Civil Remedy Notice of Insurer Violations
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Filing Number:     279573
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, SARA SEPULVEDA, DEBORAH CAKOUROS
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 Comes now Theodore L. Whidden nearly 5 years after a rear end collision (DOI 8/29/2010) to advise the Commissioner of Insurance State of Florida that the “Uninsured Motorist” coverage for Whidden’s vehicle, as “insured” by USAA is being withheld unlawfully. The scheme to defraud Whidden of coverage is vast, and attempts to convolute the case have been perpetuated by USAA agents, personnel, and attorneys. It is a clear cut scheme to defraud, in fact it appears to be a Commercial Scheme to Defraud subject to Florida Criminal Statutes Section 817. This filing is part of 50-100 Civil Remedy filings against USAA and there accomplices in a multi-layered scheme to defraud. Whidden as an assured of USAA was driving West on Interstate 10 near Live Oak, Florida. Whidden was rear ended by a high speed 18 wheeler at or around midnight on 8/29/2010. At the scene of the accident the truck driver produced evidence of insurance to officers stating that he was insured by Aequicap Casualty Company. Aequicap Casualty Company later advised that they did not insure the vehicle. This rendered the loss an uninsured motorist situation based on the foregoing. The statements above remain unrefuted. USAA and their agents have made numerous attempts to cause confusion and have lied prolifically to “muddy the water” of an otherwise simple uninsured motorist situation. Approximately 18 months following the accident a USAA Claims Agent by the name of Lisa Davis alleges to have spoken to an Aequicap Casualty agent on the phone. In her letter of that time period Lisa Davis stated that she spoke to Tanisha Pusey of Aequicap. The statement that Lisa Davis placed in writing is clearly fraudulent and an attempt at Fraud. It can be clearly demonstrated using the Commissioner of Insurance’s records that Aequicap Casualty company had been dissolved in a bankruptcy proceeding one year prior to the alleged phone call by Lisa Davis. Lisa Davis clearly committed fraud in writing. This letter was sent electronically to Whidden several months after it was inserted in to Whidden’s file. This constitutes both Mail Fraud and Wire Fraud. There were Civil Remedy filings at that time regarding Lisa Davis, and later regarding her superiors. It is simple to see that Lisa Davis committed numerous frauds. It is clear to see that her superiors shoring up her deceitful claims verbally and in writing committed numerous frauds. It is clear that all actions since that series of encounters to avoid liability are further actions to perpetuate the fraud. The situation gets somewhat convoluted due to the extensive dishonesty of USAA, their agents, and their legal team. The financial failure of Aequicap Casualty following the stipulation that they provided coverage when in fact they apparently did not renders this an “uninsured motorist” loss. Further the financial failure itself would render this an “uninsured motorist” case if they failed financially prior to filing of the loss. Effectively there is/was no insurance. USAA’s letter at the hand of Lisa Davis and her superiors thereafter, alleges to have spoken to someone at a company that no longer exists, and had not been in existence for one year prior to the alleged phone call. There is clear cut frauds (multiples) in the Lisa Davis letter chain. Lisa Davis’s statement in her crooked letter stating that she received word in a phone call that could not have taken place that the respondent on the phone advised an offer to settle had been made is a lie. Noting the Lisa Davis letter (subject of previous Civil Remedy notices) refuses to offer to discuss, negotiate, or settle claim based on an “offer” which never was made, nor can be manifested. Lisa Davis and USAA for some 3+ years have delayed and in essence denied benefits to an assured based on a phone call that never could have taken place, and issues stated within the letter that can not be substantiated. This is a failure to properly investigate, document, and report the loss. Lisa Davis and her numerous superiors criminal actions initiated a series of Civil Remedy filings against USAA. USAA and their agents and counsel are clearly engaged in a Commercial Scheme to defraud that seemingly has no end. USAA has engaged in several other schemes to defraud to avoid liability in this case. This is only one vein of a variegated attack on an assured/victim of the criminal actions of the insurance company. Other felony criminal schemes are outlined in part by my last Civil Remedy Filing which outlined the attempts of USAA to scheme with “Stand-up MRI” to liquidate the first two layers of coverage owed to the assured by USAA. In that scheme to defraud USAA partnered with “Stand-UP MRI” to liquidate the assured benefit package unlawfully. This was done using a different group of agents thus demonstrating the schemes to defraud used by USAA against their victims are numerous. It appeared at one time that a corporate liability policy of the trucking company may have some responsibility in the original loss. USAA and their agents refused to assist Whidden in his efforts to make this connection. At that time the agents of USAA advised they were not “for” Whidden’s efforts but rather opposed or against his efforts. That corporate entity hired multiple crooked attorneys and law firms, and unfortunately USAA colluded with that insurance group to assist in their attempt to destroy Whidden’s ability to recover. Whidden was present at one of those collusive meetings in the Miami-Dade County Court house, but the representatives did not recognize him until after they had completed their fraud. Whidden filed a Civil Remedy notice in regards to that December 18, 2013 meeting. USAA’s agents had filed written notice that they initially had no interest in the legal wrangling in Miami-Dade, but later filed for their notice of intervention thus delaying and taking charge of proceedings. USAA’s representative in that meeting before and after the meeting with the judge conspired with Tower Group/CastlePoint Florida to allow the insurance company off from their obligation to pay. Meanwhile, in that case 18 or more charges of fraud against the filing attorney were yet to be resolved. Thirty-five (35) more filings regarding the unlawful filings and gross unlawful conduct on the company were yet to be decided. The company USAA colluded with had committed more than 100 counts of fraud to avoid their potential financial responsibility, and USAA partnered with them to further that ruse. USAA entangled themselves in the third Commercial Scheme to Defraud subject to Florida Criminal Statute Section 817. They are now complicit in the unlawful (criminal felony) pursuits of Tower Group/CastlePoint Florida and all their agents. They Aided and Abetted more than 100 frauds. It now transpires that the “insurance group” (Tower Group/CastlePoint Florida) were moving quickly toward liquidation at the time of the unlawful ruling in Miami-Dade County on coverage. It seems that a ratings insurance audit revealed that Tower Group and all their subsidiaries (CastlePoint Florida and others) were all severely under-funded. Low capitalization in a “house of cards” once revealed caused the financial collapse of the parent and all the subsidiaries. Prior to the time of the ruling in Miami-Dade Dec 2013 it was apparent to the market that ratings for Tower Group companies was lowered substantially. This triggered fear in the market place and stocks collapsed to below the $2 range from a high of $30. Tower Group and their subsidiaries appears to be nothing more than a shell game, Ponzi scheme, or a house of cards. Tower Group and their subsidiaries were selling “insurance” and taking premiums apparently with no ability nor intention to pay anything. USAA in utilizing Tower Group/CastlePoint Florida’s unlawful tactics as gain for their own account are partnering with yet another Commercial Scheme to Defraud. Their connection and their assertions of any form of coverage at any point in time by this group is an attempt of their own fraud to benefit from the fraud of another. By any reasonable assessment one can see there never was insurance of any kind for the at-fault, third party carrier. By any viewpoint it is clear not only that there criminal felony schemes within the third party carrier group, but USAA has adapted similar character. USAA has used the ruse of another to purpose delay and defraud their assured of benefits due. Any idiot can see that Aequicap Casualty was never in position to pay a claim. Any idiot can see that Tower Group/CastlePoint Florida were never in position nor had intention to pay any claim. Any idiot can see that USAA and their agents have operated substantially outside the law as outlined in numerous Civil Remedies to date. By way of collusion and laws of complicity the assured Whidden would like to extend the Aiding and Abetting charges to USAA for their role in furthering the ruse of TowerGroup/CastlePoint Florida, noting specifically USAA’s criminal failure to forward payments under “medical payments, PIP, and uninsured motorist”. It is affirmed that USAA’s criminal deception in the last Civil Remedy filing shows character and content for the other numerous Criminal Conspiracy Schemes to Defraud. The assured has repetitively requested numerous times for some third party intervention (arbitration/mitigation) measures per policy, but requests have gone unanswered. The assured has filed numerous packages with USAA in an effort to file claim per their dictates, but USAA’s personnel and their agents have repetitively destroyed, displaced and concealed (fraud) documents. As a case in point, the HOAX Examination Under Oath (EUO) of 2/4/2014 there was a document set conveyed to the attorney for USAA in a meeting of their own making and recording. In that meeting the assured/victim Whidden passed a document set to the attorney during the recording and demonstrated in the recording that USAA and the attorney had sat on the documents for 1 year at that time without proper handling. One year has yet passed again, for a total of TWO YEARS and the attorney/agents of USAA have not acknowledged or adjusted those documents for payment. These are very crooked people we are dealing with. In the hoax EUO of 2/14/2014 the crooked attorney Kristin Van Der Linde went nutty as a sprayed cock roach and ran out of the room because she was in severely over her head. Van Der Linde disposed of documents that very day. Since the hoax EUO of 2/14/2014 Whidden has sent multiples of packages with follow-up documents to the law firm of Boyd and Jenerrette. Not a single package has been acknowledged, addressed, or adjusted. We not have outstanding adjustments and payments some 4+ years after the fact. The USAA claims and attorney team continue filing criminal felony responses to the Commissioner of Insurance office denying these and many other assertions. All the above is true. All of the Civil Remedy filings thus far are true. The certified statements by USAA’s legal team are their efforts to further the Criminal Conspiracies of many. This provides multiple avenues of attack legally, because USAA’s crooked claims and legal team continue in their effort to commit frauds on their own, while becoming complicit in the criminal scheme efforts of others. In so doing, each person listed thus far is Aiding and Abetting some 1000+ criminal felonies, while committing their own. Any idiot can see this is Criminal Scheme to Defraud. It is in USAA’s interest to stop the ruse. USAA has violated the Statute of Limitations and “perfected” one set of frauds on the anniversary date last year. USAA has the opportunity to pay the full “uninsured motorist” policy coverage of $300,000 plus an admitted triple penalty for continued “Bad Faith” on all three subject policies for a total of $1,260,000 million dollars. It is really rather simple, that would move us all towards resolution. No “release” or any other document is required for USAA to make wire transfer to the assured/victim’s account as they were instructed to do in writing at the HOAX EUO of 2/14/2014. USAA and their attorneys have the wire details to affect that financial transfer. Meanwhile, if the funds are not transferred immediately, then the assured reserves the right to try USAA and each of their agents separately, personally, and/or corporately as allowed by criminal law statutes holding them responsible in multiples based on Section 817 of Florida Criminal Statutes for each of their own frauds, as well as each of those with whom they affiliate, extending all the way to the 100+ counts of fraud by the clearly fraudulent house of cards from Tower Group. Using USAA’s agent letters we can establish the value of their deception at One Million Dollars per incident. Also, prior to the collusive acts of USAA there were filings against Tower Group in the billions of dollars to which USAA will likely find themselves complicit. This is an elaborate scheme of willful deception. The attorneys and agents for USAA are either completely corrupt or inept and incompetent. They are trying to weave a tale of deception, when any idiot can see at the outset this was a simple “Uninsured Motorist” case, and it has never changed from their perspective despite their outlandish deceptions and criminal assertions stated in writing to the Commissioner of Insurance Office prior to now. It has at times become complicated and confused, yet this is in large part due to the numerous lies and deceptions of their agents (Schemes to Defraud). Any idiot except the idiots USAA has hired can see this. Again, idiots and incompetent which against the law and their training, or they are crooked by design. Either situation is severe Bad Faith at a minimum. The Civil Remedy process is supposed to allow citizens to give the criminals a chance to do right. Now, approaching 100 filings they have lied at each and every turn. A wire transfer is required to my personal account for the maximum amount of possible Civil Penalties per policy, or we can move it to another level. The assured has requested numerous times that USAA make the Civil steps to finalize this case, yet they have refused. If caught in their criminal ruse it is clearly willful from hence forward with maximum penalties for all parties.
 
* 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. 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 Comes now Theodore L. Whidden nearly 5 years after a rear end collision (DOI 8/29/2010) to advise the Commissioner of Insurance State of Florida that the “Uninsured Motorist” coverage for Whidden’s vehicle, as “insured” by USAA is being withheld unlawfully. The scheme to defraud Whidden of coverage is vast, and attempts to convolute the case have been perpetuated by USAA agents, personnel, and attorneys. It is a clear cut scheme to defraud, in fact it appears to be a Commercial Scheme to Defraud subject to Florida Criminal Statutes Section 817. This filing is part of 50-100 Civil Remedy filings against USAA and there accomplices in a multi-layered scheme to defraud. Whidden as an assured of USAA was driving West on Interstate 10 near Live Oak, Florida. Whidden was rear ended by a high speed 18 wheeler at or around midnight on 8/29/2010. At the scene of the accident the truck driver produced evidence of insurance to officers stating that he was insured by Aequicap Casualty Company. Aequicap Casualty Company later advised that they did not insure the vehicle. This rendered the loss an uninsured motorist situation based on the foregoing. The statements above remain unrefuted. USAA and their agents have made numerous attempts to cause confusion and have lied prolifically to “muddy the water” of an otherwise simple uninsured motorist situation. Approximately 18 months following the accident a USAA Claims Agent by the name of Lisa Davis alleges to have spoken to an Aequicap Casualty agent on the phone. In her letter of that time period Lisa Davis stated that she spoke to Tanisha Pusey of Aequicap. The statement that Lisa Davis placed in writing is clearly fraudulent and an attempt at Fraud. It can be clearly demonstrated using the Commissioner of Insurance’s records that Aequicap Casualty company had been dissolved in a bankruptcy proceeding one year prior to the alleged phone call by Lisa Davis. Lisa Davis clearly committed fraud in writing. This letter was sent electronically to Whidden several months after it was inserted in to Whidden’s file. This constitutes both Mail Fraud and Wire Fraud. There were Civil Remedy filings at that time regarding Lisa Davis, and later regarding her superiors. It is simple to see that Lisa Davis committed numerous frauds. It is clear to see that her superiors shoring up her deceitful claims verbally and in writing committed numerous frauds. It is clear that all actions since that series of encounters to avoid liability are further actions to perpetuate the fraud. The situation gets somewhat convoluted due to the extensive dishonesty of USAA, their agents, and their legal team. The financial failure of Aequicap Casualty following the stipulation that they provided coverage when in fact they apparently did not renders this an “uninsured motorist” loss. Further the financial failure itself would render this an “uninsured motorist” case if they failed financially prior to filing of the loss. Effectively there is/was no insurance. USAA’s letter at the hand of Lisa Davis and her superiors thereafter, alleges to have spoken to someone at a company that no longer exists, and had not been in existence for one year prior to the alleged phone call. There is clear cut frauds (multiples) in the Lisa Davis letter chain. Lisa Davis’s statement in her crooked letter stating that she received word in a phone call that could not have taken place that the respondent on the phone advised an offer to settle had been made is a lie. Noting the Lisa Davis letter (subject of previous Civil Remedy notices) refuses to offer to discuss, negotiate, or settle claim based on an “offer” which never was made, nor can be manifested. Lisa Davis and USAA for some 3+ years have delayed and in essence denied benefits to an assured based on a phone call that never could have taken place, and issues stated within the letter that can not be substantiated. This is a failure to properly investigate, document, and report the loss. Lisa Davis and her numerous superiors criminal actions initiated a series of Civil Remedy filings against USAA. USAA and their agents and counsel are clearly engaged in a Commercial Scheme to defraud that seemingly has no end. USAA has engaged in several other schemes to defraud to avoid liability in this case. This is only one vein of a variegated attack on an assured/victim of the criminal actions of the insurance company. Other felony criminal schemes are outlined in part by my last Civil Remedy Filing which outlined the attempts of USAA to scheme with “Stand-up MRI” to liquidate the first two layers of coverage owed to the assured by USAA. In that scheme to defraud USAA partnered with “Stand-UP MRI” to liquidate the assured benefit package unlawfully. This was done using a different group of agents thus demonstrating the schemes to defraud used by USAA against their victims are numerous. It appeared at one time that a corporate liability policy of the trucking company may have some responsibility in the original loss. USAA and their agents refused to assist Whidden in his efforts to make this connection. At that time the agents of USAA advised they were not “for” Whidden’s efforts but rather opposed or against his efforts. That corporate entity hired multiple crooked attorneys and law firms, and unfortunately USAA colluded with that insurance group to assist in their attempt to destroy Whidden’s ability to recover. Whidden was present at one of those collusive meetings in the Miami-Dade County Court house, but the representatives did not recognize him until after they had completed their fraud. Whidden filed a Civil Remedy notice in regards to that December 18, 2013 meeting. USAA’s agents had filed written notice that they initially had no interest in the legal wrangling in Miami-Dade, but later filed for their notice of intervention thus delaying and taking charge of proceedings. USAA’s representative in that meeting before and after the meeting with the judge conspired with Tower Group/CastlePoint Florida to allow the insurance company off from their obligation to pay. Meanwhile, in that case 18 or more charges of fraud against the filing attorney were yet to be resolved. Thirty-five (35) more filings regarding the unlawful filings and gross unlawful conduct on the company were yet to be decided. The company USAA colluded with had committed more than 100 counts of fraud to avoid their potential financial responsibility, and USAA partnered with them to further that ruse. USAA entangled themselves in the third Commercial Scheme to Defraud subject to Florida Criminal Statute Section 817. They are now complicit in the unlawful (criminal felony) pursuits of Tower Group/CastlePoint Florida and all their agents. They Aided and Abetted more than 100 frauds. It now transpires that the “insurance group” (Tower Group/CastlePoint Florida) were moving quickly toward liquidation at the time of the unlawful ruling in Miami-Dade County on coverage. It seems that a ratings insurance audit revealed that Tower Group and all their subsidiaries (CastlePoint Florida and others) were all severely under-funded. Low capitalization in a “house of cards” once revealed caused the financial collapse of the parent and all the subsidiaries. Prior to the time of the ruling in Miami-Dade Dec 2013 it was apparent to the market that ratings for Tower Group companies was lowered substantially. This triggered fear in the market place and stocks collapsed to below the $2 range from a high of $30. Tower Group and their subsidiaries appears to be nothing more than a shell game, Ponzi scheme, or a house of cards. Tower Group and their subsidiaries were selling “insurance” and taking premiums apparently with no ability nor intention to pay anything. USAA in utilizing Tower Group/CastlePoint Florida’s unlawful tactics as gain for their own account are partnering with yet another Commercial Scheme to Defraud. Their connection and their assertions of any form of coverage at any point in time by this group is an attempt of their own fraud to benefit from the fraud of another. By any reasonable assessment one can see there never was insurance of any kind for the at-fault, third party carrier. By any viewpoint it is clear not only that there criminal felony schemes within the third party carrier group, but USAA has adapted similar character. USAA has used the ruse of another to purpose delay and defraud their assured of benefits due. Any idiot can see that Aequicap Casualty was never in position to pay a claim. Any idiot can see that Tower Group/CastlePoint Florida were never in position nor had intention to pay any claim. Any idiot can see that USAA and their agents have operated substantially outside the law as outlined in numerous Civil Remedies to date. By way of collusion and laws of complicity the assured Whidden would like to extend the Aiding and Abetting charges to USAA for their role in furthering the ruse of TowerGroup/CastlePoint Florida, noting specifically USAA’s criminal failure to forward payments under “medical payments, PIP, and uninsured motorist”. It is affirmed that USAA’s criminal deception in the last Civil Remedy filing shows character and content for the other numerous Criminal Conspiracy Schemes to Defraud. The assured has repetitively requested numerous times for some third party intervention (arbitration/mitigation) measures per policy, but requests have gone unanswered. The assured has filed numerous packages with USAA in an effort to file claim per their dictates, but USAA’s personnel and their agents have repetitively destroyed, displaced and concealed (fraud) documents. As a case in point, the HOAX Examination Under Oath (EUO) of 2/4/2014 there was a document set conveyed to the attorney for USAA in a meeting of their own making and recording. In that meeting the assured/victim Whidden passed a document set to the attorney during the recording and demonstrated in the recording that USAA and the attorney had sat on the documents for 1 year at that time without proper handling. One year has yet passed again, for a total of TWO YEARS and the attorney/agents of USAA have not acknowledged or adjusted those documents for payment. These are very crooked people we are dealing with. In the hoax EUO of 2/14/2014 the crooked attorney Kristin Van Der Linde went nutty as a sprayed cock roach and ran out of the room because she was in severely over her head. Van Der Linde disposed of documents that very day. Since the hoax EUO of 2/14/2014 Whidden has sent multiples of packages with follow-up documents to the law firm of Boyd and Jenerrette. Not a single package has been acknowledged, addressed, or adjusted. We not have outstanding adjustments and payments some 4+ years after the fact. The USAA claims and attorney team continue filing criminal felony responses to the Commissioner of Insurance office denying these and many other assertions. All the above is true. All of the Civil Remedy filings thus far are true. The certified statements by USAA’s legal team are their efforts to further the Criminal Conspiracies of many. This provides multiple avenues of attack legally, because USAA’s crooked claims and legal team continue in their effort to commit frauds on their own, while becoming complicit in the criminal scheme efforts of others. In so doing, each person listed thus far is Aiding and Abetting some 1000+ criminal felonies, while committing their own. Any idiot can see this is Criminal Scheme to Defraud. It is in USAA’s interest to stop the ruse. USAA has violated the Statute of Limitations and “perfected” one set of frauds on the anniversary date last year. USAA has the opportunity to pay the full “uninsured motorist” policy coverage of $300,000 plus an admitted triple penalty for continued “Bad Faith” on all three subject policies for a total of $1,260,000 million dollars. It is really rather simple, that would move us all towards resolution. No “release” or any other document is required for USAA to make wire transfer to the assured/victim’s account as they were instructed to do in writing at the HOAX EUO of 2/14/2014. USAA and their attorneys have the wire details to affect that financial transfer. Meanwhile, if the funds are not transferred immediately, then the assured reserves the right to try USAA and each of their agents separately, personally, and/or corporately as allowed by criminal law statutes holding them responsible in multiples based on Section 817 of Florida Criminal Statutes for each of their own frauds, as well as each of those with whom they affiliate, extending all the way to the 100+ counts of fraud by the clearly fraudulent house of cards from Tower Group. Using USAA’s agent letters we can establish the value of their deception at One Million Dollars per incident. Also, prior to the collusive acts of USAA there were filings against Tower Group in the billions of dollars to which USAA will likely find themselves complicit. This is an elaborate scheme of willful deception. The attorneys and agents for USAA are either completely corrupt or inept and incompetent. They are trying to weave a tale of deception, when any idiot can see at the outset this was a simple “Uninsured Motorist” case, and it has never changed from their perspective despite their outlandish deceptions and criminal assertions stated in writing to the Commissioner of Insurance Office prior to now. It has at times become complicated and confused, yet this is in large part due to the numerous lies and deceptions of their agents (Schemes to Defraud). Any idiot except the idiots USAA has hired can see this. Again, idiots and incompetent which against the law and their training, or they are crooked by design. Either situation is severe Bad Faith at a minimum. The Civil Remedy process is supposed to allow citizens to give the criminals a chance to do right. Now, approaching 100 filings they have lied at each and every turn. A wire transfer is required to my personal account for the maximum amount of possible Civil Penalties per policy, or we can move it to another level. The assured has requested numerous times that USAA make the Civil steps to finalize this case, yet they have refused. If caught in their criminal ruse it is clearly willful from hence forward with maximum penalties for all parties.


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.

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