IN THIS ISSUE November 2016 Vol 12 Issue 11
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CA AGENT EMBEZZLED OVER $100K FROM ELDERLY MOTHER’S TRUSTS She was charged with embezzling approximately $129,000 from her mother’s trust accounts over a nine-year period.
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HOW TO GET THE INTERNET PERFORMANCE YOU’RE PAYING FOR It only takes a few minutes to make sure you’re getting your money’s worth. Unfortunately, that isn’t always the case.
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FAILURE OF RISK MANAGER TO INSURE PROPER PARTY FATAL TO CLAIM You may pay a little more attention to who is listed as the named insured after reading Zalma’s analysis this month...
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OBAMACARE: THE FINAL MELTDOWN? The ACA is now in a death spiral. In Tennessee, for example, better than 50% of the plan’s participants will have to choose new plans with an average increase in premium of 50%.
VIRGINIA NAMES MIKE BEAVERS DEPUTY COMMISSIONER OF THE AGENT REG. DIVISION As deputy commissioner, he will oversee three investigation units and the Bureau’s Agent Licensing Section.
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MULTI-AGENCY STING LEADS TO 11 ARRESTS IN MASSIVE WORKERS’ COMP SCHEME
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THINK LIKE A NEGOTIATOR: THE 7 MOST COMMON NEGOTIATING MISTAKES While even the word “negotiation” can evoke fear, stress and anxiety for many, the intent is quite simple: to discuss and ultimately agree on a deal.
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UNDERCOVER INVESTIGATORS REVEAL THE BLACK, CORRUPT SOUL OF THE DEMOCRATIC PARTY If you are a Democrat, you must first understand one thing: This is not your father’s Democrat Party. The Party has been highjacked by corrupt, far-left criminals who care only for power, money & control. And the videos proves it.
Florida announced 11 arrests following a multiagency undercover workers’ compensation and unlicensed contracting sting.
COMPANY SERVED CEASE AND DESIST FOR ALLEGED ILLEGAL INSURANCE SALES Fresno area company served cease and desist for alleged illegal workers comp insurance sales.
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Forget Everything You Ever Knew About A Heart-Healthy Diet Now forget everything you ever knew about avoiding saturated fats, dairy products and red meat. It’s the damn potatoes that are killing you.
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2016 LAAIA Trade Fair Images Now Online! If you had a booth at this popular annual event, the largest in South Florida, your booth is most likely in this collection.
NEW! DOWNLOAD & VIEW PDF: HERE!
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Unbelievable Vintage Ads!
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The Insider reviews some amazing old ads that tell us more about our culture in the Mad Men era before than any book!
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WASHINGTON INSURANCE AGENT PLEADS GUILTY TO STEALING FROM CLIENTS Two people in Eastern Washington pleaded guilty to felony charges related to separate insurance fraud cases.
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FORMER ARKANSAS FEMALE REPORTER OFFERS GRAPHIC DESCRIPTION HOW SHE WAS SEXUALLY ASSUALTED BY BILL CLINTON If the allegations are true, and the complainant appears very credible, Bill Clinton is not merely crude, but a serial sexual predator and should never again be allowed within miles of our White House.
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A rare look into the black soul of Hillary’s campaign offered by the Wikileaks release of John Podesta’s hacked emails.
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THE TERRIFYING SCALE OF MODERN NUCLEAR WEAPONS 6,666 Times The Power of Hiroshima? Watch the Vid!
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Election Fraud Or A Right-Wing Conspiracy? It is hard to think of an innocent reason why Democrats spend so much time, energy, and money, scarce resources, resisting attempts to purge the voter rolls, that is to remove people who are dead or have otherwise left the jurisdiction.
Podesta: Too Bad It Was A Muslim And Not A White Guy
WATCH THE WORLD’S FASTEST HUMANPOWERED VEHICLE HIT 89 MPH! The Carbon Fiber Shell Is Light & Strong. Two Video Monitors Allow Rider To See Where He Is Going...
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RELEASED FBI DOCS SHOW HILLARY “CLINTON’S TREATMENT OF [SECRET SERVICE] AGENTS WAS SO CONTEMPTUOUS THAT MANY OF THEM SOUGHT REASSIGNMENT OR EMPLOYMENT ELSEHWERE.” Apparently, the sweet, compassionate, caring persona is only an illusion. The reality is a powerhungry, narcissist who cares absolutely nothing for average Americans - especially if they are wearing a uniform. Check the released FBI doc...
FEATURES 7
Kim Komando
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Barry Zalma
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Advertising
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Inside Track
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Classifieds
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Say What?
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Clintons To Scam Haiti Again? The Clintons cannot justify why they prey on hurt quake victims and poor Haitians to put money in their Foundation...,
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November 2016
NEWS
CA AGENT EMBEZZLED OVER $100K FROM ELDERLY MOTHER’S TRUSTS
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ACRAMENTO, Calif. — over a nine-year period. Cooper Christine Ann Cooper, 64, was sentenced to 18 months a former in jail, five years' licensed insurance formal probation, agent, pleaded and ordered to pay nolo contendere to $60,000 in restitution. one felony count of embezzlement, "Insurance agents and forgery, fraud brokers who prey on or identity theft elders are particularly from an elder or l o a t h s o m e ," dependent adult said Insurance and one felony Commissioner Dave Christine Ann Cooper, 64 count of grand theft Jones. "Cooper violated of property after embezzling her fiduciary responsibility and approximately $129,000 from trust when she stole these funds. her mother's trust accounts Her crime is particularly egregious because she took advantage of her own mother."
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After receiving a complaint, the California Department of Insurance Investigation Division launched a joint investigation with the Rocklin Police Department revealing that, as her mother's trustee, Cooper wrote checks to herself from the trust accounts and falsified trust statements to conceal her thefts. Cooper was arrested at work by the Rocklin Police Department. This case was prosecuted by the Placer County District Attorney's office. The department has revoked Cooper's license.
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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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TECHNOLOGY
HOW TO GET THE INTERNET PERFORMANCE YOU’RE PAYING FOR
Y
Really Cool Info - by Kim Komando
ou’re paying a lot of money for your internet connection, whether it’s a basic 1.5 megabits a second package or a top-tier 100+Mbps screamer. It only takes a few minutes to make sure you’re getting your money’s worth. Unfortunately, that isn’t always the case.
connection. The HD video is only going to be using a tenth of your connection’s capacity because that’s all it needs. Paying for a 100Mbps connection isn’t going to make the video smoother or higher quality.
If your internet feels like it’s dragging, it might not be you. There are several reasons for a slowdown, and I’m going to walk you through examining your connection so you can find the one affecting you. From there, you can talk to your internet provider to get it back to the level you’re paying for, or maybe get a break on your monthly bill.
streaming music, browsing the internet and other things simultaneously without hiccups. In other words, having more bandwidth is like adding another lane to the highway. The speed limit is still the same, but you can have more cars traveling at top speed at once. Even if you haven’t noticed a slowdown in your internet connection, it doesn’t necessarily mean that you’re getting all the bandwidth called for in your plan. You might just not be using your connection heavily enough to notice. It’s still a good idea to run the tests. You might be able to scale back on your internet plan and save some month. Click here to learn more about making that decision and other ways to save on your Internet bill right now.
Before we go into that, however, let me explain a common internet misunderstanding. While internet providers like to sell you on the idea that you’re paying for speed, and many people in the tech community talk about internet speed as Test your internet well, what you’re paying for is Don’t get me wrong. There are connection speed bandwidth. While speed is a part of plenty of reasons to have more bandwidth, there’s more to it. bandwidth. You can watch multiple To get started, you need a way to Netflix videos while also playing measure your internet speed that’s Say you’re watching an HD video games, checking Facebook, on Netflix via a 50Mbps internet backing up your computer, See Kim Komando Pg 46 www.underwritersinsider.com
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November 2016
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INSURANCE & THE LAW
FAILURE OF RISK MANAGER TO INSURE PROPER PARTY FATAL TO CLAIM Expert Analysis & Commentary by Barry Zalma, Esq., CFE
M
ajor commercial entities, like the owners of oil refineries should have professional risk managers on staff – or on retainer – to make sure that all insurance purchased insures the proper entities and provides the coverage sought.
favor of AIG Specialty Insurance Company, formerly known as Chartis Specialty Insurance Company (“Chartis”).
Join Barry Zalma’s new Blog:
subject to a prolonged series of federal and state environmental remediation orders. Ultramar began negotiating with Tesoro Corporation and agreed to sell the refinery to Tesoro Refining.
http://www.zalma.com/blog
The insurer sued the insured and In AIG Specialty Insurance its subsidiary, the operator of Company v. Tesoro Corporation, oil refinery, seeking declaratory — F.3d —-, United States Court judgment as to parties’ rights of Appeals, Fifth Circuit, 2016 and responsibilities under WL 6078247 (October 17, 2016) a pollution legal liability the Fifth Circuit Court of Appeals insurance policy. The United was faced with a claim by a States District Court for the corporation not named as an Western District of Texas, insured on the policy. granted summary judgment in favor of the insurer. Defendants Tesoro Corporation and appealed. Tesoro Refining & Marketing Company, LLC (“Tesoro FACTS Refining”) (collectively, the “Tesoro Parties”) appealed the The Golden Eagle Refinery in summary judgment granted in Martinez, California, has been
The suit dealt with the transfer of the Chartis policy from Ultramar. Chartis did provide the transfer endorsement—but the endorsement named Tesoro Corporation as the new named insured. By contrast, Tesoro Refining, its subsidiary, was the actual purchaser of the refinery. Chartis contends that it acted upon instructions that listed only Tesoro Corporation as the named insured. Indeed, Tesoro Corporation has a corporate practice of naming the parent on insurance policies but takes the position in this litigation that both companies should have been insured.
Barry Zalma, Esq., CFE, practiced law in California for more than 43 years as an insurance coverage and claims handling lawyer. He now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He founded Zalma Insurance Consultants in 2001 and serves as its only consultant. 8
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November 2016
The Tosco/Tesoro Refining on a “third-party beneficiary” governs. dispute stretched from 2003 claim under California law until 2007. As Tosco and (assuming arguendo that California, like most states, Tesoro Refining drew near Tesoro Refining was not a holds that a contract should a settlement, Tesoro sought named or additional insured be interpreted so as to give coverage from Chartis. Chartis under the policy). The district effect to the mutual intention responded with a reservation of court applied Texas law to the of the parties as it existed at the rights letter that acknowledged third-party beneficiary claim time of contracting. Ordinarily, the matter as a potential claim. and concluded that it failed. the objective intent of the That letter identified contracting parties “Tesoro Petroleum is a legal question The Tesoro Parties were Corporation” (Tesoro determined solely Corporation’s prior by reference to the unable to point to any basis name) as the named contract’s terms. for concluding that the injury California has a insured and stated that coverage would in this case — the alleged mistake over permissive approach be provided only to the use of extrinsic which entity was covered — is inherently if the insured were evidence in disputes legally obliged to pay undiscoverable. Indeed, the mistake is over meaning. for cleanup costs. evident from the face of the document.” The Tesoro Parties Tesoro Refining thus argue that settled the Tosco litigation in In addition, the court concluded the district court should have March 2007, receiving $58.5 that the reformation claim was followed the intent of the million from Tosco’s successor, barred by the Texas four-year parties—(purportedly) that the ConocoPhillips. In October statute of limitations (and, in owner of the refinery, whichever 2009, Chartis received a formal the alternative, the California entity it was, was covered under demand for coverage written three-year statute) because, at the policy—rather than the on “Tesoro Corporation” a minimum, the Tesoro Parties actual words of the policy. They letterhead identifying “Tesoro should have discovered the argued that they erred and it’s Petroleum Corporation” as alleged mistake during the mid- the fault of the insurer that it the named insured. The letter 2000’s Tesoro/Tosco litigation. did not correct its error. indicated that Tesoro Refining Ultimately, the district court was the buyer of the refinery entered judgment in Chartis’s The Fifth Circuit concluded that and the party that owed favor, and the Tesoro Parties Tesoro Refining cannot assert cleanup liabilities. timely appealed. third-party beneficiary status. It was in this litigation that the matter of which entity was insured under the Chartis policy came to the fore, with Chartis contending that it owed coverage only to Tesoro Corporation. In 2012, the Tesoro Parties sought reformation and also sued for breach of contract www.underwritersinsider.com
DISCUSSION
Reformation - The district court granted summary judgment on Third–Party Beneficiary - The the Tesoro Parties’ reformation parties agree that Texas law claim on limitations. Texas does not recognize a third- applies a four-year statute party beneficiary claim that of limitations to reformation would permit Tesoro Refining to recover here. The Tesoro See ZALMA Pg 45 Parties argue that California law Table of Contents
November 2016
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NEWS
COMPANY SERVED CEASE AND DESIST FOR ALLEGED ILLEGAL INSURANCE SALES Alliance are likely at great financial risk," said Insurance Commissioner Dave Jones. "Employers must protect themselves, their employees, and their business by checking with the Department of Insurance to LOVIS, Calif. — California's verify the company and agent or insurance regulator, Dave broker's license is valid and that Jones, moved to stop the policy they purchased is also a central valley company from valid." selling workers' compensation and liability policies because they American Labor Alliance attracted are not properly registered with customers by marketing low the Department of Insurance, workers' compensation premium which means those insured rates, but the end result is through the company may not employers holding worthless have valid insurance coverage. pieces of paper, as the policies
Fresno area company served cease and desist for alleged illegal insurance sales
C
In the cease and desist, served Monday, October 17, 2016, the department alleges Agricultural Contracting Services Association, Incorporated, doing business as American Labor Alliance and its affiliate CompOne USA, are soliciting, marketing, selling, and issuing to employers statewide what the company claims are valid workers' compensation policies, when in fact the department's Investigation Division found the company is not properly registered with the regulator and is allegedly transacting insurance without proper authority.
are not valid, which means the
employers have no coverage— leaving them and their employees at great risk. The order is effective immediately. American Labor Alliance has requested an administrative hearing before an administrative law judge. The hearing is not yet scheduled. If American Labor Alliance continues marketing and selling the alleged illegal products, in defiance of the department's cease and desist order, they face fines up to $5,000 per day for each day they do not comply.
"Employers who purchased insurance from American Labor 10
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November 2016
NEWS-OPINION
OBAMACARE: THE FINAL MELTDOWN? The so-called Affordable Health Care & Patient Protection Act, sold to the American public over multiple lies, never even came close to living up to it’s promise of bringing affordable health insurance to the country. by Ron Manera, Senior Editor
marketplace plans will range from family country-wide - with vastly 58% to 96%. Other states are higher co-pays and deductibles. resident Obama, never reporting increases up to 145% on really owning a grasp of the already unaffordable plans. Jonathan Gruber, chief architect free market, often blamed of the ACA was recorded saying “greedy insurance companies” for President Obama promised us a it best: “And basically, call it the the high cost of health insurance. “per family reduction in health care stupidity of the American voter or Even now, as company after premiums of $2,500” under his whatever, but basically [lying to the company pull out of the program plan. The reality is quite different: American people] was really, really after hemorrhaging hundreds of An average of $4,400 increase per critical to get the thing to pass.” millions of dollars in underwriting losses, he’s still talking about “excessive profits.”
P
Aetna, UnitedHealthcare and Humana have all backed out of Obamacare exchanges leaving a third of the country with only a single insurer servicing the ACA exchanges. Insurers have no reason to compete for a share of a marketplace certain to generate losses. The ACA, built on a host of false assumptions, is now in a death spiral. In Tennessee, for example, better than 50% of the plan’s participants will have to choose new carrier this year with an average increase in premium of over 50%. Oklahoma’s Insurance Department said recently that increases in individual www.underwritersinsider.com
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November 2016
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NEWS
VIRGINIA BUREAU OF INSURANCE NAMES MIKE BEAVERS DEPUTY COMMISSIONER OF THE AGENT REGULATION DIVISION – The Corporation
“Mike’s strong leadership and investigative skills, together with his experience in and Commission’s (SCC) knowledge of insurance Bureau of Insurance regulation, make his has named transition into this new Michael T. “Mike” role virtually seamless,” Beavers deputy said Virginia Insurance commissioner of its Commissioner Agent Regulation Jacqueline K. Division. As deputy Cunningham. “He commissioner, he will oversee has, for many years, been an three investigation units and the outstanding regulator and Bureau’s Agent Licensing Section. manager, and I look forward to He replaces Brian Gaudiose, who retired in August. Beavers joined the Bureau in 1987 as an investigator in the Property and Casualty Division. He served as a senior investigator, supervisor and chief of investigations before assuming his current post recently. The Agent Regulation Division performs licensing functions for all lines of insurance and responds to informational requests about insurance agents. It conducts field investigations of insurance agent and title settlement agent activities and reviews their financial transactions and business practices to ensure they are in compliance with Virginia insurance laws and regulations.
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working with Mike in his new position as deputy commissioner,” she said. A Richmond native, Beavers holds a bachelor’s degree in Administration of Justice from Virginia Commonwealth University. His designations include Certified Fraud Examiner, Chartered Property Casualty Underwriter, Certified Insurance Counselor and Certified Insurance Examiner, among others.
Position wanted: Field Rep/Special Agent Experienced, licensed (2-20) P&C field rep available to work from Florida East or West Coast. MGA experienced but would consider Carrier or Premium Finance Position. Recent FSU Grad with Risk Management Course Work Please write for resume: candidate88@yahoo.com Table of Contents
November 2016
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NEWS
P
MULTI-AGENCY STING LEADS TO 11 ARRESTS IN MASSIVE WORKERS’ COMP SCHEME
almetto, Fla. — The Department of Financial Services’ Division of Investigative and Forensic Services (DIFS) today announced 11 arrests following a multiagency undercover workers’ compensation and unlicensed contracting sting in Manatee County. The individuals arrested were found to have advertised their ability to perform jobs such as plumbing and electrical work without the proper licensing or training, and without having workers’ compensation coverage to protect their employees in the event of an accident or injury. “When contractors knowingly neglect the law, a major liability risk is created for property owners,” said CFO Jeff Atwater. “Not only are homeowners liable for any injuries that occur to uncovered workers on their property, but sub-par work performed by unlicensed and untrained contractors also creates a direct hazard for the property. This is a practice we, along with our local and state law enforcement partners, are working diligently to stop.” During the three-day operation, DIFS detectives, accompanied by logistical and tactical support from
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multiple agencies, established an undercover sting across Manatee County in an effort to stop this illegal practice. Detectives responded to public advertisements, calling for contractors to perform services at a specified location in Manatee County.
meet the qualifications and standards required to obtain their state-issued license. Consumers can empower themselves by becoming familiar with what services require a license from DBPR and by always verifying a license before hiring a professional.”
Those who were arrested include:
Multiple agencies played a vital role in securing the sting’s successful outcome. These agencies include: The Manatee County Sheriff’s Office, Palmetto Police Department, DFS’ Bureau of Workers’ Compensation Compliance, the Department of Business and Professional Regulation, the Manatee County State Attorney’s Office and Manatee County Code Enforcement.
• Johnny Lewis Harrison • Douglas Dan Wilson • Moises Gonzalez • Shawn Gandy • Joseph Alma • Kenneth Ellis Lohmann • James S. Civitello, Jr. • Donald Earl Beck • Shawn Anthony Ervin • Trang Thanh Tran • Tommy Minhtri Nguyen “Unlicensed activity threatens the livelihood of honest, hardworking professionals and can result in substantial physical or financial burdens to Florida consumers,” said DBPR Secretary Ken Lawson. “DBPR strives to ensure Florida consumers receive services from people and businesses that are in compliance with the law and Table of Contents
The 11 individuals arrested were booked into Manatee County Jail on charges of workers’ compensation fraud and unlicensed contracting, and if convicted, they can face up to 5 years in prison, more if found to be a repeat offender. These cases will be prosecuted by the Office of Manatee County State Attorney Ed Brodsky. November 2016
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15
ANALYSIS
THINK LIKE A NEGOTIATOR: THE 7 MOST COMMON NEGOTIATING MISTAKES By Guest Contributor Eldonna LewisFernandez
W
hile even the word "negotiation" can evoke fear, stress and anxiety for many, the intent is quite simple: to discuss and ultimately agree on a deal. Whether it’s a multimillion dollar contract or just deciding where to meet for lunch, life is rife with negotiations. And, the negotiation process is a lot like a chess game where strategy reigns supreme – one thoughtfully considered move at a time. Make a careless, short-sighted, illconceived move and suffer the perilous consequences. "Even when faced with the most daunting of deals, regarding the act of negotiation as a ‘game’ may alleviate the apprehension and give you the confidence to make power plays that will ultimately facilitate your desired result," notes veteran negotiation and contracts expert Eldonna Lewis-Fernandez, author
of "Think Like a Negotiator" (www. ThinkLikeANegotiator.com). "Unlike strategy games like chess, however, the most effective deals are a winwin proposition for all parties rather than a winner-loser result."
buttons" will resonate with your opponent.
Projecting confidence also means having heart, which is endearing to others whether or not you have years of negotiation experience. This can To help individuals maximize their also result in the opposition having bargaining prowess in business a less defensive stance, making and in life, below Eldonna cites the them more amenable to your 7 most common mistakes that are stipulations. Without projecting a made during a negotiation: notable level of confidence, and backing that up with solid, wellLacking confidence researched information, failure will surely prevail. Many people think they need to show a certain kind of confidence, Thinking something like being loud, bold or brazen, is non-negotiable to successfully negotiate a deal. Others think that a lot of experience When you think like a negotiator, is required to be a good negotiator. everything is negotiable! It’s a Most of the time it merely takes mindset you have to operate from tenacity and good old preparation in order to become not just a to ensure you are aptly equipped good negotiator, but a great one. to assert mutually desirable terms, When you decide that the terms anticipate objections, and discern for anything can be changed in what are motivators or "hot your favor, a world of opportunity About the author: Veteran negotiation and contracts expert Eldonna Lewis-Fernandez, author of "Think Like a Negotiator," has more than 30 years of experience crafting killer deals both stateside and internationally, many in excess of $100 million. She’s currently the CEO of Dynamic Vision International – a specialized consulting and training firm that helps individuals hone negotiation skills – as well as a nationally regarded keynote speaker, session leader and panelist on the Art of Negotiation. Eldonna may be reached online at www.ThinkLikeANegotiator.com.
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November 2016
presents. Of course, as with most things in life, there will be rules to adhere to with each deal on the table, which are needed to evade chaos and keep discussions on track. However, even rules are negotiable! They can be modified if you simply propose an ethical, viable and mutually beneficial alternative solution. Powerful negotiators are rule breakers!
Not building relationships first This is probably one of the biggest mistakes individuals make in regards to negotiation and in business in general. Perhaps you have attended the standard www.underwritersinsider.com
"networking" event where you give dozens of cards out without having a real conversation with anyone. It’s time to slow down and start making real connections with people – particularly those you might be involved in a deal with later on. Find out something about them and their lives. Get personal. Much useful information can be gleaned during casual conversation, including what they value in life, what motivates them, what annoys them, their ethics, etc. Find out something about them, personally, and not just their business. You might be surprised how well you can leverage what you learn through a genuine conversation with someone. Table of Contents
Not asking for what you want There is one key truth in negotiations: you must ask for what you want. Sounds simple enough, but in practice it can often be daunting. People naturally fear rejection or were taught not to be "greedy" as children, so we instinctually refrain from asking for thing in life. However, in business, rejection is never personal – it’s merely a reflection that you did not present a viable argument substantiating why you should get what you want. It’s the offer that
See Think Like A Negotiator Pg 20
November 2016
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ANALYSIS Continued From Pg 17
THINK LIKE A NEGOTIATOR is being rejected, not you, so keep emotions in check and re-calibrate your approach.
There’s an old adage that says "he or she who speaks next loses." When discussing a deal, if you simply stop talking and get comfortable with the awkwardness of silence, your ability to win your argument, sell the product, or a get concession in the negotiation increases significantly.
"think" the other party said and what they "think" you said can be two different things. Documenting the agreement eliminates such "perception" problems and protects the interests of all parties involved.
Signing without reading
Before you sign on the dotted line, it’s imperative "No" often just reflects Talking too much is a sure-fire you read what you are a need for more signing – no matter way to kill a deal. Have you information, and take how large of a packet heart in knowing that ever been offered a product it entails. Modern life is people say no an average or service, and the salesperson kept fast-paced and people of 3 times before they say "yes." It is important talking until he or she talked you right are usually engaged in multiple things at once, to understand that if out of the purchase? If they would have making it difficult to you don’t ask you don’t get and the only way to simply asked for the sale and stopped focus and causing some to sign legal documents master the art of rejection talking, their chance for success would without reading them is to get rejected and keep first. The result can asking. When negotiating, have increased significantly. Never be nothing short of make it a priority to ask underestimate the power of silence.” disastrous. Make sure for exactly what you want. you read any agreement Most of the time you will or contract in full, to ensure you are either receive what you want or an Not documenting not confirming terms you will regret acceptable alternative. and cannot undo, which can cause The importance of getting the copious problems for your future. Talking too much final agreement in writing cannot Talking too much is a sure-fire way be stressed enough. Even better, Whether you are a seasoned to kill a deal. Have you ever been consult with a contracts attorney negotiator or avoid wheeling and offered a product or service, and to review contractual documents dealing with people altogether, you the salesperson kept talking until or any that require a signature. The will vastly improve your results and he or she talked you right out of the purpose of a written agreement or be motivated to "get in the game" purchase? If they would have simply contract is to provide protection by knowing how to avoid these asked for the sale and stopped for both sides and alleviate any prime pitfalls. Whether seeking to gain advantages in your business talking, their chance for success ambiguity of terms. or personal life, the art of "thinking would have increased significantly. Never underestimate the power of A myriad of problems can occur like a negotiator" will profoundly when the terms of a deal are not impact your ability to actualize your silence. put in writing because what you desired outcome. 20
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NEWS
Eligible Manufactured / Mobile Homes Include: Replacement Cost coverage on contents is included in price. Also, we can write ANY AGE home and there is NO 4-Point inspection required. • • • • • •
Limits between $6,000 - $75,000. Max TIV of section A,B,C and D total $120,000 Must be tied down to HUD regulations. Owner occupied or tenant occupied and must be used exclusively for residential purposes Applicant must be gainfully employed or retired. Wind eligible if located greater than 5 miles from salt water. (Does not apply to Tampa Bay) All Florida counties eligible for wind except for Dade, Monroe, Broward, Palm Beacch & Panhandle Counties
Policy Options: • •
Policy Form Flexibility: HO-3, HO-8, DP-1 and DP-3 Forms Wind Deductibles available from 2%, 3% or 5%
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November 2016
21
NEWS-OPINION
UNDERCOVER INVESTIGATORS REVEAL THE BLACK, CORRUPT SOUL OF THE DEMOCRATIC PARTY
If you are a Democrat, you must first understand one thing: This is not your father’s Democrat Party. The Party has been high-jacked by corrupt, far-left criminals who care only for power, money & control. And the videos proves it. by Ron Manera, Senior Editor
O
n Monday, October 17, James O’Keefe and Project Veritas released a video, and shortly thereafter another, where top DNC and Clinton campaign operatives spoke with undercover investigators using hidden cameras. What the video revealed is shocking - even if you begin with the premise that the Mafia itself could take lessons from the Clinton machine when it comes to organized corruption. James O’Keefe, you may remember was the underground investigative reporter who broke the story on ACORN - the corrupt, government funded “community organizer” group that a House Oversight and Government Reform Committee found was engaged in multiple criminal enterprises including voter fraud. Obama himself, the great Chicago “community organizer,” worked alongside ACORN, represented them in a lawsuit and was on the board of other organizations that 22
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funneled millions of dollars to the criminal organization.
election and the news coverage of the Trump rallies. These agitators were paid and trained by these Bob Creamer, founder & partner Democrat shadow organizations of Democracy Partners, was to show up and provoke violence. targeted by Project It doesn’t Unless you’ve Veritas undercover matter what been hiding in investigators as well as Scott the legal and your closet for Foval, National the past couple ethics people say, Field Director at of years, you we need to win this Americans United are under no for Change. Since motherf**ker!” delusion about the release of the the integrity two videos to the right, Foval has of the Clintons and the Clinton been terminated and Creamer machine. There is the neverhas resigned under pressure as ending and ever-broading private the DNC, who knew full-well what email scandal. There is the playthese two were doing, struggled for-pay schemes at the Clinton to distance themselves from the foundation involving hundreds expose. of millions of dollars of personal enrichment for both Hillary & Bill Watch the videos. They speak and their “foundation.” for themselves, but you will be left disturbed by the level of But until you watch the second corruption and the lack of core video, you will never understand values that exist within the DNC, just how deep and systemic the the Clinton Campaign and the corruption goes. They’ve been Democrat Party. Wonder about all organizing election fraud on a those news reports about Trump massive basis. Giving these folks supporters beating up protesters the key to the White House is like at the rallies? It was entirely staged allowing the Mafia to guard Fort by the Democrats to skew the Knox. Table of Contents
November 2016
PART I: DEM OPERATIVES TELL HOW THEY ARRANGE FOR VIOLENT AGITATORS AT TRUMP RALLYS
PART II: DEMOCRATIC OPERATIVES TELL HOW THEY COMMIT VOTER FRAUD ON A MASSIVE SCALE
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THE INSIDE TRACK - BREAKING NEWS Comcast Fined
Image Credit: Creative Commons
D
o you think you’ve been over-billed by Comcast? Charged for premium services or set-top boxes you did not order? Or just forced to sit through their ridiculous customer service process to resolve a billing issue? You may be pleased to know they’ve been fined $2.3 million by the FCC’s Enforcement Bureau last month in what has been described as the largest the agency has ever issued against a cable company for allegedly including services not “affirmatively requested” by the consumer. Under the consent decree, Comcast will be required to: 1) Send customers an order confirmation separate from any other bill, “clearly and conspicuously” describing newly added products and 24
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their associated charges. 2) Offer to customers, at no cost, the ability to block the addition of new services or equipment to their accounts. 3) Implement a detailed program for redressing disputed charges in a standardized and expedient fashion and limit adverse action (such as referring an account to collections or suspending service) while a disputed charge is being investigated. The odd part? The government gets to keep the entire $2.3 million. You get squat.
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Forget Everything You Ever Knew About A Heart-Healthy Diet
I
f you are one of those folks at risk for heart disease, you’ve probably been chasing evolving dietary advice from the medical world for decades. Now forget everything you ever knew about avoiding saturated fats, dairy products and red meat. It’s the damn potatoes that are killing you. That’s right, a new study looking at 42
November 2016
Killer P
THE INSIDE TRACK - BREAKING NEWS
Image Credit: Creative Commons
European countries over 16 years pointed to cereals, rice, grains, wheat and potatoes as the real heart-health hazards. High-fat cheese actually showed a protective effect while red meat appeared to have no direct effect on heart disease risk. According to one expert, Potatoes? Dr. Malcolm Kendrick, the author of The Great Cholesterol Con, “The rate of heart disease goes down with a high cholesterol diet which suggests any link between fat, cholesterol and heart disease can now be refuted.”
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with retail insurance agents and brokers throughout the southeastern part of the country. Liz will focus on various lines of coverage, such as property, casualty, professional, excess liability, and inland marine for many classes of business, some including lessors risk, apartments, condominiums, townhome developments, churches, schools, and artisan contractors. Liz has nearly thirty years of insurance experience and she is Liz Parker Joins All-Risk licensed in Florida. Working ll Risks, Ltd., the through all aspects of the industry, Liz is nation’s largest well-rounded i n d e p e n d e n t with carrier, wholesale insurance retail agency brokerage firm, is and wholesale pleased to announce b r o k e r that Liz Parker has experience. joined the Tampa Most recently, office as Brokerage Underwriter, developing and she was a Senior Commercial maintaining relationships Underwriter at Burns &
A
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Wilcox, Ltd. in Tampa, FL. New Estimate:
Trillions of Galaxies
T
he most recent census taken by a team of international scientists using the Hubble Space Telescope has expanded the known, observable universe by a factor of 10 with a new estimate of at least 2 trillion galaxies. Using our own Milky Way Galaxy as an average with 100 billion stars, we can estimate the total star systems in the known observable universe at 200,000,000,000,000,000,000,000 or 2 to the 23rd power. That’s a whole lot of stars, even when you consider the observable universe is about 27 billion light years in diameter. Note: If you postulate that only one out of 100 billion star systems hosts life - you will still have 2 trillion such occurrences. Hope they stay put: Talk about illegal aliens... Want to see more? For more information, visit this link.
November 2016
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SPOTLIGHT
2016 LAAIA TRADE FAIR IMAGES NOW ONLINE! If you had a booth at this popular annual event, the largest in South Florida, your booth is most likely in this collection. To view the entire collection, click on the image below.
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(800) 229-2009 ext 3 Mention code UWI sales@accuagency.com Request more info at http://accu.agency/UWI Table of Contents
November 2016
NEWS WASHINGTON INSURANCE AGENT PLEADS GUILTY TO STEALING FROM CLIENTS WOMAN PLEADS GUILTY TO ATTEMPTED THEFT IN PAY-AS YOU CRASH SCHEME
found evidence that Guzman insurance policy from Progressive misappropriated insurance Insurance on April 13, 2015. On premiums exceeding April 14, she filed $6,100 from six clients. a claim for damage However, one of the to her 2010 Ford checks he deposited Explorer that she didn’t clear the bank, said occurred in LYMPIA, Wash. – Two bringing the actual a collision with people in Eastern amount of the theft to a deer that day. Washington pleaded $5,468. Investigators guilty to felony charges related found evidence the to separate insurance fraud The insurance agency collision happened cases investigated by Insurance fired Guzman and Gregory M. Guzman, 51 April 12, before Commissioner Mike Kreidler’s notified Kreidler’s office, she purchased Special Investigations Unit (SIU). as required by state law. Guzman’s insurance. license to sell insurance was Gregory M. Guzman, 51, of revoked in September 2014. Kreidler’s SIU investigates Spokane, pleaded guilty in insurance fraud and works with Spokane Superior Court to Martha Garibay, 36, of Chelan, the Attorney General’s Office and second-degree theft of nearly pleaded guilty in Chelan County local prosecutors to prosecute $5,500 from six former insurance Superior Court to attempted criminal cases. Insurance fraud clients after an investigation. s e c o n d - d e g r e e costs the average family $400 Gregory M. Guzman theft. She was to $700 per year in increased sentenced to premiums. Consumers can report Guzman was an 364 days in jail, suspected insurance fraud on insurance agent at a with 10 of those the Insurance Commissioner’s Spokane insurance days converted website. agency. According to to 80 hours of the investigation, the community service, insurance agency’s and the remainder manager found evidence of the time FREE in November 2013 that a CLASSIFIEDS! suspended. She local business’ insurance will be supervised premiums were missing. Martha Garibay, 36 for two years and HELP WANTED — POSITION Bank records showed must pay $700 in court Martha WANTED 4 — SALE ITEMS the money was deposited into Garibayfees. Guzman’s personal account.
O
Kreidler’s
investigators
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According to the investigation, Garibay purchased an auto Table of Contents
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HILARIOUS N.KOREAN PROPAGANDA VID: “DEAR LEADER” KIM JONG UN PRETENDS TO FLY A PLANE...
NEW U.S. NAVY ZUMWALT CLASS STEALTH DESTROYER RADICALLY DIFFERENT & LETHAL
UNBELIEVABLE VINTAGE ADS
N
othing illustrates the changes in our national culture better than vintage ads from the Mad Men era - many of which would be considered overthe-top sexist, politically incorrect or just plain dopey today.
D
r. Batty was batty, it seems, offering cigarettes as a fix for asthma, hay fever, foul breath and “all deseases of the throat, head colds, canker sours (SIC) and bronchial irritations. “ While not “recommended for children under 6,” it was apparently perfectly fine for a 7 year old with to be puffing away on a Dr. Batty Asthma smoke. Crazy.
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November 2016
“The Final Authority on Everything!” WARNING!
The Advisor has been known to be politically incorrect and may send certain Millennials scurrying to their safe space. Also not recommended for Progressives who are easily offended. Please read at your own risk.
Election Fraud Or A Right-Wing Conspiracy?
I
think you f*****g Republicans are paranoid about election fraud. I know you are a big f*****g Trump fan and are making excuses in advance why he will lose. J.J. Dallas, TX
ADVISOR
the largest criminal enterprise since La Cosa Nostra: Hillary Clinton. As to election fraud, I defer to recent statements of that great political pundit George Will: “It is hard to think of an innocent reason why Democrats spend so much time, energy, and money, scarce resources, resisting attempts to purge the voter rolls, that is to remove people who are dead or have otherwise left
the jurisdiction. It’s hard to think of an innocent reason why they fight so tremendously against voter I.D. laws. They say, well, that burdens the exercise of a fundamental right. The Supreme Court said that travel is a fundamental right. No one thinks that showing an I.D. at the airport burdens that fundamental right. We know — we don’t surmise. We know that the 2010, ’12, and ’14 elections were rigged by the most intrusive and potentially
(Editor’s Note: There was more to this note, but so filled with obscenities it could not be re-printed here)
Thanks J.J. - It’s always great to hear from a deepthinker on the left. First I am no Trump fan. He would be my last choice as a Republican nominee - yet he will be infinitely better leading this country then the head of 32
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November 2016
Meanwhile, in Indiana, “Given the fact that punitive institution of as I write, there is a the Statewide Voter the federal government, voter registration fraud Registration System has the IRS. You can read all investigation going on in not been compromised, about it in Kim Strassel’s 56 counties. The Indiana we believe the reports book The Intimidation Secretary of State said her Secretary Lawson turned Game. She’s familiar to office found “thousands of over yesterday may serve all Wall Street Journal registrations that had birth as evidence of forgery readers... So this by representatives is not a surmise. It’s hard to think of an associated with And I have talked innocent reason why [the the Indiana Voter to lawyers in a Democrats] fight so tremendously Registration Project, position to know, which is a subsidiary they say it’s still against voter I.D. laws.” organization of a going on — that group that calls itself the IRS is still intolerably dates and first names changed Patriot Majority USA” - a delaying the granting and that they were changed laughably named group of tax-exempt status to on forms filed at Bureau of that has accused the state conservative advocacy Motor Vehicles. State Police of suppressing minority groups to skew the Superintendent Doug Carter votes. persuasion of this said, campaign.”
See Election Fraud Pg 36
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Experienced CSR Wanted - Broward Co.
Join our team... A & H Insurance is looking to hire a motivated team member to quote, write & service new & existing customers. Must have active 440 License (we will pay the pre-licensing course for the right candidate) Bilingual a must! Fax resume to:954-251-1423 or email: darlene@autohomeins. net 16-7
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220/440 Lic. Ins Agent Needed - Boca Raton, FL 33433 Looking for inside / outside lic. experienced sales rep. Must know QQ/QF, Semcat and other software packages. Efax resume to 954-908-7001. Great office. 16-11 Regional Outreach Coordinator wanted
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Experienced Agency Marketing Representative Mature, 2-20 licensed agent, experienced in both commercial and personal lines underwriting and sales. Has a following of brokers/agents throughout the State of Florida. Looking to market insurance products through independent agencies and brokers. toogreatt@yahoo.com 16-6
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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
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Cont’d... 2-20/4-40 COMMERCIAL LINES MIAMI DOWNTOWN LOOKING FOR A 2-2O OR 4-40 TO HANDLE COMMERCIAL LINES WITH 1 YEAR EXPERIENCE, PERSONAL LINE KNOLEDGE APPRECIATE , NEED TO SPEAK AFLUENTLY ENGLISH AND SPANISH, WITHOUT PROBLEM TO WORK IN DOWNTOWN MIAMI SEND RESUME DOLORES@JONRAYINSURANCE.NET PH: 305-883-4604 16-9
Continued From Page 33
ELECTION FRAUD (They are neither patriots nor a majority - but corrupt far-left organizations love to brand themselves as something positive.} Now, with the James O’Keefe Veritas Project undercover videos coming out (see Page 22) there can be little doubt that the Democrats have been rigging elections for decades. Now you can hear it direct from their corrupt mouths. 36
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North Atlanta Personal LInes Producer Wanted We offer a Cobb/Cherokee work environment with access to many top companies. base + commission, extensive marketing support and a strong referral program. The candidate would acquire an equity position in the agency within a few years based on experience and results. This is a sales and marketing driven position and involves management of a small staff within a commercial oriented agency. presidentsac@yahoo.com 16-9
How far up the Democrat ladder does the corruption go? Well, here’s a clue: Bob Creamer, the cynical, corrupt “fixer” highlighted in the videos and now fired or retired, after the public release of the videos, visited the White House 340 times - including 42 visits with President Barack Obama! Think they were swapping recipes? Or colluding on election fraud?
Medicare Supplement Agents Wanted. Tampa and Tri-County Area No sales experience required, will train upon appointment. Need Health and Life License.Great Commissions with 'A'rated Company. Many other insurance products to offer with this great company. Commissions are paid for life and transferable to beneficiaries. Please contact: Charlotte T. Kocian - GA email: agent.char@yahoo.com 16-9
internal emails showing collusion and communication between news organizations and the DNC. It is one more method the Democrats use to skew elections.
The negative news coverage these “news” organizations produce on Trump is normally 10 times the volume of what they run on Hillary - and it ain’t like there is no negative news Little will be heard about any on Hillary. of this on the mainstream media. CNN, ABC, MSNBC, There is election fraud J.J. - and CBS - these organizations are the Democrats own it. The vast little more than mouth-pieces majority of Democrats may for the Democrat party - as be sincere and honest, but the was recently demonstrated by party and its leadership are the Wikileaks release of DNC corrupt and corrupters. Table of Contents
November 2016
NEWS
SPEAKING PUBLICLY FOR THE 1ST TIME, FORMER ARKANSAS NEWS REPORTER OFFERS GRAPHIC DESCRIPTION OF HOW SHE WAS SEXUALLY ASSAULTED BY BILL CLINTON ON 3 SEPARATE OCCASIONS
If the allegations are true, and the complainant appears very credible, Bill Clinton is not merely crude, but a serial sexual predator and should never again be allowed within miles of our White House. WARNING: GRAPHIC
VIEW THE FAMOUS OBAMA WORKOUT! (Now Banned On YouTube...)
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November 2016
37
Notable Quotes In The News
SAY WHAT? The “Kaepernick Effect”
T
he NFL allowed players to exercise their freedom of speech rights by protesting the national anthem, fans are in turn exercising their same rights by changing the channel, and yet the league continues to deny that the boycotts over the anthem protests are having any effect on the ratings. Is it the only cause of the 11 percent (and growing) decline? No. But it’s one of the causes, a significant one, and one that could be permanent if the league continues to sweep the issue under the rug.”
Image Credit: Creative Commons
Matt Dolloff a writer for CBSBostonSports.com, commenting on the big decline in NFL viewership and the reduction in ad revenue that goes with it due to the “Kaepernick Effect.” Colin Kaepernick is a back-up quarterback for the San Francisco 49ers who refused to stand for the National Anthem in support of Black Lives Matter.
Clintons To Scam Haiti Again?
A
ddressing Haiti is a debacle for [Bill and Hillary Clinton]. It brings up the 2010, Michel Martelly presidential election that Hillary Clinton and, her longtime consigliore, Cheryl Mills, help to doctor. It brings up their association with the convicted fraudster Claudio Osorio, who never 38
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built any of the 10,000 housing units in Haiti that the U.S. government put in a $10 million grant for him to build, and which the Clinton team heavily facilitated. It brings up the pay-to-play, money laundering scheme they call the ‘Clinton Foundation.’ The Clintons cannot justify why they prey on hurt quake victims and poor “Show Me The Money!” Haitians to put money in their Foundation – a slush fund where 85 percent of the money collected goes to salaries, travel, luxury hotels, dinners and overhead, all tax free. Hillary Clinton helped herself in Haiti. She gave her brother [Tony Rodham] a 25-year gold mining contract in Haiti. She and her whole family are going to benefit off the back of Haitians. Hillary Clinton is an ambitious woman who just wants to make history and benefit the 1 percent. She’s a criminal and a thief. No person of color should vote for Hillary Clinton.” Acclaimed Haitian-rights activist Ézili Dantò holding no punches during a protest on October 6th in front of the New York State Attorney General Eric Schneiderman’s office on Wall Street. The Clinton Foundation scandals and corruption seem to have no end as they leached off of Haitian relief funds after the 2010 earthquake. Haitians fear Hurricane Matthew will give a new opportunity for the Clinton Foundation to pull off another scam.
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November 2016
Podesta: Too Bad It Was A Muslim And Not A White Guy
B
Image Credit: Creative Commons
etter if a guy named Sayeed Farouk was reporting that a guy named Christopher Hayes was the shooter.” A rare look into the black soul of Hillary’s campaign offered by the Wikileaks release of John Podesta’s hacked emails. Podesta, chairman of Hillary’s presidential election campaign, was responding to CNN’s Chris Hayes reporting that one of the two shooters in the San Bernadino attack was named Sayeed Farouk - clearly a Muslim. Podesta was lamenting it did not fit the Democrat narrative that Islamic Terrorism and Islamic immigration was not a problem BUT angry white men with guns were. This is a perfect example of how the Democrats politicize EVERYTHING from hurricanes to mass shootings in an attempt to advance their progressive agenda. They showed not the slightest real concern for the victims of the Islamic terrorist attack only lamenting John Podesta Chairman of Clinton the facts which Presidential Campaign prevented them from employing the false narrative which would have advanced their progressive agenda. Sadly, they have been able to fool about half the country with their subterfuge...
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Loretta Lynch Pleading The 5th?
I
t is frankly unacceptable that your department refuses to answer straightforward questions from the people’s elected representatives in Congress about an important national security issue. Your staff failed to address any of our questions, and instead provided a copy of public testimony and a lecture about the sensitivity of information associated with this issue. As the United States’ chief law enforcement officer, it is outrageous that you would Loretta Lynch essentially U.S. Attorney General plead the fifth and refuse to respond to inquiries,” they stated. “The actions of your department come at time when Iran continues to hold Americans hostage and unjustly sentence them to prison.” From a letter to Attorney General Loretta Lynch by Sen. Marco Rubio (R., Fla.) and Rep. Mike Pompeo (R., Kan.) after Attorney General Loretta Lynch refused to comply with a congressional demand to turn over documents and answer questions on Secret Iran ‘Ransom’ Payments the Obama Administration in exchange for hostage release.
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BACK ISSUES
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BACK ISSUES
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NEWS RELEASED FBI DOCS SHOW HILLARY “CLINTON’S TREATMENT OF [SECRET SERVICE] AGENTS WAS SO CONTEMPTOUS THAT MANY OF THEM SOUGHT REASSIGNMENT OR EMPLOYMENT ELSEHWERE.”
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www.zalma.com • web log, “Zalma on Insurance” • videoblog, “Zalma’s Insurance 101”
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INSURANCE & THE LAW argue that they relied upon the “specialized knowledge” of Chartis. To the Fifth Circuit this argument makes little sense, as Chartis was hardly in a superior claims. The Tesoro Parties argue position to know which entity that limitations did not begin purchased the refinery, i.e., to run until they discovered the which entity was likely to be most directly liable for any alleged mistake in the policy. environmental problems. It The argument failed because issued the policy as requested it has long been the law in by the Tesoro Parties and there Texas that receipt of a policy was no evidence that Chartis containing a mistake does not was aware of the secret intent bar a later claim for reformation of the Tesoro Parties. if the insured offers proof that when he received it he put it away There was no evidence that without examination, or that he Chartis was told or otherwise relied upon the knowledge of knew that Tesoro Refining the insurer and supposed he actually owned the refinery in had correctly drawn it. In other question and to therefore draft words, an insured is not deemed the policy to include Tesoro to have accepted the terms of Refining as an additional insured a policy simply by receiving it (i.e., a policy that covered both Tesoro Corporation without argument. and a separate entity, Tesoro The Fifth Circuit considered Refining). Therefore, the Fifth concluded that the that the four year statute of Circuit limitations runs from the time Tesoro Parties did not raised a the injury occurred—according genuine issue of material fact to the well-settled “legal injury and pointed to no evidence that rule,” Murphy v. Campbell, 964 they ignored the policy without S.W.2d 265, 270 (Tex. 1997) — or reading. Continued From Page 9
ZALMA
whether, through application of the discovery rule, it runs from the date “the plaintiff knows or, by exercising reasonable diligence, should know of the facts giving rise to the claim.” Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667, 675 (5th Cir. 2013). On the merits, the Tesoro Parties www.underwritersinsider.com
However, even if the Fifth Circuit was to assume, solely for the purpose of argument, that the claim is not barred on the merits for the Tesoro Parties’ failure to question the policy when they received it, the claim was nonetheless filed too late. The Tesoro Parties sued for Table of Contents
reformation many more than four years after the 2002 “mistake” was made. Thus, the parties argue over the application of the discovery rule here. The Texas Supreme Court’s holdings in Comput. Assocs. Int’l, Inc. v. Altai, Inc., 918 S.W.2d 453, 456 (Tex. 1996), and S.V. v. R.V., 933 S.W.2d 1, 6–7 (Tex. 1996), explained that the discovery rule applies only where “the nature of the injury [is] inherently undiscoverable and … the injury itself [is] objectively verifiable….”
See ZALMA Pg 47
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TECHNOLOGY Continued From Page 7
KIM KOMANDO a little more precise than, “Well, it seems slow.” One free testing service is Speedtest.net. It’s simple to use but gives plenty of detailed information. Before you begin a Speedtest, make sure everything is properly set up. If you’re running Speedtest on a desktop or laptop, plug it directly into your router or cable modem. Don’t use a gadget on WiFi since Wi-Fi has its potential speed problems that can skew results. You should also make sure that none of your other household gadgets is using the internet. Stop any video streaming, file downloads or online gaming. You will get lower figures if something is hogging your connection while you are performing the speed test. By the way, if you want to know who is the bandwidth hog in your home, click here for the steps to uncover that mystery.
for Megabits per second and “kbps” If the speed is stands for kilobits per second. 1,000 One test isn’t kbps is equal to 1 going to tell Mbps. Once the test is complete, you can try it again or run another test with a different server. To use a different server, just hover over a green dot on the map screen and click on a server name or location. For the best speed comparison, it’s best to use the same server.
you much. Run tests for a few days in the morning, noon or afternoon and evening. If you’re up late, run tests then, too. You’re looking for any time-based slowdowns.”
Reading your test results One test isn’t going to tell you much. Run tests for a few days in the morning, noon or afternoon and evening. If you’re up late, run tests then, too. You’re looking for any time-based slowdowns.
At the top of the Speedtest page, click the “Results History” link to see your past speed tests. The chart depicts how your speed is Go to Speedtest.net and click changing over time. the green “Begin Test” button. It will automatically select the best If the numbers are fairly consistent, server near you and then run tests match them to the numbers to figure out your download and your provider says you should be upload speed. Don’t worry if your getting. It won’t match exactly, but upload number is much lower if the average is 75% or less of what than your download speed. That’s your provider advertises, you need normal. to call the company and alert them to the problem. Helpful reference: “Mbps” stands 46
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50% slower, ask to pay the same amount as the next tier down. In both cases, politely request for a prorated credit on your account or other concessions.
If you have inconsistent numbers based on the time of day, see how the highest number compares to your internet plan. You might have another problem with your connection. If you modem is more than a few years old, there are faster and more reliable standards. It’s never worth renting a modem from your provider. Buy your own to save money. Click here for my modem buying guide. The same holds true if your router is older. Click here for a review of the best routers to speed an internet connection. You can even try a few settings tweaks of your own, such as changing the DNS settings. Don’t be afraid to shop around for another connection. If there aren’t any other cable providers in your vicinity, and your provider is being unhelpful, consider complaining on social media. That seems to get the right people’s attention. November 2016
NEWS Finding the best tech solution is one of things I discuss on my national radio show. From buying advice to digital life issues, be sure to listen or download the podcasts. Click here to find your local radio station. If you are looking for topics about everything digital that you can listen to on your phone, tablet or computer, click here for my free podcasts. Copyright 2016, WestStar Multimedia Entertainment. All rights reserved. Kim Komando hosts the nation’s largest weekend radio talk show as she takes calls and dispenses advice on today’s digital lifestyle. Visit Komando.com for free podcasts, videos, product reviews, shows, tips, and advice.
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ZALMA The Tesoro Parties were unable to point to any basis for concluding that the injury in this case — the alleged mistake over which entity was covered — is inherently undiscoverable. Indeed, the mistake is evident from the face of the document. Texas cases since 1996 have determined the discovery rule does not apply to delay the accrual of the cause of action in such situations. ZALMA OPINION Corporate risk managers are charged with protecting the corporation and must read the policy received and correct any errors. I just received a policy that identified the named insured as the non-existent “BZ Inc.,” rather than the true entity “Barry Zalma, Inc.” I caught the error when the policy was received and immediately required the insurer to endorse the policy to name the proper insured. The Tesoro Parties failed to catch – what it now claims was an error by the insurer – by doing nothing about it for more than four years, thereby defeating their reformation claim because of the statute of limitations.
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