Civil Remedy Notice of Insurer Violations
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Filing Number:     293568
Filing Accepted:  8/14/2015
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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: Third Party


Insured
Last/Business Name*   DELGADO   First Name   FRANK
Policy # 1536252-2 Claim #* 1536252-2


Attorney
Attorney is Applicable


Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name  
 
Name of individual responsible for violation (if any): KEISHA PUSEY, JOHN PECORARO
Type of Insurance * Auto   
Reason for Notice *
Other : Criminal Conspiracy
Other : Aiding and Abetting
Other : Aiding and Abetting Fraud
Other : Accomplice Liability/De-facto Accessory to Crimes by way of complicity
Other : Conspiracy to commit crime
Other : Conspiracy to commit fraud
Other : Conspiracy to commit a felony
Other : truction of justice
Other : Conspiracy to defraud
Other : Misprision of Felony (For those with knowledge failing to file proper notifications and take actions
Other : Fraud, Attempted Fraud, and Federal Mail Fraud as listed in previous filings.
* 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.
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)(d) Denying claims without conducting reasonable investigations based upon available information.
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.

I have been made aware of the above referenced filing number for AmTrust North America (An AmTrust Financial Company) who assumed the personnel, claims handling, and administration for CastlePoint Florida/Tower Group as it relates to an incident of 8/29/2010. Appropriate notifications were made to CastlePoint Florida personnel Keisha Pusey/Rori Strickland/John Pecoraro at the time of accident. Contacts thereafter demonstrated that Keisha Pusey and John Pecoraro were intent in deceptive practices as outlined in numerous Civil Remedy filings as filed over the next 2-3 years. Ultimately CastlePoint Florida hired an attorney who committed some 18-26 frauds as filed in the Miami-Dade County Court to avoid/delay/deny coverage. The Court process was used to further the deception with ultimately USAA partnering or colluding with CastlePoint Florida to avoid reasonable settlements with the victims of the wreck. At this juncture AmTrust North America is connected to this loss via Aiding and Abetting, and benefiting from the numerous deceptions outlined in the nearly 80+ Civil Remedy filings concerning this loss. As the conventional statute of limitations is drawing near for a conventional "uninsured motorist" claim and USAA has failed to pay, the AmTrust/CastlePoint/Tower Group interests are now party to the USAA ruse, as USAA partied with them. This is a conspiracy to defraud with full felony responsibility both personally and corporately on all parties named to date. Nearly 80 Civil Remedy notices have been filed by the undersigned in regards to this case. The failure of the original financially responsible party to pay has triggered an ongoing felony conspiracy to which the company in individuals listed have partied with one another for more than 250 fraud attempts. At/on August 29. 2015 it would appear their frauds are "perfected" unless suitable settlement is received by victim.
 
* Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.

I have been made aware of the above referenced filing number for AmTrust North America (An AmTrust Financial Company) who assumed the personnel, claims handling, and administration for CastlePoint Florida/Tower Group as it relates to an incident of 8/29/2010. Appropriate notifications were made to CastlePoint Florida personnel Keisha Pusey/Rori Strickland/John Pecoraro at the time of accident. Contacts thereafter demonstrated that Keisha Pusey and John Pecoraro were intent in deceptive practices as outlined in numerous Civil Remedy filings as filed over the next 2-3 years. Ultimately CastlePoint Florida hired an attorney who committed some 18-26 frauds as filed in the Miami-Dade County Court to avoid/delay/deny coverage. The Court process was used to further the deception with ultimately USAA partnering or colluding with CastlePoint Florida to avoid reasonable settlements with the victims of the wreck. At this juncture AmTrust North America is connected to this loss via Aiding and Abetting, and benefiting from the numerous deceptions outlined in the nearly 80+ Civil Remedy filings concerning this loss. As the conventional statute of limitations is drawing near for a conventional "uninsured motorist" claim and USAA has failed to pay, the AmTrust/CastlePoint/Tower Group interests are now party to the USAA ruse, as USAA partied with them. This is a conspiracy to defraud with full felony responsibility both personally and corporately on all parties named to date. Nearly 80 Civil Remedy notices have been filed by the undersigned in regards to this case. The failure of the original financially responsible party to pay has triggered an ongoing felony conspiracy to which the company in individuals listed have partied with one another for more than 250 fraud attempts. At/on August 29. 2015 it would appear their frauds are "perfected" unless suitable settlement is received by victim.


Comments
User Id Date Added Comment
msturm@twrgrp.com 09-28-2015 September 27, 2015 Mr. Jeff Atwater, Chief Financial Officer Florida Department of Financial Services Bureau of Consumer Assistance Larsen Building 200 East Gaines Street Tallahassee, FL 32399-0322 RE: Our Claim Number: 1536252-2 Our Insured: Oliva Delivery Service, Inc. Plaintiff: Theodore Whidden Date of Loss: August 29, 2010 DFS No.: 293565, 293567, 293568 Dear Mr. Atwater: AmTrust North America is the claims administrator for Castlepoint Florida Insurance Company. Please allow this to serve as our response to the above referenced Civil Remedy Notices of Insurer Violation filed on this claim. By our count, with these three (3) additional and duplicative complaints, this makes sixty (60) Civil Remedy complaints filed by Mr. Whidden on this claim. These new complaints continue to misrepresent the facts of this case, all of which were addressed in previous responses. On January 9, 2013, Mr. Whidden filed a pro se lawsuit in the Third Judicial Circuit Court for Suwannee County, Florida, case number 2012-159-CA, Whidden vs. Oliva Delivery Service and Frank Delgado Yera. During this proceeding, he made the same allegations as made in his numerous Civil Remedy Complaints, which the Court dismissed as sham pleadings. On June 17, 2013, the presiding Judge eventually dismissed his case with prejudice. This dismissal legally prohibits, and extinguished any future actions against our insured. As indicated in this latest reiteration of his complaint, Mr. Whidden made a claim against his Uninsured Motorist carrier, USAA Insurance Company. Neither AmTrust nor Castlepoint Florida Insurance Company have any affiliation with USAA, nor have we communicated with them or had any active involvement in his Uninsured Motorist claim. Throughout the pendency of this claim, the record will show that Castlepoint Florida and AmTrust North America as claim administrator have handled this disputed claim reasonably, fairly and in good faith. Furthermore, it is our position none of our actions in the handling of this claim have violated any of the statutory provisions under F.S. 624.155(1)(b)(1) or F.S. 626.9541. Moreover, it is our position the complainant’s assertions of fraud, criminal conspiracy, obstruction of justice, conspiracy to commit a crime, conspiracy, aiding and abetting levied against AmTrust North America, and the named individuals are false, impudent, distorted, baseless and clearly defamatory. Very Truly Yours John R. Pecoraro, CPCU, SCLA Assistant Vice President, Claims Amtrust North America
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