IN THIS ISSUE JULY 2016 Vol 12 Issue 7
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Berkshire3 Hathaway Ins Companies In Trouble With CA DOI
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Insurers ordered to cease and desist sale of “illegal” workers’ comp policies
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Use Facebook? 1 Step Can Prevent Things From Coming Back To Haunt You
Leading competitive rating solution now available for homeowner carriers.
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Kim Komando tells you how to protect yourself in an increasingly dangerous digital world.
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Insured’s Settlement With Underlying Insurer is fatal to Claim to Excess Excess Insurance Only Applies After Exhaustion of Primary Coverages - by Barry Zalma, Esq.
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Mississippi DOI Issues Alert on Unlicensed Agent Operating in N. Mississippi DOI warns of an unlicensed individual collecting premiums and acting as an agent...
Seven Indicted In $98 Million Insurance Fraud The charges stem from the operation of a workers’ compensation medical mill, spearheaded by chiropractor Peyman Heidary.
North Korea Deemed Primary Money Laundering Concern Once identified, the Secretary can require U.S. financial institutes to take appropriate countermeasures.
Texas Agent Arrested in Scam Targeting Elderly Clients
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Joseph Allen Gaines was arrested last month on charges that he kept clients’ money that was intended to be used to purchase annuities.
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Vertafore Expands Leading Rating Product, PL Rating, Into Florida Property Market
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It wasn’t the first and it won’t be the last country to utterly fail under socialism - but Venezuela is the country that’s collapsing today.
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Unlicensed Insurance Agent Arrested: Theft totalling More Than $140,000 Evidence revealed Meseer, doing business as MRM Insurance, began illegally managing MRM Insurance after a relative’s license expired in 2009.
Fake Adjuster Nabbed In North Carolina McIntyre acted as an adjuster without having a license to do so and that he intentionally inflated the repair estimate and told the homeowners to submit settlement checks directly to him.
Virginia Advises Massive Data Breach of Inactive Agent Personal Data VA DOI is advising former licensed insurance agents of the potential improper access to their personal data by a former contractor.
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Venezuela: Just The Latest Failure of Socialism. Somebody Tell Bernie!
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NASA’s Going To Mars! See How She’s Getting There... Watch the amazing vid!
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Unbelievable Vintage Ads!
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Obama’s Attorney General Loretta Lynch decides we should defeat ISIS with compassion, unity & love. You can’t make this stuff up Folks...
The Insider reviews some amazing old ads that tell us more about our culture in the Mad Men era than any book!
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Take Your Best Shot! The Insider Advisor offers some red-hot pointers on how to turn your boring digital snapshots into interesting, time-worthy photographs.
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Ohio Revokes Agent’s License After $800K Misrepresentation Ohio revoked the license of insurance agent Brian Willms, of Dublin, for misrepresenting life insurance policies as an investment.
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And Those Were The Peaceful, Moderate Muslims...
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Wing Suit Crazies Cheat Death - Nutz... It’s not enough to fly through the air on nothing but a sheet at 120mph, you must miss ledges & trees by inches to make it interesting...
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Giant Crushing Machine Can Eat A Car In Minutes These machines are unbelievable - they can make anything disappear in just moments.
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A group of enraged Egyptian Muslims torched 80 homes belonging to Christians in June. It seems the American fetish for “diversity” is not universal...
SPECIAL: Pg 43 Image Credit: Creative Commons
It’s A Liberal Kumbaya Moment:
FEATURES 7
Kim Komando
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Barry Zalma
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Advertising
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Inside Track
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Insider Advisor
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Classifieds
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Say What?
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Back Issues
Rampant Workers Comp Fraud Continues In Florida - 8 More Arrested Eight individuals advertised their ability to perform wide-ranging plumbing and electrical work without proper licenses or training, and without having workers’ compensation coverage to protect their employees. Busted.
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July 2016
NEWS
BERKSHIRE HATHAWAY INSURANCE COMPANIES IN TROUBLE WITH CA DOI Insurers ordered to cease and desist sale of illegal workers’ compensation policies
consistent with the decision.
"My cease and desist order requires California Insurance Company and Applied Underwriters Captive Risk Assurance Company, Inc. to stop ACRAMENTO, Calif. — selling unfiled insurance policies, California Insurance and stop renewing policies that Company (CIC) and have not been filed with the Applied Underwriters Captive Department," said Insurance Risk Assurance Company, Commissioner Inc. (AUCRA), These filing Dave Jones. "The two Berkshire requirements p r e c e d e n t i a l H a t h a w a y Shasta Linen were put companies, were decision and issued a cease and in place to protect order found desist order from that California businesses from the California n s u r a n c e insurers seeking to ICompany Department was of Insurance take advantage of their circumventing f o l l o w i n g regulatory C o m m i s s i o n e r market power – Shasta oversight by Jones' decision in Linen is an example imposing unfiled the Shasta Linen of why it's critically rates and terms case that CIC on a small family used unapproved important to require owned business, rates in a complex insurers to file all their including terms insurance scheme requiring the rate and terms." that circumvented small business to regulatory review. pay hundreds of thousands of dollars more and to resolve any The order requires CIC and disputes with the insurer in the AUCRA to cease and desist from British Virgin Islands." issuing or renewing any workers' compensation policy that uses an un-filed and unapproved ancillary or collateral agreement See Berkshire Hathaway Pg 25
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INSURANCE • POLITICS • TECHNOLOGY • PEOPLE A Publication of AdMax Corp., Inc. Corporate Offices P.O. Box 31551 Palm Beach Gardens, Florida 33420 Ron Manera, Publisher/Senior Editor Join Me On Linkedin: HERE Follow Me On Instagram: @rmanera 561.718.0745 • ron@insurmedia.com
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July 2016
TECHNOLOGY
USE FACEBOOK? ONE STEP CAN PREVENT THINGS FROM COMING BACK TO HAUNT YOU
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Really Cool Info - by Kim Komando
ivorce attorneys are having a field day with evidence that people are routinely posting on Facebook. Employers check a prospective employee’s social media account to get a better idea of what makes a person tick. Whether it’s a casual date or business partner, a little Facebook snooping can go a long way.
Facebook account. Then click the down arrow in the upperright corner and select “Activity Log.” You can also access your Activity Log by clicking on the “View Activity Log” button found on the right side of the cover photo area of your Facebook page.
Fortunately, you can see exactly what you have posted online and remove it. But there’s also a littleknown trick that lets you download your entire Facebook history so you can go through each posting, message, chat conversation and more one-by-one. Let’s start, though, with what shows up on your timeline.
Using filters to find and edit posts faster In the left-hand column, you’ll see a list of filters. These show you just the posts in your Timeline about those particular topics. For example, if you only want to look at things you’ve posted in the past, select “Your Posts.” You can also just look at “Photos,” things you’ve “Liked” and “Comments” you’ve made on posts, photos and videos. Click the “More” link to see more filters like “Videos,” “Groups,” “Events,” etc. You can then review these sections and click on the little pencil icon to hide them from your timeline.
Taming your activity log If you’d like to go back and edit what shows up on your timeline, you can do that by reviewing your Facebook Depending on how active you activity log. are on Facebook, it could have thousands of entries to scroll To do this, sign in to your www.underwritersinsider.com
through. Luckily, Facebook has a few tools to make things easier to find what you’re looking for.
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Clearing your Facebook search history See Kim Komando Pg 44 July 2016
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INSURANCE & THE LAW
INSURED’S SETTLEMENT WITH UNDERLYING INSURER IS FATAL TO CLAIM TO EXCESS Expert Analysis & Commentary by Barry Zalma, Esq., CFE Excess Insurance Only Applies After Exhaustion of Primary Coverages
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Company (“Great American”), American Guarantee & Liability Insurance Company (“American Guarantee”), and Endurance American Specialty Insurance Company (“Endurance”) (collectively “the Defendants”)— appeal the district court’s order granting summary judgment in favor of Gary and Teresina Coker (“the Cokers”) with respect to the Cokers’ breach of contract claims against the Defendants.
ninsured and Underinsured Motorist (UM/UIM) is designed to protect the public injured by an uninsured or underinsured motorist by purchasing UM/UIM coverage to avoid the risk of being injured by an uninsured or underinsured motorist. Join Barry Zalma’s new Blog: Statutes in the various states http://www.zalma.com/blog require insurers to offer UM/UIM coverage but do not require that The district court concluded people buy the coverage. that Georgia’s UM statute In Coker v. American Guarantee imposed upon the Defendants and Liability Insurance Company, an unconditional obligation United States Court of Appeals, to provide UM coverage to Eleventh Circuit, — F.3d —-, Gary Coker as if they were 2016 WL 3342621 (June 15, 2016) primary insurers, and that the three excess liability insurers— Defendants’ failure to tender Great American Insurance payment amounted to a breach
of contract. The defendant excess insurers appealed. FACTUAL BACKGROUND Car Accident, Consent Judgment, and Relevant Liability Policies On September 18, 2007, Plaintiff Gary Coker was driving a truck owned by his then employer, Ansco & Associates (“Ansco”), on a Georgia road. Third-party motorist Donald Woodall crossed the center line of the road and struck Coker head on. Coker was severely injured in the accident. In November 2010, the Cokers obtained a $5.5 million consent judgment against Woodall. Though Woodall had an automobile liability insurance policy, he was considered “underinsured” because his policy limits were $25,000 and were not nearly high enough to satisfy the consent judgment.
Barry Zalma, Esq., CFE, practiced law in California for more than 43 years as an insurance coverage and claims handling lawyer. He now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He founded Zalma Insurance Consultants in 2001 and serves as its only consultant. 8
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July 2016
The Cokers provided Woodall with a limited liability release in exchange for $25,000, the full limit of Woodall’s automobile liability policy.
automobile liability coverage. The Liberty Mutual policy specifically provides that “[f ] or any covered ‘auto’ you own, this Coverage Form provides primary insurance.” The Despite this partial recovery “Uninsured Motorist Coverage from Woodall’s insurer, the Option Form” attached to the vast majority of the Liberty Mutual policy $5.5 million consent reflects that Ansco The plaintiff, and his judgment remained explicitly rejected UM lawyers, managed to get unsatisfied. To satisfy coverage in writing the remainder of the settlements from two excess on both September 5, consent judgment, 2006, and September insurers and the primary insurer for the Cokers turned to 24, 2007. sums less than their limits and then policies purchased by Coker’s employer, The Westchester went to the excess insurers for more Ansco. Umbrella Policy money. Since the three excess insurers The $10 million At the time of the accident, Ansco held Westchester policy who were defendants required a full the following liability exhaustion of the underlying insurance, provides coverage for insurance policies: “those sums in excess by settling for less than limits the of the ‘Retained Limit’ A. Liberty Mutual plaintiffs destroyed their own case and which the ‘Insured’ Insurance Company by reason of liability the trial court was reversed. (“Liberty Mutual”) imposed by law … Business Automobile shall become legally Policy No. AS2-631-004260-027 These policies were vertically obligated to pay.” The Schedule (“the Liberty Mutual policy”), structured so that the Liberty of Underlying Insurance notes with limits of $5 million; Mutual policy provided first- that the Liberty Mutual policy B. Westchester Fire layer primary coverage, the does not contain UM coverage. Insurance Company Westchester policy provided (“Westchester”) Umbrella second-layer umbrella The Great American Excess Policy No. G22049860002 (“the coverage, the Great American Policy Westchester policy”), with limits policy provided third-layer The $10 million Great American of $10 million; excess coverage, the American policy provides coverage to C. Great American Insurance Guarantee policy provided Ansco “only in excess of the Company Excess Liability Policy fourth-layer excess coverage, Underlying Limits of Insurance” No. TUE356014902 (“the Great and the Endurance policy provided by the Westchester American policy”), with limits of provided fifth-layer excess policy. $10 million; coverage. D. American Guarantee & The American Liability Insurance Company The Liberty Mutual Guarantee Excess Policy Excess Liability Policy No. Primary Policy AEC913878501 (“the American The $5 million Liberty Mutual See ZALMA Pg 41 Guarantee policy”), with limits policy provides primary www.underwritersinsider.com
of $25 million; and E. Endurance American Specialty Insurance Company Surplus Lines Policy No. ELD10000214301 (“the Endurance policy”), with limits of $25 million.
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NEWS
NORTH KOREA DEEMED “PRIMARY MONEY LAUNDERING CONCERN”
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he U.S. Department of North Korea, the Treasury recently acting through announced a Notice of government agencies Finding that the Democratic People’s Republic of Korea (“North and associated Korea”) is a jurisdiction of “primary front companies, money laundering concern” is engaged in illicit under Section 311 of the USA PATRIOT Act. The Department activities and may of Financial Services (“DFS”) be seeking banking shares the Treasury Department’s services in other concerns that North Korea, acting through government agencies jurisdictions.” and associated front companies, is engaged in illicit activities and may be seeking banking services accounts to process transactions for North Korean financial institutions. in other jurisdictions. DFS directs that financial institutions take all necessary steps Also, the Treasury Department, through its Financial Crimes to guard against the abuse of their Enforcement Network (“FinCEN”) released a notice of proposed rulemaking (“NPRM”) recommending a special measure to further isolate North Korea from the international financial system by prohibiting covered U.S. financial institutions from opening or maintaining correspondent accounts with North Korean financial institutions, and prohibiting the use of U.S. correspondent
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financial services by North Korea, which may be seeking to establish new or exploit existing account relationships for the purpose of conducting illicit activities. Section 311 of the USA Patriot Act authorizes the Secretary of the Treasury to find a foreign financial institution, jurisdiction, class of transactions, or type of account to be of “primary money laundering concern”. Once identified, the Secretary can require U.S. financial institutions to take appropriate counter measures. In addition, DFS will take all necessary measures, including use of its enforcement powers, to ensure compliance with this Notice of Finding.
July 2016
NEWS
MISSISSIPPI INSURANCE DEPT. ISSUES ALERT ON UNLICENSED AGENT OPERATING IN NORTH MISSISSIPPI
Any policyholders who have been paying premiums to David Uthe/Marvin Uthe/Uthe Financial Services or who have questions about their coverage may contact John Hornback, Director of Investigations and Consumer Protection, Mississippi Insurance ackson, MS - Uthe, the subject of an ongoing Department at (601) 359-3569. Commissioner of investigation by the Mississippi Insurance Mike Chaney Insurance Department, does not and the Mississippi Insurance have an agent’s Department are alerting license issued by the consumers that there is department and has an individual operating NO authority to collect in north Mississippi insurance premiums who does not have an from anyone or on agent’s license and has FREE behalf of any company. no authority to collect insurance premiums. CLASSIFIEDS! The Mississippi I n s u r a n c e David Brian Uthe, HELP WANTED — POSITION Department warns of Memphis, TN consumers that WANTED 4 — SALE ITEMS has been acting anyone who as an agent purchased a and collecting Mississippi Ins. Comm. CLICK HERE! policy from David premiums for Mike Chaney Uthe/Marvin Uthe/ AmFed National Insurance Company without Uthe Financial Services, should their knowledge or consent. not pay premiums to Uthe. Uthe has produced fictitious Instagram! certificates of insurance Follow Me: to consumers giving the @rmanera impression that they have coverage with AmFed. Uthe has also been operating under the name of his deceased father Marvin Uthe and the entity Uthe Financial Services which is not licensed with the Mississippi Insurance Department.
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NEWS
VERTAFORE EXPANDS LEADING RATING PRODUCT, PL RATING, INTO THE FLORIDA PROPERTY MARKET Leading Comparative Rating Solution Now Available for Homeowner Carriers
Vertafore and PL Rating currently have over 10,000 agencies that leverage the rating solutions in 48 states and the District of Columbia. PL Rating also currently has over ertafore, the leader 150 carriers in production for in modern insurance auto and homeowner’s rates technology, today throughout the country, and all announced the addition of of the Vertafore rating products several new homeowner carriers produced well over 200 million to their flagship comparative real-time carrier transactions in rating system PL Rating, 2015. expanding the company’s reach into the Florida property “Florida is a very large market market. Since its acquisition of and with our recent merger with QQSolutions, a Florida based QQSolutions, we’re expanding agency management system and and making an absolute rating company, there has been commitment to our common an overwhelming demand to customers like we have in other provide this additional service to states,” said Dave Acker, vice current Vertafore and QQ™ clients president and general manager, information solutions at in the state. Vertafore. “PL Rating’s integrated “Improving access to the difficult third-party data partners allow Florida property market will allow our clients access to external our customers a better experience information required during the writing and servicing their clients,” quoting process, which makes said Mark Malis, president of for a more accurate and bindable QQSolutions. “While the first step quote.”
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is to offer this functionality in PL Rating, we’ll be embedding the property workflow and Florida markets directly into the QQCatalyst® system to make it even easier for our agencies to get access to this crucial information”. 12
The Underwriter’s Insider
homeowner’s platform. Vertafore has also added the capability to do an automatic, integrated flood quote at the same time as homeowners by partnering with AON National Flood Services (NFS), the leading provider of WYO flood processing for many of the nation’s carriers. “The Florida homeowners market has become very competitive,” Acker continued. “It’s extremely important that agents have access to the private market in an easy to use, integrated platform, and our solutions do that.”
A sampling of the recent Florida homeowner carriers that have signed up and will be available by Q3 on the PL Rating platform include: Tower Hill Insurance Group, Sawgrass Mutual, Cypress, Modern USA/American Traditions and Stillwater Insurance Group among others. Based on current market feedback, Vertafore expects to have the majority of carriers writing homeowners in the state available by the PL Rating integrates with prefill end of the year. For carriers not and automated Insurance to Value currently on the platform that (ITV) products from CoreLogic®, are interested in this capability, as well as state Public Protection please contact Wendy Haney at Classification (PPCTM) from ISO, whaney@vertafore.com. which are key components to the Table of Contents
July 2016
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NEWS
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TEXAS AGENT ARRESTED IN SCAM TARGETING ELDERLY CLIENTS
nvestigators with the Texas Department of Insurance and the Lubbock Police Department are trying to determine if there are other victims of an annuity scam involving a Lubbock Insurance agent. Joseph Allen Gaines was arrested last month on charges that he kept clients’ money that was intended to be used to purchase annuities.
says it’s important for trusted family members to be involved when it comes to important financial decisions. “We believe that Mr. Gaines had been a financial advisor for this woman’s family for decades,” Richardson said. “He took advantage of her trust and encouraged her to invest in a fraudulent annuity. We hate to see something like this happen, but when it does we need to act quickly to minimize the damage.”
TDI investigators say it appears most of Gaines victims were over the age of 65, seeking investments for retirement. Gaines would sell them what Investigators are urging anyone he claimed were annuities, but never passed their money on to the insurance company to purchase the policies. He simply kept their money for himself.
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HERE who purchased annuities to call their insurance company – and not the agents who sold the policies – to verify that they do have a policy and that the amounts match what they were promised. If there are any problems, the next call should be to TDI at 1-800-252-3439. TDI investigators are certified peace officers and work closely with local authorities when investigating fraud cases.
Gaines came to the attention of TDI and the Lubbock Police Department earlier this year, when a 94-year-old woman’s family called the insurance company to confirm her $700,000 investment. They were told there was no policy in their mother’s name. TDI Sergeant Steve Richardson 14
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July 2016
15
NEWS
SEVEN INDICTED IN MASSIVE $98 MILLION INSURANCE FRAUD The two indictments allege that 18 insurance companies were defrauded in this scheme in which $98 million was fraudulently billed.
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IVERSIDE, Calif. – Seven compensation and health which corrupted the workers’ defendants are scheduled insurance is designed to help compensation system to defraud to be in Riverside County people recover from injuries insurance companies out of Superior Court tomorrow after without suffering financial millions of dollars. In general, a being indicted by a grand jury in catastrophe,”said Riverside County workers’ compensation medical a case involving insurance fraud in District Attorney Mike Hestrin. mill starts with a law firm that engages cappers which $98 million The charges stem from the operation of to sign up clients was fraudulently billed. a workers’ compensation medical mill, for the express purpose of spearheaded by chiropractor Peyman referring those The two separate, Heidary, and involving other medical providers, clients to medical but related grand which corrupted the workers’ compensation clinics owned by those involved in jury indictments system to defraud insurance companies out of the scheme. are the result of a millions of dollars.” joint investigation Once at the clinic by the Riverside County District Attorney’s Office “Those who would defraud the the patients are all, regardless and the California Department system and steal those benefits of the nature of the injury, sent to multiple specialists and given of Insurance. The indictments are stealing from all of us.” were issued after evidence was State Insurance Commissioner multiple diagnostic tests. The presented to the Riverside County Dave Jones said,” People often purpose of the “treatment” for grand jury over a six-week period make the mistake of thinking these patients is to inflate the ending in mid-May. insurance fraud is a victimless medical bills sent to the insurance crime – it is not. When those companies and, if the insurance The two indictments allege that providing services to injured companies don’t pay the bills, 18 insurance companies were workers rip off workers’ they result in a lien against the defrauded in this scheme in which compensation insurers through workers’ compensation case, so the bill never goes away. Once $98 million was fraudulently billed, fraudulent practices, we all pay.” the bills and liens are established, resulting in $12.4 million being paid by the insurance companies. The charges stem from those involved in the scheme can All defendants are scheduled for the operation of a workers’ sell them to third party “factoring” arraignment in Dept. 64 at 8:30 compensation medical mill, companies at a reduced price, and a.m., Tuesday, June 7. spearheaded by chiropractor the factoring companies continue Peyman Heidary, and involving to attempt to collect on the bills “Our system of workers’ other medical providers, and liens. 16
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July 2016
The insurance companies can Solis, 34, of Rancho Cucamonga; be assessed fines at the Workers’ and Gladys Ross, 53, of Simi Valley, with 69 Compensation felony counts Appeals Board which include for not paying conspiracy on bills and liens, to commit so the insurance i n s u r ance companies will fraud, making a settle the bills and false insurance liens, although at a claim, making fraction of what the a false bill or lien is claiming statement for is owed. the purpose of obtaining The first indictment, wo r k e r s’ case RIF1670175, compensation charges chiropractor benefits, Peyman Heidary, 45, CA Ins Commissioner m o n e y of Riverside; attorney Dave Jones laundering, Cary Abramowitz, 59, of Los Angeles; and also Ana practicing medicine without a www.underwritersinsider.com
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license, and capping. There also is one misdemeanor count of unlicensed practice of law. The second indictment, case RIF1670176, charges chiropractor Touba Pakdel-Nabati, 37, of Costa Mesa;and doctors Quynam Nguyen, 57, of Orange; and Jason Yang, 50, of Pasadena, with 38 felony counts which include conspiracy to commit insurance fraud, making a false insurance claim, making a false statement for the purpose of obtaining workers’ compensation benefits, and capping. Both indictments also allege multiple excessive takings enhancements and an aggravated white collar crime enhancement. July 2016
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FAKE ADJUSTER NABBED IN NORTH CAROLINA
R
ALEIGH -- Insurance Commissioner Wayne Goodwin today announced the arrest of Michael Anthony McIntyre, 50, of 1444 Borough Road, Currie; he is charged with one count each of insurance fraud, attempting to obtain property by false pretense and acting as an adjuster without a license in New Hanover County. Department of Insurance criminal investigators accuse McIntyre of fraudulently attempting to obtain more
than $34,000 by submitting false information about damage to a Wilmington home to the North Carolina Insurance Underwriting Association (Coastal Property Insurance Pool) between October 2015 and January 2016. Investigators allege McIntyre acted as an adjuster without having a license to do so and that he intentionally inflated the repair estimate and instructed the homeowners to submit settlement checks directly to him. McIntyre was arrested on May 21 and placed under a $10,000 bond.
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NEWS-OPINION
VENEZUELA: JUST THE LATEST FAILURE OF SOCIALISM. PLEASE, SOMEBODY TELL BERNIE! “It All Started With A Theory: A Theory That Capitalism Is Bad. A Theory That Private Property & The Division of Labor Is Bad” by Ron Manera, Senior Editor
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aracas, Venezuela - It wasn’t the first and it won’t be the last country to utterly fail under socialism - but Venezuela is the country that’s most visibly collapsing today. We know Bernie is out and Hillary is in - it makes little difference. By any name, they both have an unholy affection for globalism, big government, massive bureaucracies and a loathing for free-market capitalism: the system that has brought more wealth and a higher standard of living to more people of every class than all the other systems combined. Socialism, in contrast, is an economic system that exalts big government and cares little for the individual, private property or private business under the theory that government knows best. One of the first acts self-described Marxist Hugo Chavez did after becoming president of Venezuela in 1999, was to nationalize key industries, including the energy and agricultural sectors. www.underwritersinsider.com
Unfortunately for the people of Venezuela, government rarely knows best, especially when it comes to any attempt at central planning of the economy. While Chavez was able to pass out goodies to the masses at first and his plan seemed to work for a short time while oil prices were at record highs, (Venezuela has one of the world’s largest oil reserves) everything has gone badly since then with 76% of Venezuelans now under the poverty line and inflation approaching 720%.
Formerly middle-class citizens can now be found daily picking through piles of moldy, rotting fruit and vegetables in order to keep from starving death. Everywhere you go in the cities there are long lines of folks waiting to purchase food. As part of the “socialized worker’s paradise,” staples such as cooking oil, flour and toilet paper are Table of Contents
subsidized - if you don’t mind waiting in line for three hours for your flour.
Hugo Chavez Was Embraced By The American Left One of the most visible and vocal supporters of Hugo Chavez was actor Sean Penn who told a group of mourners at Chavez’s funeral: “He’s one of the most important forces we’ve had on this planet, and I’ll wish him nothing but that great strength he has shown over and over again. I do it in love, and I do it in gratitude. I just want to say, from my very American point of view, of my friend President Chavez: It is only possible to be so inspiring as he is, as a two-way street. And he would say that his inspiration is the people.” But the result of his precious Socialism is the destruction of Venezuela and the impoverishment of it’s people. See FAILURE VENEZUELA Pg 45 July 2016
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THE INSIDE TRACK - BREAKING NEWS Fastest Growing Language In U.S. Homes?
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ccording to a recent study by PEW Research, Arabic is the fastest-growing language in American households. What are we doing about it? The U.S. Census Bureau is exploring possible changes to the 2020 census questionnaires for Arabic language individuals. Arabic is now 7th most commonly spoken language in the U.S.
Retired Dentist Faces 10 Years In Jail On Insurance Fraud Charges
patients’ insurance carriers in front of his family and for services never provided Governor Chris Christie. resulting in a loss to the insurer of $21,794. Virginia Advises Massive
New Jersey Swears In New Commissioner of Insurance Richard Badolato
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nion County Superior Court Assigning Judge Karen M. Cassidy and Appellate Division Superior Court Judge Heidi Willis Currier administered the oath of office to Commissioner of the Department of Banking and Insurance Richard J. Badolato June 21st at a ceremony at the State House
Data Breach Of Inactive Agent Personal Data
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he Virginia State Corporation Commission (SCC) is advising former licensed insurance agents of the potential improper access to their personal data by a former contractor. The suspected compromise of personal data pertains to archived Bureau of Insurance records of insurance agents whose licenses expired or became inactive anytime from 1979 – 2004. Preliminary
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etired dentist Dr. Kenneth Webber, 71, of Claremont, was arrested yesterday at his residence by California Department of Insurance detectives on five felony counts of insurance fraud for allegedly submitting fraudulent claims to
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July 2016
THE INSIDE TRACK - BREAKING NEWS findings indicate the former contractor may have copied these agent files. The files accessed contained names and social security or driver’s license information of these former licensees. The SCC is issuing this notification in accordance with state law so that affected persons can take precautionary steps to protect their identity. The SCC is taking additional steps to attempt to contact affected former agents directly via mail. And, as required by law, SCC staff is working closely with state authorities on this matter.
Veracity Ins Now Offering Drone Photography Coverage
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ecently, Veracity Insurance Solutions, LLC added drone insurance as an additional product line to their insurance portfolio. With the growing popularity of unmanned aerial vehicles— also known as drones— www.underwritersinsider.com
worst since 2010, was caused by 8-10 inches of rain that fell over only 6-8 hours. For HELP WANTED — POSITION a while, 500,000 customers WANTED 4 — SALE ITEMS were without power and hundreds more were CLICK HERE! stranded due to washed Veracity has entered this out roads and hazardous emerging sector. Named conditions. No report yet on by Insurance Journal as estimated damage. one of the hottest trends for insurance in 2016, Florida Home To 2 drone insurance coverage Deadliest Highways provides necessary liability protections for businesses who use them for a variety of commercial purposes. The drone insurance program through Veracity offers bodily injury and property damage coverages for ccording to the NHTSA, business involved with aerial Florida hosts 2 of the filming, videography, and nation’s most deadliest commercial photography; highways: I-95 and I-10, construction; real estate although both highways and property inspections; extend either the length agriculture; and line or breadth of the U.S. I-95 inspections. which extends 1,920 miles up and down the East coast WV Flooding saw 204 fatalities, while I-10 Worst Since 2010 which runs between Santa Monica, CA to Jax, FL saw 278 he recent WV traffic fatalities in it’s 2,430 flooding has miles of interstate highway. claimed at least 25 lives and 500 homes. The flooding, the FREE CLASSIFIEDS!
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July 2016
NEWS UNLICENSED INSURANCE AGENT ARRESTED FOR STEALING PREMIUMS TOTALING MORE THAN $140,000
G Image Credit: Creative Commons
ARDEN GROVE, Calif. — Robert Meseer, 63, of Westminster, was arrested by California Department of Insurance investigators on 32 felony counts of grand theft, insurance fraud, and forgery after acting as an insurance agent to allegedly steal more than $140,000 from several business owners. Evidence revealed Meseer, doing business as MRM Insurance, began illegally managing MRM Insurance after a relative's license expired in 2009. The relative had been operating the agency, which gave Meseer access to client files and allowed him to implement various schemes to bilk premiums from unsuspecting policyholders. "Meseer's alleged criminal acts Continued From Pg 5
BERKSHIRE HATHAWAY
Last week Commissioner Jones announced that under an elaborate scheme, CIC has been selling an insurance product called "EquityComp" that essentially left a California small familyowned business self-insured. Commissioner Jones ruled that this complex insurance scheme www.underwritersinsider.com
exposed victims to thousands of alleged violations by Meseer, dollars of financial risk and loss," including issuing bogus insurance said Commissioner Dave Jones. documents, overcharging several "It is important times the amount for consumers of the premium, and businesses giving inflated to check on the billings, not license status disclosing the true of any agent in cost of coverage order to protect to customers, themselves and r e n e w i n g their finances." policies without After receiving a referral from a business owner who discovered Meseer had issued them a bogus insurance certificate listing a nonexistent insurance company, the Department of Insurance Investigation Division launched an investigation. Additional evidence revealed numerous circumvented regulatory review and found it to be void as a matter of law.
forwarding' premium payments, and even soliciting new insurance business, all without a proper license. Meseer was booked into Orange County Jail and bail is set at $100,000. The Orange County District Attorney's office is prosecuting this case. all their rate and terms."
Insurance brokers licensed by the California Department of Insurance "Insurance companies are required could face license suspension or to file rates and terms so we can non-renewal if they are found to make sure they are complying with knowingly misrepresent the terms the law," said Jones. "These filing or effect of an insurance policy to requirements were put in place to their clients. Brokers that continue protect businesses from insurers to sell or renew these policies seeking to take advantage of their and represent them as lawful market power – Shasta Linen is workers' compensation policies an example of why it's critically are violating their responsibility to important to require insurers to file their clients. Table of Contents
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TECHNOLOGY NASA’S GOING TO MARS SEE HOW SHE’S PLANNING ON GETTING THERE!
THE BRITS THOUGHT THEY WERE THE FIRST TO HIT MACH 1 - BUT AN AMERICAN HAD DONE IT DECADES EARLIER Fastest Car In The World?
UNBELIEVABLE VINTAGE ADS
N
othing illustrates the changes in our national culture better than vintage ads from the Mad Men era - many of which would be considered overthe-top sexist, politically incorrect or just plain dumb today.
Back in the day, sugar was apparently considered a health food! Want your kids to excel at sports? Load ‘em up with sugar: “18 calories per teaspoon - and it’s all energy!” according to the ad copy. Today’s parents know that tooth decay, obesity, Type2 diabetes, and coronary disease are all related to excessive sugar consumption.
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“The Final Authority on Everything!” WARNING!
The Advisor has been known to be politically incorrect and may send certain Millennials scurrying to their safe space. Also not recommended for Progressives who are easily offended. Please read at your own risk.
TAKE YOUR BEST SHOT
M
y wife says I’m a lousy photographer. You’ve written before on how to take good digital pictures, but I can’t find the article. Can you reprint those tips? — A.G. Miami, FL
We couldn’t find the article either — but here is the Advisor’s list of eight most common amateur photography mistakes:
ADVISOR
shoot vertical subjects such as portraits, or standing people. 3. Boring or predictable vantage point. Move around a little bit. Don’t shoot every child from the position of a standing adult. Same for pets or sitting people. Get down! Crawl around! Stand on a chair! Climb a tree! Turn your camera on the diagonal! 4. Boring composition. Most amateur shots — snapshots — are stupifyingly predictable. Aunt Edna, sitting at the sofa, saying “cheese” at the camera. Typically, the shot will be taken horizontally, even though she is a vertical subject. Her feet will be cut-off at the ankle
and there will be four feet of wall over her head. There will be two feet of sofa visible on each side of her. There will be a picture frame from the wall behind emerging from her ear. If you aren’t shooting a head/ chest shot, try to include the entire body — with a little room on top and the bottom. Try moving your subject a little off center or have her look over her shoulder at the camera. Look through your viewfinder with the same critical eye you will later view the photo. Take time to compose an interesting image! 5. Failure to use fill-flash. When taking pictures of
1. Photographer too far from subject. Move on in. Fill the frame with your subject. We don’t want to see walls and trees. 2. Failure to turn camera on end for vertical shots. Too many casual photogs have never turned their camera from the landscape position - ruining 60% of their pictures. Cameras come with a rectangular format for a reason — so you can use it to better 28
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July 2016
subjects, usually people, with a bright sky behind them, use your camera’s flash - unless you’re looking for a silhouette. 6. Leaving images on camera. Get in the habit of off-loading your images to your computer as soon as possible. Too many times amateur photographers miss an important shot in July because their camera card is still full of Christmas pictures. 7. Failure to compose background. Few casual photographers ever think about what is behind their subject - other than a vague dissatisfaction with the final result. First rule: Keep it simple! Complex backgrounds, such as furniture, lamps, wall hangings, unless way out of focus, simply steal attention www.underwritersinsider.com
from the subject and confuse the image. Another common mistake is allowing telephone poles or lamps to appear to grow out of a subject’s head! #6. Leaving images on camera. Get in the habit of off-loading your images to your computer as soon as possible. Too many times amateur photographers miss an important shot in July because their camera card is still full of Christmas pictures. Change your position a couple of degrees and the problem disappears. Spend as much time composing your background a you do your subject. 8. Failure to manage images on computer. This may be the Table of Contents
most critical mistake of all since it may portend a complete loss for future generations. As poorly organized as your grandmother’s pictures may have been, she still managed to throw all of those family images in a shoe box for posterity. Fortunately this problem is easy to solve: First, organize your images by year. Open a folder on your hard drive under My Documents/ My Pictures/2007, for example. Then open another folder within your 2007 folder for each photo event beginning with the date, i.e., 05_07 Prom. This makes it easy to organize and retrieve images - even years later. Most important: Hard drives fail all the time. Back up your images regularly!
July 2016
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Insurance Tech Consultants
Agent With Multi-Million Book
Agent w/ multi-million book looking for an aggressive agency w/ a positive outlook to the future stephen.clay@stone-insurance.com 16-1
Commercial Lines Underwriter St. Louis One of our clients in the St. Louis area, is seeking a Commercial Lines Underwriter with strong casualty experience in the construction industry. The ideal individual will have at least five or more years of related casualty underwriting experience dealing with construction industry accounts. Excellent company, compensation, job security and benefits. jim@premiercareers.com 16-3
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Have an awesome idea for an insurance or financerelated app, software tool, or social media marketing campaign? Need an experienced pro for tech-centric business development? Take your business to the next level - contact GMA LLC today. 407-706-0245. Matt@ProAdvisors.Info 16-4
Buying Insurance Agency in South FLA
If you would like to retire and sell us your book or business or take over your lease at a retail office please let us know. Our fax number is 954-908-7001. floridafirstinsurance@outlook.com
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Experienced CSR Wanted - Broward County
Join our team... A & H Insurance is looking to hire a motivated team member to quote, write & service new & existing customers. Must have active 440 License (we will pay the pre-licensing course for the right candidate) Bilingual a must! Fax resume to:954-251-1423 or email: darlene@autohomeins.net 16-7
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Central Florida
Retiring? Selling benefits book? Please contact me: 407-797-0790 Thank you. jmburzee@aol.com 16-1
Experienced CSR Wanted - Oviedo Area
Small agency needs experienced, licensed CSR. Salary commensurate with experience. Please forward resume. kr22apr@gmail.com 16-1
Seeking 220 & 440 Insurance Agents in Florida & Georgia! Well established We Insure agencies are experiencing growth and are looking for experienced 220 and 440 insurance agents statewide in both Florida AND Georgia. Active 220 or 440 license required and preferably 2 to 5 years experience in Personal Lines and/or Commercial Sales. Please send your résumé to: Megan.null@weinsuregroup.com
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Personal Lines Property Underwriter - Miami One of our Florida based clients is growing and expanding into other states. They are in need of a Personal Lines Property Underwriter to join their Home Office team them as this expansion continues. The Personal Lines Property Underwriter will be responsible for underwriting personal lines new business, renewals and endorsements utilizing the established methodology, standards and guidelines. jim@premiercareers.com 16-3 July 2016
Car Insurance Agent seeking employment Insurance 220 Agent seeking full time employment as soon as possible in the Fort Lauderdale area. Specialize in auto Insurance sales. Extremely thorough and precise when selling Insurance. Love to service customers and is very pleasant and easy to adapt and learn new challenges. simonethe1@yahoo.com
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CSR WANTED FORT LAUDERDALE, FL Looking for an experienced, self-motivated, ambitious customer service representative for full time. Great written and verbal skills are required. Duties include answering phones, servicing accounts, processing mail and commission statements. INFO@JANDLINSURANCE.COM 16-1
EDISON INSURANCE GROUP FORT MYERS If you are a licensed property and casualty agent or licensed CSR, Edison Insurance Group, Fort Myers, FL, established 1984 is looking to round out it’s team of professionals. We currently have openings in our personal lines department as an CSR/Agent, as well as a positions in both outside personal and commercial sales positions. GWolfe@EdisonIns.com
Bilingual Insurance CSR 4-40 or 0220 Wanted -Lake Worth – Palm Beach County Bilingual Insurance CSR 4-40 or 0220 Experienced Wanted Bilingual English/Spanish A plus Excellent Benefits Provided Send resume to: al.poncedeleon@estrellainsurance.com or integralcl@aol.com 16-3
Experienced 2-20 20-44 or 4-40
Small agency seeking experienced 2-20, 20-44 or 4-40 licensed team member to help us grow. Must have thorough understanding of coverage, underwriting, all compliance requirements & possess the utmost integrity. Must be self-motivated and able to prioritize. Compensation is hourly plus bonus. Hernando County resident preferred. Send resume to: sawchukl@bellsouth.net 16-1
Agent/CSR Broward County, Florida Independent property and casualty insurance agency, located in the Ft. Lauderdale area is seeking an experienced 220 or 440 licensed individual that can handle a fast paced environment. Bilingual a plus. Salary plus bonus. Call Barbara at 954587-7850.
16-5 www.underwritersinsider.com
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Property & Casualty Sales Agents Tampa Bay Area The Auto Club Group is seeking P&C sales agents who have… •An active Property and Casualty Insurance License (220) or an active (20-44) A minimum of 1 year successful P&C sales experience and a stable employment history a Strong phone sales and prospecting skills •Ambition and drive We offer a competitive compensation to include: Medical, dental, vision, 401(k) and more... deemorgan@aaasouth.com 16-5
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Agent Owner/Agent Own Your Own Agency
If you’re looking to start your own agency, then this is the place you want to start. We are a statewide independent agency that has over 120 carriers! Home,Auto,Business! We offer the ability to build your own business by having all the tools needed to do so! At We Insure, we offer training, leads, a great office and more. This position requires a 2-20 insurance license or a 2-40 glen.mcgaha@weinsuregorup.com 16-1
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Insurance Agent/CSR, Ft. Lauderdale area
Insurance Licensed 220 and 440 Agents needed (no region given)
Successful Property & Casualty Licensed 220 and 440 Agents requires. tamiller91@yahoo.com 16-3
Registered Customer Service Rep 4-40 Palm Beach County Experienced Registered Customer Service Representative 4-40 Wanted Bilingual English / Spanish with experience , to work in Lake Worth, Palm Beach, excellent workings conditions requested. Angel 561-755-2586
Cont’d... Experienced Agency Marketing Representative Mature, 2-20 licensed agent, experienced in both commercial and personal lines underwriting and sales. Has a following of brokers/agents throughout the State of Florida. Looking to market insurance products through independent agencies and brokers. toogreatt@yahoo.com 16-6
Looking for bilingual CSR in Tampa Tampa Insurance Agency is looking for a bilingual Licensed CSR. Knowledge of Quick Quote and Webrater is a plus. Salary, bonus, sick time, vacation days, and health insurance. 813-9721947 or email dan@colucciinsurance.com
al.poncedeleon@estrellainsurance.com
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220 Insurance Agent Boca Raton
Full time opportunity to join my Personal Lines Agency with an excellent potential for good income.Must have 220 Insurance license - Experience with personal lines preferred, however, willing to train bright beginner -Strong computer skills -Self-starter with Initiative-independent workerContact Noreen at 561-4304021 or email resume to Noreen.langleben@weinsuregroup.com 16-1 32
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MGA Needs Experienced E&S Assistants, Underwriters and Brokers South Florida and Lake Mary E&S MGA looking to continue growth by adding experienced Assistants, Underwriters and Brokers. MGA has a generalist appetite and represents many markets for Brokerage and Binding Authority. Contact: dmarsh@slbig.com
- 220/440 license or a minimum of 1 year exp. in Auto/ Home/Commercial insurance - Must be able to work Full Time - Must have a GREAT "Can Do" attitude, everyday - Must be able to multi-task and be a willing Team Player - Must have the ability to treat our clients with the respect they deserve and give them the best service they have ever received - Must be DRUG FREE- Bilingual a plus marlinsii@aol. com 16-1
We Want You - Licensed Insurance Agents
If you are an experienced, self-motivated and ambitious insurance sales professional with an interest in working with a vibrant, forward thinking company then look no further. We are an independent insurance agency in Ft. Lauderdale seeking a Licensed Insurance Agent who interested in a long term career with our agency. •Property and Casualty License (220) •Team player •Build referral relationship alejandro.kalaf@ weinsuregroup.com 16-1
Experienced License Agent (220) wanted Experienced License Agent (220) wanted to work in agency located in Medley, FL. Commissions only paid. Please fax resume to 270-1417. meibg9@bellsouth.net
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July 2016
NEWS
LT. GOVERNOR TAYLOR REVOKES AGENT’S LICENSE AFTER $800K MISREPRESENTATION
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OLUMBUS — Ohio Lieutenant Governor Mary Taylor has revoked the license of insurance agent Brian Willms, of Dublin, for misrepresenting life insurance policies as an investment. The misrepresentations contributed to two clients losing a combined $800,000. “We have taken the appropriate consumer protection measure,” said Taylor, also director of the Ohio Department of Insurance. “An agent is obligated to accurately represent the purpose of an insurance contract to the buyer.”
Taylor said it’s important for consumers to realize that life insurance should not be considered an investment. Typically, it’s intended to provide money to beneficiaries after a loved-one passes away. Life insurance should be carefully shopped and evaluated to ensure the appropriate need and amount of coverage is purchased. Willms is listed as CEO of Legacy Strategies, according to the company’s website, which is down, providing finance, insurance and investment services.
Editor’s Note: In October of 2013, a Brian Willms and his son, both of Dublin, Ohio, were charged with “negligently allowing an underage person to drink in their home.” The charge resulted from an incident where a young man departed a party at the Wilms’s home with a blood alchohol level of .2. Stephen Romanelli, 18, struck a tree and died from his injuries. Brian Willms Further, Willms misrepresented the was given a sentence of 180 days value of the whole life insurance in jail, suspended, and one year of policies sold stating they would probation, a $100 fine and court pay for themselves through earned costs and was also required to speak dividends, would not increase out- about the social host law at 3 Dublin of-pocket expenses and would high schools. increase his clients’ wealth. The Ohio Department of Insurance found Willms, from 2011 to 2013, led clients to believe that the complex Life Economic Acceleration Process (LEAP) strategy and the resulting purchase of whole life insurance policies was an investment that replaced, or would replace, their previous investments.
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VIEW THE FAMOUS OBAMA WORKOUT! (Now Banned On YouTube...)
July 2016
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Notable Quotes In The News
SAY WHAT?
contingency plan in place and Lloyd’s will be fully equipped to operate in the new environment.”
And These Were The “Peaceful, Moderate” Muslims...
Lloyd’s of London Chairman John Nelson responding to the referendum vote of June 23 which will result in Great Britain exiting great deal of fanatic Muslims the European Union. gathered in front of the new house of my cousin. They were PC Military - But Can It Fight? chanting slogans against us. Among these slogans were, ‘By no means shall there be a ur mission is to defend this church here.” country, and we don’t want barriers unrelated to a person’s After a group of enraged Egyptian Muslims torched 80 homes belonging to Christians in qualification to serve preventing us June, Mousa Zarif, a Christian who witnessed the from recruiting or retaining the soldier, events, described the destruction to the Christian sailor, airman, or advocacy group International Christian Marine who can Concern. This was not ISIS, this was not Al best accomplish Queda - merely a Muslim majority who wrongly the mission.” assumed a home under construction was going Carter, to be a Christian church. It seems the American Ash fetish for “diversity” is not universal - and O b a m a ’ s Muslims may S e c r e t a r y Defense be peaceful and of moderate only announcing the when they are in lifting of the ban on transgenders in the Army, Airforce, Navy the minority... & Marines. Remember when the prime purpose of the U.S. military was to win BREXIT wars and protect the homeland? Now our Fallout fighting forces are more likely to be used as the frontline for foisting some sort of social am confident that Lloyd’s will engineering on the rest of the country in a stay at the center of the global political climate where “anything goes” and specialist insurance and reinsurance “how dare you judge.” However society in sector, and I look forward to continuing our general may accept transgenders, or not, valuable relationship with our European few feel it will add to the effectiveness of a partners. For the next two years, our business cohesive fighting force. is unchanged. Lloyd’s has a well-prepared
Image Credit: Creative Commons
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You Just Have To Wonder Why...
Trump Flabbergasted
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believe we will make the 10,000.”
hen I first heard that yesterday afternoon, I actually thought they were joking. I thought the people that told me were..., I said, ‘No way, it’s just no way that’s going to happen.’ And, it happened.”
The Obama Administration’s Homeland Security Secretary Jeh Johnson, testifying to congress about bringing in 10,000 Syrian refugees, mostly Sunni Muslims, by the end of September. Speculation as to Obama’s fetish for Presidential candidate Donald bringing to this country mostly unTrump on learning of the secret, vetted, uneducated, non-assimilating private meeting between Muslims - some of which are almost Attorney General Loretta Lynch certainly ISIS plants wishing to do harm and former president Bill Clinton to Americans, is wide ranging, but one thing is - while both Bill Clinton’s wife Hillary and Bill for sure: it will not be good for this country. himself as director of the Clinton Foundation are under Federal Investigation for, respectively, her illegal handling of State Dept. emails Kumbaya, My Lord, Kumbaya... while Secretary of State and corruption and e stand with you to say that influence peddling charges involving the Clinton the good in this world far Foundation that could involve both Clintons. outweighs the evil, that our Since Lynch will be making calls on these cases if common humanity transcends referred for indictment by the F.B.I., it is considered our differences, and that our most effective to be the worst kind of ethical conflict to have any response to terror and to hatred is compassion, kind of ex parte contact with Bill Clinton. it’s unity, and it’s love.”
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Attorney General Loretta Lynch speaking at a memorial service for the 49 people killed by a radical Islamist terrorist. She isn’t just tone-deaf folks, she is a key representative of administration so out of touch on the threat of terrorism that THEY represent an existential threat to our country. If ISIS has some version of Saturday Night Live, this clip of Lynch must be the headliner. www.underwritersinsider.com
Brave Saudi TV Anchor
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fter the abominable Brussels bombings, it’s time for us to feel shame and to stop acting as if the terrorists are a rarity. We must admit that they are present everywhere, that their nationality is Arab, and that they adhere to the religion of Islam.” Courageous Saudi television anchor and Muslim Nadine Al-Budair pointing a finger at a religion & a culture that is responsible for 99% of the terror and bloodshed in the world today. If only President Obama were this brave...
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July 2016
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BACK ISSUES
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NEWS RAMPANT WORKERS COMP FRAUD CONTINUES IN FLORIDA - 8 MORE ARRESTED
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AKELAND, Fla. – The Florida Department of Financial Services’ (DFS) Division of Insurance Fraud (DIF) today announced agency undercover workers’ compensation sting in Polk County. These eight individuals advertised their ability to perform wide-ranging plumbing and electrical work without proper licenses or training, and without having workers’ compensation coverage to protect their employees in the event of an accident or injury.
• Herbert Vanegas • Henricus Van Der Linden • Stuart Rhodes • Juan Carlos Diaz • Raymond Figueroa-Garcia • Raymond Perdue
consumer harm”.
Lakeland Police Chief Larry Giddens said, "We must be vigilant and continue to crack down on those who are contracting work illegally and working without a Multiple agencies played a license. Unlicensed contractors vital role in securing the sting’s place our citizens at risk and successful outcome, including threaten the livelihood of our the Lakeland Police Department, law-abiding contractors and their State Attorney’s Office, DFS’ employees”. Bureau of Workers’ Compensation Compliance, and the Of the eight individuals arrested Department of Business seven were booked into Polk and Professional County Jail on charges of workers’ compensation fraud and Regulation. During the threeunlicensed contracting. Raymond day operation, DIF “We’re proud to have Purdue carried adequate workers’ detectives, accompanied worked alongside compensation coverage but by logistical and tactical strong state and local failed to hold a business license. support from multiple agencies to conduct He was charged with unlicensed agencies, established an the sting in Lakeland, contracting and was also booked undercover sting in an CEO Jeff Atwater and we will continue to be into Polk County Jail. effort to stop this illegal practice. proactive in our efforts to protect Detectives responded to public Florida’s consumers and licensed advertisements created by the professionals,” DBPR Secretary Ken defendants, requesting that they Lawson said. perform services at a specified location in Lakeland. “Unlicensed contractors lack the necessary training, qualifications “Operations like this pull back and insurance to complete a the curtain on fraud in Florida, job in compliance with building showing that if an offer sounds too codes and often leave consumers good to be true, it probably is,” said responsible for additional costs to CFO Jeff Atwater. “ repair substandard work. At DBPR, Those who were arrested include: we’re committed to bringing these unlicensed individuals • Justin Cortes into compliance with the law • Greatlen Bozeman and mitigating the potential for
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www.zalma.com • web log, “Zalma on Insurance” • videoblog, “Zalma’s Insurance 101”
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INSURANCE & THE LAW Continued From Page 9
ZALMA The $25 million American Guarantee policy provides coverage for “the sums in excess of the total Underlying Limits of Insurance. The Endurance Excess Policy The $25 million Endurance policy provides coverage for losses in excess of the underlying limits of insurance. Demands for Payment In March 2011, the Cokers made separate written demands against Liberty Mutual, Westchester, and each of the Defendants for payment of the $5.5 million consent judgment. In March 2012, the Cokers entered into a confidential settlement agreement with Liberty Mutual for substantially less than the $5 million policy limit. In June 2012, the Cokers entered into a confidential settlement agreement with Westchester for substantially less than the $10 million policy limit. Despite the money recovered in the Cokers’ settlements with Liberty Mutual and Westchester, a substantial portion of the $5.5 million consent judgment remained unsatisfied. The three excess insurer Defendants here did not tender www.underwritersinsider.com
payment in response to the Defendants’ Excess Liability Cokers’ demands. Policies Contain Vertical Exhaustion Requirements DISCUSSION Excess or secondary coverage On appeal, the Defendants argue is coverage whereby, under that the district court erred by the terms of the policy, granting summary judgement liability attaches only after in favor of the Cokers on the a predetermined amount of ground that Georgia’s UM statute primary coverage has been imposed upon the Defendants exhausted. Georgia courts have an unconditional obligation repeatedly recognized the to provide UM coverage to the validity of excess policies and Cokers as if the Defendants were the exhaustion requirements primary insurers. The Defendants necessarily embedded within principally argue that, regardless those policies. of any obligations imposed by Georgia’s UM statute, the terms of Under Georgia law, when the Defendants’ policies required the Cokers to exhaust the limits See ZALMA Pg 47 of the Westchester policy and, if applicable, any other underlying excess insurance policies before seeking payment from the Advertise In Defendants. Typically, when interpreting a contract under Georgia law, courts must construe a contract as written and not make a new contract for the parties. Although they acknowledge their statutory obligation to provide UM coverage, the Defendants argue that, pursuant to the terms of their excess liability policies, they were not required to tender payment until the Cokers exhausted the policy limits of the underlying $10 million Westchester policy and, if applicable, any other underlying excess liability policies.
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NEWS-OPINION
ISLAM: WHY THE PEACEFUL MAJORITY IS IRRELEVANT
by Paul Marek, Guest Contributor
I
used to know a man whose family were German aristocracy prior to World War Two. They owned a number of large industries and estates. I asked him how many German people were true Nazis, and the answer he gave has stuck with me and guided my attitude toward fanaticism ever since.
About The Author: Paul Marek was born in Winnipeg, Manitoba, Canada in 1957. Throughout his life he worked as a teacher, an educational consultant, freelance writer, and owner of a wilderness lodge. Paul’s lifelong passion has been reading history, especially that of the Second World War. The community that he grew up in was a melting pot of European immigrants, where Germans, Ukrainians, Czechs, Poles, and others had to learn to live side by side and bury the animosities of Old Europe. Paul gained much insight into the Second World War by speaking with its survivors from both sides of the conflict. There were farmers who had seen their neighbours become victims of the holocaust, German industrialists who lost everything, and even family members who had participated in the Czech reprisals. These conversations, coupled with the reading of history texts, have worked to formulate Paul’s views on contemporary geopolitics.
“Very few people were true Nazis” he said, “but, many enjoyed the return of German pride, and many more were too busy to care. I was one of those who just thought the Nazis were a bunch of fools. So, the majority just sat back and let it all happen. Then, before we knew it, they owned us, and we had lost control, and the end of the world had come. My family lost everything. I ended up
in a concentration camp and the Allies destroyed my factories.” We are told again and again by “experts” and “talking heads” that Islam is the religion of peace, and that the vast majority of Muslims just want to live in peace. Although this unquantified assertion may be true, it is entirely irrelevant. It is meaningless fluff, meant to make us feel better, and meant to somehow diminish the specter of fanatics rampaging across the globe in the name of Islam. The fact is, that the fanatics rule Islam at this moment in history. It is the
fanatics who march. It is the fanatics who wage any one of 50 shooting wars world wide. It is the fanatics who systematically slaughter Christian or tribal groups throughout Africa and are gradually taking over the entire continent in an Islamic wave. It is the fanatics who bomb, behead, murder, or honor kill. It is the fanatics who take over mosque after mosque. It is the fanatics who zealously spread the stoning and hanging of rape victims and homosexuals. The hard quantifiable fact is, that the “peaceful majority” is the “silent majority” and it is cowed and extraneous. Communist Russia was comprised of Russians who just wanted to
NEWS-OPINION live in peace, yet the Russian Communists were responsible for the murder of about 20 million people. The peaceful majority were irrelevant.
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China’s huge population was peaceful as well, but Chinese Communists managed to kill a staggering 70 million people. The average Japanese individual prior to World War 2 was not a war mongering sadist. Yet, Japan murdered and slaughtered its way across South East Asia in an orgy of Killing that included the systematic killing of 12 million Chinese civilians; most killed by sword, shovel, and bayonet. And, who can forget Rwanda, which We are told again collapsed into butchery. Could it and again by not be said that the majority of “experts” and “talking Rwandans were “peace loving”.
heads” that Islam is the religion of peace, and that the vast majority of Muslims just want to live in peace. Although this unquantified assertion may be true, it is entirely irrelevant. It is meaningless fluff, meant to make us feel better, and meant to somehow diminish the specter of fanatics rampaging across the globe in the name of Islam.”
History lessons are often incredibly simple and blunt, yet for all our powers of reason we often miss the most basic and uncomplicated of points. Peaceloving Muslims have been made irrelevant by the fanatics. Peaceloving Muslims have been made irrelevant by their silence. Peaceloving Muslims will become our enemy if they don’t speak up, because like my friend from Germany, they will awake one day and find that the fanatics own them, and
the end of their world will have begun. Peace-loving Germans, Japanese, Chinese, Russians, Rwandans, Bosnians, Afghans, Iraqis, Palestinians, Somalis, Nigerians, Algerians, and many others, have died because the peaceful majority did not speak up until it was too late. As for us who watch it all unfold, we must pay attention to the only group that counts; the fanatics who threaten our way of life.
TECHNOLOGY includes: “Public,” “Friends of view your Facebook page, there’s Friends,” “Friends,” “Only Me” and an easy way to check it. Go to “Custom.” your Facebook page and to the upper right, click the three dots next to the “View Activity Log” Don’t let the button and select “View as...” past haunt you Ready for something scary? This lets you see your Facebook Everything and everybody you’ve page the way a stranger would, ever searched for on Facebook is Even if you’re OK with your or any Facebook user you select. visible to anyone who has access Facebook friends seeing some That way, you can quickly spot embarrassing posts, you might problem posts and change to your account. have posted something in the privacy settings or remove them. To see your search history, look distant past that you wouldn’t in the left column of the Activity want strangers to see. Other Critical Log and click “More,” then click Settings To Tweek “Search” near the bottom of the Changing every past post list. You can delete individual manually from “Everyone” to entries by clicking the “circle “Friends” could take days. While you’re tweaking old with a slash” icon and selecting Fortunately, Facebook has a Facebook settings, take some “Delete.” You can also click “Clear quicker option. At the top of time to review information Searches” at the top to wipe the page, click the upside-down you’ve added to your account everything at once. Click here for triangle and select Settings. in the past. Facebook asks for a step-by-step instructions with lot of details about your life, like Then click the “Privacy” link in home address, that you probably screenshots. the left-hand column. Under shouldn’t give out. Find out five “Who can see my stuff?” click details you should never give out Don’t forget those the “Limit Past Posts” link. Next, on Facebook, and how to remove Facebook apps click the “Limit Old Posts” button them if you have them in your to change the privacy setting At the very bottom of the list of of every post in your profile to account. See Komando Page 46 filters, you can also click on “All “Friends.” Apps” to see what apps you’ve FREE installed and what posts they’ve Note that if you have posts that made on your Timeline. CLASSIFIEDS! you want everyone to see, this Continued From Page 7
KIM KOMANDO
Luckily, you can change the settings on who can see the posts that the apps make. When you click on each one, a box will appear at the top of your screen. Click the arrow that says, “This app can post on your behalf to,” then select one of the options on the drop down list, which 44
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will change those as well. You’ll need to go change those posts back to “Everyone” manually.
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NEWS-OPINION Continued From Page 21
VENEZUELA: FAILURE Sean Penn, evidently, is an idiot.
signed by 1.8 million Venezuelans sought to remove Maduro. There are other celebrity “useful idiots” that promoted socialism in Venezuela during it’s rise and continue to support it after it has proven to be a complete failure. These luminaries include activist Jesse Jackson, film makers Oliver Stone and Michael Moore.
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Another celebrity fan of Chavez was far-left activist-actor Danny Glover, head of his own so-called “social justice” movement. When asked about the At a 2014 memorial total failure of socialism for Chavez, Glover in Venezuela, our own blubbered this tribute home-grown socialist to the man whose Bernie Sanders grew policies brought one almost silent when of Latin America’s asked outright abut wealthiest countries to the brink the collapse of Venezuela under of collapse and her people to socialism by Leon Krauze of poverty: Univision: “It is a task that is very difficult, with many challenges, but [Chavez] knows that you will continue the fight he gave his last breath for -- a free, democratic, and self-determined Venezuela; a Venezuela that won’t allow its sovereignty to be undermined; a Venezuela that will also provide leadership in the region and the world; a Venezuela that will reimagine its relationships from nation to nation; a Venezuela that will stand up for piece and justice.”
now I’m running for President of the United States. Of course I have an opinion, but as I said, I’m focused on my campaign.” Well, how convenient for you Bernie. You old fraud. If there is a teachable moment to be wrung from the economic and political disaster facing the people of Venezuela as their country crumbles under socialism, it is this: Progressives, liberals, are incapable of learning from history. Not a single sycophantic supporter of Chavez had the integrity to admit Chavez and socialism failed - and I’ll bet they can be counted on to support the next failed attempt as well. More important: These are the same people who insist we vote for Hillary in November...
“I am very interested, but right
Remember folks, as to a “free, democratic Venezuela,” a political opponent to Chavez’s successor Nicolas Maduro, German Mavare, was just assassinated as a petition www.underwritersinsider.com
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TECHNOLOGY Continued From Page 44
Speaking of Facebook, have you “liked” my page on Facebook yet? There, you’ll see updates about online privacy, security, funny It’s also a good idea to lock videos, contests, call-in details down your Facebook timeline so for the “Kim Komando Show,” and that you have complete control a lot more. Click here to “Like” my over what gets posted there. Facebook page now. Changing this setting will mean friends and family members can’t Copyright 2016, WestStar Multimedia post anything on your timeline Entertainment. All rights reserved. that you don’t want shared.
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To do this, open your Facebook page and go into your Settings. In the left column select “Timeline and Tagging.” In the right column, next to “Who can add things to my timeline?” look for “Who can post on your timeline?” and click the “Edit” link to the right. Change the setting from “Friends” to “Only Me.” Now you’re the only one who can post.
Download your entire Facebook History If you are going through a divorce or want to make super sure nothing you don’t want others to see is lingering on your Facebook profile, take this extra step. You can’t beat having a complete history to go through. You’ll see all your photos, posts and videos you have shared, as well as your messages, your chat conversations, and more. Click here for steps and screenshots of how to download your entire Facebook history.
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On the Kim Komando Show, the nation’s largest weekend radio talk show, Kim takes calls and dispenses advice on today’s digital lifestyle, from smartphones and tablets to online privacy and data hacks. For her daily tips, free newsletters and more, visit her website at Komando.com.
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ZALMA an excess policy clearly sets a threshold starting point for payment, the contract is unambiguous and must be enforced. Here, each of the Defendants’ excess liability policies contain unambiguous language limiting recovery to only those amounts exceeding the policy limits of an underlying insurance policy or policies. A vertical exhaustion requirement does not undermine the remedial purpose of the UM/UIM statute. The only way an insured might not recover for the full amount of his injuries—and therefore realize the harm the statute was designed to prevent—is if, as is the case here, he settles with an underlying insurer for less than the policy limits. In that case, the insured voluntarily settled for less than the policy limits and, therefore, is under compensated of his own volition. In such a situation, it is not the exhaustion requirement that directly contravenes the legislative intent of the statute, but the insured’s own settlement negotiations. The Defendants are entitled to summary judgment in their favor with respect to the Cokers’ www.underwritersinsider.com
breach of contract claims. Each Defendant’s excess policy contained an unambiguous statement that coverage would not apply until the insured exhausted the $10 million policy limit of the Westchester policy. Indeed, the American Guarantee and Endurance policies even contained further vertical exhaustion requirements with respect to their codefendants. Though the Defendants were obligated by statute to provide UM coverage, they did so in the permissible excess way. The Eleventh Circuit concluded that because the Cokers failed to exhaust the limits of the underlying Westchester policy, the Defendants were under no obligation to provide any coverage whatsoever. As such, they are entitled to summary judgment on the Cokers’ breach of contract claims. ZALMA OPINION The plaintiff, and his lawyers, managed to get settlements from two excess insurers and the primary insurer for sums less than their limits and then went to the excess insurers for more money. Since the three excess insurers who were defendants required a full exhaustion of the underlying insurance, by settling for less than limits the plaintiffs destroyed their own case and the trial court was reversed.
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