INSURANCE • POLITICS • TECHNOLOGY • PEOPLE VOLUME 9 • 2012 • ISSUE 3
TABLE OF CONTENTS Cover Photo: R. Manera
Features News 5
Advertising
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Kim Komando
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Inside Track Marketplace Insider Advisor
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I Don’t Need Your Stinkin’ License! by Barry Zalma
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Comm. Kevin McCarty’s Statement on PIP Fraud Bill
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Florida Releases Preliminary 2011 PIP Data
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Shocking Chart: Total US Spending Since 1800
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Jax, FL Man Arrested on Insurance Fraud Charges
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2nd “Conspirator” Arrested in NC in Insurance Fraud
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Classifieds
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Check Out This Very Weird State Farm Advertisment
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Say What?
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Angry Seals Tell True Story of Bin Laden Killing
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U.S. Insurers Have Paid $Billions in Catastrophe Claims Over Last 2 Decades
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Back Issues
Table of Contents Continued...
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News 24
A Boy, A Grandfather & A Bottle of Cognac by Matthew A. Treskovich
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Florida Arrests Navarre Contractor For Comp Fraud
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TotalBank Closes Total Funding
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Premium Assignment Corp’s Parent, Suntrust, Fails Fed’s Stress Test
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13 Charts Show Obamanomics To Be Total Failure
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Est. Cost of Obama-Care Doubles to $1.76 Trillion!
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Watch the Data Use on Speedy New iPad 4G
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Strange New Electric Car Shocks Geneva Motor Show
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New Questions on Obama’s Birth Certificate Raised
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United Automobile Ins Company NASA - Eclipse Agency Mgt. National Insurance Underwriters Northfield Leads Accu-Auto Encore HR Personnel Solutions Orrin R. Beilly, Esq. National Insurance Underwriters Kingsway - Amigo Barry Zalma The Towing & Rental Group
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CONTENTS 2012 • Issue 3
A Publication of AdMax Media Corp Corporate Offices P.O. Box 31551 P. Beach Gardens, FL 33420
Ron Manera Editor/Publisher
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© Entire Contents 2012
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7 STEPS TO A FLU-FREE WORK STATION
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by Kim Komando
re you diligent enough about preventing computer viruses?
I talk a lot about the importance of keeping your computer safe from viruses, malware and other things that can expose you and your information to security risks But today I’m talking about good oldfashioned, low-tech germs. They can shut down your productivity just as quickly as a so-called indestructible computer virus. It’s that time of year, no matter where you live, when cold- and flu-season is spreading like wildfire. We just experienced a mini-epidemic at our office, complete with both the upper respiratory stuff and the stomach version s w e e p i n g through whole depar tments for days at a time.
There are many ways to disinfect your work space and minimize your exposure when these nasty viruses are spreading. But there’s nothing we touch more than our desktops, laptops, tablets and cell phones. I kept hearing the office germophobes say, “Too bad there’s no way to clean a computer.” Nonsense. Some digital gadgets are easier to disinfect than others, but there’s plenty you can do to lessen your exposure at work. Here are seven steps to a flu-free work station. 1) Attack that germy keyboard and mouse. They get touched the most at work and in your home office. If your keyboard and mouse are wired, unplug them from the computer. If they’re wireless, shut them off and remove the batteries. Then use bleach-free wipes to clean and disinfect the keyboard and mouse. Go over the accessories again with a d r y
and soft lint-free cloth. You want to avoid getting moisture into openings. Never use spray cleaners or spray disinfectants. If a wipe is very damp, squeeze it to remove the excess liquid. Also avoid using paper or cloth towels, because the lint can be harmful. 2) Have a laptop? Clean off the internal keyboard and trackpad the same way. Again, be sure to shut down the computer and unplug the power supply first. 3) To clean a desktop computer, shut it down and unplug the power cord. Disconnect peripherals. Use a disinfectant wipe to go over plastic and metal surfaces. For the display, use a soft, slightly damp lint-free cloth. 4) Phones with keyboards can be swabbed with a slightly damp disinfecting wipe. Most smartphone makers recommend using only a soft cloth to clean touchscreens. But several studies have reported that the average cell phone is more germ infested than a public toilet. And you put that to your face how many times a day? Your best line of defense may be to consider buying a screen protector for your smartphone. They’re available for the more popular touchscreen phones, so that you can clean and replace them as needed. Meanwhile, don’t forget to disinfect the handpiece and mouthpiece on your wired desk phone. 5) Place a bottle of alcohol-based hand sanitizer and a box of tissues next to your computer and use them frequently. This will go far to help control the
See Kim Komando Pg 37 www.underwritersinsider.com
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I DON’T NEED YOUR STINKIN’ LICENSE A Crime is Only a Crime If Prosecuted Lawyer Violating Criminal Statute Not Prosecuted
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School of Law in 2008. Ambe was not eligible to take the Maryland Bar Exam in 2009 because he does not have a JD degree. Instead, Ambe
, like most modern lawyers with modern computers and printers, use a template for a letterhead rather than having one professionally engraved and printed. The problem with technology, however, is that anyone with a computer and printer, can claim to be an attorney. In Attorney Grievance Commission v. Jude Ambe, No. 6 September Term, 2011 (Md. 02/22/2012) The Maryland Court of Appeal was
Silver Spring, Montgomery County, Maryland. According to Ambe, the office is maintained solely for the practice of immigration law. Ambe does not maintain a law office in New York or any other jurisdiction.
In June 2010, State Farm Insurance contacted Bar Counsel about the Ambe and provided copies of a number of documents received from and sent to Ambe. These documents related to claims received by State Farm from three claimants identified as: Susan Ngwese, Celestine Ngwa, and Brigitte Nsanguet (also referred to as Brigitte Edimo). Later, Bar Barry Zalma, Esq., CFE is a California attorney Join Barry Zalma’s new Blog: Counsel received documents specializing in insurance coverage, insurance http://www.zalma.com/blog from Allstate Insurance claims handling and fraud who serves as a consultant and expert for insurers and pertaining to another claimant, policyholders. He founded Zalma Insurance Daisy Epie (also referred to Consultants in 2001 and serves as its senior as Dessy-Liza Epie). These called upon to decide what to consultant. He recently published an e-book, documents included a letter of do with an attorney who was “Insurance Fraud,” which is available at his Web representation on the original licensed only in New York but site, www.zalma.com. Go to Zalma Books at Ambe & Associates letterhead was practicing law in Maryland. http://www.zalma.com/zalmabooks.htm. on behalf of Daisy Epie. State Farm issued a check for $3,222.22 FACTS took the New York Bar Exam, passed, payable to “Brigitte N. Edimo & Jude On March 17, 2011, the Attorney and was admitted to practice in the Ambe, her attorney” dated January Grievance Commission of Maryland State of New York in February 2009. 25, 2010. Ambe’s office address (the Commission) filed a Petition Ambe is not, and has never been, a appeared on the check and Ambe for Disciplinary or Remedial Action member of the Bar of the Court of acknowledged that he received the check. Ambe deposited the check in which it asserted that Jude Appeals of Maryland. to either his personal or operating Ambe violated Maryland Rules of Since his admission to the New account, kept $1,000 and returned Professional Conduct. York Bar, Ambe has maintained a Jude Ambe received a LLM degree law office at 8121 Georgia Avenue, See Zalma Pg 33 from the American University
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FLORIDA’S INSURANCE COMMISSIONER KEVIN MCCARTY’S STATEMENT ON THE PASSAGE OF FL PIP FRAUD BILL HB1065
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lorida’s leaders showed vision by enacting the first-in-the-nation Motor Vehicle No-Fault Laws that became effective in 1972. Commonly referred to as Personal Injury Protection (PIP), the goal was to help accident victims by reducing legal delays, streamlining the payment process, and providing an automatic “pot of money” for injured drivers to take care of immediate injuries through visits to doctors and hospitals.
and radio jingles all aimed at gaming the system. Clearly, the law is not working as it was originally intended.
Instead, the law that made emergency medical care “quick and easy” for accident victims has been targeted by fraudsters and hucksters who have perfected methods for exploiting the system by creating a cottage industry unique to our state. The Unfortunately, if you say the word “PIP” National Insurance today, one does not think of the benefits Crime Bureau reports of this innovative legislation. Instead, PIP that Florida now leads conjures images of proliferating pain the nation in staged clinics, billboard advertisements littering auto accidents where Florida’s highways, and catchy television numerous alleged “passengers” each access their $10,000 of PIP benefits from providers who are neither licensed, nor have an identifiable address. This pervasive fraud has led to a number of other market distortions. From 2008 to 2010, the amount Florida insurers paid for PIP benefits increased from $1.45 billion to $2.45 billion – a 70 percent increase. This increase is even more astounding when you consider the number of drivers was constant, and the overall number of reported traffic accidents actually declined during the same period. Ironically, the number of lawsuits also doubled in the last two years, which undermines the entire premise of the “nofault” legal system. The Florida Department of Financial Services under the leadership of Chief Financial Officer Jeff Atwater has done
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an admirable job in attempting to prosecute those perpetrating fraud, but the growth and sophistication of this cottage industry has outstripped both government resources, and the resources of insurance companies to investigate fraudulent activity. PIP only represents two percent of all insurance premium collected annually in Florida, yet accounts for 50 percent of all fraud referrals. When one fraud ring is shut-down, another one takes its place. Gov. Scott made PIP fraud one of the focal points of his administration’s goals this legislative session and he featured it prominently in his State of the State address. PIP fraud has become more than an arcane insurance issue – it directly affects Florida’s families, and negatively impacts Florida’s economy and the governor’s goal of job creation. Our Office began a review of the PIP structure in 2010 by conducting a data call of leading PIP writers in our state. In our report, issued to the Florida Legislature in April of 2011, we reached one indisputable conclusion: PIP claims are a major cost-driver of auto insurance rates, and the cost trajectory is
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simply not sustainable. To fix the problem, we must return PIP to its original mission – to provide emergency care for injured passengers. To accomplish this mission, we need legislation that encompasses four primary components: 1) limiting providers and venues for providing PIP coverage 2) creating a reasonable fee and utilization schedule 3) targeting a reduction in litigation costs, and 4) improving methods for investigating fraud. More specifically, we need to move away from “fly-by-night” PIP benefit providers, and instead rely on more traditional providers of emergency care such as EMS services, emergency care facilities, hospitals, and follow-up care ordered by physicians. A 72-hour window for accessing PIP benefits will also decrease fraud. Creating a fee schedule based on Medicare will be helpful, but we must also put in place incentives to decrease over-utilization. Lowering litigation costs should also be a priority. Finally, we need to give law enforcement more tools to investigate fraud including a requirement that police officers fill out uniform accident reports. Let me be clear, requiring Florida drivers to have Personal Injury Protection (PIP) may be a good idea. Yet, our state cannot continue to endure fraud and rising insurance costs as a result of this well-intentioned law. Instead, we must overhaul the system to return PIP to its original purpose. We need to structure PIP laws to make emergency medical coverage quick and easy for accident victims – not quick and easy for fraudsters and hucksters. Editor’s Note: As we recall it, the key reason for the inactment of PIP in 1972 was to reduce the cost of 3rd party litigation resulting from minor accidents www.underwritersinsider.com
- not to provide a “pot of money” for claimants. Unfortunately, the same group who gamed the system prior to PIP, unscrupulous trial lawyers and their chiropractic pals, quickly learned the PIP “pot of money” was really there for them. McCarty, a committed liberal, seems not to want to offend his friends in the trial bar.
DO YOU KNOW A KEY PERSON IN THE CIGAR MFG. BUSINESS?
PROJECT CAP LAUNCHES SERVICES FOR INDEPENDENT INSURANCE AGENTS
National brokerage seeks individual with connections in cigar manufacturing and distribution. Exclusive business opportunity!
New Firm Delivers Digital Marketing
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INNEAPOLIS (March 5, 2012) -- Project CAP, an initiative to help independent insurance agents gain greater visibility with online consumers, launched its agent digital marketing products. The products, now available exclusively to the 22,000 member agencies of the Independent Insurance Agents & Brokers of America, Inc., include: • Self-directed insurance marketing programs (offered in Bronze, Silver and Gold levels). • Full-service insurance marketing programs (offered in Platinum and Diamond levels). “Project CAP’s digital marketing programs are built on the four pillars of education, tools, content and services,” explained Scott Deetz, CEO
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Call John or Matt 1-800-359-5102 of Project CAP. “Agents can choose from an array of programs. Within the first 60 days of introduction, more than 700 agencies have enrolled and chosen specific insurance marketing programs based on their individual levels of expertise and needs. Some agents are adding these products to their existing marketing mix on a ‘doit-yourself’ basis. Others are choosing to have professional services done for them by the Project CAP team.” Products and prices are listed at the firm’s website at www. projectcapmarketing.com/insurancemarketing-packages.
See Project Cap Page 38 13
FLORIDA RELEASES PRELIMINARY 2011 FINANCIAL PIP DATA
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ALLAHASSEE, Fla. – The Florida Office of Insurance Regulation issued preliminary financial data involving the personal injury protection (PIP) market that directly pertains to bills being debated by the Florida Legislature.
The preliminary data shows that in 2011, Florida’s insurers collected an increase of 19.7%, or $0.5 billion for PIP premiums, and that PIP costs (both direct losses, and direct containment and defense costs) have continued to increase as a percentage of the premium dollar for Florida’s insurers. A snapshot of the PIP data based on annual filings in 2010 and 2011: The Loss ratio is the percentage based on company filings to the 2010 Direct Written Premium: $2.4 billion of premium dollar dedicated National Association of Insurance to paying direct losses based Commissioners for 2011 that were Incurred Loss Ratio: 97.7% on PIP claims. The Defense and accessed by insurance regulators Incurred DCC Ratio: 6.9% Cost Containment (DCC) Ratio as of March 2, 2012. Incurred Loss & DCC Ratio: 104.6% is defined as the percentage of the premium dollar dedicated These numbers are preliminary and 2011 Direct Written Premium: $2.9 billion to defense expenses, litigation based on company filings to the expenses, and cost containment National Association of Insurance Incurred Loss Ratio: 98.4% expenses. Commissioners for 2011 that were Incurred DCC Ratio: 9.1% accessed by insurance regulators Incurred Loss & DCC Ratio: 107.5% These numbers are preliminary and as of March 2, 2012.
TOTAL U.S. SPENDING 1800-2012
SEE A PROBLEM HERE?
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FLORIDA ANNOUNCES ARREST OF JACKSONVILLE MAN CHARGED WITH ARSON AND INSURANCE FRAUD
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ALLAHASSEE—Florida Chief Financial Officer and State Fire Marshal Jeff Atwater today announced the arrest of Christopher Koepke, of Jacksonville, after a joint investigation involving the Division of State Fire Marshal’s Bureau of Fire and Arson Investigations (BFAI), Jacksonville Fire Rescue Department (JFRD), the Jacksonville Sherriff’s Office (JSO), the Division of Insurance Fraud (DIF) and the www.underwritersinsider.com
Bureau of Alcohol, Tobacco and Firearms determined that Koepke set fire to five vehicles and an apartment building in an attempt to commit insurance fraud. “This man intentionally endangered the lives of others in an attempt for personal gain through insurance fraud,” CFO Atwater said. “Anyone who attempts any form of arson will be put behind bars. I’m proud of the work done by
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my office, the Jacksonville fire and law enforcement professionals to bring these individuals to justice.” On Sept. 15, 2011, Jacksonville Fire Rescue responded to a fire at the Columns Apartment Complex on Laurina St. in Jacksonville. The investigation revealed that Koepke intentionally set the fires, hoping to collect insurance money on the damage to the contents of his apartment. The fires caused more than $200,000 in damage. Koepke was arrested and booked into the Duval County Jail on five counts of second-degree arson to a vehicle, one count of 1st-degree arson to a dwelling and one count of insurance fraud. If convicted, Koepke could face up to 135 years in prison. 15
2ND ALLEGED CONSPIRATOR ARRESTED FOR N. CAROLINA INSURANCE FRAUD
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ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Jessica Shamere Key, 29, of 2571 Hudson Poultry Road, Iron Station; she is charged with 1 count of insurance fraud. Investigators allege that Key conspired with Christona Shante Ross to obtain an Allstate Insurance policy on Key’s 2003 Cadillac, a vehicle with prior damage for which an insurance claim had already been filed and paid. On Jan. 30, 2012, investigators allege that Ross filed a claim with Allstate for the same vehicle N. Carolina Ins. Comm. damage Wayne Goodwin that had already been settled. Before Allstate representatives realized there was a problem, Ross was issued a $1,102.65 check for the claim.
CHAOS IN YOUR TOWN... A very weird State Farm Ad - Click on the image to view!
Key was arrested on March 14 in Lincoln County and held on a $3,000 unsecured bond. Ross was arrested on March 12 at the Gaston County Detention Center and was released after posting a $5,000 secured bond.
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eorgia Insurance Commissioner Ralph T. Hudgens estimates insured losses in Georgia from March 2nd’s severe weather has now reached approximately $40 million. “I want to remind everyone that these are very preliminary numbers,” Hudgens said. “It takes many weeks for both the insurers and insureds to fully assess the extent of the damage from the storm. The insurance companies will continue to report information to us over the next few weeks.”
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nternational Risk Management Institute, Inc. (IRMI), recently released a complimentary e-book 50 Insurance Cases Every Self-Respecting Attorney or Risk Professional Should Know. The e-book summarizes in more than 150 pages, arguably, the 50 most influential U.S. insurance coverage cases of all time, as determined by top coverage attorneys. [more]
broker, has appointed Georgeanna Munger, Vice President, to manage the company’s ezumbrella.com business unit. Ms. Munger will lead ezumbrella. com’s underwriting and customer service operations. efforts for independent agents and brokers. Brand Camp’s young-agent scholarship will be renamed the “Maureen Wall Bentley Memorial Scholarship.” It will be awarded to a young independent agent who shows potential and interest in strategic and unique branding approaches to build her/his practice. Brand Camp is a hands-on insurance marketing conference designed specifically for carriers, agents and brokers, wholesalers, industry trade associations and technology service providers. Brand Camp 2012 will be hosted May 7-9 in Boulder, Colorado, and registration information is available at Aartrijk.com/brand-camp.
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referred Concepts, LLC ( w w w. p re fe r re d c o n c e p t s. com), a leading national program administrator and specialty insurance
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he American Insurance Association (AIA) elected two new board members, Robert Solitro, chairman of Swiss Re Corporate Solutions U.S. Companies, and Mario P. Vitale, co-chief executive officer of Aspen Insurance, at its March 2012 Board of Directors Meeting. Aspen Insurance is a leading global insurance and reinsurance company providing carefully tailored underwriting solutions in select markets. Swiss Re Corporate Solutions offers innovative, high-quality insurance capacity for single and multi-line programs to 50,000 customers worldwide backed by the financial strength of the Swiss Re Group, a leading and highly diversified global reinsurer. AIA advances the short- and long-term financial and other business interests of its member companies in the public policy arena.
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pplied Systems is partnering with official user group ASCnet— Applied Systems Client Network—to host TENCon 2012, August 20-23, at Gaylord Opryland in Nashville, Tenn. Information on all aspects of the 2012 conference—including registration, education sessions, guest speakers and networking events—is regularly updated at www.TENCon. org. Registration is now open, and discounted fees are available for early sign-up.
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nsurance branding specialist Aartrijk will award a scholarship for an independent agent to attend its Brand Camp 2012 event in memory of Maureen Wall Bentley, founder of the event who also led industry branding
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arketScout announced that it has begun tracking U.S. personal lines rates for homeowners, automobile and personal articles coverages. According to Richard Kerr, founder and CEO of MarketScout, “MarketScout has been a proven industry resource for tracking commercial insurance pricing since 2001, and we are now pleased to offer similar data for personal lines. We are monitoring personal lines pricing and coverage terms across the United States. Because of the many factors that impact the prices consumers pay for personal lines insurance, we are taking note of the class of business, geographic location and coverage requirements when monitoring these prices. We are also differentiating between high net worth accounts (homes valued over $1,000,000 or total premium over $10,000) and traditional personal lines accounts.”
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650,000 - The Monetary Value of a College Education According to PEW Research, “The typical college graduate earns an estimated $650,000 more than the typical high school graduate over the course of a 40-year career, according to an analysis of census and college expense data. This figure masks wide differences in earnings depending on the college graduate’s course of study. Earnings tend to be much higher for majors requiring numerical competencies (computer science, engineering, etc.) than other fields of study (such as education and liberal arts). “
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nternational Risk Management Institute, Inc. (IRMI), recently released a complimentary e-book 50 Insurance Cases Every SelfRespecting Attorney or Risk www.underwritersinsider.com
Professional Should Know. The e-book summarizes in more than 150 pages, arguably, the 50 most influential U.S. insurance coverage cases of all time, as determined by top coverage attorneys. The e-book, 50 Insurance Cases Every Self-Respecting Attorney or Risk Professional Should Know,” is now available exclusively at no cost at www.IRMI.com/go/50-cases.
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nsurance branding specialist Aartrijk will award a scholarship for an independent agent to attend
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its Brand Camp 2012 event in memory of Maureen Wall Bentley, founder of the event who also led industry branding efforts for independent agents and brokers. Brand Camp is a hands-on insurance marketing conference designed specifically for carriers, agents and brokers, wholesalers, industry trade associations and technology service providers. Brand Camp 2012 will be hosted May 7-9 in Boulder, Colorado, and registration information is available at Aartrijk.com/brandcamp. 19
Marketplace Recently Announced P&C Markets
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Agent’s E&O
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ational Ins Underwriting - Limits $300K to $2M - Premiums starting at $1400 with low ded. Available most states. Discounts for loss-free experience and losscontrol efforst. Call Craig Calver - 800-3382680 X 507.
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Aviation
viation Products & Liability Insurance from Arlington/Roe & Company - MGA - representing mulitple markets. Contact: 800.878.9891 X 2401. Cfrench@ arlingtonroe.com [11-6]
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Campground Programs
&K Insurance announces coverage for private and franchised campgrounds including ancillary activities such as water slides, amusement devices and motorized boating. Day camp coverage also available. Contact K&K Insurance at 877-355-0315. [11-7]
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Chemical Mfg & Distribution Risks
uel additives, Industrial gases, paints, varnishes, lacquers, enamels, solvents, adhesives, sealants and a multitude of other chemical manufacturing and distribution risks. Min Prem $20,000 and other underwriting criteria. See Sloan Mason: Contact Grant Kanamori @ 619814-2488 or grant@sloanmason.com. [117]
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Commercial Auto
ational Ins Underwriting - Light, medium & heavy up to 66,000 lbs. up to 500 mile radius, Up to $1M CSL or $1/$2M split, Phys Dam up to $100K - Med
Pay, Hired and NOL. Contact: Call Craig Calver - 800-338-2680 X 508.
877.453.2071 - JeffG@schinnerer.com [116]
ingsway/Amigo Competitve commercial auto program. Any size fleet, - all types of cars, light trucks and vans - specialty services, like landscaping, electrical, plumbing, lunch trucks and other various occupations. info@ kinswayamigo.com
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ropane Dealers - PowerWrap is an endorsed insurance program offering specialized, full spectrum coverage. Contact Alteris: 877-590-0775 [12-1]
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Condo Assoc Program
rident is offering tailored coverage designed for condominium town home and single-family community associations claiming competitive rates and terms. Coverages available include property, including flood, earthquake and coastal windstorm, general liability, D&O, umbrella, worker’s comp, auto, crime and property mgrs E&O. Trident Community Association Program - 5100 N. O’Connor Blvd, #200, Irving, Texas 75039 or email to csmktgprograms@argogroupus.com 877590-0775 [11-6]
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Contractors
eavy construction risks including steel erection contractors, concrete contractors, roofing contractors, bridge, street & road contractors, etc. Norman Spencer - Contact Brian Harrold p: 937.432.1469 brianharrold@normanspencer.com [11-7]
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Convenience Store
rgo Insurance announces expanded program and competitive rates for convenience store accounts. Company is looking for stores open until 11PM, fuel sales up to 90%, alcohol sales up to 30% with no fuel hauling exposure. Not available in Florida at this time. Email csmktgprograms@argogroupus.com 877590-0775 [11-6]
Design & Construction Industry
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rchitects, engineers & surveyors, construction managers, contractors, environmental consultants, landscape architects, specialty construction consultants. Contact Jeff Grigsby -
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Energy & Utility Risks
il & Gas Companies, pipeline operations, utilities, HVAC contractors and water & sewer contractors. Contact Victor O. Schinner & Co., Inc. Jeff Grigsby - 877-453-2071 or jeffg@ schinnerer.com [12-1]
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Entertainment & Sports
&K Insurance claims “over 75 programs available on admitted paper with no prior approval or appointment needed to submit applications for quotation. “ The MGA can be reached at 800-637-4757 or www. kandkinsurance.com. [11-6]
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adler Sports & Recreation Insurance specializes in ultra-fast time to quote, bind and issue. www.sadlersports. com. Sadler & Company, Inc. P.O. Box 5866 - Columbia, SC 29250-5866 - Phone: (800)622-7370 [11-6]
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Hair & Beauty Insurance Program
ASS - Salon & Spa Specialty Insurance administered by Brownyard Group open to agents seeking access to program. 888-823-9380 or Email: sassi@brownyard. com [11-7]
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Health & Human Services
FC Insurance - Package programs or ala carte. Contact: 877-456-5323 www.afcins.com submissions@afcins.com [12-2]
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Homeowners
ational Ins Underwriting -Webbased quick quotes, most protection classes & zip-codes OK - $40K - $750K dwelling values with replacement cost available. No credit scoring. Renters
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policies available. Contact: Craig Calver - 800-338-2680 X 508.
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Kidnap & Ransom
cademic institutions, energy companies, engineering firms, hospitals and healthcare, houses of worship, manufacturing firms, etc. Contact Victor O. Schinner & Co., Inc. Jeff Grigsby - 877-453-2071 or jeffg@ schinnerer.com [12-1]
P
Have a P&C Product Announcement?
Landscaper Risks
rogram Brokerage Corporation (PBC) is a full-service brokerage that specializes in programs for the green industry including lawn care operators, commercial and residential construction, tree trimming /pruning and other landscape exposures. Jonah Aaron Lipin | Phone: 212-338-2983 jlipin@programbrokerage.com [11-7]
Marine Risks Worker’s Comp & Longshore & Harbor Workers’ Comp
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eaBright Insurance Company offers high quality workers’ compensation coverage for your clients who are small maritime employers and other marine-related businesses. SeaBright provides seamless cov All Risks, LTD 410-828-5810 rlang@allrisks. com or Appalachian Underwriters, Inc. – Oak Ridge, TN 865-425-1051 warren. palmer@appund.com or Peachtree Special Risk Brokers – Metairie, LA 504830-7347 jlasseigne@psrllc.co [11-7]
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Martial Arts
&K Insurance announces expanded coverage & lower minimum premiums on martial arts coverage. General Aggregate Limit increased to $5M - Participants Med Pay to $150K. The MGA can be reached at 800-637-4757 or www.kandkinsurance. com. [11-6]
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Ocean & Inland Marine
prdwode Facilties, Inc. Contractors doing: piers, docks, wharfs, bridges, breakwaters, cranes, dredging, etc. 6455 East Johns Crossing, Suite 115 Johns Creek, GA 30097 (678) 736-6720 • Facsimile: (678) 736-6726 - Carter, Kimberly - 678 7366720, Ext. 1000 - kcarter@wwfi.com [11-7]
Send your press release or one-paragraph announcement to ron@insurmedia.com
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Professional Liability
echnology & Cyber, Architects & Engineers, RE Agents, Insurance Agents E&O, Misc. Pro Liability - and more: Contact Atlantic Specialty Lines lorie@atlanticspecial.com 877-5459100 [12-1]
V
ictor O. Schinnerer - A-rated carriers -Real Estate Agents, Healthcare Consultants, General & Artisan Contractors, Architects, engineers & consultants, public entities such as school leaders and public officiials. Contact: 877-4532071 www.schinnerer.com jeffg@ schinnerer.com
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Real Estate E&O
overage for open houses, mold, network risks and privacy claims are now part of Victor O. Schinnerer & Company’s Real Estate E&O policy. Schinnerer includes the three new coverages at no additional premium. Call to ck on your state: Starr Crusenberry Starr.N.Crusenberry@ Schinnerer.com - 301-951-6904 [116]
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Restaurant
rgo Insurance announces lower rates filed on restaurant coverage including food spoilage coverage. Full commission and no agency appointment necessary. Company is looking for family style, family grills, casual style, fine dining and limited cooking restaurants such as pizza and sub shops. Email csmktgprograms@ argogroupus.com 877-590-0775 [11-6]
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orman Spencer’s Real Estate Program - “one of the most comprehensive policies in the market with highly competitive pricing” Coverage is available to risks whose services include Residential and Commercial Sales, Leasing, Property Management, Real Estate Consulting, Auctioneering, Mortgage Brokering, BPO’s and Appraisal, and Escrow Services - Michael Ryder michaelryder@
norman-spencer.com x204 [11-7]
I
800.477.9192
Social Services
rwin Siegel Agency claims to be a partner who can provide Insurance Solutions for the Social Services field. Contact: 800-622-8272 siegel@ siegelagency.com. [11-6]
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Security Guard & Investigative
echanic Group announces coverage for security guards, private investigators, alarm contractors, electronic security and private security consultants. The Mechanic Group - One Blue Hill Plaza, Suite 530, Pearl River, NY 10965 - (800)214-0207 - or www. mechanicgroup.com [11-7]
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Tech Consultants E&O
odern Insurance Consultants - website design, software development, database admin, web hosting, software/hardware sales - and more. IT consultants up to $15M in annual sales. Contact Andrew Lawrie - 305-248-9495 X 9108 - alawrie@ modernins.com [12-2]
Welding Supply & Industrial
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Gas Distributors
he WDPG Program is dedicated to this class of business and has been a leading choice of agents and welding supply distributors since 1987. Quick Turn around Quotes: Jeannie Coda: kentidwell@wdpginsurance.com [11-6]
F
Privacy/Data Breach Coverage
irst party expense and third party liability coverage available for many E-Threats and E-Exposures. Contact RPS, Inc. at 800-336-5659 or techcyber@rpsins.com. 11-7]
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ANGRY NAVY SEALS REPORT THE TRUE STORY OF KILLING ‘BERT’ LADEN They were shocked that President Barack Obama announced bin Laden’s death on television the same evening, rendering useless much of the intelligence they had seized. This report has been posted into innumerable blogs across the ‘Net since 2011. We thought it important enough to include here. - Ed
its opening seconds. Pfarrer insists bin Laden would have been captured had he surrendered.
Reprinted from The Sunday Times by Christina Lamb
“There isn’t a politician in the world who could resist trying to take credit for getting bin Laden but it devalued
O
SAMA BIN LADEN was killed within 90 seconds of the US Navy Seals landing in his compound and not after a protracted gun battle, according to the first account by the men who carried out the raid. The operation was so clinical that only 12 bullets were fired. The Seals have spoken out because they were angered at the version given by politicians, which they see as portraying them as cold-blooded murderers on a “kill mission”. They were also shocked that President Barack Obama announced bin Laden’s death on television the same evening, rendering useless much of the intelligence they had seized. Chuck Pfarrer, a former commander of Seal Team 6, which conducted the operation, has interviewed many of those who took part for a book, Seal Target Geronimo, to be published in the US this week. The Seals’ own accounts differ from the White House version, which gave the impression that bin Laden was killed at the end of the operation rather than in
22
“There isn’t a politician in the world who could resist trying to take credit for getting bin Laden - but it devalued the ‘intel’ and gave time for every other alQa’ida leader to scurry to another bolthole,” said Pfarrer. “The men who did this and their valorous act deserve better. It’s a pretty shabby way to treat these guys.” the ‘intel’ and gave time for every other al-Qa’ida leader to scurry to another bolthole,” said Pfarrer. “The men who did this and their valorous act deserve better. It’s a pretty shabby way to treat these guys.” The first hint of the mission came in January last year when the team’s
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commanding officer was called to a meeting at the headquarters of joint special operations command. The meeting was held in a soundproof bunker three storeys below ground with his boss, Admiral William McRaven, and a CIA officer. They told him a walled compound in Pakistan had been under surveillance for a couple of weeks. They were certain a high-value individual was inside and needed a plan to present to the president. It had to be someone important. “So is this Bert or Ernie?” he asked. The Seals’ nicknames for bin Laden and his deputy Ayman al-Zawahiri are a reference to two Muppets in Sesame Street, one tall and thin and the other short and fat. “We have a voice print,” said the CIA officer, “and we’re 60 per cent or 70 per cent certain it’s our guy.” McRaven added that a reconnaissance satellite had measured the target’s shadow. “Over 6ft tall.” When McRaven added they would use Ghost Hawk helicopters, the team leader had no doubt. “These are the most classified, sophisticated stealth helicopters ever developed,” said Pfarrer. “They are kept in locked hangars and fly so quiet we call it ‘whisper mode’.” See Killing “Bert” Laden Page 40 The Underwriter’s Insider
U.S. INSURERS HAVE PAID BILLIONS OF DOLLARS IN CATASTROPHE CLAIMS OVER THE PAST TWO DECADES Industry’s Strength Has Proven to Be an Asset, as Demonstrated by the Events of 2011
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EW YORK, February 17, 2012 — U.S. property/casualty (P/C) insurers cumulatively paid $408 billion in catastrophe related claims to their auto, homeowners and business policyholders between 1990 and 2011, yet the overwhelming majority remain well-capitalized in 2012, according to Dr. Robert Hartwig, CPCU, an economist and president of the Insurance Information Institute (I.I.I.).
www.underwritersinsider.com
“I am confident the residents of Tuscaloosa, Alabama and Joplin, Missouri, as well as other disasterstricken communities, are glad their insurers had the resources last year to meet their financial commitments,” Dr. Hartwig stated. Besides causing significant losses of life, the Tuscaloosa/Birmingham tornadoes in April 2011, and the one which struck Joplin in May 2011, generated insurance claims totaling about $2 billion in each instance. The Joplin tornado set into motion the biggest insurance event in Missouri’s history, according to Missouri Insurance Director John Huff.
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The I.I.I. cited the following U.S. historical data involving insurance and natural catastrophes in challenging assertions made today in a report from the Consumer Federation of America: Natural catastrophe caused claims payouts to U.S. P/C policyholders grew seven-fold as a share of total claims payouts between 1960 and 2010. The trend has accelerated over the past two decades, with hurricanes and tropical storms accounting for 44 percent of natural catastrophe-caused insurance
See Industry Paid Billions Page 35
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A BOY, A GRANDFATHER AND A BOTTLE OF COGNAC
by Matthew A. Treskovich, CMA, CFP®, MBA, CLU, ChFC, FLMI
O
ne day when I was a boy, my grandfather came home with a bottle of cognac wrapped in gift paper. He explained that we would drink it when I graduated from college, not before, and that by that time a decent bottle of cognac would turn into an excellent one. My grandfather never had much money, but it was important to him that his grandchildren go to college, and he did what he could to encourage it. Today’s grandparents face a much
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more difficult available, there are challenge. many downsides to C o l l e g e borrowing. tuition has never been Section 529 plans as expensive are a popular option as it is today, for college savings. and the costs A 529 plan is a stateare increasing sponsored college much faster savings program, and than overall plan assets are usually inflation. invested in the stock Unlike past market. Funds invested generations, grow tax-deferred, and Matthew A. Treskovich t o d a y ’ s withdrawals to pay college-bound college costs are free from students are unlikely to be able federal income tax. to work their way through school. While student loans are readily See College Funding Page 34
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The INSIDER’S
“The Final Authority on Everything!” Solid State or Hard Disk Drive?
I
was shopping for a laptop the other day and the salesman told me I would be crazy if I didn’t select a model with a solid state hard drive. It cost extra. What’s it all about and is it worth the price? T.R., Chattanooga, TN Traditional computer hard drives are complex electromechanical devices that store data on internal rapidly spinning disks (as much as 10,000 RPM!) similar in appearance to CDs although data is stored magnetically rather than optically as on a CD. Hard drive technology has been around for a long-time and it is a cheap and efficient method of storing massive amounts of media. The first hard drive I had the opportunity to price was in the early 80’s as I attempted to add storage to my floppy-only IBM PC. The drive was 10 Megabytes and was contained in a box about the size of a small suitcase. It cost $2,200 and I didn’t buy it. Today, you can easily pick up a 1 Terabyte (1 million Megabytes!) drive for $95.00. Cost per megabyte in the first drive: $220. In the second? .000095 of a cent. It’s a helluva bargain. So why the introduction of Solid State Drives - where data is stored on solid-state memory chips - if hard drive technology is so advanced and affordable?
ADVISOR
speeds of 3 Gigabytes Per Second, a typical SSD will yield 6 GPS - twice the speed. And with no moving parts, you have a more reliable, more durable, shock-resistant drive with the SSD.
The downside is price and capacity. While the classic HDD can be bought for less than $ .10 per GB in the 1 TB range, a SSD drive can cost as much as 8 or 10 times that amount - although prices are dropping fast. Also, large (1TB +) SSD drives are relatively rare and pricey. Most SSD drives are in the 256GB range or smaller - causing users with large storage needs to often combine the SSD with a larger HDD for static storage such as movies or images. Looking at the dramatic cost drop and
Have a question for The Advisor?
Click HERE! capacity gains in traditional HDDs since PCs were first introduced, one can predict a similar evolution for SSDs. Once price and capacity are brought to HDD levels, there is every reason to assume SDDs will replace HDDs in most applications. If you select the SSD in your new laptop, as the Advisor recommends, you will notice a dramatic improvement in boot time as drivers, processes and applications will load much more quickly. The rapid access time and smaller power requirements have already made SSDs the first choice of custom computer builders and gamers - as well as laptop manufactures.
Two big reasons: Speed and reliability. While a typical, new 1 TB SATA hard drive claims access www.underwritersinsider.com
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FREE CLASSIFIED RULES: Submit all ads online at: www.underwritersinsider. com/classifieds. Ads must be less than 501 characters plus a title line. Eligible free classifieds include help wanted, position wanted, personal ads, agency for sale/purchase, or the one-time sale of an item or items. REGULAR CLASSIFIED RULES: Submit all ads online at: www. underwritersinsider.com/classifieds. Only $1.00 per word, including title line and response info. Payment must be received prior to print date. Nationwide Agency Owner Wanted - Chicago SW Burbs! Business is expanding so rapidly and we need talented, business-minded individuals. What We Offer - Base salary, commissions and limited benefits for the first 18-24 months - Up to $95K in financial support upon graduation to offset agency start-up costs - Brand name recognition of a Fortune 500 company - Extensive sales and product training opportunities - Dedicated support from a team of agency development specialists 9-3
Coral Springs, FL Experienced 2-20 Agents Experienced P & C Agents required for a Coral Springs office. Good commission and renewal offered. Contact: tamiller91@yahoo.com 9-1
CSR Wanted Memphis, TN area P&C CSR to produce quotes for progressive agency. Need commercial P&C experience.
Contact: jake1934@msn.com
8-3
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220 and Life Agents Wanted - Coral Springs Area Licensed 220 and life Agents wanted for P & C Agency Leads available. Daily commission paid to Life Agents. Email: tamiller91@yahoo.com 8-7 "Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. Its only inherent virtue is the equal sharing of misery." - Winston Churchill
- Independent Agency for Sale or Merger Location is in North Florida area. $150,000 Firm. Email For More Info:
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HERE Experienced Commercial Lines Underwriter
Boca Raton Base MGA seeking experience Commercial lines UW /rater should have company experience, must be able to multi task and deal with Ins Agents and companies as part of your daily duties must have good computer skills and be a team player. Send resume to: ccalver@niuw.com 8-5
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CSR/Agent Medley/Doral Area
P & C PRODUCER WANTED - SARASOTA 2-20 Licensed Outside producer for Sarasota Agency. Have multiple markets. Send resume to northwick@mindspring.com
Doral/Medley Ins Agency seeks sales producer/CSR. Must have previous ins exp & knowledge of Auto & Home ins. Commercial exp a plus. A min of a 4-40 ins lic. Applicant must possess excellent communication skills in Eng & Span. Respond to this at:
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8-5
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FLA ARRESTS NAVARRE CONTRACTOR FOR WORKERS’ COMP FRAUD SCHEME
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ALLAHASSEE - Florida announced today the arrest of a Santa Rosa County construction company president on charges of falsifying payroll information to avoid workers’ compensation premiums. Randall Morton Seltzer, 43, president of Navarre Industries Inc., was charged with multiple felony counts, including workers’ compensation fraud and grand theft. “Workers’ compensation insurance is vital to the health and protection of businesses and Florida’s economy as a whole,” www.underwritersinsider.com
CFO Atwater said. “Just last week, the Legislature passed reforms that target schemes just like this one that are diverting a billion dollars from Florida’s economy.” The investigation revealed that Seltzer intentionally and systematically under-reported his corporation’s true payroll to his insurance carrier, Guarantee Insurance Company. The fraud investigation was based on a referral from the department’s Division of Workers’ Compensation,
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which issued the company two stop work orders within a five-year period. Seltzer allegedly established a shell corporation in 2011 under the name Hip Roof & Valley Inc. to intentionally violate the stop work orders and continue operating his construction business illegally. Seltzer was booked into the Santa Rosa County Jail and is awaiting bond. If convicted, he could face up to 30 years in prison and be forced to pay over $2.8 million in restitution. 27
“The
“ Isn’t It Ironic? The food stamp program, part of the
Department of Agriculture, is pleased to be distributing the greatest amount of food stamps ever. Meanwhile, the Park Service, also part of the Department of Agriculture, asks us to “Please Do Not Feed the Animals” because the animals may grow dependent and not learn to take care of themselves.” - Minnesota State Rep. Mary Franson (R) in a speech to her constituents - for which she was roundly, yet unfairly, critized by the left for “comparing the poor to animals.” Clearly the metaphor was only used to illustrate the dependency created when a too-large, too-paternal government relieves an individual of the responsiblity of selfsufficiency.
“ This
would have reduced the overall exposure of Citizens, transferred that risk away from taxpayers, and decreased the likelihood or severity of every Floridian having to pay post-hurricane taxes. Unfortunately the legislature today opted against expanding consumer choice” - Christian Camara, Florida director for Heartland, bemoaning the failure to pass of HB 245, a law that would have allowed surplus lines carriers to depopulate Florida’s Citizens - the so-called carrier of last resort. (In reality the only available carrier in many instances...)
“ No one who has watched Obama and the titanic leftist
juggernaut he has unleashed on our beloved America thought he was promoting Obamacare to bend the health care curve down. If that had been the case, he wouldn’t have had to go to such lengths to make it appear as though this budget buster was actually a plan for cost containment. Indeed, we knew he would go to any lengths to pass this bill, even if it ended up costing two or three times more than he falsely projected. And what do you know? Just a few years later, as this legislative Frankenstein awaits the verdict of the Supreme Court, the CBO released a report this week admitting it will cost about twice as much as Obama twisted its arm into calculating a few years ago”. - Conservative columnist and pundit David Limbaugh reacting to the recent report of the non-partison Congressional Budget Office (CBO) that the actual cost of Obama Car will be $1.76 Trillion not the $940 Billion Obama claimed when he pitched this bill to an unconvinced American public.
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U.S. government has awarded appliance-maker Philips $10 million for devising an “affordable” alternative to today’s standard 60-watt incandescent bulb. That standard bulb sells for around $1. The Philips alternative sells for $50. Of course, the award-winner is no ordinary bulb. It uses only one-sixth the energy of an incandescent. And it lasts 30,000 hours–about 30 times as long. In fact, if you don’t drop it, it may last 10 years or more. But only the U.S. Government (in this case, the Department of Energy) could view a $50 bulb as cheap.” - From a recent ABC news report. Yes folks, $10 million of your tax dollars were used to reward a company for producing a lightbulb you cannot afford - in a year when we’ve been forced to borrow $ trillions from the Chinese simply to cover our current obligations.
“What if the owners of the Suns discovered that hordes of
people were sneaking into games without paying? What if they had a good idea who the gate-crashers are but the ushers and security personnel were not allowed to ask these folks to produce their ticket stubs, thus non-paying attendees couldn’t be ejected. Furthermore, what if Suns’ ownership was expected to provide those who sneaked in with complimentary eats and drink? And what if, on those days when a gate-crasher became ill or injured, the Suns had to provide free medical care and shelter?” - Arizona Gov. Jan Brewer reacting to Arizona Suns owner, Robert Sarver, who strongly opposed Arizona’s new immigration laws.
“The biggest problem with our economy today is Barack
Obama. His demonization of successful people, his driving up gas prices, his regulatory overload and threats to increase taxes have terrified businesses into hunkering down, refusing to spend money, and declining to hire new people. Replacing him would do more than any government policy to spur economic growth.” - From Columnist John Hawkins list of “20 Obvious Truths That Will Shock Liberals.” This was #5.
“Florida has also become a national hotbed for staged
accidents. PIP costs associated with staged accidents increased 77 percent from 2009 to 2010, while billings for services not rendered increased 32 percent, according to I.I.I. estimates. Again, the propensity for staged accidents in the Sunshine State is not the result of PIP, but rather because of a holistically broken system of which PIP is a part. The failure to recognize this by the legislature is precisely why its “fixes” consistently fail to solve the problem.” - Columnist and blogger Christopher Tidball in his analysis of Florida’s recent PIP reform legislation which finally passed the senate 22-17 and is awaiting Governor Scott’s signature. The true fix is obvious, but then you just can’t shoot all the lawyers...
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TOTALBANK CLOSES TOTAL FUNDING
A
s of March 9, 2012, TotalBank’s premium finance division, Total Funding, will cease accepting new premium finance agreements. The company has not disclosed the reason for it’s decision to close the division. A statement on their website reads: To Our Agents: TotalBank has been committed to providing quality premium financing options along with outstanding customer service. We pride ourselves in putting our agents and customers first and consider each business decision in light of our dedication to managing resources effectively. It is precisely this commitment to managing our resources effectively that has led us to the decision to close our Total Funding Division. As a result, the Total Funding Division will cease underwriting new premium finance agreements on Friday, March 9, 2012 at 5:00PM. This includes quoting and processing new premium finance loans. However, your existing agency portfolio will continued to be serviced until loan pay off. Other premium funding companies operating in the area are expected to easily absorb the Total Funding portfolio. A spokesperson for Broadway Premium Funding invited any displaced Total Funding agency to call for setup and confirmed “more than adaquate capacity to handle any Total Funding commercial renewal at very competitive rates.” www.underwritersinsider.com
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2005 Issue 5 31
13 CHARTS SHOW OBAMANOMICS TO BE A TOTAL FAILURE
SUNTRUST FAILS STRESS TEST
Hope For A Change...
The Parent of
Click on Chart Below To See All 13 Charts & Accompanying Article.
PAC Premium Finance
fails to show they have sufficient capital to survive another serious downturn
A
tlanta-based Suntrust Bank, parent of Premium Assignment Company, failed a critical, recent Federal Reserve test of financial strength. The Fed can now stop them from paying stock dividends or buying back their own stock - as well as forcing them to raise money by selling additional stock or selling debt on the bond market.
OBAMA TESTIFIED TO CONGRESS IN 2009 THAT OBAMACARE WOULD COST “ONLY” $900 BILLION - NOW CBO ESTIMATES MORE LIKE $1.76 TRILLION!
Was it a blatant lie? Or just gross incompetence?
W
proclamation: “We have to pass it (Obamacare) to find out what’s in it. “
hen the then Speaker Truer words have never been spoken of the House Nancy by a politician. Pelosi was Now we are finding out that pitching the so-called the cost is almost double what Patient Protection and was represented - as well as Affordable Care Act. learning about all the other (PPACA) in 2009, now lies and consequences of this widely known simply obnoxious legislation. as Obamacare, in 2010, her disdain for We were promised that family the American voter premiums would drop by and taxpayer became $2,500 once all the complex self-evident when she Congresswomen made her now famous Nancy Pelosi, CA (D) machinations of Obamacare
32
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were implemented - now the Kaiser Family Foundation released a study showing premiums are up $2,200 just in anticipation of Obamacare’s arrival.
The Underwriter’s Insider
Continued from Page 10
ZALMA the remainder to Nsanguet/Edimo. John Epie testified at trial that he worked for Ambe on a case by case basis from March 2009 through September 2010. His services to Ambe’s firm included providing research on country conditions for immigration cases. He also communicated with Allstate and State Farm Insurance on behalf of the Ambe’s clients with auto accident claims. According to Epie, he had experience in auto accident cases from working for other lawyers. Both the Ambe and Epie testified that the Ambe did not have preprinted letterhead. Instead, Ambe relied on a computer-based template to generate the letterhead used for his firm’s correspondence.
while not licensed to practice law in Maryland. It is undisputed that Ambe’s actions constituted the practice of law. There is clear and convincing evidence that the Ambe drafted, or had drafted under his name, demand letters seeking to settle cases arising from four separate state tort claims that could be filed in court. Ambe’s contention that he did not know such action constituted the practice of law does not affect the analysis as to whether the Ambe violated the rule. Under Maryland law, claimed ignorance of ethical duties is not a defense in disciplinary proceedings. There is also clear and convincing evidence that Ambe failed to clearly indicate on his business cards that he was not licensed to practice law in Maryland.
CONCLUSIONS OF LAW
disclose the limitations on his practice. As discussed above, Ambe practiced law in Maryland without being admitted to the Maryland Bar by representing and advocating on behalf of Daisy Epie and Brigitte Nsangue/Edimo in connection with Maryland state tort law claims. The Court also found that there is clear and convincing evidence that Ambe engaged in conduct that is prejudicial to the administration of justice. In this case, there is clear and convincing evidence that Ambe’s behavior was dishonest and deceitful because he misled representatives of State Farm and Allstate by failing to indicate the limitations on his law practice. Even after Bar Counsel told Ambe he had to clearly indicate the limitations on his practice and he could not practice state tort law in Maryland, the Ambe interacted with Allstate regarding Daisy Epie’s claim and sent, or had his agent send, correspondence on his original letterhead to State Farm. Also, the Ambe’s conduct was criminal because he engaged in the unauthorized practice of law, a misdemeanor.
It is undisputed that the Ambe is not, and has never been, a member of the Maryland Bar, licensed http://www.zalma.com/zalmabooks.htm to practice state tort law In this case, this Court has in the State of Maryland. found clear and convincing evidence There is no dispute that Ambe was The Court found by clear and that the Ambe has violated several responsible for the four personal convincing evidence that Ambe Rules of Professional Conduct. injury claims that he initiated either engaged in the unauthorized by himself or through his agent, practice of law and held himself out CONCLUSION John Epie. to the public that he was authorized to practice law in Maryland, a Given that Ambe discussed at least There is clear and convincing misdemeanor. There is also clear three of the personal injury claims evidence that the Ambe violated and convincing evidence that Rule 5.5(a) by representing clients Ambe made false and misleading in Maryland state tort law cases See Zalma Pg 34 communications by failing to www.underwritersinsider.com
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Continued From Page 24
COLLEGE FUNDING These plans come with several strings attached: there are income and contribution limits, strict rules on what kinds of expenses qualify for income tax free distributions and limitations on distributions if the child does not go to college. Funds in a 529 plan can impact the student’s ability to receive other forms of financial assistance. Further, the value of the funds can fluctuate with the stock market. If the child’s first year of college happens to be a bad year for the market, it could lead to the need to make some very difficult decisions.
Another alternative is to make the grandchildren the insureds, in which case the life policy would provide “burial insurance” in the short run, and could eventually provide a legacy for great-grandchildren and future generations. Life insurance policies provide significantly more flexibility than traditional 529 plans, and can be structured to avoid the disadvantages inherent in those plans. Concerned grandparents are
Creekmore Insurance Group is a full-service life insurance brokerage specializing in complex life cases and impaired risks. Creekmore serves independent agents and financial advisors across the country. Matt is the CFO and oversees advanced case design and underwriting. He can be reached via email Matt@ LifeAgents.com or at 800-9360339. For more information, visit www.LifeAgents.com
Continued From Page 33
A properly structured life insurance policy is an excellent supplement to, or replacement for, a traditional 529 plan. Unlike a 529 plan, a life policy does not have overall income or contribution limits and will not be taken into consideration when financial aid is determined. Distributions from the life policy are tax-deferred, potentially tax-free, and can be used for any type of expense.
ZALMA
with his “clients” and negotiated a settlement on behalf of a client in one other, there is little merit to his assertion that he did not personally handle the personal injury cases. The bottom line is that Ambe was never allowed to practice any law or settle any claim in the State of Maryland other than claims in the United States District Court for the District of Maryland. Thus, whether the personal injury claim was brought to Ambe by an existing immigration client as well as the Ambe’s reasons for taking on (or not taking on) a personal injury case are not directly relevant in respect to Ambe’s exceptions to the hearing judges findings and
A cash value life insurance policy is an excellent choice for concerned grandparents because it can also take care of additional planning concerns. The parents can be insureds, in which case the death benefit could be used by the grandparents to take care of the grandchildren in the event of the untimely death of a parent. 34
well-advised to look at life insurance as an alternative to traditional was of helping grandchildren with college expenses. Today’s college-bound children will need more than simple motivation and encouragement!
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conclusions, although it may be entitled to some consideration in respect to this Court’s sanction. In Maryland the purpose of attorney discipline is the protection of the public, not the punishment of the erring attorney. Ambe’s transgressions in the instant case are not as severe in nature as those in cases cited by the state. Ambe was a newly practicing attorney who never specifically solicited any clients on Maryland matters. It is uncontradicted that his various contacts with insurers in a settlement context originated with his immigration clients who sought his assistance in communicating with various insurers. He never entered his appearance in any Maryland court case and never assisted any other attorney in doing so. Ambe did violate Rule 5.5(a) by representing clients in Maryland state tort law matters while not licensed to practice law in Maryland. But, as we have indicated, it does not appear he actively solicited any clients in respect to Maryland issues. Lastly, because Md. Rule 16-760(f ) provides for the protection of the public by authorizing Bar Counsel to take further action against Ambe in the unlikely event that Ambe ever again engages in the unauthorized practice of law – - the main charge for which these disciplinary proceedings were brought we believe that the public is adequately protected by reprimanding Ambe.
ZALMA OPINION Committing a crime of moral turpitude, in most cases, will cause www.underwritersinsider.com
a lawyer to lose his license. Mr. Ambe had no license in Maryland for the state court to take from him. They found he breached a criminal statute by practicing law without a license. A reprimand from the state telling him, over whom they have no power, that he was naughty did not deserve the time necessary to go through trial and write a lengthy appellate decision.
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The dissenters, who sought a more stringent punishment, wanted him suspended for 30 days. Since he had no right to practice a 30 day suspension would be as effective as a Band-Aid on a decapitation.
The extraordinary spring tornado season in the U.S. in 2011, coupled with severe winter weather and Hurricane Irene, reduced the P/C insurance industry’s cumulative policyholders’ surplus—the amount of money remaining after an insurer’s liabilities are subtracted from its assets— to $538.6 billion as of September 30, 2011, 3.3 percent lower than the $556.9 billion policyholders’ surplus at year-end 2010.
The court, after finding a criminal violation, should have referred Ambe to the state attorney general for prosecution for the unlawful practice of law. Insurers, dealing with lawyers they do not know should make it a practice to check the status of the lawyer before dealing with the person as a licensed attorney. Every state has a web site listing each licensed attorney. That is what State Farm and Allstate did. Their mistake was reporting Ambe to the Bar rather than to the prosecutor. Criminal actions by people pretending to be a licensed lawyer need to be punished. That the crime is only a misdemeanor is silly and does not protect the public. This decision is a travesty. Hopefully Maryland will keep a watch on Mr. Ambe and if he ever claims to be a Maryland lawyer again they will try him and spend millions to suspend his non-existent license for 30 days.
INDUSTRY PAID BILLIONS claims payouts dating back to the early 1990s through today, and tornadoes generating 30 percent of the payouts.
P/C insurers are in the risk management business. As such, insurers have, with the approval of state lawmakers and regulators, instituted hurricane deductibles in recent years to allow them to write policies in the most hurricane prone parts of the U.S. This has made private-sector coverage more available and affordable in coastal areas than would otherwise be the case. “The premium an auto, home or business insurer charges must be commensurate with the risk they are assuming on behalf of the policyholder,” Dr. Hartwig said. “Insurers remained solvent, met their financial commitments, and some even grew their businesses during one of the most challenging economic downturns since the Great Depression. The industry’s business model was put to the test, and passed with flying colors.”
© 2012 – Barry Zalma
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Experts and Consultants for Insurance Disputes 4441 Sepulveda Boulevard Culver City, California 90230 310-390-4455 zalma@zalma.com http://www.zalma.com
Consultation from Zalma Insurance Consultants (ZIC) can save you or your client thousands of dollars in the defense or prosecution of an insurance dispute. ZIC provides expert advice and counsel insurers and plaintiffs’ counsel find indispensable. Consultation from ZIC can save you, your counsel or client hundreds of hours of investigative and legal work. ZALMA INSURANCE CONSULTANTS is a service of Barry Zalma, Inc. a California professional corporation. Barry Zalma is an internationally recognized expert on insurance coverage, insurance claims handling, insurance bad faith, insurance fraud detection, the defeat of false and fraudulent claims, Barry Zalma, Esq. insurance claims handling, and the resolution of insurance disputes. As a consultant, expert witness, lawyer, author, mediator or arbitrator he serves all parties who need consultation or expert testimony on matters relating to insurance coverage, insurance claims handling, insurance fraud and the tort of bad faith. Barry Zalma founded Zalma Insurance Consultants to help resolve any insurance claim problem faced by you or your clients that do not need Mr. Zalma’s services as a lawyer. His experience and skill as a consultant and expert witness can make the difference before a jury or other trier of fact. For more than 44 years as a claims person and insurance coverage attorney, Barry Zalma has represented insurers, advised insurers on claims handling, interpreted coverages and testified as an insurance coverage, insurance bad faith, insurance claims handling and insurance fraud expert on behalf of insurers and policyholders in state and federal courts.
Expert Testimony
Zalma Insurance Consultants serves insurers, policyholders, underwriters, brokers, agents, adjusters, public insurance adjusters, lawyers and any person involved in an insurance dispute. Because he is an attorney licensed to practice law in the state of California M r. Zalma may be prohibited by California case law from acting as a consultant or expert witness and, therefore, refuses to serve in any situation where a past client of his law firm, Barry Zalma, Inc. is adverse to anyone seeking his services.
Y ou can obtain M r. Zalma’s C.V . at http://www.zalma.com and his e-book publications http://www.zalma.com/zalmabooks.htm and blogs daily at Zalma on Insurance, http://zalma.com/blog.
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KIM KOMANDO introduction or transfer of germs. Alcohol, however, can damage computer screens and touchscreen phones. Don’t apply it directly to any of your electronics and never use an alcohol-based cleaner or a disinfectant wipe containing alcohol on any of your screens.
WATCH YOUR DATA USE ON SPEEDY NEW IPAD 4G
F
ast ain’t cheap - as owners of the new iPad 4G are learning. You can use up your entire monthly data plan just watching an hour of high-
definition video. Because of the faster downloads possible on the 4G network, users are encouraged to download more - and ultimately spend more - especially those used to unlimited download plans typically associated with home computers. Example: AT&T offers a 250MB plan for $14.99, a 3GB for $30 and a 5GB for $50.
6) Of course, frequent hand-washing is the simplest - and most effective - way to stop the spread of illness both at work and in the home. Washing before meals – evern when you go out to lunch during the workday – and after going to the bathroom, shaking hands, handling a pen or working at another desk or work station, can go a long way in halting the spread of germs. 7) Finally, your mom was right. Keep your hands away from your eyes and mouth, and don’t touch handrails or door knobs without washing afterward. The biggest germ sources are still low tech.
Copyright 2012, WestStar Network. All rights reserved.
TalkRadio
Kim Komando hosts the nation’s largest talk radio show about consumer electronics, computers and the Internet. To get the podcast, watch the show or find the station nearest you, visit: http://www.komando. com/listen. To subscribe to Kim’s free email newsletters, sign-up at: http://www. komando.com/newsletters. Links: For non biological viruses, visit my Security Center for links to the best free security programs: http://www.komando.com/securitycenter www.underwritersinsider.com
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STRANGE ELECTRIC CONCEPT CAR SHOCKS GENEVA MOTOR SHOW
T
he Finnish automaker Valmet Automotive generating a lot of excitement at the recent Geneva Motor Show when the introduced the Dawn - an innovative, electric ground-hugging concept car. The organic appearing vehicle show cases the company’s engineering expertise with a powerful electric motor in the rear and an inductive charger at the front of the vehicle to pull power from a future electric
Dawn – simply because there aren’t any. The Dawn is a demonstrator that illustrates the EV components Valmet Automotive’s Engineering services are focusing on, and how we can integrate the components together. The Dawn is a full scale expression of what could be achieved by combining the current EV technology and a visionary design. And yes, it appears to be the most popular non-production vehicle we have ever had on our stand.”
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PROJECT CAP Project CAP products helps independent agencies, brokers and agents build their online brands and visibility in order to attract and interact with today’s digital consumers. Project CAP programs are open to member agencies of the IIABA, regardless of the carriers they represent. Later in 2012, Project CAP is launching a website with features and tools designed for consumers, including the ability to get automobile insurance quotes. Agencies that want to participate and receive qualified, exclusive prospects through the consumer website must sign up with Project CAP. Participation in the consumer website is included in the cost of membership for Big “I” members.
About Project CAP
grid embedded in the roadway. The Dawn also incorporates a quickcharge plug to fuel the onboard lithium-ion battery stack when necessary for off-grid travel. According to Aimo Åhlman, Vice President of Product Development at Valmet, “From the beginning, we have consistently communicated that this is not a car. Nor is this a concept for a car that could or would be manufactured at some later stage. Therefore we have never released any numbers or figures about the 38
“An eye-catching EV still makes for a WOW effect. At Valmet Automotive, we wonder why. EVs have been around for over a century. The technology enables engineering any kind of EVs, sports cars, family cars, SUVs, busses - you name it. We hope that the success and popularity of the Dawn will lead to a fresh, modern and popular concept of EVs - cars that are as versatile as their traditional combustion engined counterparts, but with a greener energy source.”
Created through an alliance of the Independent Insurance Agents and Brokers of America (IIABA or the Big “I”), Trusted Choice®, state associations and key insurance carriers, Project CAP is a powerful industry initiative with the vision and resources to help independent agents recapture and expand their market share in personal lines insurance. Project CAP is a trademark of Consumer Agent Portal, LLC, a Delaware limited liability company formed in 2011. For more information, please visit www.projectcap.info or www.
Click on the graphic for MORE INFO.
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CBS REPORTS - NEW QUESTIONS AS TO THE AUTHENTICITY OF OBAMA’S BIRTH CERTIFICATE
P
hoenix, AZ - Frankly, we thought the questions regarding President Obama’s place of birth had all been laid to rest when he recently released a copy of his Hawaiian birth certificate. The release even seemed to satisfy Donald Trump - the highest profile American to loudly, publicly and seriously question Barack Obama’s status as a natural born citizen - one of the key eligibilities needed to become president of the United States.
being created in a program such as Photoshop.
When a graphic images is created in Photoshop, it is often built in image layers - sometimes dozens of them as additional features or effects are added to an image. For example, a According to a lead investigator for layer may contain a signature, or in the well-known Sheriff Joe Arpaio in case of the Obama birth certificate, an Maricopa County, Arizona, the birth official stamp of authenticity. Those certificate released by the Obama layers are normally invisible in the final team is forgery - a manufactured image, but often seen for just a splititem evidently including “layers” second when opening a PDF file of which could only have come from an image created with layers. A layer may open just a slight bit slower than the rest of the image giving a momentary view of the image without the layer or layers. If an original document was scanned into a PDF or other graphical image format, the entire image would be contained on a single layer and www.underwritersinsider.com
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there would be no visible separation. Sheriff Arpaio’s investigative team did not reveal what techniques they used to forensically examine the purported birth certificate. When asked how comfortable he was in releasing the findings of his investigation, lead investigator Mike Zuillo said, “Very comfortable,” citing experts the investigators consulted during their 2,200 hours of work. “You can build the document. You can’t do that if you scan [a document]” Skeptics of the latest investigation claim the layers are a common result of OCR software (optical character recognition) that runs on some scanners - yet most scanners will only attempt OCR when selected - and will not combine OCR results into a scanned graphic - they are completely different operations.
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HERE
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KILLING “BERT” LADEN Over the next couple of months a plan was hatched. A mock-up of the compound was built at Tall Pines, an army facility in a national forest somewhere in the eastern US. Four reconnaissance satellites were placed in orbit over the compound, sending back video and communications intercepts. A tall figure seen walking up and down was named “the Pacer”. Mr Obama gave the go-ahead and Seal Team 6, known as the Jedi, was deployed to Afghanistan. The White House cancelled plans to provide air cover using jet fighters, fearing this might endanger relations with Pakistan. Sending in the Ghost Hawks without air cover was considered too risky so the Seals had to use older Stealth Hawks. A Prowler electronic warfare aircraft from the carrier USS Carl Vinson was used to jam Pakistan’s radar and create decoy targets. Operation Neptune’s Spear was initially planned for April 30 but bad weather delayed it until May 1, a moonless night. The commandos flew on two 40
Stealth Hawks, codenamed Razor Blinded by a searing white strobe light 1 and 2, followed by two Chinooks they shone at her, she stumbled back. five minutes A Seal grabbed her behind, known by the arm and “Bin Laden’s bedroom as “Command threw her to the was along a short hall. Bird” and the “gun floor. The door opened; he platform”. Bin Laden’s bedroom was along popped out and then On board, each a short hall. The door slammed the door shut. Seal was clad opened; he popped “Geronimo, Geronimo, in body armour out and then Geronimo,” radioed one and nightvision slammed the door Seal, meaning “eyes on goggles and shut. “Geronimo, equipped with G e r o n i m o , target”. laser targets, Geronimo,” radioed radios and sawnone Seal, meaning off M4 rifles. They were expecting “eyes on target”. up to 30 people in the main house, including Bin Laden and three of his At the same time lights came on from wives, two sons, Khalid and Hamza, his the floor below and bin Laden’s son courier, Abu Ahmed al- Kuwaiti, four Khalid came running up the stairs bodyguards and a number of children. towards the Seals. He was shot dead. At 56 minutes past midnight the Two Seals kicked in bin Laden’s door. compound came The room, they later recalled, “smelt into sight and like old clothing, like a guest bedroom the code “Palm in a grandmother’s house”. Inside was Beach” signalled the al-Qa’ida leader and his youngest three minutes to wife, Amal, who was screaming as he landing. pushed her in front of him. Razor 1 hovered above the main house, a threestorey building where bin Laden lived on the top floor. Twelve Seals abseiled the two metres down onto the roof and then jumped to a thirdfloor patio, where they kicked in the windows and entered. The first person the Seals encountered was a terrified woman, bin Laden’s third wife, Khaira, who ran into the hall.
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“No, no, don’t do this!” she shouted as her husband reached across the kingsize bed for his AK-47 assault rifle. The Seals reacted instantly, firing in the same second. One round thudded into the mattress. The other, aimed at bin Laden’s head, grazed Amal in the calf. As his hand reached for the gun, they each fired again: one shot hit his breastbone, the other his skull, killing him instantly and blowing out the back of his head. Meanwhile Razor 2 was heading for the guesthouse, a low, shoebox-like building, where bin Laden’s courier, Kuwaiti, and his brother lived.
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As the helicopter neared, a door opened and two figures appeared, one waving an AK-47. This was Kuwaiti. In the moonless night he could see nothing and lifted his rifle, spraying bullets wildly.
“This was the first time the White House knew he was dead and it was probably 20 minutes into the raid,” said Pfarrer.
headed toward the USS Carl Vinson. As they flew off they blew up Razor 2. The whole operation had taken 38 minutes.
A sample of bin Laden’s DNA was taken and the body was bagged. They kept his rifle. It is now mounted on the wall of their team room at their headquarters in Virginia Beach, Virginia, alongside photographs of a dozen colleagues killed in action in the past 20 years.
The following morning White House officials announced that the helicopter had crashed as it arrived, forcing the Seals to abandon plans to enter from the roof. A photograph of the situation room showed a shocked Hillary Clinton, the secretary of state, with her hand to her mouth.
“Five minutes into He did not see the the operation the Stealth Hawk. On board someone command Chinook shouted, “Bust him!”, landed outside the and a sniper fired compound, disgorging two shots. Kuwaiti the commanding was killed, as was officer and more men. the person behind him, who turned out They blasted through to be his wife. Also the compound wall on board were a CIA and rushed in.” agent, a PakistaniAmerican who would act as interpreter, and a sniffer dog called Karo, wearing dog body armour At this point things started to go and goggles. wrong. Razor 1 took off but the top secret “green unit” that controls the Within two minutes the Seals from electronics failed. The aircraft went Razor 2 had cleared the guesthouse into a spin and crashed tail-first into and removed the women and children. the compound.
Why did they get it so wrong? What they were watching was live video but it was shot from 20,000ft by a drone circling overhead and relayed in real time to the White House and Leon Panetta, the CIA director, in Langley. The Seals were not wearing helmet cameras, and those watching in Washington had no idea what was happening inside the buildings. “They
They then ran to the main house and entered from the ground floor, checking the rooms. One of bin Laden’s bodyguards was waiting with his AK-47. The Seals shot him twice and he toppled over. Five minutes into the operation the command Chinook landed outside the compound, disgorging the commanding officer and more men. They blasted through the compound wall and rushed in. The commander made his way to the third floor, where bin Laden’s body lay on the floor face up. Photographs were taken, and the commander called on his satellite phone to headquarters with the words: “Geronimo Echo KIA” – bin Laden enemy killed in action. www.underwritersinsider.com
The Seals were alarmed, thinking it had been shot down, and several rushed to the wreckage. The crew climbed out, shaken but unharmed. The commanding officer ordered them to destroy Razor 2, to remove the green unit, and to smash the avionics. They then laid explosive charges.
don’t
“They loaded bin
Laden’s body onto the Chinook along with the cache of intelligence in plastic bin bags and headed toward the USS Carl Vinson. As they flew off they blew up Razor 2. The whole operation had taken 38 minutes.”
They loaded bin Laden’s body onto the Chinook along with the cache of intelligence in plastic bin bags and
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understand our terminology, so when someone said the ‘insertion helicopter’ has crashed, they assumed it meant on entry,” said Pfarrer.
What infuriated the Seals, according to Pfarrer, was the description of the raid as a kill mission. “I’ve been a Seal for 30 years and I never heard the words ‘kill mission’,” he said. “It’s a Beltway (Washington insider’s) fantasy word. If it was a kill mission you don’t need Seal Team 6; you need a box of hand grenades.” 41