Civil Remedy Notice of Insurer Violations
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Filing Number:     279572
Filing Accepted:  2/15/2015
   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 # 0316-07-13U Claim #* 0316-07-13U


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): KRISTEN VAN DER LINDE, KATHRYN MERKER OUGHTON (ATTORNIES), DEBORAH CAKOUROS, SARA SEPUVEDA
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.

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 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 This is the anniversary of the crooked USAA attorneys video taping their crimes. Valentine's Day 2015. One year ago on February 14, 2014 the attorneys for USAA staged a HOAX EUO in which they video-taped a dramatic presentation by their crooked attorney. The purpose of that meeting was apparently to agitate and annoy the injured party and victim of the USAA/Attorney conspiracy to defraud. Conspiracy to defraud and many of its elements are revealed in the 80+ Civil Remedies filed to date. NONE of the Civil Remedy filings have been remedied, nor has any attempt been made to remedy any of the complaint. The loss is riddled with frauds and deceptions from every single known agent or attorney appointed behalf of USAA. This means there are literally multiplied hundreds of frauds and aiding and abetting attempts to further the ruse. Meanwhile, today's filing on the one year anniversary of the HOAX EUO is to point to the FACT that documents conveyed in that meeting have as yet one year later not been acknowledged, addressed, or adjusted. This is in direct violation of the Civil Remedy laws above for failure to properly manage and handle the file and/or victim/claimant correspondence. The documents conveyed on video in a meeting of their own making were demonstrated on the same video that this was at least the second presentation of the same document set. This means this is the second year anniversary of a document set being ignored after multiple submissions. The submission one year ago was caught on video with the crooked, no good piece of shit attorney receiving them TWICE from the victim in their own EUO. This filing is in part due to the two and one half year consistent failure of USAA and their appointed agents to properly acknowledge, address, or adjust ANY DOCUMENT set, including those specifically referred to herein. This filing follows a 4 year set of frauds and patterns of fraud involving each person who has contacted the victim or the file. Each and everyone thus far has initiated and perfected frauds of their own making and volition, and facilitated frauds of their accomplices in this very determined conspiracy to defraud. USAA and their corruption and collusion team should be aware that under Florida Law Section 817 a commercial scheme to defraud is chargeable for each and every written attempt at perpetrating the fraud, and all those peripherally are guilty of aiding and abetting as if they did it themselves. This could take as many as 50 people times 50 other people'f frauds for 2500 chargeable approaches if each of these crooked bastards only committed one each. We're talking about a one million dollar loss per documents shared by the USAA counsel, plus triple penalities if we go the Civil route. The Commissioner of Insurance and his office must see that clearly there is a Civil opportunity for resolution passing us by. NO integrity whatsoever at any point in time has been displayed by USAA. We have a complete failure of all Florida Rules and Laws for document management and efficient claims handling. This is all apparently in an effort to unlawfully delay claim in a criminal manner by USAA and their agents as appointed. We would like to extend responsibility and liability to all their personal, professional, and corporate assets as we move towards a landmark insurance corruption expose. USAA has refused to allow or facilitate any form of mediation per policy terms and have completely ignored their responsibilities. In additional filings this day the Commissioner wills ee that nearly 5 years after the accident USAA has failed to even initiate moves towards adjustment or attendance of wreck components. FIVE YEARS, no attendance, no adjustment, no compensation for my vehicle. The continued agitation both financially, mentally and in other ways has heightened PTSD issues, and is seen to be willful and wanton abuse by USAA and their agents. It is a manner in which they do business. The pattern seems clear. But only if Elvis sang it. USAA has materially lied at virtually every opportunity or instance including members of management, upper level management, and their appointed agents and counsel. USAA's continued denial of these assertions even further imbed their dishonesty, lies, and patterns of lies. The entire process has been riddled with FRAUD. No proper adjustment of documents has been provided in FOUR YEARS it seems. Document delay is common. USAA have materially lied in numerous responses to the Commissioner of Insurance. They have actually used the Civil Remedy process to abuse and harass the victim with bait and switch tactics. The victim/assured has requested numerous times for honesty, integrity and intervention. The assured has pleaded with USAA and their advocates to stop their crooked attempts. They persist. Since August 2010 the assured had been victim of a host of atrocities at the hands of a severely corrupt approach and pattern with the stated intention of avoiding a million dollar liability. The collusion and other criminal felony issues at hand should serve to remove all statutes of limitations and limits of liability of the carrier to include at minimum the full limits of their Errors and Omissions coverage. It would seem criminal of the Court itself to allow USAA to pay their criminal activities under the E&O policy. Demand remains reasonable as per the last and recent filings with reservations to add Inequitable Doctrine expenses as would be clearly allowable in this instance for the account of USAA and their agents.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

The Insurer has failed in fiduciary responsibilities apparently in an effort to maintain a commercial scheme to defraud. It is multi-faceted crime with all parties in the employ of USAA partying to fulfill the criminal end. 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 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 This is the anniversary of the crooked USAA attorneys video taping their crimes. Valentine's Day 2015. One year ago on February 14, 2014 the attorneys for USAA staged a HOAX EUO in which they video-taped a dramatic presentation by their crooked attorney. The purpose of that meeting was apparently to agitate and annoy the injured party and victim of the USAA/Attorney conspiracy to defraud. Conspiracy to defraud and many of its elements are revealed in the 80+ Civil Remedies filed to date. NONE of the Civil Remedy filings have been remedied, nor has any attempt been made to remedy any of the complaint. The loss is riddled with frauds and deceptions from every single known agent or attorney appointed behalf of USAA. This means there are literally multiplied hundreds of frauds and aiding and abetting attempts to further the ruse. Meanwhile, today's filing on the one year anniversary of the HOAX EUO is to point to the FACT that documents conveyed in that meeting have as yet one year later not been acknowledged, addressed, or adjusted. This is in direct violation of the Civil Remedy laws above for failure to properly manage and handle the file and/or victim/claimant correspondence. The documents conveyed on video in a meeting of their own making were demonstrated on the same video that this was at least the second presentation of the same document set. This means this is the second year anniversary of a document set being ignored after multiple submissions. The submission one year ago was caught on video with the crooked, no good piece of shit attorney receiving them TWICE from the victim in their own EUO. This filing is in part due to the two and one half year consistent failure of USAA and their appointed agents to properly acknowledge, address, or adjust ANY DOCUMENT set, including those specifically referred to herein. This filing follows a 4 year set of frauds and patterns of fraud involving each person who has contacted the victim or the file. Each and everyone thus far has initiated and perfected frauds of their own making and volition, and facilitated frauds of their accomplices in this very determined conspiracy to defraud. USAA and their corruption and collusion team should be aware that under Florida Law Section 817 a commercial scheme to defraud is chargeable for each and every written attempt at perpetrating the fraud, and all those peripherally are guilty of aiding and abetting as if they did it themselves. This could take as many as 50 people times 50 other people'f frauds for 2500 chargeable approaches if each of these crooked bastards only committed one each. We're talking about a one million dollar loss per documents shared by the USAA counsel, plus triple penalities if we go the Civil route. The Commissioner of Insurance and his office must see that clearly there is a Civil opportunity for resolution passing us by. NO integrity whatsoever at any point in time has been displayed by USAA. We have a complete failure of all Florida Rules and Laws for document management and efficient claims handling. This is all apparently in an effort to unlawfully delay claim in a criminal manner by USAA and their agents as appointed. We would like to extend responsibility and liability to all their personal, professional, and corporate assets as we move towards a landmark insurance corruption expose. USAA has refused to allow or facilitate any form of mediation per policy terms and have completely ignored their responsibilities. In additional filings this day the Commissioner wills ee that nearly 5 years after the accident USAA has failed to even initiate moves towards adjustment or attendance of wreck components. FIVE YEARS, no attendance, no adjustment, no compensation for my vehicle. The continued agitation both financially, mentally and in other ways has heightened PTSD issues, and is seen to be willful and wanton abuse by USAA and their agents. It is a manner in which they do business. The pattern seems clear. But only if Elvis sang it. USAA has materially lied at virtually every opportunity or instance including members of management, upper level management, and their appointed agents and counsel. USAA's continued denial of these assertions even further imbed their dishonesty, lies, and patterns of lies. The entire process has been riddled with FRAUD. No proper adjustment of documents has been provided in FOUR YEARS it seems. Document delay is common. USAA have materially lied in numerous responses to the Commissioner of Insurance. They have actually used the Civil Remedy process to abuse and harass the victim with bait and switch tactics. The victim/assured has requested numerous times for honesty, integrity and intervention. The assured has pleaded with USAA and their advocates to stop their crooked attempts. They persist. Since August 2010 the assured had been victim of a host of atrocities at the hands of a severely corrupt approach and pattern with the stated intention of avoiding a million dollar liability. The collusion and other criminal felony issues at hand should serve to remove all statutes of limitations and limits of liability of the carrier to include at minimum the full limits of their Errors and Omissions coverage. It would seem criminal of the Court itself to allow USAA to pay their criminal activities under the E&O policy. Demand remains reasonable as per the last and recent filings with reservations to add Inequitable Doctrine expenses as would be clearly allowable in this instance for the account of USAA and their agents.


Comments
User Id Date Added Comment
kvanderlinde@boyd-jenerette.com 04-14-2015 A letter was sent to the Complainant on 4/14/2015 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.

Before submitting a Notice using this system, please verify that all text has been entered correctly and completely. Once the Notice has been submitted, the text cannot be changed or deleted.

After submitting a Notice using this system, you must PRINT A COPY and provide it to the insurer.




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