Civil Remedy Notice of Insurer Violations
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Filing Number:     273532
Filing Accepted:  12/14/2014
   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 13U Claim #* 0317 06 13U


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): SARA SEPULVEDA, DEBORAH CAKOUROS, LISA DAVIS, ATTORNEY KRISTEN VAN DER LINDE, ATTORNEY KATHRYN M OUGHTON
Type of Insurance * Auto   
Reason for Notice *
Other : Section 817, Commercial Conspiracy to Defraud
Other : Complicity (Criminal COmplicity)
Other : Aiding and Abetting
Other : Fraud and other criminal concealment, as well as destruction/disposal of documents
Other : Intentional Infliction of Emotional Distress
Other : Negligent Infliction of Emotional Distress
Claim Delay
Unsatisfactory Settlement Offer
Other : Conspiracy to Defraud
Other : A commercial scheme to defraud including but not limited to patterns of fraud
Other : Insurance Fraud in partnering with a provider to liquidate assured's benefit package
Other : Abuse of Process
Other : Deliberate acts to deceive and delay the assured, Insurance Commissioner, and third parties
Other : Criminal Mischief
Other : Intentional dishonest and deceitful and delayed responses & handling to previous Civil Remedy filing
Other : Deliberate acts to delay and deceive proceedings and processes
Other : Inequitable Doctrine use of legal counsel to abuse the assured
* 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.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(e) Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days after proof-of-loss statements have been completed.
626.9541(1)(i)(3)(f) Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.
626.9541(1)(i)(3)(g) Failing to promptly notify the insured of any additional information necessary for the processing of a claim.
626.9541(1)(i)(3)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
626.9541(1)(i)(3)(i) Unfair claim settlement practices
* Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The Commissioner of Insurance is asked to consider deep internal audit of processes and procedures of USAA, USAA (Sero Group), and the attorneys listed representing USAA. A substantially perverse and deeply entrenched Commercial Scheme to Defraud is being perpetrated against members of the public. A corporate scheme to defraud is clearly outlined in the case listed herein. Theodore Whidden files what seems like the 100th filing of Civil Remedy violation in conjunction with a loss of August 29. 2010 The abuse by USAA and their agents concerns a rear-end collision in which USAA’s assured (Whidden) was hit from the rear by a high speed 18 wheeler while traveling down Interstate 10. USAA and their agents have perpetuated a long term scheme that is predatorial in nature to defraud the assured. Florida Ethics rules make it unlawful for a number of reasons to initiate and persist in this approach. Yet the USAA team have not exhibited good ethics or good faith at any point. The predatorial approach has been allowed to persist long enough to display long term, deep rooted criminal treachery of USAA and their team. Each team member has initiated their own fraud and partied with others. This penetrates all veils to all persons as well as all corporates, personal/professional liability policies, and E&O (Errors and Omissions).. A commercial scheme to defraud of substantial amount and multiple facets is afoot. All involved have committed their own frauds in partnership with others thus creating an elaborate web of felony offenses with aiding and abetting for a wide spread conspiracy to defraud. It is time for this to end. The Attorney/Adjuster operating behalf of USAA is in numerous Insurance Ethics violations subject to Florida Rule 69B-220.201 Ethical Requirements. Since the incompetence and corruption continues to pervade all dealings I am providing a copy of Insurance Ethics Laws herein. Additional filings of violations against these criminal hooligans may follow with the Commissioner of Insurance and the Florida Bar. Note Specifically Where Florida 69B-220.201 Ethical Requirements: (l) An adjuster shall not attempt to negotiate with or obtain any statement from a claimant or witness at a time that the claimant or witness is, or would reasonably be expected to be, in shock or serious mental or emotional distress as a result of physical, mental, or emotional trauma associated with a loss. The adjuster shall not conclude a settlement when the settlement would be disadvantageous to, or to the detriment of, a claimant who is in the traumatic or distressed state described above. “ USAA’s HOAX EUO of February 2014, doctor’s reports before and after, as well as most contacts would lead a reasonable person to perceive the assured is limited in numerous ways as outlined in the ethics rule listed. It is unlawful for USAA and/or their agents to continue in their criminal tactics. They must involve the Court. It has been unlawful all along. It is a form of extortion using Fraud to bring about undue duress/pressure and numerous frauds as tools of deception. Bad Faith is abundantly clear based on the numerous dubious attempts to delay, deceive, manipulate, and settle the loss. The Agents/USAA have little choice but to file with the court for resolution it would seem. It has been 4.5 years of manipulation and deception at the hands of USAA. There has long since been a lack of faith handling on the part of USAA when dealing with the impaired. Once the Civil Statutes expire, clearly there is a perfection in the Criminal attempts at Fraud and deception. USAA claims representatives/lawyers have created duress for the assured using unlawful tactics. They have attempted numerous times in violation of ethics requirements to negotiate an unfair settlement with someone they know to be impaired, affected, and under undue duress by the loss and their dubious handling of same. The Commissioner of Insurance Office can now attest using their own records and files of numerous letters wherein the Claims Representatives (Members of the Florida Bar) state they on behalf of their client have made numerous offers(insufficient/unreasonable offers). Florida Law requires a “reasonable offer”. Neither their offers, nor approaches have been reasonable. An unreasonable, unlawful situation is what they have attempted to orchestrate. The insurance company and their agents have created undue stress, harassment, and abuse in their attempt to create undue force on the assured. Their criminal felony frauds, misrepresentations, and concealments are numerous. Florida Law requires the Insurer/Agents to make reasonable offer. If the present offer is actually considered “reasonable”, then it would seem the next move is to see if the courts would determine this offer to be reasonable based on the information presented. Clearly there has not been any reasonable attempt to resolve. The subject policy of insurance allows for utilization of arbitration/mediation should it be required or beneficial for either party. The assured (Theodore L. Whidden) has requested numerous times in prior Civil Remedy notices for alternatives who could provide fair and reasonable treatment. Specifically the assured has requested arbitration, mediation as an alternative. Each plea has been ignored, meanwhile the Attorney/Insurance team has continued in violation of policy and law to harass and abuse the assured. We appear to be past that point. Criminal felony actions may obviate litigation without arbitration/mediation. Meanwhile if USAA fails to settle then their Criminal Conspiracy to Defraud is clearly “perfected” and a monster size can of worms is opened. The assured’s requests for reasonable treatment have gone ignored for more than 4 years, with the attorneys of Boyd and Jenerette heading up 2 years of that abuse. The attorneys/firm of Boyd and Jenerette are therefore responsible for not only their own fraud and abuses, but they are responsible for Aiding and Abetting the numerous felony frauds leading to, concurrent with, and following their appointment. The Assured Whidden reserves the right to litigate separately or corporately against each and every participant in any manner he sees fit. Clearly the attorneys are Aiding and Abetting. Clearly as agents for USAA they are primary fraud participants as well. A very tangled web for any legal counsel, and USAA clearly is lacking good counsel to this point. The Attorneys at Boyd and Jenerette appear severely incompetent or entirely corrupt. The responses from them and their client (USAA) have yet to address any of the concerns noted several times in the Civil Remedy filings and elsewhere. If tried this will be borne out, and the frauds multiplied. It is clearly a conspiracy to defraud, and a corporate scheme to defraud according to Florida Statute S817. Numerous attempts have been made by the assured to get a more grounded view of this file from the position of the assured, but the representatives continue in a deeply entrenched commercial scheme to defraud with some of the details to follow as understood by an overwhelmed assured. The attorney team have all indications of a severely impaired assured with no reason to attribute damage to any other cause. The attorneys and USAA’s agents themselves are responsible for tormenting the assured and trying to take undue advantage in violation of a host of laws and ethics issues. The crooked claims handlers in their previous Civil Remedy responses allude to questions they have regarding the loss which they have never established other than in the general nature seen in this Civil Remedy response. It is vague, generalized and lacks specifics. It is a criminal delay tactic. They make weak reference to assumptions and such they have, but they do not share with specificity any attempt for clarification. Note in 4 years there has been no civil communication, and the assured has had to resort to filing Civil Remedy filings just to get a response. USAA and their agents have clearly failed to acknowledge at a minimum five packages of documents including financial submissions. They have failed to outline any specific questions or needs. More than $120,000 worth of invoices, expenses and documentary support have been filed repetitively over a 2 year period with no proper acknowledgement, adjustment, or offer. All documents requested have been submitted, yet USAA and their representatives appear to have ignored, destroyed, disposed, or failed to address a host of documents. We have clear evidence of document mishandling including sworn written statements attesting to same if needed. In every instance excluding the last Civil Remedy filing the Attorney for USAA waits until the last possible time to respond with a lame representation of faith, but fail repetitively to follow thru in faith. Their late response and repetitive deception in this regard is now an established pattern following the numerous other deceptions, concealments, and representations. Notice the attorney responded more timely when called out for this undue delay, but committed numerous serious frauds in that response. This constitutes a host of frauds and false filings including fraud filing to the Commissioner of Insurance. This should cost both attorneys and the attorneys overseeing this file their ability to practice law. In this Civil Remedy notice I make a reasonable request 2 weeks before Christmas for documents which should be clearly and simply available as they have been delivered up to 2 years back. It should be simple for the response documents if they even exist to be provided before Christmas. CastlePoint Florida the Insurance company for the third party trucking company appears to have failed approximately 2+ years ago when their lack of capitalization caused the ratings bureaus to severely lower their credit rating. The subsequent ratings collapse, triggered a collapse of the stock value (Nasdaq) of their crooked parent company, and eventually an SEC investigation. The multi-billion dollar parent company and all subsidiaries seem to have collapsed as in essence it appears to have been some form of Ponzi Scheme taking premiums, while too undercapitalized to pay claims. This appears an illegal commercial scheme to defraud which USAA is trying to derive benefit. If/when USAA and their agents attempt to avoid “Uninsured Motorist” coverage in this instance they are in essence Aiding and Abetting that commercial scheme in a collusive nature. Note as well that USAA’s attorneys have stated numerous times to the Commissioner that at a minimum $750,000 to $1,000,000 was available thru the third party venue. That company failed and in part avoided their responsibility by way of USAA attorney’s wranglings in Miami Dade county court in December 2013. The financial collapse of the parent and potentially subsidiaries was eminent at that time, and the attorney representing in that case had used numerous criminal tactics to delay and avoid the loss to allow their apparent bankrupcty. USAA by way of their incompetent legal counsel partnered on that collapsing house of cards. Clearly the criminally operating USAA attorney can see where we can use that figure ($1,000,000) for establishing value of each count of their aiding and abetting that criminal conspiracy to defraud? (That pursuit alone could be a more than $100,000,000 loss for USAA.) USAA and their agents appear responsible for their own Conspiracy to Defraud in conjunction with the issues indicated above. This is not double jeopardy, but rather jeopardy for being a principle in their own conspiracy simultaneously while Aiding and Abetting another’s deception. Each gives a number of opportunities to pursue. This will multiply the number of charges in each of the approaches in excess of 250 fold (250,000,000). Using the specific statements of deception and the multiplands allowable since they are/were sent by electronic, mail, and Certified Federal, as well as copies to the Commissioner’s Office, should multiply the offenses in the thousands( Thus billions of dollars.) Numerous opportunities have been given to USAA and their Agents to recant their unlawful position and strategies, yet they persist deeply entrenched in a criminal felony conspiracy to defraud. It is anticipated this is a corporate wide approach and the Commissioner’s office is encouraged to initiate deep internal investigation of USAA’s other records, records of the eight (8) lawyers involved, and multiples of Insurance Entities involved. USAA’s criminal claims handling mimics the criminal approach seen elsewhere in our review. USAA really needs to alert their corporate counsel and E&O underwriters. This could collapse the company. I am quite sure someone with a little better claims and business savvy can see that the assured has given you crooked bastards far more opportunity to play fair than you deserve. USAA’s file (Lisa Davis letter and related filings) alleges to have spoken to representatives of Insurance companies long after the companies had been dissolved thru Florida bankruptcy proceedings. This is fraud (Three layers of management as well). The records from the Commissioner’s office and Civil Remedy filings were made available to USAA and their attorney/Agents to demonstrate they had committed fraud in regards to their statements, and the existence of content noted. (The “Lisa Davis” fraud set puts USAA deeply entwined with the CastlePoint Florida Conspiracy to Defraud.)(USAA’s connection to Castlepoint Florida puts them in kahootz with TWO Corporate Criminal Conspiracies to Defraud.) Further review demonstrates USAA’s claims agent (attorney Kathryn M Oughton) partnered with the third party claims agent in December 2013 committing collusion with the third party carrier CastlePoint Florida attorney in the courts of Miami. There is/was a Civil Remedy filing of January/February 2014 outlining this. (Note in that Miami case there were 18 counts of Fraud filed against the attorney Oughton colluded with, and 35 multiple part filings against the insurance entity who was using the case as a stalling tactic to apparently fend off SEC investigation issues.) (There were hundreds of Frauds/Violations in that case with documents in the Billions of dollars to be reconciled. Kathryn Oughton and Kristen Van Der Linde inserted themselves and partnered with the criminal side, and thus Aided and Abetted that side. They accepted liability in the Declaration Action stating in essence that an apparently bankrupt company had no responsibility to pay in the loss. This agreement made it an uninsured motorist claim with USAA colluding with the third party carrier in a peculiar manner.) The violations and attempts to criminally manage, manipulate, and influence this claim/loss pervade at nearly every instant. It is upsetting. Each denial constitutes multiples of counts of Fraud/Deception. The last Civil Remedy response sent December 8, 2014 regarding DFS268890 is so riddled with Fraud it will wait until the criminal case against USAA and their Agents. Meanwhile that fraud set is chargeable against USAA, the law firm and the two attorneys Kathryn M Oughton and Kristen M. Van Der Linde with no statutes of limitations, or limit of liability as it is felony fraud. Further it was sent regular mail, certified, and via electronic mail, as well as filed with the Commissioner. This constitutes potentially a couple of dozen multiplied frauds and approaches. Within that letter the “offer” is clearly absurd, and the existence of MCS-90 for cover of a non-existent company is a misrepresentation of material fact. In the event the idiot attorneys have not caught a clue yet, simple “PIP log” review will show USAA shorted the assured materially on all areas of coverage for the first two years, and starved the assured for 4 years with attorney help. USAA’s agents have once again committed fraud, and filed official documents to conceal/misrepresent the fraud. (Hint: Look at the PIP logs up to date as of January 2013.) (Civil Remedy filings were filed in multiples concerning the original frauds by USAA. Notices were sent by USAA to the assureds providers alleging benefits were exhausted when in fact they were not potentially constituting 50+ frauds.) Note also USAA and you crooked piece of shit attorneys denied the multiples of frauds, but in January 2013 there was an ADDITIONAL explanation of benefits wherein USAA agreed with my original assertion some 2 years late. Your client reversed their criminal fraud (collusion) with StandUP MRI, yet when they did that freed up coverage on the policy. You and your client are/were obligated to follow through with that money. You did not. You were advised numerous times. You are crooked, crooked, crooked, and/or terribly incompetent Your frauds, patterns of fraud, and deep rooted commitment to conspiracy to defraud has brought me much pain and suffering. If you can be honest you will see all of my previous filings have been correct, sincere, fully supported, and have NEVER been responded to, but nevertheless according to Florida Insurance Ethics you are all in substantial violation as outlined in previous Civil Remedies, AND YOUR ATTEMPTS TO SETTLE HAVE BEEN UNLAWFUL ALL ALONG! Your opportunity to resolve this directly with me has likely expired my interest in dealing with you. We are no longer having any civil communication as you have failed to acknowledge, address, and/or adjust any documents since they were presented. This puts attorneys of Boyd and Jenerette some 2 years late in proper action, and USAA some 4 years late. Criminal claims handling is the fault of named adjusters such as Sara Sepulveda and Deborah Cakouros for failing to intervene in the the criminal abuse by the USAA agent (Attorneys from Boyd and Jenerette) Clearly your handling and offers have not been with faith. Clearly you have not been reasonable. Clearly you are being criminal. Fortunately in some ways the original fraud sets/attempts have been perfected. Your intent and motive is clear. Your bad behavior is consistent. Prosecution via the criminal approach will seek jail time, professional licenses, and more. You were given my bank wire transfer information February 2014 at the HOAX EUO (Examination Under Oath) wherein I demonstrated you had sat on documents for more than one year without action. You have still failed to manage/handle those documents. Your statements to the contrary are clearly a lie. Your own “EUO” demonstrates your criminal approach sufficiently. Can you see it? Interesting how that one works. Meanwhile you should have my bank wire transfer information. Your best option at this time is to admit Bad Faith and wire transfer the full policy limits plus triple penalties for $1,260,000 ($315,000 x 4) or you can try your luck with the courts. The only way you escape violation for attempts to negotiate with the impaired is full payment plus penalties in advance. Kinda cool how that works. I reserve the right to pursue any and all criminal and/or civil penalties as I see fit should there be delay or unauthorized or unwarranted contact. USAA owes a fiduciary obligation of Good Faith. Any attempt to finalize this will require a new independent third party. I prefer to have nothing to do with the claims staff and/or attorneys who have been involved to this point. They are clearly blocked by way of Good Faith requirements. They should have been blocked all along. Persistence with their involvement is in itself a Bad Faith issue (Good Faith violation) and it was as soon as you were notified. I am sure you are aware of that. USAA and their attorneys need to begin to realize the pathetic and criminal nature of the position of their own making. Clearly it is in USAA’s favor to settle this under Civil statutes in an attempt to avoid the Criminal. Clearly “Inequitable Doctrine” statutes are in my favor either way, and it would behoove USAA to expeditious and graciously settle to avoid a $100 million dollar plus loss. All parties need to once again notify their Errors and Omissions as well for assistance. Those folks usually encourage to settle for the cost of the $100 million litigation. Clearly you crooked folks have missed a few turns in the road (A crooked road of your own making.) I have told you on several occasions to notify E&O for the law firms and the Insurance carrier. If this drags along I will notify those E&O persons myself and very likely they will not be pleased. (I once worked for E&O. They may know me. Wouldn’t that be fun!?) NOTE: The USAA “PIP LOG” as of January 2013 demonstrates a host of waste, fraud and abuse. Further to this potentially $200,000+ worth of invoices, mileage records, finance records, and everything requested by you has been provided in numerous instances. PLEASE PROVIDE UPDATE of THE PIP LOG IMMEDIATELY (If you were doing your job it shouldn’t be difficult to print it and send it.). PLEASE PROVIDE AN UPDATED ADJUSTMENT IMMEDIATELY. (Again it will be simple to produce, or it will ruin someone’s Christmas.) PLEASE PROVIDE AN “EXPLANATION OF BENEFITS” for each of the 1200+ line items submitted to you in documentary form and spreadsheet IMMEDIATELY PER PRIOR PRACTICE FOR THE POTENTIAL $200,000 in out of pocket, and respond to at least the last EIGHT (8) paperwork submissions. Note you crooked bastards STILL have not addressed the document set conveyed prior to, during, and after the HOAX EUO of February 2014. Clearly if you can’t/don’t incorporate that simple document set for 2 years then you have been leading a fairly corrupted claims process. PLEASE PROVIDE THE REQUESTED DOCUMENTS IMMEDIATELY. PLEASE wire transfer maximums claim benefit as demanded. PLEASE PROVIDE responses as soon as possible via electronic and regular/certified mail asap because my care, treatment and therapy is suffering from the financial shortfall. This request for documents is being made in Civil Remedy notice, because clearly you do not acknowledge, address, or adjust documents otherwise. Your records and mine clearly indicate your long term failure to properly handle your fiduciary responsibilities. Your records and mine clearly indicate I have fulfilled all requirements despite your corrupted tactics. You must establish Good Faith or reach out to the Court. The Court is our only/last resort because of your continued corrupted approach. On September 1, 2015 all of your felony frauds and those of the third party carrier become perfected unless resolution is reached. Your attempts to delay and avoid responsibility to pass the statute has actually extended the statute of limitations indefinitely and limit of liability under Criminal Statutes. This was per your desire apparently. You only have a short time to resolve this under Civil Statute, then the protection therein is removed for you. The staff at the crooked attorney office has been notified of their role in the Aiding and Abetting of this loss. Surely any moron can see what they are doing and can be held responsible nfor facilitating the scam.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The Commissioner of Insurance is asked to consider deep internal audit of processes and procedures of USAA, USAA (Sero Group), and the attorneys listed representing USAA. A substantially perverse and deeply entrenched Commercial Scheme to Defraud is being perpetrated against members of the public. A corporate scheme to defraud is clearly outlined in the case listed herein. Theodore Whidden files what seems like the 100th filing of Civil Remedy violation in conjunction with a loss of August 29. 2010 The abuse by USAA and their agents concerns a rear-end collision in which USAA’s assured (Whidden) was hit from the rear by a high speed 18 wheeler while traveling down Interstate 10. USAA and their agents have perpetuated a long term scheme that is predatorial in nature to defraud the assured. Florida Ethics rules make it unlawful for a number of reasons to initiate and persist in this approach. Yet the USAA team have not exhibited good ethics or good faith at any point. The predatorial approach has been allowed to persist long enough to display long term, deep rooted criminal treachery of USAA and their team. Each team member has initiated their own fraud and partied with others. This penetrates all veils to all persons as well as all corporates, personal/professional liability policies, and E&O (Errors and Omissions).. A commercial scheme to defraud of substantial amount and multiple facets is afoot. All involved have committed their own frauds in partnership with others thus creating an elaborate web of felony offenses with aiding and abetting for a wide spread conspiracy to defraud. It is time for this to end. The Attorney/Adjuster operating behalf of USAA is in numerous Insurance Ethics violations subject to Florida Rule 69B-220.201 Ethical Requirements. Since the incompetence and corruption continues to pervade all dealings I am providing a copy of Insurance Ethics Laws herein. Additional filings of violations against these criminal hooligans may follow with the Commissioner of Insurance and the Florida Bar. Note Specifically Where Florida 69B-220.201 Ethical Requirements: (l) An adjuster shall not attempt to negotiate with or obtain any statement from a claimant or witness at a time that the claimant or witness is, or would reasonably be expected to be, in shock or serious mental or emotional distress as a result of physical, mental, or emotional trauma associated with a loss. The adjuster shall not conclude a settlement when the settlement would be disadvantageous to, or to the detriment of, a claimant who is in the traumatic or distressed state described above. “ USAA’s HOAX EUO of February 2014, doctor’s reports before and after, as well as most contacts would lead a reasonable person to perceive the assured is limited in numerous ways as outlined in the ethics rule listed. It is unlawful for USAA and/or their agents to continue in their criminal tactics. They must involve the Court. It has been unlawful all along. It is a form of extortion using Fraud to bring about undue duress/pressure and numerous frauds as tools of deception. Bad Faith is abundantly clear based on the numerous dubious attempts to delay, deceive, manipulate, and settle the loss. The Agents/USAA have little choice but to file with the court for resolution it would seem. It has been 4.5 years of manipulation and deception at the hands of USAA. There has long since been a lack of faith handling on the part of USAA when dealing with the impaired. Once the Civil Statutes expire, clearly there is a perfection in the Criminal attempts at Fraud and deception. USAA claims representatives/lawyers have created duress for the assured using unlawful tactics. They have attempted numerous times in violation of ethics requirements to negotiate an unfair settlement with someone they know to be impaired, affected, and under undue duress by the loss and their dubious handling of same. The Commissioner of Insurance Office can now attest using their own records and files of numerous letters wherein the Claims Representatives (Members of the Florida Bar) state they on behalf of their client have made numerous offers(insufficient/unreasonable offers). Florida Law requires a “reasonable offer”. Neither their offers, nor approaches have been reasonable. An unreasonable, unlawful situation is what they have attempted to orchestrate. The insurance company and their agents have created undue stress, harassment, and abuse in their attempt to create undue force on the assured. Their criminal felony frauds, misrepresentations, and concealments are numerous. Florida Law requires the Insurer/Agents to make reasonable offer. If the present offer is actually considered “reasonable”, then it would seem the next move is to see if the courts would determine this offer to be reasonable based on the information presented. Clearly there has not been any reasonable attempt to resolve. The subject policy of insurance allows for utilization of arbitration/mediation should it be required or beneficial for either party. The assured (Theodore L. Whidden) has requested numerous times in prior Civil Remedy notices for alternatives who could provide fair and reasonable treatment. Specifically the assured has requested arbitration, mediation as an alternative. Each plea has been ignored, meanwhile the Attorney/Insurance team has continued in violation of policy and law to harass and abuse the assured. We appear to be past that point. Criminal felony actions may obviate litigation without arbitration/mediation. Meanwhile if USAA fails to settle then their Criminal Conspiracy to Defraud is clearly “perfected” and a monster size can of worms is opened. The assured’s requests for reasonable treatment have gone ignored for more than 4 years, with the attorneys of Boyd and Jenerette heading up 2 years of that abuse. The attorneys/firm of Boyd and Jenerette are therefore responsible for not only their own fraud and abuses, but they are responsible for Aiding and Abetting the numerous felony frauds leading to, concurrent with, and following their appointment. The Assured Whidden reserves the right to litigate separately or corporately against each and every participant in any manner he sees fit. Clearly the attorneys are Aiding and Abetting. Clearly as agents for USAA they are primary fraud participants as well. A very tangled web for any legal counsel, and USAA clearly is lacking good counsel to this point. The Attorneys at Boyd and Jenerette appear severely incompetent or entirely corrupt. The responses from them and their client (USAA) have yet to address any of the concerns noted several times in the Civil Remedy filings and elsewhere. If tried this will be borne out, and the frauds multiplied. It is clearly a conspiracy to defraud, and a corporate scheme to defraud according to Florida Statute S817. Numerous attempts have been made by the assured to get a more grounded view of this file from the position of the assured, but the representatives continue in a deeply entrenched commercial scheme to defraud with some of the details to follow as understood by an overwhelmed assured. The attorney team have all indications of a severely impaired assured with no reason to attribute damage to any other cause. The attorneys and USAA’s agents themselves are responsible for tormenting the assured and trying to take undue advantage in violation of a host of laws and ethics issues. The crooked claims handlers in their previous Civil Remedy responses allude to questions they have regarding the loss which they have never established other than in the general nature seen in this Civil Remedy response. It is vague, generalized and lacks specifics. It is a criminal delay tactic. They make weak reference to assumptions and such they have, but they do not share with specificity any attempt for clarification. Note in 4 years there has been no civil communication, and the assured has had to resort to filing Civil Remedy filings just to get a response. USAA and their agents have clearly failed to acknowledge at a minimum five packages of documents including financial submissions. They have failed to outline any specific questions or needs. More than $120,000 worth of invoices, expenses and documentary support have been filed repetitively over a 2 year period with no proper acknowledgement, adjustment, or offer. All documents requested have been submitted, yet USAA and their representatives appear to have ignored, destroyed, disposed, or failed to address a host of documents. We have clear evidence of document mishandling including sworn written statements attesting to same if needed. In every instance excluding the last Civil Remedy filing the Attorney for USAA waits until the last possible time to respond with a lame representation of faith, but fail repetitively to follow thru in faith. Their late response and repetitive deception in this regard is now an established pattern following the numerous other deceptions, concealments, and representations. Notice the attorney responded more timely when called out for this undue delay, but committed numerous serious frauds in that response. This constitutes a host of frauds and false filings including fraud filing to the Commissioner of Insurance. This should cost both attorneys and the attorneys overseeing this file their ability to practice law. In this Civil Remedy notice I make a reasonable request 2 weeks before Christmas for documents which should be clearly and simply available as they have been delivered up to 2 years back. It should be simple for the response documents if they even exist to be provided before Christmas. CastlePoint Florida the Insurance company for the third party trucking company appears to have failed approximately 2+ years ago when their lack of capitalization caused the ratings bureaus to severely lower their credit rating. The subsequent ratings collapse, triggered a collapse of the stock value (Nasdaq) of their crooked parent company, and eventually an SEC investigation. The multi-billion dollar parent company and all subsidiaries seem to have collapsed as in essence it appears to have been some form of Ponzi Scheme taking premiums, while too undercapitalized to pay claims. This appears an illegal commercial scheme to defraud which USAA is trying to derive benefit. If/when USAA and their agents attempt to avoid “Uninsured Motorist” coverage in this instance they are in essence Aiding and Abetting that commercial scheme in a collusive nature. Note as well that USAA’s attorneys have stated numerous times to the Commissioner that at a minimum $750,000 to $1,000,000 was available thru the third party venue. That company failed and in part avoided their responsibility by way of USAA attorney’s wranglings in Miami Dade county court in December 2013. The financial collapse of the parent and potentially subsidiaries was eminent at that time, and the attorney representing in that case had used numerous criminal tactics to delay and avoid the loss to allow their apparent bankrupcty. USAA by way of their incompetent legal counsel partnered on that collapsing house of cards. Clearly the criminally operating USAA attorney can see where we can use that figure ($1,000,000) for establishing value of each count of their aiding and abetting that criminal conspiracy to defraud? (That pursuit alone could be a more than $100,000,000 loss for USAA.) USAA and their agents appear responsible for their own Conspiracy to Defraud in conjunction with the issues indicated above. This is not double jeopardy, but rather jeopardy for being a principle in their own conspiracy simultaneously while Aiding and Abetting another’s deception. Each gives a number of opportunities to pursue. This will multiply the number of charges in each of the approaches in excess of 250 fold (250,000,000). Using the specific statements of deception and the multiplands allowable since they are/were sent by electronic, mail, and Certified Federal, as well as copies to the Commissioner’s Office, should multiply the offenses in the thousands( Thus billions of dollars.) Numerous opportunities have been given to USAA and their Agents to recant their unlawful position and strategies, yet they persist deeply entrenched in a criminal felony conspiracy to defraud. It is anticipated this is a corporate wide approach and the Commissioner’s office is encouraged to initiate deep internal investigation of USAA’s other records, records of the eight (8) lawyers involved, and multiples of Insurance Entities involved. USAA’s criminal claims handling mimics the criminal approach seen elsewhere in our review. USAA really needs to alert their corporate counsel and E&O underwriters. This could collapse the company. I am quite sure someone with a little better claims and business savvy can see that the assured has given you crooked bastards far more opportunity to play fair than you deserve. USAA’s file (Lisa Davis letter and related filings) alleges to have spoken to representatives of Insurance companies long after the companies had been dissolved thru Florida bankruptcy proceedings. This is fraud (Three layers of management as well). The records from the Commissioner’s office and Civil Remedy filings were made available to USAA and their attorney/Agents to demonstrate they had committed fraud in regards to their statements, and the existence of content noted. (The “Lisa Davis” fraud set puts USAA deeply entwined with the CastlePoint Florida Conspiracy to Defraud.)(USAA’s connection to Castlepoint Florida puts them in kahootz with TWO Corporate Criminal Conspiracies to Defraud.) Further review demonstrates USAA’s claims agent (attorney Kathryn M Oughton) partnered with the third party claims agent in December 2013 committing collusion with the third party carrier CastlePoint Florida attorney in the courts of Miami. There is/was a Civil Remedy filing of January/February 2014 outlining this. (Note in that Miami case there were 18 counts of Fraud filed against the attorney Oughton colluded with, and 35 multiple part filings against the insurance entity who was using the case as a stalling tactic to apparently fend off SEC investigation issues.) (There were hundreds of Frauds/Violations in that case with documents in the Billions of dollars to be reconciled. Kathryn Oughton and Kristen Van Der Linde inserted themselves and partnered with the criminal side, and thus Aided and Abetted that side. They accepted liability in the Declaration Action stating in essence that an apparently bankrupt company had no responsibility to pay in the loss. This agreement made it an uninsured motorist claim with USAA colluding with the third party carrier in a peculiar manner.) The violations and attempts to criminally manage, manipulate, and influence this claim/loss pervade at nearly every instant. It is upsetting. Each denial constitutes multiples of counts of Fraud/Deception. The last Civil Remedy response sent December 8, 2014 regarding DFS268890 is so riddled with Fraud it will wait until the criminal case against USAA and their Agents. Meanwhile that fraud set is chargeable against USAA, the law firm and the two attorneys Kathryn M Oughton and Kristen M. Van Der Linde with no statutes of limitations, or limit of liability as it is felony fraud. Further it was sent regular mail, certified, and via electronic mail, as well as filed with the Commissioner. This constitutes potentially a couple of dozen multiplied frauds and approaches. Within that letter the “offer” is clearly absurd, and the existence of MCS-90 for cover of a non-existent company is a misrepresentation of material fact. In the event the idiot attorneys have not caught a clue yet, simple “PIP log” review will show USAA shorted the assured materially on all areas of coverage for the first two years, and starved the assured for 4 years with attorney help. USAA’s agents have once again committed fraud, and filed official documents to conceal/misrepresent the fraud. (Hint: Look at the PIP logs up to date as of January 2013.) (Civil Remedy filings were filed in multiples concerning the original frauds by USAA. Notices were sent by USAA to the assureds providers alleging benefits were exhausted when in fact they were not potentially constituting 50+ frauds.) Note also USAA and you crooked piece of shit attorneys denied the multiples of frauds, but in January 2013 there was an ADDITIONAL explanation of benefits wherein USAA agreed with my original assertion some 2 years late. Your client reversed their criminal fraud (collusion) with StandUP MRI, yet when they did that freed up coverage on the policy. You and your client are/were obligated to follow through with that money. You did not. You were advised numerous times. You are crooked, crooked, crooked, and/or terribly incompetent Your frauds, patterns of fraud, and deep rooted commitment to conspiracy to defraud has brought me much pain and suffering. If you can be honest you will see all of my previous filings have been correct, sincere, fully supported, and have NEVER been responded to, but nevertheless according to Florida Insurance Ethics you are all in substantial violation as outlined in previous Civil Remedies, AND YOUR ATTEMPTS TO SETTLE HAVE BEEN UNLAWFUL ALL ALONG! Your opportunity to resolve this directly with me has likely expired my interest in dealing with you. We are no longer having any civil communication as you have failed to acknowledge, address, and/or adjust any documents since they were presented. This puts attorneys of Boyd and Jenerette some 2 years late in proper action, and USAA some 4 years late. Criminal claims handling is the fault of named adjusters such as Sara Sepulveda and Deborah Cakouros for failing to intervene in the the criminal abuse by the USAA agent (Attorneys from Boyd and Jenerette) Clearly your handling and offers have not been with faith. Clearly you have not been reasonable. Clearly you are being criminal. Fortunately in some ways the original fraud sets/attempts have been perfected. Your intent and motive is clear. Your bad behavior is consistent. Prosecution via the criminal approach will seek jail time, professional licenses, and more. You were given my bank wire transfer information February 2014 at the HOAX EUO (Examination Under Oath) wherein I demonstrated you had sat on documents for more than one year without action. You have still failed to manage/handle those documents. Your statements to the contrary are clearly a lie. Your own “EUO” demonstrates your criminal approach sufficiently. Can you see it? Interesting how that one works. Meanwhile you should have my bank wire transfer information. Your best option at this time is to admit Bad Faith and wire transfer the full policy limits plus triple penalties for $1,260,000 ($315,000 x 4) or you can try your luck with the courts. The only way you escape violation for attempts to negotiate with the impaired is full payment plus penalties in advance. Kinda cool how that works. I reserve the right to pursue any and all criminal and/or civil penalties as I see fit should there be delay or unauthorized or unwarranted contact. USAA owes a fiduciary obligation of Good Faith. Any attempt to finalize this will require a new independent third party. I prefer to have nothing to do with the claims staff and/or attorneys who have been involved to this point. They are clearly blocked by way of Good Faith requirements. They should have been blocked all along. Persistence with their involvement is in itself a Bad Faith issue (Good Faith violation) and it was as soon as you were notified. I am sure you are aware of that. USAA and their attorneys need to begin to realize the pathetic and criminal nature of the position of their own making. Clearly it is in USAA’s favor to settle this under Civil statutes in an attempt to avoid the Criminal. Clearly “Inequitable Doctrine” statutes are in my favor either way, and it would behoove USAA to expeditious and graciously settle to avoid a $100 million dollar plus loss. All parties need to once again notify their Errors and Omissions as well for assistance. Those folks usually encourage to settle for the cost of the $100 million litigation. Clearly you crooked folks have missed a few turns in the road (A crooked road of your own making.) I have told you on several occasions to notify E&O for the law firms and the Insurance carrier. If this drags along I will notify those E&O persons myself and very likely they will not be pleased. (I once worked for E&O. They may know me. Wouldn’t that be fun!?) NOTE: The USAA “PIP LOG” as of January 2013 demonstrates a host of waste, fraud and abuse. Further to this potentially $200,000+ worth of invoices, mileage records, finance records, and everything requested by you has been provided in numerous instances. PLEASE PROVIDE UPDATE of THE PIP LOG IMMEDIATELY (If you were doing your job it shouldn’t be difficult to print it and send it.). PLEASE PROVIDE AN UPDATED ADJUSTMENT IMMEDIATELY. (Again it will be simple to produce, or it will ruin someone’s Christmas.) PLEASE PROVIDE AN “EXPLANATION OF BENEFITS” for each of the 1200+ line items submitted to you in documentary form and spreadsheet IMMEDIATELY PER PRIOR PRACTICE FOR THE POTENTIAL $200,000 in out of pocket, and respond to at least the last EIGHT (8) paperwork submissions. Note you crooked bastards STILL have not addressed the document set conveyed prior to, during, and after the HOAX EUO of February 2014. Clearly if you can’t/don’t incorporate that simple document set for 2 years then you have been leading a fairly corrupted claims process. PLEASE PROVIDE THE REQUESTED DOCUMENTS IMMEDIATELY. PLEASE wire transfer maximums claim benefit as demanded. PLEASE PROVIDE responses as soon as possible via electronic and regular/certified mail asap because my care, treatment and therapy is suffering from the financial shortfall. This request for documents is being made in Civil Remedy notice, because clearly you do not acknowledge, address, or adjust documents otherwise. Your records and mine clearly indicate your long term failure to properly handle your fiduciary responsibilities. Your records and mine clearly indicate I have fulfilled all requirements despite your corrupted tactics. You must establish Good Faith or reach out to the Court. The Court is our only/last resort because of your continued corrupted approach. On September 1, 2015 all of your felony frauds and those of the third party carrier become perfected unless resolution is reached. Your attempts to delay and avoid responsibility to pass the statute has actually extended the statute of limitations indefinitely and limit of liability under Criminal Statutes. This was per your desire apparently. You only have a short time to resolve this under Civil Statute, then the protection therein is removed for you. The staff at the crooked attorney office has been notified of their role in the Aiding and Abetting of this loss. Surely any moron can see what they are doing and can be held responsible nfor facilitating the scam.


Comments
User Id Date Added Comment
kvanderlinde@boyd-jenerette.com 02-10-2015 A letter was sent to the Complainant on 2/10/2015 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