IN THIS ISSUE MAY 2016 Vol 12 Issue 5
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Feds Bust $100 Million North Carolina Crop Insurance Fraud Ring
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Philip Visali, President and CEO of We Insure Group, Inc. (WE), announced that he has purchased all the shares of We Insure Group -a leading insurance franchise
Back in 2005, someone down at the Federally backed crop Insurance program suspected that something was amiss in the claims data.
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New Jersey Alerts Brokers: Falsifying Insurance Certificates is Fraud New Jersey alerted insurance agents, contractors and other interested parties in the State that falsifying certificates of insurance is now considered insurance fraud under the provisions of a new State law.
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One Free Step To Make An Aging Computer Run Like New You know the frustration of a computer that keeps getting slower and slower every year. There are ways you can keep the speed up on an old computer - but eventually, the hardware is ... .
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Eugenics & Global Warming: Both Settled Science. Both Wrong Congressman John Linder (Ret) exposes the fraud of Climate Change
California Insurance Commissioner Swings FarLeft On Climate Change Sacramento, CA - In a state long known for its Progressive politics, (Governor Jerry Brown is often referred to as “Gov. Moon Beam) it should come as no great surprise...
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Travelers Identifies Most Common & Costliest Homeowners Claims
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19 Charged With Embezzling More Than $275K From Insurer Elizabeth Louise Brown, 48, of Canyon Country, a former claims adjuster for Explorer Insurance was arrested yesterday and charged with multiple felonies
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United Healthcare To Pull Out of Most ObamaCare Plans One of the original advocates of the Patient Protection & Affordable Health Care act has discovered what so many, seemed to know before it was even voted into law: It’s unaffordable!
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Founder of Weather Channel John Coleman Rips Into The Politics of “Climate Change.” Many who agree the climate is warming give no thought to what policies may follow - and those policies, if enacted, may be more damaging for the U.S.A. than any actual rise in temperature.
California Agent Arrested For Embezzlement Jose Luis Yanez, Jr., 36, of Bakersfield, surrendered to authorities and was arraigned in Kern County Superior Court charged with one felony count of grand theft and one felony count of embezzlement.
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The Travelers Companies, Inc. (NYSE: TRV) today released information identifying the most common and costliest homeowners claims.
Lawyers’ Lie To Court Defeats Award Appraisers in a first party property dispute are supposed to be impartial. When they misrepresent the impartiality of an appraisel, it can hurt the client...
We Insure Group Set To Expand
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Unbelievable Vintage Ads In This Popular Series See this month’s vintage ad it’s hilarious!
NEW! DOWNLOAD & VIEW PDF: HERE!
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Marketing Mystery: Why Is His Agency Doing So Well? - The Advisor
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Trump & Sanders Go Toe To Toe In Hilarioius Satire By Steven Crowder
I’m writing out of frustration. I have a long-time golfing buddy who owns a personal lines agency only a couple of miles from my personal lines agency...
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AllRisks, Ltd. Adds Three To South Central Region All Risks’ ongoing aggressive growth strategy for this region involves the inclusion of Ashton Clancy and Kevin Trammell in Dallas, TX, as well as Joe Taylor in Houston, TX.
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Advertising
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Kim Komando
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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
MedMal Direct Expands Operations To Two New States MedMal Direct Insurance Company (“MedMal Direct”) it is launching operations as a medical professional liability insurance carrier in both Oklahoma and Pennsylvania.
When a Liberal Tells The Truth... In a rare moment of honesty, candor and courage, exPresident Bill Clinton made the huge mistake (for a liberal) of telling the truth about Black Lives Matter - and was lambasted by the press and fellow liberals...
Florida Business Owner Arrested for $1.8 Million In Workers’ Comp Fraud Florida Chief Financial Officer Jeff Atwater announced the arrest of Maira Chirinos, owner of Pompano Beach construction company Tocoa Builders, Inc.
Obama Humiliates America With Cuban Apology Tour I know these issues are sensitive, especially coming from an American President. Before 1959, some Americans saw Cuba as something to exploit, ignored poverty, enabled corruption.”
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Florida Dept. of Financial Regulation Receives Multiple Awards The Florida Dept. of Financial Services received multiple awards during the Florida Public Relations Association Capital Chapter’s Ceremony.
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NEWS
FEDS BUST $100 MILLION NORTH CAROLINA CROP INSURANCE FRAUD SCHEME Fraud Ring Alleged To Involve Dozens of Agents, Adjusters, Brokers & Farmers
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aleigh, N.C. Back in 2005, someone down at the Federally backed crop Insurance program suspected that something was amiss in the claims data. Using some sophisticated software, they analysed reams of data, looking for anomalies that might indicate fraud. One agent’s name kept coming up: Robert Carl Stokes, a Wison, N. Carolina crop insurance agent whose clients seemed to consistently suffer crop losses year after year.
Thomas Sasser received 4 years in prison and was orderd to pay $21 million in restitution for his part in the ongoing schemes.
According to authorities, Sasser obscuring the proceeds to the took payoffs from claimants from famer/claimant. $400 to $2,000 to falsify claims Crop insurance while working with Stokes was Stokes and another fraud is the convicted convicted agent, in 2011 to same as Mark Davis Pridgen. two counts mortgage fraud and of conspiring to health care fraud. It’s According to make false Thomas Walker, a all about greed and statements U.S. attorney for stealing from the and a money the Eastern District laundering taxpayer.” of N. Carolina, charge resulting in ““Crop insurance 30 months in a federal penitentary. fraud is the same as mortgage He must also re pay $16.5 million in fraud and health care fraud. It’s all court-ordered restitution. about greed and stealing from the taxpayer. We aggressively pursue Five years later, similar frauds these criminals just like we pursue continue seemingly unabated. drug dealers and other crooks.” Just last month, adjuster Jimmy
An investigation revealed an organized scheme to defraud the crop insurance program where Stokes encourged his farmer clients to purchase large policies and claim large losses - even when they had a healthy bumber crop. Certain corrupt ajusters also participated in the scheme. Agent Stokes then arranged to have their crop sold via a straw man in an ancillary scheme, keeping a percentage for himself and 4
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2016 LAAIA CONVENTION S. FLORIDA’S LARGEST INSURANCE TRADE FAIR STAY TUNED TO THIS PAGE FOR MORE INFORMATION! (OR CLICK HERE!) 6
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MAY 2016
NEWS
NJ ALERTS BROKERS: FALSIFYING INSURANCE CERTIFICATES IS FRAUD
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RENTON - The Christie Administration today alerted insurance agents, contractors and other interested parties in the State that falsifying certificates of insurance is now considered insurance fraud under the provisions of a new State law.
false or misleading information in these documents,” said Department of Banking and Insurance Acting Commissioner Richard J. Badolato.
“Previously, unscrupulous actors were able to use fraudulent insurance certificates to falsely maintain they had liability The Certificates of Insurance coverage, and if a disaster or Act, P.L. 2015, c.195, signed into accident occurred, there was no law by Governor Chris Christie insurance coverage. This law will on January 11, makes providing be one more tool to prevent that or demanding the issuance of and provide more protection to a certificate of insurance that consumers.” contains any false or misleading information concerning property The certificate is generally issued or casualty insurance coverage to the insured or a third party a violation of the New Jersey who wants some assurances Insurance Fraud Prevention Act that a policy covering certain (“Fraud Act”), N.J.S.A. 17:33- property or casualty coverages 4a(6). Violations of the Fraud has been issued. Act are punishable by civil and administrative penalties of up to The law specifies that a person $5,000 for a first violation, up to who prepares, presents or causes $10,000 for a second violation, to be presented to any insurer and up to $15,000 for a third or other person, or demands violation. The new law goes into or requires the issuance of, a effect on April 10. certificate of insurance that contains any false or misleading “We are informing agents, information concerning the brokers, insurance companies, policy of insurance to which the contractors and any other parties certificate makes reference, or who issue or use certificates assists, abets, solicits or conspires of insurance that it is now a with another to do any of these violation of State civil insurance acts, has committed a violation fraud laws to request or provide of the Fraud Act. www.underwritersinsider.com
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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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MAY 2016
TECHNOLOGY
ONE FREE STEP TO MAKE AN AGING COMPUTER RUN LIKE NEW
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Really Cool Info - by Kim Komando
ou know the frustration of a computer that keeps getting slower and slower every year. There are ways you can keep the speed up on an old computer - but eventually, the hardware is going to get too outdated to run the latest software you need.
Many people like using Linux for this purpose. Linux is a free, secure operating system that comes in a lot of versions, from full Windows replacements to tiny versions
In the past, that’s the point where you’d just go buy a new computer; I’ve talked before about how to know you’ve reached that point. However, it’s now become easier to give your old computer a second lease on life, or it into a usable computer for a friend or relative. All you need is one simple thing. I’m talking about the operating system. And, I don’t just mean that you should upgrade to Windows 10. While Windows 10 does run a lot better than past versions of Windows on low-powered hardware, it doesn’t play nicely with your old hardware. To avoid this problem, you’ll need to update to an operating system that isn’t Windows. www.underwritersinsider.com
While these are powerful Windows replacements, there is a simpler option. Over the last few years, you’ve probably heard about Chromebooks. These are sub-$250 laptops that run Google’s Chrome OS, which is an operating system version of Google’s popular Chrome browser. An operating system like this has a number of advantages, such as running very well on low-powered hardware. It has the same strong security as Chrome, and gets regular updates with performance and security fixes.
In addition, Chrome OS works a lot like Windows with a start button, taskbar and apps, so you can pick it up quickly. Most of the time, it’s as easy to use as a standard that can run a $35 Raspberry Web browser. Plus, it can do Pi computer. Linux Mint many of the same things other running the MATE desktop operating systems can do, like and elementary OS are two video chat, play music, print consumer-friendly options documents and play games. you can check out that work well on older hardware. See Kim Komando Pg 45 Table of Contents
MAY 2016
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INSURANCE & THE LAW
LAWYERS’ LIE TO COURT ABOUT IMPARTIALITY OF APPRAISER DEFEATS AWARD Expert Analysis & Commentary by Barry Zalma, Esq., CFE Counsel’s Conduct Impugned the Integrity of The Appraisal Process and the Court
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ppraisers in a first party property dispute are supposed to be impartial. Although appointed by a party the appraiser, acting as an arbitrator, must do what is fair not what the party appointing him or her want the award to be. In Auto-Owners Insurance Company v. Summit Park Townhome Association, United States District Court, Colorado, 14-cv-03417-LTB, 2016 WL 1321507 (04/05/2016) the USDC, Colorado, was faced with new information that the insured’s appointed appraiser was not unbiased or disinterested.
This insurance coverage dispute by Auto-Owners Insurance Company’s (“AutoOwners”) raised an objection to George Keys acting as appraiser based on recently
The parties had difficulty starting the appraisal so the court imposed several guidelines to govern the process and appointed an umpire, Robert J. Norton. One of the guidelines the court imposed stated: “An Join Barry Zalma’s new Blog: individual who has a known, http://www.zalma.com/blog direct, and material interest in the outcome of the appraisal proceeding or a known, discovered, undisclosed existing, and substantial relationships with defendant relationship with a party may and its representatives. not serve as an appraiser.” The court also required the FACTS appraisers to disclose all of their relationships that might Auto-Owners sought indicate a bias. To put some declaratory relief to determine teeth in his order the court the extent of coverage under warned that he would sanction a property insurance policy any party who failed to comply. it issued to Summit Park for damage to buildings on The Parties’ Disclosures Summit Park’s premises from a 2013 hailstorm. On June 15, 2015, counsel for
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. 10
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Summit Park, William Harris that Auto-Owners is making Second, Auto-Owners of the Merlin Law Group this payment under a full and highlights other joint activities (“Merlin”), disclosed in a letter complete reservation of all undertaken by Keys and Merlin to counsel for Auto-Owners of its rights under the policy attorneys. For example, Keys that Keys “does not have any and applicable law. Auto- and Merlin founder Chip significant prior business Owners’ counsel further stated Merlin founded the Florida relationship with Association of Public the Merlin Law Insurance Adjusters Lawyers are under an ethical Group.” Mr. Harris (“FAPIA”), whose duty to make honest and fair added that Keys stated “number one “has acted as a goal is to protect representations to the court. public adjuster and/ policyholders and or appraiser on behalf the public adjusting When this court issued an order of policyholders that profession.” requiring counsel and appraisers the Merlin Law Group has represented in the Third, Auto-Owners’ appointed by counsel, to disclose past, however, this reply brief lists 33 any potential lack of impartiality. obviously does not cases in which Keys affect his ability to act The lawyers in this case drafted the served as either an as an appraiser in this appraiser or expert appraiser’s statement of impartiality matter.” witness for the same client Merlin that they knew was false.” Keys disclosed in an represented. Mr. email to Auto-Owners’ Pettinato provided counsel as follows: “I do not that “Auto-Owners does not a testimonial for Keys’ have any substantial business waive…[its] objection to Keys marketing brochure stating relationship or financial as an appraiser and any other that “Both Keys and his staff interest in Merlin Law Group. issues currently pending, have assisted me as well as or that may be asserted, in my firm in resolving an untold There have been cases where [this] action, including any number of large multi-million both Merlin Law Group and grounds for recoupment of dollar losses to an amicable Keys Claims Consultants [Keys’ any amounts that have been resolution and settlement to business] acted for the same paid to [Summit Park].” Auto- the policyholders’ benefit and insured but under separate Owners moved to amend its satisfaction.” contracts.” complaint to assert, inter alia, a claim for recoupment of the Fourth, Auto-Owners cites facts The Appraisal Award appraisal award. that it believes demonstrates that Keys is “completely The appraisal panel issued its The Objection devoted to policyholders.” award. The award is signed by the umpire, Mr. Norton, and First, Auto-Owners identified Fifth, Auto-Owners notes that Defendant’s appraiser, George matters in which Summit Summit Park initially retained Keys, but not by Auto-Owners’ Park’s counsel, Merlin, or Keys under a contract that fixed appraiser. Auto Owners paid attorneys presently affiliated the actual cash value part of with Merlin, represented Keys See ZALMA Pg 43 the award and made clear or his company. www.underwritersinsider.com
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MAY 2016
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OPINION
EUGENICS AND GLOBAL WARMING. BOTH SETTLED SCIENCE. BOTH WRONG. BY GUEST CONTRIBUTOR CONGRESSMAN JOHN LINDER
human waste.” the “feeble minded.” The solution was for government to control H.G. Wells spoke against “illreproduction in order to improve trained swarms of inferior n his book, “The Vision of the the gene pool. citizens.” Teddy Roosevelt said, Anointed,” Thomas Sowell “Society has no business to writes that for so long as The most respected scientists permit degenerates to reproduce people have been free there has from the Ivy League and other their kind.” George Bernard Shaw been an elite class of intellectuals bastions of intellectual rigor said that only eugenics could – you know them – who have felt retreated to Cold Spring Harbor save mankind. anointed to order the lives of the rest of us. John Linder served in U.S. Congress for 18 years from the 11th District of Their desire to decide on our Georgia and took a leadership role in behalf is less a generous offer the Fair Tax Act, retiring in 2011. He of assistance than a belief that and his wife, Lynne, now live on a farm we are just not up to the task of in Northeast Mississippi. deciding for ourselves. And their opinion of us as a people is less than generous also. In due course the intellectual on Long Island. Their support center of gravity of the eugenics Rousseau likened the masses came from the Ford Foundation, movement migrated from Cold of the people to “a stupid the Rockefeller Foundation and Spring Harbor to the German pusillanimous invalid.” William the Harriman fortune working Reich and Hitler carried eugenics Godwin said the peasant had “the with the U.S. Departments of to its logical conclusion. contemptible insensitivity of an Agriculture, State and other oyster.” agencies. An embarrassed intellectual This column was first published in The Blaze
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At the end of the 19th century The theory won approval of and the beginning of the 20th the presidents, Supreme Court intellectual consensus was that justices and Nobel Prize eugenics was “settled science.” winners. The founder of Planned Parenthood, Margaret Sanger, It was believed that “the best” was one of the most vocal human beings were not having adherents. She established the as many children as inferior ones. first “birth control” clinic in 1916. Those considered inferior were foreigners, immigrants, Jews, Sanger spoke of the burden of Blacks, degenerates, the unfit and caring for “this dead weight of 12
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class soon pretended that they had never heard of eugenics and over time it disappeared from the college curriculum. The “settled science” around which the elites have rallied today is global warming. The solution to global warming, of course, is similar to their
MAY 2016
solution for most of the problems is meant to show “leadership” they see. First, we must raise rather than slow global warming. taxes. Second, we must give the government more power. That, however, will not slow scientists for whom real money is As was the case with eugenics, at stake. Twenty global warming global warmists s c i e n t i s t s attract huge written There has have sums of money to President been no from governments Barack Obama for research that asking him to warming in the reinforces the prosecute, under past 18 years and preordained the Racketeering 10 months. Sea position. Influenced C o r r u p t level increases Fortunately, as Organizations have slowed was the case with Act, those who to an almost eugenics, not all “have knowingly scientists fall for imperceptible rise. deceived the the most recent American people And, importantly, politically popular about the risks of global sea surface position and frank climate change.” scientific discovery temperatures are is raising serious In an appearance falling sharply questions about the before the scientific fad that is suggesting a global Senate Judiciary global warming. cooling rather than C o m m i t t e e Attorney General warming.” There has been no Loretta Lynch was warming in the past asked whether 18 years and 10 months. the Department of Justice had considered legal action against Sea level increases have slowed “climate deniers.” to an almost imperceptible rise. And, importantly, global sea surface temperatures are falling sharply suggesting a global cooling rather than warming.
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“This matter has been discussed.” Lynch said. “We have received information about it and have referred it to the FBI Al Gore met with a group of Democrat State Attorneys General and discussed using legal action to penalize dissenters. “Financial damages alone may be insufficient,” New York Attorney General Eric Schneiderman said during the event. “The First Amendment does not give you the right to commit fraud.” It is poetic justice that Obama’s Science Czar, John Holdren, has a record in both the eugenics and global warming camps. In 1977 Holdren co-authored a book supporting forced sterilization to save the planet. Today he is warning us that farmers and construction workers will die from global warming. It does appear that the tent that houses the circus that is the most recent scientific fad is coming down.
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Environmental Protection Agency Administrator Gina McCarthy has tempered her position. She told Congress that the brutal regulatory regime that has destroyed the coal industry www.underwritersinsider.com
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MAY 2016
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NEWS
WE INSURE GROUP SET TO EXPAND
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Philip Visali, President, Purchases 100% Stock of Insurance Agency Franchise Company - Plans Expansion
hilip Visali, President and CEO of We Insure Group, Inc. (WE), announced that he has purchased all the shares of We Insure Group -- a leading insurance franchise -- which he founded in 2009. Besides consolidating ownership, the $3.9 million cash purchase will allow the company to pay off debt and position for growth. “Today begins a new chapter for WE,” said Visali. “We are changing the way insurance agents do business by providing unparalleled back-office support and new business production.
This is the future model for WE also announced these insurance agents and WE is leadership changes: leading the way.” • Nick Dakuginow was named Vice President of Service The company has put in place a new executive team to support • Chris Salameh becomes Vice President of Franchise its 80+ franchisees in Florida and Operations Georgia and its 300+ employees, agents and producers in the • Salena Simpson is the new Vice President of Operations. field. Visali said the company intends to expand its footprint in Florida and Georgia by offering “the best insurance franchise model in the country.” Currently, WE is Florida’s second largest distribution channel.
“I want to thank all of our remaining associates and carrier partners for their unwavering support during this transition, Visali said. “This is an exciting time for our company and partners.”
CALIFORNIA INSURANCE COMMISSIONER SWINGS FAR-LEFT ON CLIMATE CHANGE
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to assess the risks to insurers caused by climate change, and has two significant parts, one calls on insurance companies to divest from thermal coal and the second requires Ins.Comm. Dave Jones insurance companies to disclose their investments in the carbon economy. The In January, Insurance goal is to make sure insurance doing business Commissioner Dave Jones companies in California are adequately launched his Climate Risk Management Carbon initiative addressing the impacts of climate acramento, CA - In a state long known for its Progressive politics, (Governor Jerry Brown is often referred to as “Gov. Moon Beam) it should come as no great surprise that they should take the lead in crazy Climate Change policies.
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change on their risk profiles.
Jones is calling on insurers to help “mitigate” the effects of climate change now to ensure the availability and affordability of insurance in California, when, in fact, the only thing an insurer can really “mitigate” when it comes to climate change is their shareholder’s stock valuation. Recent studies have shown if every participant, every country See Climate Nonsense Page 21 MAY 2016
DISCOVER THE POWER OF WE a better way to sell insurance.
At WE Insure, our primary role is to develop and manage insurance agencies’ growth and sustained excellence, building strong relationships with its policyholders and insurance companies.
Chief Executive Officer
weinsuregroup.com/franchise Table of Contents 855.483.3901
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MAY 2016
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NEWS
TRAVELERS IDENTIFIES MOST COMMON AND COSTLIEST HOMEOWNERS CLAIMS Cause Exterior Wind Damage
25%
Non-Weather Related Damage
19%
Hail Damage
15%
Weather Related Water Damage
11%
Theft Claims
Information Can Help Homeowners Protect Property and Personal Belongings
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ARTFORD, Conn.-(BUSINESS WIRE)-- The Travelers Companies, Inc. (NYSE: TRV) today released information identifying the most common and costliest homeowners claims. Based on a review of its U.S. homeowners insurance claims made from 2009 – 2015, Travelers found weather incidents were the most common cause of damages, resulting in more than half of all claims. Wind, pipes freezing and bursting, roof and flashing leaks and ice dams were among the major issues leading to damage during weather events. The five most common causes of home claims were:
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6%
• Exterior wind damage – 25 percent of all losses. • Non-weather-related water damage (e.g., plumbing or appliance issues) – 19 percent. • Hail – 15 percent. • Weather-related water damage (e.g., rain, melting ice, snow) – 11 percent. • Theft – 6 percent. “Any number of things can go wrong with a home, and it’s impossible to predict them all,” said Pat Gee, Senior Vice President, Personal Insurance Claim, Travelers. “But if consumers focus on these particularly common risks and take preventive steps and perform routine maintenance, it may help lessen the likelihood of damage.” Costliest Claim Causes While weather-related claims were most common, fire caused Table of Contents
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NEWS the most expensive claims, accounting for nearly one quarter of the total claim costs. Fires were often caused by appliance and machinery misuse or failure, electrical problems, including wiring or outlet issues, and cooking. Hail, wind, and plumbing or appliance leaks followed fire as the most expensive claims. Water Damage There are typically two main causes of water damage — weather events, such as rain or snow melt, and other issues, such as pipes bursting or leaking. By comparison, more water damage was caused by events such as a pipe bursting, or plumbing or appliance issues, than from the weather. Regional Differences The leading cause of claims differed depending on where customers lived: In the Northeast, wind was the most common cause of claims. The weight of ice and snow on the roofs of homes was also a common claim throughout the region. Fire was the costliest source of claims for homeowners in this area. In the South, wind was the most common cause of home claims and hail was the most expensive. In the Midwest and West, hail was both the most common reason for a homeowners insurance claim www.underwritersinsider.com
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and caused the costliest damage. Midwestern homeowners also saw repeated problems caused by sewer or sump pump backups. What Can Be Done To help consumers keep their property and families safe, Travelers provides home maintenance steps, seasonal safety tips, suggestions about preparing for severe weather events and more on its Prepare and Prevent website. In addition, homeowners should review their policies annually to help ensure they have the coverage they may need should something go wrong. When damage occurs, insurance coverage depends on the specific circumstances of the situation, as well as the terms of the homeowners’ insurance policy. Travelers suggests that individuals speak with an independent insurance agent to help understand their policy and coverages.
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HERE MAY 2016
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FRAUD
19 CHARGED WITH EMBEZZLING MORE THAN $275,000 FROM INSURER Additional Arrests Expected As Investigation Continues Brown's alleged crimes are unconscionable," said Insurance Commissioner Dave Jones. "Every one of us pays for fraud through higher premiums when insurers pass their losses along to consumers. Our work with the district attorney and Explorer Insurance helped solve this crime."
Explorer Insurance, was arrested yesterday and charged with multiple felonies, including insurance fraud and conspiracy for allegedly embezzling more than $276,000 from her employer. Another eight were also arrested and charged with fraud. Additional arrests are expected as the investigation continues. According to Department of Insurance detectives, between January 2013 and September 2015, while employed by Explorer Insurance as a claims adjuster, Brown allegedly embezzled from the company by adding friends and family members to claims, which resulted in the insurer issuing fraudulent payments to Brown's co-conspirators.
Claims adjuster allegedly crafted elaborate scheme using family and friends.
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OS ANGELES, Calif. — Elizabeth L. Brown, 48 Elizabeth Louise Brown, 48, of Canyon Country, "Brown's alleged crimes are a former claims adjuster with unconscionable," said Insurance 18
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Commissioner Dave Jones. "Every one of us pays for fraud through higher premiums when insurers pass their losses along to consumers. Our work with the district attorney and Explorer Insurance helped solve this crime."
Davey Jones, CA Ins. Commissioner
Evidence of Brown's alleged crimes were discovered by Explorer Insurance when they identified fraudulent checks issued in 87 claims assigned to her. Explorer terminated Brown's employment and, as required by law, reported the suspected crimes to the department, which launched a criminal investigation. The investigation into how Brown profited from the scheme is ongoing. This case is being prosecuted by the Los Angeles County District Attorney's Office Auto Insurance Fraud Division. MAY 2016
CALIFORNIA AGENT ARRESTED FOR EMBEZZLEMENT Agent’s theft left homeowners vulnerable to great financial loss
Department of Insurance investigators responded to an allegation from an insurer that terminated Yanez's employment when they uncovered evidence AKERSFIELD, Calif. — that he accepted cash payments Jose Luis Yanez, Jr., 36, of for premiums from consumers, Bakersfield, surrendered did not place the coverage they to authorities and was arraigned purchased, and pocketed their in Kern County Superior Court premiums for his personal use. on March 29. Yanez is charged with one felony count of grand "Yanez's alleged theft left theft and one felony count of homeowners without coverage embezzlement for allegedly and at great financial risk to loss," stealing consumers' premiums said Insurance Commissioner and not placing the coverage Dave Jones. "I have zero they purchased. tolerance for agents who violate
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their fiduciary responsibility and take advantage of consumers." The Department of Insurance is concerned there may be more victims in this case and is urging consumers who purchased insurance from Yanez to contact their insurer and verify their coverage. In addition to the premium theft, Yanez also allegedly falsified documents to over report the number of policies he sold, which resulted in him collecting commissions he had not earned. MAY 2016
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by, as Jones recommends, doing two things, directing that “insurance companies divest from thermal coal and the second at the recent Paris Climate requires insurance companies to Conference kept every single disclose their investments in the promise, every single climate carbon economy. The goal is to pledge, it MIGHT effect global make sure insurance companies temperatures by 1/3 of a degree doing business in California Fahrenheit by the end of the are adequately addressing the century. impacts of climate change on their risk profiles.” If 1/3 of a degree BY THE END OF THE CENTURY describes the By any assessment, the California global effect of the entire planet initiative, requiring insurers to jumping with both feet into the take steps that may clearly be climate change hysteria, how contrary to the best interests of much of a “mitigating” effect will their stockholders while doing a single insurance company have NOTHING for the planet is not on alleged “global warming” reason nor logic based.
CLIMATE NONSENSE
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NEWS-OPINION
UNITED HEALTHCARE, ONE OF THE NATIONS LARGEST HEALTH INSURANCE COMPANIES, TO PULL OUT OF “MOST” OBAMACARE PLANS The Carrier Was Once One The Biggest Supporters Of The Unraveling “Affordable” Health Care Plan by Ron Manera, Senior Editor
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ne of the original advocates of the Patient Protection & Affordable Health Care act has discovered what so many, seemed to know before it was even voted into law: It’s really “unaffordable.” The program is unaffordable to the insurance industry to the insurance buying public and to the taxpayer. Yes, it’s been an interesting trip down the socialist rabbit hole, but like so many big government, taxpayer-funded, wealthtransference-programs, it can be called little but a dismal failure. Less than 13 million people have been insured through the Marketplace so far. Our entire health care system, our payroll system and our tax system has been turned inside out to provide subsidized coverage for 4% of the population - at the taxpayer cost of almost $2 trillion. When the law was being debated, those in the insurance industry shook their heads and naturally www.underwritersinsider.com
asked how an insurance carrier could be in favor of a mandated health plan that covered preexisting conditions and would clearly present a problem of adverse risk selection. “Isn’t that like asking a homeowner insurance company to insure a home with the garage already on fire?” we asked. But in favor of it they were - and Michael J. Tuffin, a former VP of America’s Health Insurance Plans - a big lobby for the HC industry explained: “These companies all look at government programs as growth markets. There will be nearly $2 trillion of subsidized coverage through insurance exchanges and Medicaid over the next 10 years. These are pragmatic companies. They will follow the customer.” And the money. When United Health care announced in April they would be departing “most” of the Obamacare Marketplace plans, it was really no surprise. The company hinted in November that the Marketplace programs had Table of Contents
become massively unprofitable. April’s announcement hinted at losses approaching $1 billion. And that was only the hemorrhaging of United Heath Care, while Aetna, Anthem, BC/BS & Cigna have all announced huge premium increases against huge losses. Many have already pulled out of counties where their losses were particular painful. The shareholders of these forprofit insurers have little concern for President Obama’s legacy as it pertains to the health care law. As they see far fewer enrollees in the exchanges - few of them young or healthy - the projected losses continue to look dismal. The shareholders want out. Now. Lest we forget, Obama never wanted the current system anyway. What he dreamed about is a single-payer system, an entitlement program as big or bigger then Medicare that can only be funded by massive tax increases. And it can only happen, politically, when private insurers yell, “No Mas!” It’s happening now.
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THE INSIDE TRACK - BREAKING NEWS Drones A Coming
actively seeking data points not incest, it is GSA. (Genetic on which to base drone Sexual Attraction) We are like two peas in a pod and ccording to the FAA, underwriting. meant to be together. It’s a the number of drones once in a lifetime chance and operating in US airspace Mommy Dearest? something Ben and I are not will increase from 600,000 willing to walk away from.” today to more than 2.7 31-year old man who Earlier she had described the million by 2020. Regulators was given up for are responding like they adoption at birth has finally sex as “incredible and mindalways do by drafting met his birth mother and has blowing.” The public reaction volumes of regulations to now left his wife to pursue a has been mostly negative. define and control drone romantic relationship with Pricey Car Insurance operations. Doug Marshall, his 52-year old mother, Kim a Chicago-based aviation West. Ben Ford discovered In Newnan, GA consultant expressed the his mother in 2013 and difficulty of determining they began exchanging he Newnan Timespure risk of operation, “This calls and messages which Herald reported in April technology is the most eventually resulted in a Newnan auto insurance is disruptive and innovative meeting and a romantic, among the most expensive that the commercial sexual relationship. West in GA, with an average price aviation industry has seen told one reporter, “This is of $1,348 annually. since the jet engine, and there are no existing standards on the components of the technology.” Proposals include dividing drone operations into four categories based on type of operation, size of the drone & possibility & severity of injury shoud the drone collide with a person. The insurance industry is
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THE INSIDE TRACK - BREAKING NEWS Broke California To Expand Medi-Cal To Illegal Immigrants
in prohibited business, and today the bill re-establishing these sanctions was signed into law.
were arrested on March 30 in Harnett County, and each was placed under a $1,000 bond.
NC Pair Accused Of Insurance Fraud
GA’s Hudgens Recovers $7 Million For Consumers
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s of May 1st, an estimated 170,000 children in California under the age of 19 will be eligible for access to Medi-Cal coverage thereby providing additional incentives for individuals and families from Mexico and Central America to illegally cross into the country. The coverage will include dental care - a coverage not provided to legal US citizens on Medicare.
Atwater Applauds Scott For Iran Sanctions
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lorida Chief Financial Officer Jeff Atwater today applauded Governor Rick Scott for signing legislation that reaffirms Florida’s commitment to not invest taxpayer dollars in state sponsors of terror in Iran. Sanctions championed then Senator Atwater and approved by the Florida Legislature years ago prohibited the state from funding companies engaged www.underwritersinsider.com
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nsurance Commissioner nsurance Commissioner Wayne Goodwin today Ralph Hudgens announced the arrests announced today that in Montrey Devon Bivins, 23, 2015 his office mediated of 3531 9th Infantry St., thousands of claims Fort Bragg, and Jaquana disputes between Georgians Hick, 21, of 646 Nutgrass and insurance companies, Road, Bunnlevel; both were resulting in more than $7 charged with one count million in claim settlements each of felony favorable to the FREE co n s p i ra c y, consumer. Last CLASSIFIEDS! attempting year Insurance to obtain HELP WANTED — POSITION D e p a r t m e n t WANTED 4 — SALE ITEMS property by staff helped false pretense 1 1 , 2 4 0 CLICK HERE! and insurance consumers f r a u d . and businesses Department of Insurance retrieve approximately criminal investigators $7,034,418.06 from insurance accuse Bivins and Hicks companies in settlement of filing fraudulent claims payments. Auto liability was with GEICO Indemnity the coverage that produced Company on Jan. 23, 2016, the most complaint activity for vehicle damage and followed by those related to bodily harm. Investigators individual and group health allege the damages were insurance, life insurance and previously claimed with AAA homeowner coverages. Insurance Company on Dec. 28, 2015. Bivins and Hicks Table of Contents
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MAY 2016
NEWS & OPINION JOHN COLEMAN, FOUNDER OF THE WEATHER CHANNEL: “MONEY, POLITICS, AND IDEOLOGY HAVE REPLACED SCIENCE. U.N. WOULD REDISTRIBUTE DE FACTO THE WORLD’S WEALTH BY CLIMATE POLICY.” by Ron Manera, Senior Editor
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any who agree the climate is warming give no thought to what policies may follow - and those policies, if enacted, may be more damaging for the U.S.A. than any actual rise in temperature. The political left - Democrats, Liberals & Progressives have latched on to alleged “climate change” like a pit bull on a pork chop for reasons having nothing to do with saving the planet. It is simply the best vehicle they have ever imagined for advancing their anti-industrial, anti-capitalist, anti-free market, anti-American, pro-wealth transference agenda. Climate Change is a Progressive wet dream - it gives them unimaginable power and wealth.
• The climate impact of all Paris INDC promises is minuscule: if we measure the impact of every nation fulfilling every promise by 2030, the total temperature reduction will be 0.048°C (0.086°F) by 2100. •
Think about it: Millions of jobs lost in America alone. 100’s of $ billions, perhaps $ trillions, spent on mitigation efforts, and $ trillions in American wealth, your wealth, to developing nations in UN mandated “Climate Change” transferences - AND ALL TO REDUCE TEMPERATURE CHANGES BY 1/3 OF A DEGREE BY THE END OF THE CENTURY!”
Although thousands of prominent scientists are skeptical on Climate Change (especially those not on the government grant gravytrain) let’s just pretend for a moment we believe the Climate Change lie of “settled science.” www.underwritersinsider.com
Let’s presume, for the sake of argument, all the fear-mongering is 100% accurate and the planet is warming - and it’s all our fault. What are the current effect of all the “solutions” proposed at the recent Paris Climate Conference attended by President Obama?
Even if we assume that these promises would be extended for another 70 years, there is still little impact: if every nation fulfills every promise by 2030, and continues to fulfill these promises faithfully until the end of the century, and there is no ‘CO₂ leakage’ to non-committed nations, the entirety of the Paris promises will reduce temperature rises by just 0.17°C (0.306°F) by 2100.
Think about it: Millions of jobs lost in America alone. 100’s of $ billions, perhaps $ trillions, spent on mitigation efforts, and $ trillions in American wealth, your wealth, to developing According to Dr. Bjorn Lomborg, nations in UN mandated “Climate director of the Copenhagen Change” transferences - AND Consensus Center and visiting ALL TO REDUCE TEMPERATURE professor at Copenhagen CHANGES BY 1/3 OF A DEGREE Business School who has BY THE END OF THE CENTURY! analyzed the data: See Climate Hustle Page 28 Table of Contents
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NEWS-OPINION Continued From Page 27
CLIMATE HUSTLE
This is why so many are calling it the entire climate movement “Climate Hustle!” And now we have John Coleman, founder of the Weather Channel warning us the climate change movement is not even about climate change. Coleman said the Paris agreement is “all about empowering the U.N. and has nothing to do with the climate.” “Money, politics and ideology have replaced science and [the U.N. would] ‘redistribute de facto the world’s wealth by climate policy,” according to Coleman. The “Climate Change” movement may be the biggest fraud ever perpetrated against the people by those seeking vast power and
wealth. On May 2, 2016, a one night national theater event called “Climate Hustle” will document this disgrace and the fraudsters behind it. Click HERE for theaters & times.
From the Climate Hustle website: “CLIMATE HUSTLE, hosted by award-winning investigative journalist Marc Morano, reveals the history of climate scares including global cooling; debunks outrageous claims about temperatures, extreme weather, and the so-called “consensus;” exposes the increasingly shrill calls to “act immediately before it’s too late,” and in perhaps the film’s most important section, profiles key scientists who used to believe in climate alarm but have since converted to skepticism.”
IT’S ALL ABOUT THE POLITICS - NOT THE SCIENCE
UNBELIEVABLE VINTAGE ADS
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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.
This month’s ad, probably from the 50’s, would send a chill up the back of any modern mother claiming that the best thing you could be doing for your child is getting him/her started on cola as soon as possible. After all, the ad claims, “babies who start drinking soda during that early formative period have a much higher chance of gaining acceptance and fitting in...”
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“The Final Authority on Everything!” WARNING!
The Advisor has been known to be politically incorrect and may send Millennials scurrying to their safe space. Not recommended for Progressives who are easily offended. Please read at your own risk.
Marketing Mystery
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’m writing out of frustration. I have a long-time golfing buddy who owns a personal lines agency only a couple of miles from my personal lines agency. We have almost the same markets & do similar advertising. Yet he is writing 3X the volume of business we are for no apparent reason. His parking lot is always full What can I do to bring up my volume? H.S. Atlanta, GA
ADVISOR
The other night I stopped with my son for a chicken sandwich and some cottage fries at Chicfil-A. There were five people ahead of me at the counter and every table was full. The young-man at the counter was smiling, professional & friendly - almost like a welltrained Disney employee. They asked my name and thanked me when my order was ready. The food was excellent and the wait was minimal. Whenever I said “Thank you” to a staff member, the response was “My pleasure.” Altogether a thoroughly enjoyable fast-
food experience. My son, however had a craving for a Burger King Whooper and patiently waited while I finished my chicken sandwich. Our next stop on the way home was BK - less then 3 miles from the Chic-fil-A and only a one hour drive to BK headquarters in Miami-Dade County. Burger King was dead empty - other than 1 car in the drive-thru. The young lady at the counter was sullen and disinterested - almost a chip on her shoulder. There was no smile, no “Welcome to Burger King.” No friendly interaction
Without visiting both your agency and your buddy’s and collecting some data, it’s impossible to explain the difference in your sales volume. But here’s an example that might give you some insight: 30
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MAY 2016
whatsoever. The cost for mystery is that Burger King a Whopper and fries was can’t seem to figure it out. greater than the cost for a It’s not a secret like the recipe chicken sandwich and fries for Coca-Cola or Kentucky Fried Chicken. The reason for at Chic-fil-A. Although we The marketing Chic-fil-A’s success and had our choice mystery is NOT BK’s failure of tables, half of why Chic-fil-A is was right them appeared not to have doing so much better there, out in the open, for than Burger King. been cleaned. And the fries, That was as obvious anyone to see - anyone frankly, were as the sunrise. The except awful and mystery is that Burger BK senior grease-soaked. King can’t seem to management The marketing apparently. figure it out.” mystery is NOT There are why Chic-fil-A is doing so much better than other examples we all see Burger King. That was as everyday. Compare a K-Mart obvious as the sunrise. The to a Target. K-Mart, with their 40-year-old displays, www.underwritersinsider.com
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empty shelves, rickety carts, disinterested employees and generally depressing atmosphere has per-store revenues a fraction of Target’s. Your shopping experience is going to be infinitely more enjoyable at Target with new carts, modern displays, clean stores and friendly, professional help. Can’t senior management at K-Mart walk through a Target and make some obvious changes? Apparently not. My suggestion to you: Recruit a secret shopper to walk through the entire shopping experience at your buddy’s agency and then at yours. You may be surprised at the results. MAY 2016
31
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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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Working Partner Wanted East Tampa All Lines Agency established 2006 seeks working partner - to replace retired partner - Florida 220 and investment a must. Please inquire admin@naioia.com 15-12
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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 MAY 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.
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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
Cont’d... FLORIDA DAILY ADJUSTERS NEEDED Daily adjusters needed in the entire stte of Florida. Must have a minimum of 2 years experience provable in handling daily claims. Please email your resume to: Ateamadjustingservice@ gmail.com 15-12
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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
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 16-1
al.poncedeleon@estrellainsurance.com 16-1
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 34
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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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MAY 2016
NEWS
CLANCY, TRAMMELL AND TAYLOR JOIN ALL RISKS, LTD.'S SOUTH CENTRAL REGION
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ALLAS, TX (April 14, 2016) – All Risks, Ltd., the nation’s largest independent wholesale insurance brokerage firm, is pleased to announce that it continues to broaden the South Central region by welcoming three new producers. All Risks’ ongoing aggressive growth strategy for this region involves the inclusion of Ashton Clancy and Kevin Trammell in Dallas, TX, as well as Joe Taylor in Houston, TX.
on individual accounts, and performed underwriting for an exclusive oil and gas program within the team.
At the All Risks’ Dallas office, Kevin Trammell, Casualty Broker, will focus on risks within the construction, energy and environmental industries. Lines of coverage include general liability, excess, auto and contractors pollution liability. Kevin was formerly a Casualty Broker at AmWINS in Dallas, TX Each will be responsible for with eight years of experience. developing, managing, and maintaining retail agency Joe Taylor joins the Houston relationships in Texas, Oklahoma office as a Broker, specializing and Louisiana, as well as retaining in environmental liability. a profitable book of business. Additional lines of coverage They will assist their retail partners can include general liability, with competitive coverage contractors pollution liability, options and customized solutions professional liability, third party to present to their clients. liability, and products pollution. As a Brokerage Underwriter, Ashton Clancy will write all lines of property and casualty insurance in the Dallas, TX office. Previously, Ashton was an Associate Broker at CRC in Dallas, TX, where she handled new and renewal business, prepared submissions, marketed and negotiated with insurance companies www.underwritersinsider.com
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Notable Quotes In The News
SAY WHAT? Blame America First...
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know these issues are sensitive, especially coming from an American President. Before 1959, some Americans saw Cuba as something to exploit, ignored poverty, enabled corruption.” President Barack Obama on his recent “historic” trip to Cuba, seemingly unable to curb his fetish of apologizing for America while snuggling up to murderous dictators. Mr. Obama can scarcely restrain his disdain for this country while on American soil. He makes no effort when out of the country. Shortly after his election in 2008, Obama crossed Europe in what has famously been called his “apology tour,” telling the French that America “has shown arrogance and been dismissive, even derisive” toward Europe. In Prague, he said America has “a moral responsibility to act” on arms control because only the U.S. had “used a nuclear weapon.” Mr. Obama clearly sees the country to which he was elected president as deeply flawed and only exceptional as to its errors. If our president really feels the need to apologize for America he should begin with its 36
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disastrous foreign policy over the past eight years which has set the Mid-East on fire and created power vacuums in the region that the crazed mullahs in Iran and our enemies in Russia have been more than happy to fill - for allowing a nuclear armed North Korea and encouraging a massive build-up of China’s military and expansionism. The world is a far more dangerous place as our community organizer-in-chief prepares to leave office.
Brave Saudi TV Anchor Rips Hypocrites Who Claim Terrorists Are Not True Islamists
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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. Whenever terrorism massacres peaceful civilians, the smart alecs and the hypocrites vie with one another in saying that these people do not represent Islam or the Muslims. Perhaps one of them could tell us who does represent Islam and the Muslims. It is we who blow ourselves up. It is we who blow up others. Why do we shed our Image Source: ME own conscience? Don’t these perpetrators emerge from our environment? Don’t
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EMRI
their families belong to our society? Didn’t anyone you know — someone from your city, a neighbor, someone from your street, a relative, a nephew, a grandson, a father, or a mother — go to Syria or Iraq to wage jihad?” Talented, bright and beautiful Saudi columnist and TV anchor and Muslim Nadine Al-Budair flat disgusted with the false narrative being promulgated by the hopelessly politically correct - misguided dribble that continues to put the world at risk by denying the absolute obvious. The worst offender? Our own president who refuses to even name Radical Islamic Terrorism as our enemy and outright denies the clear link between terrorism and the ideology of mainstream Islam.
at a racist Black Lives Matter group protesting a law supported by Clinton during his time as president that actually had the temerity to put Black criminals in jail. In true liberal form, Clinton backtracked the following day - even though every word he had spoken was demonstrably true: “I almost want to apologize for it,” he said. “I rather vigorously defended my wife, as I am wont to do, and I realized, finally, I was talking past [the protester] the way she was talking past me.” Man up Bill.
More Studies Rebut Climate Change “Consensus”
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he latest government crackdown on climate dissent, exemplified by last week’s subpoena of the When a Liberal Tells The Truth Competitive Enterprise Institute, comes amid a surge of scientific research that don’t know how you would pokes holes in the catastrophic climate characterize change consensus. Even as Virgin the gang leaders Islands Attorney General Claude E. who got 13-year-old Walker demanded the free market kids hopped up on think tank’s climate research and crack and sent them communications, a rising tide of out on the street to evidence has challenged the narrative murder other Africanthat increased carbon dioxide levels American children. in the atmosphere are driving floods, Maybe you thought drought and other disasters.” they were good citizens. She didn’t… It seems that Al Gore’s Climate Hoax You are defending the is in the beginning stages of being people who kill the “outed” even as Obama’s far-left people whose lives you justice department explores ways to Image Credit: Creative Commons say matter!” criminalise dissent and free speech on the topic. The Orwellian “Thought Police” are In a rare moment of honesty, candor and coming. The subject is detailed in this excellent courage, ex-President Bill Clinton made the Washington Times article HERE. huge mistake (for a liberal) of telling the truth and was lambasted by the mainstream media when firing back, during a campaign event,
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BACK ISSUES
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NEWS FLORIDA BUSINESS OWNER ARRESTED FOR $1.8 MILLION WORKERS COMP FRAUD
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OMPANO BEACH, Fla. – authorities with information Florida Chief Financial that exposed Chirinos’ larger Officer Jeff Atwater today scheme of knowingly falsifying announced the arrest information to of Maira Chirinos, avoid paying for an owner of Pompano adequate workers’ Beach construction compensation company Tocoa policy. As a Builders, Inc. result, a second Chirinos is alleged to investigation was have misrepresented opened, led by information the Department’s regarding Tocoa Bureau of Workers’ Builder’s operations, Compensation employees and Compliance payroll when and Division of Maira Chirinos applying for a workers’ Insurance Fraud. compensation policy. By doing so, Chirinos avoided at least $1.8 Workers’ compensation policies million in workers’ compensation are calculated by factoring in premium payments. Workers’ a company’s total payroll and compensation policies protect number of employees along employees in the event of an with the risks associated with the on-the-job injury and if proper company’s field of work, among policies are not in place, injured other factors. Investigators employees could be faced with discovered that Chirinos lied lost wages and costly medical when obtaining a workers’ expenses to cover. compensation insurance policy from Madison Insurance Company The Florida Department of to cover Tocoa Builders, Inc. She Financial Services, which operates did so by grossly underreporting under the direction of CFO the company’s payroll, number Atwater, began investigating of employees, and day-to-day Chirinos for violating a “stop operations. During the dates work” order. Stop work orders represented on the policy are issued when companies paperwork, more than $11 million are found to be in violation of in payroll checkers were cashed, workers’ compensation laws. This far more than the $76,000 that initial investigation provided was reported. www.underwritersinsider.com
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Chirinos used a Broward County money service business to cash her company’s payroll checks; a common method of circumventing workers’ compensation statutes. By misrepresenting the amount of Tocoa Builder’s payroll, employees and the businesses operations Chirinos was able to avoid more than $1.8 million in workers’ compensation premium dues. Chirinos was arrested without incident and charged with workers’ compensation premium fraud and grand theft, both of which are first degree felonies. This case will be prosecuted by the Office of State Attorney Michael J. Satz of the 17th Judicial Circuit and if convicted, Chirinos faces up to 20 years in prison.
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www.zalma.com • web log, “Zalma on Insurance” • videoblog, “Zalma’s Insurance 101”
INSURANCE & THE LAW Continued From Page 11
In addition to working on this conclusion unavoidable. dozens of prior cases in which As noted above, Keys has Keys was retained by the made numerous comments policyholder, Merlin and/or suggesting a bias in favor of Merlin attorneys have served as policyholders. The initial fee his compensation at “$350 per Keys’ personal counsel, served agreement under which Keys hour as well as expenses not as incorporator and registered was initially retained in this to exceed 10% of the amounts agent for Keys’ companies, case—which capped his fees paid to” Summit Park in this taught with Keys, and and expenses at 10% of Summit case. donated to a Keys-led group Park’s recovery—raises further involved in pro-policyholder concerns. By making the ANALYSIS lobbying. These aspects of the appraiser’s fee contingent upon relationship between Keys and the amount awarded it caused The policy does not define Merlin, viewed collectively, the appraiser to conclude that the term “impartial.” Neither make clear that he cannot the higher his appraisal, the the parties nor the Court have satisfy any of the standards of higher the fee. The fact that located any Colorado appellate impartiality. Keys was operating under a authority construing the term contingent fee agreement is in the context of an appraisal enough, by itself, to render The disclosure order him other than impartial. provision like the one here.
ZALMA
required a “reasonable”
An arbitrator must exercise a the foregoing, the inquiry regarding conflicts Despite high degree of impartiality, extent of Summit Park’s without the slightest degree of interest, and these facts disclosure to Auto-Owners of friendship or favor regarding Keys was that suggest that Merlin and, toward either party. Evident Keys “has acted as a public specifically, the Merlin partiality has been found adjuster and/or appraiser when a reasonable person attorneys who have appeared on behalf of policyholders would have to conclude in this case, failed to take this that the Merlin Law Group that an arbitrator would be has represented in the predisposed to favor one duty seriously. Unfortunately, past”; neither Summit Park party to the arbitration. nor Merlin made any effort counsel’s conduct has Keys, based upon the impugned the integrity of not to disclose the number authorities reviewed, cannot of times Merlin attorneys be considered impartial. His only the appraisal process but had worked together or relationship with Merlin the other aspects of their also the Court.” goes well beyond the mere relationship outlined above. “retention of an expert on Instead of being aboveboard multiple engagements” that While Keys’ relationship with and demonstrating his the court suggested would be Merlin is sufficient by itself neutrality, Keys’ nondisclosure permissible in the disclosure to render him other than only raises suspicions about order. impartial, the totality of the circumstances here make See ZALMA Page 46
NEWS
MEDMAL DIRECT EXPANDS OPERATIONS TO TWO NEW STATES
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The Liberty Mutual Backed Company Aims To Offer Lower Pricing By Eliminating Agents
ACKSONVILLE, Fla., April 05, 2016 (GLOBE NEWSWIRE) -Jacksonville-based MedMal Direct Insurance Company (“MedMal Direct”) is continuing its strategic expansion and announced that it is officially launching operations as a medical professional liability insurance carrier in both Oklahoma and Pennsylvania. MedMal Direct was recently recognized as the fastest growing medical malpractice insurance carrier in the nation by Inc. Magazine. Founded in 2010 with physicians in mind, MedMal Direct’s unique business model enables physicians to realize significant savings, direct lines of communication with the experts, and a better strategy of defense, all from a financially strong company. In 2015, MedMal Direct experienced an 80 percent growth rate in new business and maintained their excellent customer retention rate at 98 percent. The Florida domiciled company is now available for coverage in nine states: Florida, Georgia, Illinois, Missouri, North Carolina, 44
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Ohio, Oklahoma, Pennsylvania, MedMal Direct Insurance and Texas. Over the past 5 years, Company is a multi-state medical MedMal Direct has grown its book malpractice insurance carrier of business to over $16 million which offers its policies direct and insures more than 2,300 to physicians. The company physicians, enables physician practices in surgeons, allied Florida, Georgia, While our healthcare Illinois, Missouri, p r o fe s s i o n a l s North Carolina, policy and and healthcare coverage offerings Ohio, Oklahoma, facilities. Pennsylvania, and are virtually Texas to realize “While our policy significant savings identical to and coverage one of their traditional carriers, on offerings are largest expenses our distribution – virtually identical to medical traditional carriers, professional model is not. our distribution insurance Our simplified liability model is not,” said p r e m i u m s . Butler Ball, Chief process and a lower MedMal Direct Executive Officer of price has been so has earned and MedMal Direct. “Our maintains a well received by Financial Stability simplified process and a lower price has thousands of our Rating® of A, been so well received Exceptional, from policyholders.” by thousands of Demotech, Inc. our policyholders. The company We are thrilled to expand the is backed by Liberty Mutual unmatched value of our company Insurance Company and a panel to practicing physicians in of A.M. Best A (Excellent) and A+ Oklahoma and Pennsylvania.” (Superior) rated international reinsurers with $230 billion in About MedMal Direct Insurance assets. Visit MedMalDirect.com Company: for more information.
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MAY 2016
TECHNOLOGY “certified hardware models” so it knows what features do and Of course, some people want to don’t work correctly. stick with Windows. If that’s the case for you personally, then it’s You can check the list of certified probably time to start looking hardware models to see if your for a new computer. The process laptop or desktop qualifies and can feel daunting, but it won’t The Chrome OS programs are how well CloudReady will work. be if as long as you know what actually Web apps it runs from Even if your model isn’t on the to look for. Or, you might decide the cloud, and many of them list, you can install the OS anyway you don’t need a computer at all. are free. This also means that it and see what happens. Many These days, there are also plenty stores your files online so you can people have found it works just of tablets that make excellent access them anywhere on any fine. alternatives. gadget. If one of your Chrome OS computers crashes, you can log in In general, CloudReady runs on Copyright 2016, WestStar on any other Chrome OS gadget laptops and desktops made in Multimedia Entertainment. All and have your entire computer 2007 or newer, and Netbooks rights reserved. ready to go just the way you want from 2009 and on. It needs at least it. 1GB of RAM to run smoothly, but On the Kim Komando Show, the Continued From Page 9
KIM KOMANDO
because it relies a lot on cloud nation’s largest weekend radio talk storage and Web apps, it only show, Kim takes calls and dispenses needs 8GB of storage space. advice on today’s digital lifestyle, from smartphones and tablets to On some computers, you can online privacy and data hacks. For dual-boot CloudReady and her daily tips, free newsletters and Windows if you don’t want to give more, visit her website at Komando. A company called Neverware up Windows entirely. As always, be com. Kim also posts breaking tech has an operating system called sure your information is backed news 24/7 at News.Komando.com. CloudReady, which is a version of up in case something goes wrong Chrome OS that works on a wide during the installation. range of laptops and desktops, including Apple hardware. The If you’re installing CloudReady on FREE best part for you is that it’s free your main computer, you can back CLASSIFIEDS! for home use (there’s also a paid up your files by moving them to educational version that’s great Google Drive. You can also move for school environments). your photos to Google Photos In the past, to get Chrome OS you’d need to shell out a few hundred dollars for a Chromebook or a Chrome OS-based desktop. That isn’t the case anymore.
Installing a new operating system on a computer is always a little tricky, but Neverware has extensive step-by-step directions on its site. It has also tested CloudReady on each of its www.underwritersinsider.com
and upload your music to Google Music. By doing this, they’ll all be there when you install and sign in to CloudReady. CloudReady also supports other cloud services like Dropbox if you’d prefer to use a non-Google product. Table of Contents
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INSURANCE & THE LAW Continued From Page 43
ZALMA his impartiality and creates the appearance that he was trying to hide the damaging information. In this regard, the court found it troubling that one of the Merlin attorneys who has appeared in this case, David Pettinato, provided more detail about Merlin’s relationship with Keys in a brochure for Keys’ business—a brochure in which he is quoted as saying that “[b]oth Keys and his staff have assisted me as well as my firm in resolving an untold number of large multi-million dollar losses to an amicable resolution and settlement to the policyholders’ benefit and satisfaction,” — than he did in his disclosures to Auto-Owners before this Court. Similarly, Mr. Harris, another Merlin attorney who has appeared in this case, acknowledged at the hearing that Merlin assisted Keys in making the disclosure in which Keys stated that he did “not have any substantial business relationship…[with] Merlin Law Group.” The disclosure order required a “reasonable” inquiry regarding 46
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fair representations to the court. When this court issued an order requiring counsel and appraisers appointed by counsel, to disclose any potential lack of impartiality. The lawyers in this case drafted the appraiser’s statement of impartiality that they knew was false. One of the Merlin attorneys who appeared in Undisputed material facts the provided more detail about establish that Keys, who is Merlin’s relationship with Keys Summit Park’s appraiser, is in a brochure for Keys’ business not “impartial” as required by than was disclosed to the court. the insurance policy in this Sanctions will be imposed case. Summit Park’s and Keys’ and the bad conduct now failure to disclose material requires the client to pay for a information regarding, among second appraisal with impartial other things, Keys’ extensive appraisers and return the relationship with Summit money paid by Auto Owners. Park’s counsel, violated the order requiring disclosure of Why Do Ad facts that a reasonable person would consider likely to affect Agencies Hate The an appraiser’s impartiality. Underwriter’s Insider? conflicts of interest, and these facts suggest that Merlin and, specifically, the Merlin attorneys who have appeared in this case, failed to take this duty seriously. Unfortunately, counsel’s conduct has impugned the integrity of not only the appraisal process but also the Court.
For the reasons set forth herein, the court sustained the objection, disqualified Keys from serving as an appraiser in this matter, vacated the appraisal award lodged with the Court on December 23, 2015 and instructed counsel to file briefs on the appropriate sanctions to be imposed on the Merlin Law Group. ZALMA OPINION
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MAY 2016
NEWS
FLORIDA DEPARTMENT OF FINANCIAL SERVICES RECEIVES MULTIPLE AWARDS
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he Florida Depar tment of Financial Services received multiple awards during the Florida Public Relations Association Capital Chapter’s annual Image Awards Ceremony. The D e p a r t m e n t received an Image Award and an overall Grand Image Award for their entry of Bottom Line, Chief Officer Jeff Atwater’s
newsletter that gives Floridians clear, unfiltered economic data and analysis to help them make sound financial decisions. In addition, the Department received an Award of Distinction Jeff Atwater, FL CFO for their Special “Incredibly Proud” Event entry of the Florida’s Ribbon Cutting Ceremony of Financial the Monument to Florida’s quarterly Firefighters at the Capitol.
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