, with extent substantial, and damages mounting. USAA attempted to discover pre-existing issues and found none. There is no question at this time or in the past of cause, extent, nor damages as the attorney/claims team states. The attorney statements regarding cause, extent and damges are merely the legal/claims team attempting to practice medicine without a license. The attorney's hokey deceptions are completely inconsistent with the file, and information as presented. They have not offered anything substantial to support their devious position. Despite the fact that all practicianers agree losses are substantial and attributable to the accident, the claims team continues to delay, deceive, and abuse payments owed. Duly noted on July 23, 2014 in a follow up report established that long-standing and substantial medical issues stemming from the original accident were evident 4 years after the event. This report was provided via email 2 weeks prior to the crooked August 5, 2014 letters of the attorney. The notice was made available via email to: "Kristen Van Der Linde" <kvanderlinde@boyd-jenerette.com>, "Kathryn M Oughton" <koughton@boyd-jenerrette.com>, "Cristina Perez" <cperez@boyd-jenerette.com>, "General Mailbox" <firm@boyd-jenerette.com>, "Glen A. McClary" <gmcclary@boyd-jenerette.com>, Gretchen Middleton <GMiddleton@boyd-jenerette.com>, "Peggy M. Labs" <PLabs@boyd-jenerette.com>, "Stephanie G. Igou" <SIgou@boyd-jenerette.com>, "sara.sepulveda@usaa.com" <Sara.Sepulveda@usaa.com>, deborah.cakouros@usaa.com, Bryan.Kruger@usaa.com, Any denial by any of these parties that cause and extent of damage is in question would be an unsubstantiated lie. The cause and extent is clearly established over a well maintained 4 year file. Any denial is due to lack of proper file investigation, report, and management, or simply criminal conspiracy to defraud. In itself an unlawful position given the circumstances. Any/all letters written subsequent to the July 23, 2014 date regarding cause and extent of damage is an Attempt at Fraud. All notices regarding cause and extent prior to this date should be similarly questioned/tested. The assured has provided and/or attempted to provide every item requested by these claims hooligans, but they have purposely avoided, destroyed or concealed numerous documents as evidenced since the beginning of this loss. This is clearly bad faith at a minimum, AND criminal if found to be intentional. This is indeed the practice of Sara Sepulveda of USAA and those under her employ, otherwise common sense and good claims handling practices would force her to intervene and add some level of honesty and integrity to this claims process. Of course, she has no credibility either at this juncture nor her boss (Deborah Cakouros) for allowing this abuse for the years it has taken place under her command. This is a deliberate orchestration on her part, and some of the crimes are "perfected". It is clear now that we can try and win on an "attempt at fraud" based on the frauds perfected thus far. Fortunately, the crimes they persist with penetrate all corporate veils to their personal assets with no limit of liability or statute of limitation. At this juncture each round of communication other than full payment of claim as presented is seen as an attempt to further the conspiracy to defraud. Every payment due is seen as substantially late, undue delay, and a tactic of harassment/abuse. USAA's overarching conspiracy becomes "perfected" with the next statute expiry, and anything and everything shared by these crooked fuckers is seen as an attempt to further the scheme to defraud. Since one set of frauds is already completed proof/indication of attempts at fraud are clear. Full payment of claim is required to end this circus of errors and end the abuse. Clearly this must be done without any further use or contact by the crooked lawyers of USAA employ. I reserve the rights at all times to follow with Bad Faith penalties and damages, with criminal charges to follow should they be necessary. The Commissioner must begin to wonder if these underwriters and lawyers screw with all assureds in this manner, and what allows them to take undue advantage. It is the Commissioner's office that empowers these people. Isn't it? A full scale investigation into practices appears warranted. There is no requirement to utilize policy wording to establish Bad Faith and Fraud. The legal counsel for USAA referring in their Civil Remedy responses that policy is assinine, yet they continue in this ridiculous vein. It is the assured's intention (yet not the obligation) leading to Christmas 2014 to prepare for litigation for the scheme to defraud (§817.034 Florida Communications Fraud Act.), thus removing all statutes of limitations, limits of liability, increasing penalties, fines, and imprisonment. USAA's failure to present any level of integrity allows the assured to determine which is more favorable a BAD FAITH civil response, or a CRIMINAL filing, or both at any point in time. The scheme to defraud will be seen to number once for each written attempt to further the fraud/scheme. The number of communiques will be those of/by USAA, their agents, and their affiliates. Their affiliates also to be seen as the 54 dubious Civil Remedy responses by the third party carrier USAA and their agents partied with in their attempts to defraud their assured. Further, documentation provided to the assured via the Commissioner's office as written by the legal team of USAA clearly establishes value of the loss/potential to be $750,000 to $1,000,000. It should be relatively easy to demonstrate more than 100 acts of Aiding and Abetting as well as primary Frauds and deceptions, each at substantial valuation. The criminal approach at prosecution extends all statutes and limits, penetrates all legal veils, and would seemingly be the correct response due to the attempts at legal delay by the USAA team. USAA's failure to make reasonable settlement attempts, knowing quite well that their insured is significantly impaired and negatively affected by the accident, as well as being abused by the claims process by USAA and their agents will subject their insured to unnecessary and protracted litigation in addition ot the possibility of an excess judgement. This demand is consistent with the provisions of BOSTON OLD COLONY INSURANCE CO. V. GUTIERREZ, 386 SO.2D 783 (FLA. 1980) AND FLORIDA STATUTE §624.155. Delay and avoidance of payment while generating income appears to the intention. We all know their delay is unlawful as is avoidance. We now have a host of crimes. I look forward to wire transfer of all amounts due current as of this filing date with method of transfer as outlined in the meeting of February 2014 described as the HOAX EUO, with appointment of new counsel of integrity to close this issue out. Payment is needed immediately to further diagnostics, treatment and therapy. It is seen in part as 4 years late at this time, and an attempt to cause undue distress to the assured by withholding it. It goes without saying the abuse leading to this point (and any that continues) constitutes intentional infliction of emotional distress and negligent infliction of emotional distress.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

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)(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. 626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims. BAD FAITH Practicing Medicine without a license Conspiracy (Numerous) Fraud Aiding and Abetting the Frauds of others Attempted Fraud Failure to fulfill agreed payments on account Material Misrepresentation of fact Unlawful Delay Intentional infliction of emotional distress Negligent infliction of emotional distress Conspiracy to Defraud Fraud, Mail Fraud, Wire Fraud Concealment (numerous counts) Material Misrepresentation of Fact (Numerous Counts) Commercial scheme to defraud(§817.034 Florida Communications Fraud Act.), Extreme dishonesty and corruption seems to pervade all communication attempts with USAA and their agents. They are destroying and/or concealing documents presented by the assured. The material misrepresentations of fact have become common place. The only way to get these crooked bastards to respond is to file a Civil Remedy filing. They have failed for months to properly acknowledge, address, or adjust documents of all manner. Their responses to the Commissioner of these filings remain riddled with fraud and deception, while waiting until the last possible moment (abusing time/delay) to file their dubious statements and unlawful pursuits. Thus far it appears virtually every response and every filing is an attempt to further their ruse(Conspiracy to Defraud). Specific deceptions are listed herein and in previous Civil Remedy filings. The characters involved have so severely corrupted this relationship there is Bad Faith on part of the underwriter in every relationship. Thus far it seems everyone who has touched this file have committed their own frauds it seems in an effort to further the frauds of others (Aiding and Abetting). Evidence of a conspiracy is abundantly clear..............Surely all are aware that every written denial of the truths I speak are additional misrepresentations to further the Fraud. We see this in every Civil Remedy response. The assured persists patiently awaiting someone of integrity, honesty, and intelligence to come to the forefront. Thus far USAA have failed to provide anyone of integrity to deal with. As a result of a rear end collision of August 29, 2010 the assured, Theodore L Whidden, incurred substantial financial, physical, mental, and psychological damages. Whidden had paid premiums long term for coverage to be provided by USAA, but USAA has failed to provide proper coverage or coverage responses. Whidden was allegedly insured for PIP, Medical payments, and Uninsured Motorist coverage by USAA insurance. USAA insurance implemented an unlawful approach to their claims handling in an effort to avoid payments under the PIP and Medical Payments, and furthered this to delay payments promised and required by law under the Uninsured Motorist cover. Many of these offenses are subject to previous Civil Remedy filings and responses. USAA and their appointed agents/attorneys from Boyd and Jenerrette, have furthered their criminal deceptions and approaches to claims handling, and would appear to have "perfected" their crime/fraud by exhausting the statute of limitations on the civil approach to claims handling on two of three policy types. With this in mind their attempt to commit fraud and other felony abuses in the remaining policy (Uninsured motorist) is abundantly clear. Intent, motive, and technique is established. The assured has filed numerous Civil Remedy filings, yet USAA and their agents continue in their irresponsible and often unlawful response to the filings. USAA and their agents have not made proper attempts to address or resolve the long outstanding issues, and have not curtailed their unlawful approach. They persist in using the process in unlawful manner to avoid and delay in their obligation. In so doing have created substantial suffering for the assured, including but not limited to aggitating the original conditions, diagnostics, treatments, and therapy thereof. Early on in the process USAA went mostly silent for some 2 years hiding behind a ruse claiming the assured's early coverages (PIP and Medical payments) were exhausted when in truth they were not. Those frauds and attempts at fraud as well as other related issues outlined in Civil Remedy filings have now been perfected, in that civil court statute of limitations appears to have been successfully exhausted thru delay by the criminally operating legal team appointed and directed by USAA. The USAA crimes are perfected in this regard and their legal team are party to same, as well as guilty of their own. When USAA emerged from hiding the USAA claims team made verbal offer followed up in writing for partial settlement on November 19, 2012. Following acceptance of their offer USAA (as guided by their legal counsel) failed to fund. This is failure to fulfill a contract and a taste of the bait and switch tactics they employ routinely to deceive the vulnerable. Their legal counsel continue to misrepresent material fact as to the agreement and intent. USAA has failed to fund for approximately 4 years. Legal counsel's involvement for almost 2 years in this ruse clearly makes them responsible in conjunction with their client, and their client responsible for attorney misdeeds. We have advised both USAA and the law firm to notify their Errors and Omissions underwriters. If they have failed or fail to do so from this point forward then very likely their E&O can avoid coverage as they are deeply entrenched in a seemingly unlawful criminal operation. The numerous frauds penetrate all corporate veils and remove any statutory limits of liability or statutes of limitations. Following acceptance of the offer for partial payment (11/2012) by the assured (Theodore L Whidden), USAA failed to fund and instead appointed criminally operating attorneys from the firm of Boyd and Jenerrette. These attorneys have furthered a wide array of unlawful issues to further the Bad Faith claims handling approach of their benefactor. Meanwhile, it is clear to any moron that Bad Faith is the will and intent of USAA and their agents, attorney Kristen Van Der Linde and Attorney Kathryn M. Oughton. Whidden has remained open for any and all offers to be paid via electronic wire transfer with instructions given to USAA's legal counsel at the HOAX EUO of February 2014. No agreement for a final settlement is required for payments on account that are now some 4 years late at the outset. The assured has available third party witnesses who are aware of the nature and content of attempts by the lawyers Kathryn Oughton/Kristen Van Der Linde team to commit collusion with the original opposing attorneys in the third party claim relating to the loss of August 29, 2010. The assured has legally recorded evidence and first and third party statements and proofs available to Whidden that the Kristen Van Der Linde/Kathrun Oughton team have purposely concealed documents relative to this case, thus committing FRAUD and a number of abuses to frustrate and take undue advantage of the USAA assured, Theodore L. Whidden. This hooligan claims team have demonstrated Numerous failures to acknowledge, address and adjust reimbursements some nearly 4 years in arrears, is conduct whith our legislature intended to prohibit when it enacted Florida Statute 624.155 WHICH STATES THAT: "AN INSURANCE COMPANY ACTS IN BAD FAITH IN FAILING TO SETTLE A CLAIM AGAINST ITS POLICYHOLDER WITHIN POLICY LIMITS, WHEN, UNDER ALL OF THE CIRCUMSTANCES, IT COULD AND SHOULD HAVE DONE SO HAD IT ACTED FAIRLY AND HONESTLY TOWARDS ITS POLICYHOLDER AND WITH DUE REGARD FOR HIS/HER INTERESTS." I have advised the Commissioner's office numerous times of the incompetence and/or corruption of the legal counsel appointed by USAA, yet in the response to Civil Remedy 258522 it is noted that Attorney Kathryn M. Oughton continues her lies and pattern of lies under written oath. Her lies and those of her counterpart (Kristen Van Der Linde) and their team are so pervasive we can anticipate them at every turn. They seemingly operate outside the law at the expense of their client to abuse members of the public. Noting specifically in the lying letter to the Commissioner dated August 5, 2014. In that CRN response the crooked attorney Kathryn Oughton states the following: "Moreover, neither the insured nor any of the individuals listed in this CRN were provided a copy of the CRN by the insured." This statement is clearly a lie. It was meant to be a lie, and is nothing short. The attorney has now filed their lie with the Commissioner, mailed it in writing both regular mail, and certified, and sent it via email as an electronic document. This at a minimum constitutes Fraud, Mail Fraud, and Wire Fraud in that it is a material misrepresentation of fact. This is very common when dealing with these attorneys and claims persons of USAA employ. USAA personnel have been advised numerous times of such BAD FAITH dealings as evidenced in the Civil Remedy filings to date. Clearly the CRN notice of 6/6/2014, numbered 258522 as filed was an appeal by the assured to get USAA to raise the level of integrity and honesty in their claims handling team. Clearly it was an appeal to remove the criminally operating attorney group, and an opportunity to notify USAA (and the Commissioner) of the criminals operating under the guise of legal/claims representation. Clearly notice was indeed sent to USAA (Sara Sepulveda) as well as 4-5 members of the corrupt operating legal team. Multiple copies were sent BECAUSE the criminal mis-management, mis-handling, concealment, and disposal of documents and this file continues for some 4 years now. Again, a set of documents including copy of CRN 258522 was sent to the USAA claims agent Sara Sepulveda and several members of the attorneys office. The chicken shit attorney Kathryn M Oughton stating to the contrary is clearly a Fraud (Wire, Federal, Mail). This is what Whidden as an assured has continued to deal with for 4+ years now. Continuous deception and fraud. Interestingly the deceptive letter and statements of Kathryn Oughton is in response to a complaint of the same type/style issues. It continues round after round. Clearly Oughton is a criminal piece of shit, as is Sara Sepulveda for allowing this to continue. The attorney Kathryn M. Oughton has lied in her Civil Remedy filing. Kathryn M. Oughton and the legal team including but not limited to Kristen Van Der Linde, who are under the instruction of Sara Sepulveda continue in their game of manipulating and concealing documents, as well as material misrepresentation of fact. (Noting Sara Sepulveda was sent her copy CRN 258522 June 24, 2014, and staff of the crooked lawfirm of Boyd and Jenerrette were sent copy CRN 258522 on June 27, 2014. Clearly Oughton lied.) (Noting also, those copied on the above dates were notified at that time that they were party to a criminal conspiracy for aiding and abetting. The web gets more tangled as these crooked fuckers continue.) The law firm and attorneys appointed by USAA must be removed from this case in order to have a Good Faith exchange. They are merely milking an income from USAA, and blocking any effort of good will to advance this claim.It is USAA's duty and obligation to remove these crooked hooligans from the claim. USAA owes an obligation to their assured of Good Faith claims handling. Thus far, BAD FAITH and repetitive bad behavior seemingly criminal at most turns pervades every contact with this team. USAA and their agents have repetitively failed to acknowledge, address, and adjust material documentation in their file. This was demonstrated leading to the phone call offer of November 19, 2012, and in the response to their November 19, 2012 deception/offer. Documents conveyed at that time were presented at least three times since that interaction, INCLUDING conveyed during the recorded session (HOAX EUO of February 2014). Those documents have been ignored for some 2 years while demonstratively in the hands of underwriters and their agents for that period of time. This is clearly undue delay and constitutes numerous failures on the part of the underwriter as laid out in previous Civil Remedy filings. The present state of play clearly can be used to demonstrate USAA and their agents' failure to properly manage documents for nearly 4 years. This period of mis-management clearly falls under the responsibility of all those involved leading to this point. USAA and their agents have failed to acknowledge, address and adjust numerous documents including financial records conveyed to them both personally and via certified packages. Their failure to properly respond, report, record, and adjust documentation is abundantly clear. They now claim these documents do not exist or never existed. This is a lie and/or deception on their part, one of many the assured must deal with in this criminal ruse. USAA and their legal/claims agents are attempting to force some form of "offer/acceptance" situation by attempting to take undue advantage of the assured. This is clearly unlawful in its intent, implementation, and practice. In so doing, they now allege an offer or set of offers that has not been properly made available to the assured. What is the offer to settle? Where is it? What is it based upon? There are a number of critical flaws in the USAA/attorney approach to the claim. Clearly USAA has unduly delayed payment on a vast number of issues from that time and since. The crooked legal team is furthering these abuses. How on earth could anyone be expected to deal with these crooks? (BAD FAITH!??) It should be noted that these crooked fuckers under the pen of Oughton/Van Der Linde have taken many a devious tactic to bring about unlawful delay. One of their tactics is to declare that they question the "cause, extent, and damages" so to speak of the losses claimed by the assured. Meanwhile, all medical practicianers except those bought off (bribed) by USAA have declared in writing that the losses in their file are directly attributable to the subject accident, with extent substantial, and damages mounting. USAA attempted to discover pre-existing issues and found none. There is no question at this time or in the past of cause, extent, nor damages as the attorney/claims team states. The attorney statements regarding cause, extent and damges are merely the legal/claims team attempting to practice medicine without a license. The attorney's hokey deceptions are completely inconsistent with the file, and information as presented. They have not offered anything substantial to support their devious position. Despite the fact that all practicianers agree losses are substantial and attributable to the accident, the claims team continues to delay, deceive, and abuse payments owed. Duly noted on July 23, 2014 in a follow up report established that long-standing and substantial medical issues stemming from the original accident were evident 4 years after the event. This report was provided via email 2 weeks prior to the crooked August 5, 2014 letters of the attorney. The notice was made available via email to: "Kristen Van Der Linde" <kvanderlinde@boyd-jenerette.com>, "Kathryn M Oughton" <koughton@boyd-jenerrette.com>, "Cristina Perez" <cperez@boyd-jenerette.com>, "General Mailbox" <firm@boyd-jenerette.com>, "Glen A. McClary" <gmcclary@boyd-jenerette.com>, Gretchen Middleton <GMiddleton@boyd-jenerette.com>, "Peggy M. Labs" <PLabs@boyd-jenerette.com>, "Stephanie G. Igou" <SIgou@boyd-jenerette.com>, "sara.sepulveda@usaa.com" <Sara.Sepulveda@usaa.com>, deborah.cakouros@usaa.com, Bryan.Kruger@usaa.com, Any denial by any of these parties that cause and extent of damage is in question would be an unsubstantiated lie. The cause and extent is clearly established over a well maintained 4 year file. Any denial is due to lack of proper file investigation, report, and management, or simply criminal conspiracy to defraud. In itself an unlawful position given the circumstances. Any/all letters written subsequent to the July 23, 2014 date regarding cause and extent of damage is an Attempt at Fraud. All notices regarding cause and extent prior to this date should be similarly questioned/tested. The assured has provided and/or attempted to provide every item requested by these claims hooligans, but they have purposely avoided, destroyed or concealed numerous documents as evidenced since the beginning of this loss. This is clearly bad faith at a minimum, AND criminal if found to be intentional. This is indeed the practice of Sara Sepulveda of USAA and those under her employ, otherwise common sense and good claims handling practices would force her to intervene and add some level of honesty and integrity to this claims process. Of course, she has no credibility either at this juncture nor her boss (Deborah Cakouros) for allowing this abuse for the years it has taken place under her command. This is a deliberate orchestration on her part, and some of the crimes are "perfected". It is clear now that we can try and win on an "attempt at fraud" based on the frauds perfected thus far. Fortunately, the crimes they persist with penetrate all corporate veils to their personal assets with no limit of liability or statute of limitation. At this juncture each round of communication other than full payment of claim as presented is seen as an attempt to further the conspiracy to defraud. Every payment due is seen as substantially late, undue delay, and a tactic of harassment/abuse. USAA's overarching conspiracy becomes "perfected" with the next statute expiry, and anything and everything shared by these crooked fuckers is seen as an attempt to further the scheme to defraud. Since one set of frauds is already completed proof/indication of attempts at fraud are clear. Full payment of claim is required to end this circus of errors and end the abuse. Clearly this must be done without any further use or contact by the crooked lawyers of USAA employ. I reserve the rights at all times to follow with Bad Faith penalties and damages, with criminal charges to follow should they be necessary. The Commissioner must begin to wonder if these underwriters and lawyers screw with all assureds in this manner, and what allows them to take undue advantage. It is the Commissioner's office that empowers these people. Isn't it? A full scale investigation into practices appears warranted. There is no requirement to utilize policy wording to establish Bad Faith and Fraud. The legal counsel for USAA referring in their Civil Remedy responses that policy is assinine, yet they continue in this ridiculous vein. It is the assured's intention (yet not the obligation) leading to Christmas 2014 to prepare for litigation for the scheme to defraud (§817.034 Florida Communications Fraud Act.), thus removing all statutes of limitations, limits of liability, increasing penalties, fines, and imprisonment. USAA's failure to present any level of integrity allows the assured to determine which is more favorable a BAD FAITH civil response, or a CRIMINAL filing, or both at any point in time. The scheme to defraud will be seen to number once for each written attempt to further the fraud/scheme. The number of communiques will be those of/by USAA, their agents, and their affiliates. Their affiliates also to be seen as the 54 dubious Civil Remedy responses by the third party carrier USAA and their agents partied with in their attempts to defraud their assured. Further, documentation provided to the assured via the Commissioner's office as written by the legal team of USAA clearly establishes value of the loss/potential to be $750,000 to $1,000,000. It should be relatively easy to demonstrate more than 100 acts of Aiding and Abetting as well as primary Frauds and deceptions, each at substantial valuation. The criminal approach at prosecution extends all statutes and limits, penetrates all legal veils, and would seemingly be the correct response due to the attempts at legal delay by the USAA team. USAA's failure to make reasonable settlement attempts, knowing quite well that their insured is significantly impaired and negatively affected by the accident, as well as being abused by the claims process by USAA and their agents will subject their insured to unnecessary and protracted litigation in addition ot the possibility of an excess judgement. This demand is consistent with the provisions of BOSTON OLD COLONY INSURANCE CO. V. GUTIERREZ, 386 SO.2D 783 (FLA. 1980) AND FLORIDA STATUTE §624.155. Delay and avoidance of payment while generating income appears to the intention. We all know their delay is unlawful as is avoidance. We now have a host of crimes. I look forward to wire transfer of all amounts due current as of this filing date with method of transfer as outlined in the meeting of February 2014 described as the HOAX EUO, with appointment of new counsel of integrity to close this issue out. Payment is needed immediately to further diagnostics, treatment and therapy. It is seen in part as 4 years late at this time, and an attempt to cause undue distress to the assured by withholding it. It goes without saying the abuse leading to this point (and any that continues) constitutes intentional infliction of emotional distress and negligent infliction of emotional distress.


Comments
User Id Date Added Comment
kvanderlinde@boyd-jenerette.com 12-08-2014 A letter was sent to the Complainant on 12/08/2014 in response to the Civil Remedy Notice.
Acknowledgement
* The submitter hereby states that this notice is given in order to perfect the rights of the person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.

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DFS-10-363
Rev. 10/14/2008