IN THIS ISSUE September 2016 Vol 12 Issue 9
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NORTH CAROLINA AGENT CHARGED WITH FALSIFYING INSURANCE APPLICATIONS
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Department of Insurance criminal investigators accuse Spears of using fictitious information on life insurance applications.
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6 SURPRISING THINGS YOU CAN DO WITH YOUR SMARTPHONE With more than 2 million apps in the Apple App Store and 2.2 million in Google Play, there are tons of things you can do with your smartphone...
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PRIMARY INSURER’S FAILURE TO SETTLE WITHIN LIMITS ALLOWS EXCESS INSURER TO SUE A primary insurer owes the same good faith and fair dealing to an excess insurer to settle within policy limits that it has owed to the insured.
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GA AGENCY OWNER AND BOYFRIEND BUSTED FOR ALLEGED WORKERS’ COMP INSURANCE FRAUD An investigationhas led to the arrest of a Leesburg Insurance Agent and the agent’s boyfriend.
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SIXTEEN PEOPLE CHARGED IN $175 M INSURANCE FRAUD 16 defendants have been charged with participating in a massive fraud scheme.
INSURANCE FRAUD FOR DUMMIES: FT. LAUDERDALE WOMAN ALLEGEDLY FAKES COMP INJURY WHILE ON VIDEO CAMERA The DFS today announced the recent arrest of Sheyla Veronica White on fraud charges
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CA ALLSTATE AGENT BUSTED FOR INSURANCE FRAUD The investigation revealed McGinley had misrepresented information on over 100 homeowner and auto policies...
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MISSISSIPPI INSURANCE DEPT. ISSUES CEASE AND DESIST ON WAYNESBORO AGENCY Agency developed and pursued a scheme whereby premiums received from insureds were not forwarded to the insurance companies
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The Clearwater Underwriter’s Story - how a small family startup grew to be one of the best known MGAs on the West Coast
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CLINTON SPENT MOST OF HER TIME AS SECT’Y OF STATE MEETING WITH FOUNDATION DONORS The Hillary Clinton “America For Sale” scandal deepens with damning AP report...
JACKSONVILLE P.I.P. SCAM COSTS INSURORS $45,000 - 4 ARRESTED personal injury protection (PIP) scheme that defrauded numerous insurance companies for a total of at least $45,000.
IS THIS THE END OF ALZHEIMERS? A new drug, Aducanumab, about to enter the next round of testing in hospitals around the UK has hown “tantalizing” results in preliminary studies.
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FAMILY-RUN FLORIDA MGA MOVES INTO 25TH YEAR WITH NEW PROGRAMS AND CONTINUED GROWTH
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$57 Million Medicare Fraud Scheme Busted The owner of three nowdefunct Miami-area home health agencies was sentenced today to 240 months in prison for his role in a $57 million Medicare fraud.
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 than any book!
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THE NECESSITY OF JOB DESCRIPTIONS Job descriptions have become extremely important to all employers because they have become an integral part of regulatory compliance.
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MIAMI INSURANCE AGENT SENTENCED TO PRISON FOR GENERATING FAKE POLICIES Upon learning of Rodriguez’s misconduct, Bentrust’s owner fired Rodriguez, generated and paid for the appropriate insurance policies...
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VOTE THE PARTY OR THE CANDIDATE? The Insider Advisor Gives Some Politically Incorrect Advise on a timely topic...
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MASSIVE COMP SCAM DISCOVERED IN MIAMI
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Macias illegally avoided more than $400,000 in workers’ compensation insurance premiums, leaving his employees at risk of covering health and lost wage costs
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ARRAIGNMENT SET FOR INSURANCE AGENT ON FELONY ID AND GRAND THEFT CHARGES
IN RESPONSE TO CULTURAL SUICIDE... Just one year’s increase in population of the African continent is quite sufficient to drown European civilization forever.
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FINALLY - A UNIVERSITY WITH COURAGE - NO SAVE SPACES OR TRIGGER WARNINGS! We do not condone the creation of intellectual ‘safe spaces’ where individuals can retreat from ideas and perspectives at odds with their own.”
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DUKE PROFESSOR TELLS THE TRUTH - HE MUST BE A RACIST Prof. Jerry Hough mans-up and tells the truth about why liberal policies have failed Blacks...
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HILLARY CLINTON SUFFERING FROM NEUROLOGICAL DAMAGE? Analyst adds up the clues and reaches a startling conclusion: Watch the Vid!
VERTAFORE ENHANCES NAVIGATION CAPABILITIES IN VERTAFORE AGENCY PLATFORM Vertafore, the leader in modern insurance technology, announced new product enhancements to QuickNav in the latest release of Vertafore Agency Platform™
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NEWS
NORTH CAROLINA AGENT CHARGED WITH FALSIFYING INSURANCE APPLICATIONS
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ALEIGH -- Insurance investigators accuse Spears of Commissioner Wayne using fictitious information on Goodwin today life insurance applications to earn announced the arrest $4,700 in payment of James Stevie Spears, from Bankers 44, of 3316 Auburn Life and Casualty Drive, Fayetteville; between August he is charged with 2015 and October one count each of 2015. Investigators obtaining property allege Spears by false pretense submitted 16 and providing a false fraudulent statement on an life insurance insurance application. applications for individuals who Commissioner Department of did not exist. Wayne Goodwin Insurance criminal Spears was arrested on Aug. 23 in Cumberland County and released under a written promise.
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The Department of Insurance employs 20 sworn state law enforcement officers dedicated to investigating and prosecuting claims of insurance and bail bonding fraud. Since Insurance Commissioner Wayne Goodwin took office in 2009, criminal investigators have made more than 1,500 arrests, resulting in more than 750 criminal convictions with more than 250 cases currently pending court. These efforts have delivered more than $72.1 million in restitution and recoveries for victims. Table of Contents
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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
6 SURPRISING THINGS YOU CAN DO WITH YOUR SMARTPHONE
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Really Cool Info - by Kim Komando
ith more than 2 million apps in the Apple App Store and 2.2 million in Google Play, there are tons of things you can do with your smartphone beyond making calls and texting. Here are some of the most innovative apps that make your smartphone do things you’ve never imagined.
You don’t have to be a fitness enthusiast to benefit from this app. It’s also helpful if you have a medical condition such as cardiovascular disease or diabetes and need to monitor your heart rate closely. When I tested the app, it was within a beat or two of manually measuring my heart rate.
Instant Heart Rate is an app that uses your phone’s camera and flash to take a reading of your pulse. Just place your index finger on the camera and the app will automatically measure your heart rate by detecting color changes.
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2. Hunt for treasure One of the most unexpected things your smartphone can do is search for metal. If you own an iPhone, download a free app called Metal Detector. This app taps into your phone’s built-in magnetometer, which helps your phone detect the X,Y, Z axes for things like the compass.
1. Measure your heart rate
The app also collects data from each reading to create charts that help you monitor your heart rate over time. Plus, you can add tags and notes such as “Just woke up,” “Before bed,” “Exercising,” and “Resting,” to make your tracking more effective.
users. However, there is also a Pro version (Apple, $2.99 / Android, $1.99) that’s adfree and offers unlimited data tracking. Click here to learn more about Instant Heart Rate, and get download instructions.
Metal Detector won’t detect everything that’s metal, but don’t discredit its ability. Point your phone’s camera toward the metal objects and turn up the dial to increase the intensity. You’ll be surprised by the things it picks up. The app detects any metal that is magnetic. A free basic version is available for both Apple and Android Table of Contents
See Kim Komando Pg 46 September 2016
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INSURANCE & THE LAW
PRIMARY INSURER’S FAILURE TO SETTLE WITHIN LIMITS ALLOWS EXCESS INSURER TO SUE Expert Analysis & Commentary by Barry Zalma, Esq., CFE Excess Insurer Can Recover From Primary Excess of Limits from Primary
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primary insurer owes the same good faith and fair dealing to an excess insurer to settle within policy limits that it has owed to the insured since the California Supreme Court created the tort of bad faith in Crisci v. Security Ins. Co. (1967) 66 Cal. 2d 425, 429 [58 Cal. Rptr. 13, 426 P.2d 173]. The California Court of Appeal was asked to apply the same covenant of good faith and fair dealing to a primary insurer who failed to accept a settlement within policy limit, without a judgment, to an excess insurer who contributed to a settlement it claimed would have not been necessary, in ACE American
Insurance Company v. Fireman’s Fund Insurance Company, Court of Appeal, Second District, Division 4, California, 2016 WL 4156686, B264861 (8/5/2016)
Fireman’s Fund policies.
FACTUAL BACKGROUND
In July 2010, John Franco was working on a film set when a INTRODUCTION special effects accident caused him to suffer serious injuries. Ace American then sued Fireman’s Franco’s injuries included pelvic Fund for equitable subrogation, crush injuries, a broken hip, alleging that the injured worker fractures to both femurs, crush initially offered to settle his case injuries to both knees, broken tibias and fibulas, broken ribs, a punctured lung, and soft tissue injuries to his face. Franco Join Barry Zalma’s new Blog: alleged that the incident left http://www.zalma.com/blog him with permanent nerve pain, an eye injury, urinary and within the limits of the Fireman’s sexual dysfunction, and fear and Fund policies, and that Fireman’s depression. Fund unreasonably rejected those settlement offers. Ace In April 2011, Franco and his American alleged that as a result, wife sued Warner Brothers it was required to contribute Entertainment, Inc. and related to the eventual settlement, entities for damages and loss which exceeded the limits of the of consortium. Fireman’s Fund provided the Warner Brothers
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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September 2016
entities a primary insurance policy with a $2 million limit, and an umbrella insurance policy with a $3 million limit. Ace American provided the Warner Brothers entities an excess insurance policy with a $50 million limit. Fireman’s Fund defended the Warner Brothers entities in the Francos’ lawsuit. In April and May 2012, the Francos made settlement demands within the limits of the Fireman’s Fund policies. According to Ace American’s complaints, the demands were reasonable and supported by substantial evidence, but Fireman’s Fund “failed and/or refused to pay those demands within [the insurance policies’] limits.”
Ace American alleged that the Francos’ settlement demands within the limits of the Fireman’s Fund policy were reasonable, and there was a substantial likelihood that a jury verdict would exceed the limits of the Fireman’s Fund policies.
Fund’s demurrer without leave to amend. The court held that until the judgment is actually entered, the mere possibility or probability of an excess judgment does not render the refusal to settle actionable.
After a detailed analysis of the earlier case law the court took away the limitation that there be an excess of limits judgment before an insured or an excess insurer standing in the shoes of the insured, can recover bad faith damages from a primary insurer. The existence of excess insurance that prevents the insured from being personally damaged, does not protect the primary insurer from a bad faith suit when an eventual settlement exceeds the primary limit.”
In October 2012, the Francos settled their lawsuit “for an amount substantially in excess” of the limits of the Fireman’s Fund policies. According to Ace American, Fireman’s Fund “consented to the settlement and contributed to it”, and Ace American contributed the amounts in excess of the Fireman’s Fund policies’ limits.
Primary coverage is insurance coverage whereby, under the terms of the policy, liability attaches immediately upon the happening of the occurrence that gives rise to liability. While excess or secondary coverage is coverage whereby, under the terms of the policy, liability attaches only after a predetermined amount of primary coverage has been exhausted. Fireman’s Fund is the primary insurer, and Ace Fireman’s Fund demurred, American is the excess insurer. arguing that the rights of an excess insurer such as Ace American California recognizes an implied derive from the rights of the duty on the part of the insurer insured, Warner Brothers. As such, to accept reasonable settlement an excess insurer may only sue demands on [covered] claims for equitable subrogation if there within the policy limits. An has been a judgment against the insurer’s liability for failing to insured that exceeds the limits of accept a reasonable settlement the primary policy. Because the offer is imposed not for a bad Franco lawsuit settled and there faith breach of the contract but was no judgment against Warner for failure to meet the duty to Brothers, Fireman’s Fund argued, accept reasonable settlements, a Ace American could not sue for duty included within the implied equitable subrogation.
Ace American sued Fireman’s Fund for equitable subrogation and breach of the covenant of good faith and fair dealing. The trial court sustained Fireman www.underwritersinsider.com
DISCUSSION
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NEWS
GEORGIA AGENCY OWNER AND BOYFRIEND BUSTED FOR ALLEGED WORKERS’ COMP INSURANCE FRAUD
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n investigation conducted by the Georgia State Board of Workers’ Compensation’s Enforcement Division has led to the arrest of a Leesburg Insurance Agent and the agent’s boyfriend. Malinda Alison Pedigo, age 44, was arrested Tuesday afternoon, August 23, 2016, and booked into the Lee County Jail, according to the Enforcement Division’s Director Stan Bexley. Pedigo, the owner of Lee Affordable Insurance Agency located at 1481-C US Highway 19, South, Leesburg, Ga. has been charged with 3 (three) counts of felony insurance fraud and 1 (one) count of Felony Conspiracy to Commit a Crime. Pedigo’s boyfriend, Christopher Joel Dowdy, also a resident of Lee County, was arrested Wednesday morning, August 24, 2016, following a brief stand-off with an Enforcement Division Investigator and Deputies from the Lee County Sheriff’s Office.
investigation alleges that Pedigo, a Georgia licensed insurance agent, and Dowdy, who installs windows and vinyl siding, conspired together in creating several fraudulent certificates of insurance that purports Dowdy having workers’ compensation insurance.
Malinda Alison Pedigo, 44
Dowdy was transported to the Lee County Jail and charged with 1 (one) count of Felony Insurance Fraud and 1 (one) count of Conspiracy to Commit a Crime. The 10
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Christopher Joel Dowdy
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Both Pedigo and Dowdy then presented the bogus certificates to a Lee County General Contractor. Based on evidence obtained during the investigation it was determined Dowdy was uninsured costing the general contractor over $21,000.00 in additional premium. The case is still being investigated by the Enforcement Division and additional charges are anticipated in the near future. If any business owner in the Albany / Leesburg, Ga, area has received a certificate of workers’ compensation insurance from Lee Affordable Insurance or Christopher Dowdy, you are asked to contact the State Board of Workers’ Compensation’s Enforcement Division at (404) 657-7285 or (800) 533-0682. The Enforcement Division encourages anyone who receives a certificate of workers’ compensation insurance coverage to verify the certificate either by using the State Board’s website or by contacting the insurance company directly. All other lines of insurance coverage such as auto, home or general liability should be verified directly with the insurance carrier. September 2016
NEWS
SIXTEEN PEOPLE CHARGED IN $175,000,000 INSURANCE FRAUD SCHEME
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ixteen defendants have been charged in federal court with participating in a massive insurance fraud scheme. Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Office, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Michael J. Satz, Broward State Attorney, announced today the filing of a five-count Information.
The defendants concealed from the health insurance providers that the defendants made illegal kickbacks to physicians for the issuance of the compounded medications. The defendants unlawfully provided the physicians with pre-printed prescription pads. In order to facilitate the fraudulent scheme, the defendants used mass marketing techniques and call centers, which made material misrepresentations in order to solicit potential patients. The defendants induced owners of failing pharmacies throughout the United States in order to perpetuate the fraud. “
A criminal Information charges sixteen defendants for their participation in a complex fraud scheme regarding the manufacture and distribution of compounded medications. The fraud involved material misrepresentations to health insurance providers and illegal payments to coconspirators and medical professionals, including physicians. The fraud generated in excess of $175,000,000 in criminal proceeds for the members of the criminal enterprise. The
defendants
are
charged
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with varying offenses in the Information. Clifford Carroll, 36, of Boca Raton, FL, is charged with conspiracy to commit racketeering, in violation of Title 18, United States Code, Section 1962 (Count 1). Todd Stephens, 52, of West Palm Beach, FL, Tim Clinton, 30, of Delray Beach, FL, Table of Contents
Joel McDermott, 41, of Boca Raton FL, Michael Kenna, 30, of Delray Beach, FL, Todd Hanson, 47, of Zephyr Cove, NV, and Lisa Goldberg, 51, of Fort Lauderdale, FL, are charged with conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h) (Count 2). Christopher Mucha, 30, of Davie, FL, Ian Flaster, 34, of Delray Beach, FL, Kyle O’Brien, 28, of Boca Raton, FL, Rhett Gordon, 43, of Boca Raton, FL, William Earl, 73, of Boca Raton, FL, Frederick Thomas Giampa, 52, of Sharon, MA, Dr. Peter Williams, 56, of New Port Richey, FL, Dr. John Johnson, 54, of Hollidaysburg, PA, and Dr. Brett Nadel, 48, of Roswell, GA, are charged with conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Section 371 (Count 3).
Hanson is also charged with making a materially false statement to federal law enforcement, in violation of Title 18, United States Code, Section See $175 Million Fraud Pg 14 September 2016
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NEWS
INSURANCE FRAUD FOR DUMMIES: FORT LAUDERDALE WOMAN ALLEGEDLY FAKES COMP INJURY WHILE ON VIDEO CAMERA
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White claimed that a sprinkler head fell from the ceiling, bounced off her desk, and struck her in the head. Her employer, Cinque Terre Energy Partners, LLC promptly filed a compensation claim related to the alleged injury. Video surveillance footage later proved a different series of events surrounding the alleged injury.
Sheyla Veronica White
The video clearly shows a piece of a sprinkler head falling onto White’s desk, but it does not bounce and strike her in the Cinque Terre’s insurance head as she alleged. Instead, company, AmTrust North America, the video shows White picking grew suspicious of White’s claim up the broken item, looking and referred the incident to the around to ensure she was alone Division of Investigative and in the room, and then striking 12
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herself in the head with the item. Watch video here. White was arrested and transported to the Broward County Jail. She faces two counts of workers’ compensation fraud, and faces up to five years in prison if convicted. White was previously arrested in 2010 for stealing students’ personal identification information while working as a teacher at Monarch High School in Coconut Creek. Sheyla White was using the named Sheyla Diaz at that time, and she was sentenced to six months house arrest for that offense. This case will be prosecuted by the Office of Assistant State Attorney Sean Wydner,17th Judicial Circuit.
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Forensic Services for review and possible investigation. As part of their subsequent investigation, DIFS detectives requested video footage from Cinque Terre’s security cameras, which confirmed AmTrust’s suspicions T. LAUDERDALE, Fla. – that the claim was fraudulent. The Department of Financial Services’ Division of Investigative and Forensic Services (DIFS) today announced the recent arrest of Sheyla Veronica White following her attempt to fraudulently collect workers’ compensation payments following an alleged on-thejob injury. Watch The Vid!
While faking a workers’ compensation injury, make sure the video camera is off...
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2016
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NEWS Continued From Page 11
$175 MILLION INSURANCE FRAUD 1001 (Count 4). Carroll is also charged with subscribing to a false federal income tax return, in violation of Title 26, United States Code, Section 7206 (Count 5). According to the Information filed today, the defendants participated in a two-year conspiracy, which used various business entities, including Numed Care, LLC, ClinicalCorp, LLC, RX of Boca, and a compounding pharmacy located in Dallas, Texas (hereinafter referred to as “the Texas Compounding Pharmacy”'), to perpetrate a complex fraud on numerous health care insurance providers.
for the alleged costs of the ingredients for such medications. The defendants concealed from the health insurance providers that the defendants made illegal kickbacks to physicians for the issuance of the compounded medications.
and a fine of up to $500,000. Hanson faces a statutory maximum term of imprisonment of 15 years and a fine of up to the greater of $500,000 or twice the amount of the criminally derived property.
Stephens, Clinton, McDermott, Kenna, and Goldberg face a The defendants unlawfully statutory maximum term of provided the physicians with imprisonment of 10 years and a fine pre-printed prescription pads. In of up to the greater of $250,000 or order to facilitate the fraudulent twice the amount of the criminally scheme, the defendants used derived property. Mucha, Flaster, mass marketing techniques and O’Brien, Gordon, Earl, Giampa, call centers, which made material Williams, Johnson, and Nadel face misrepresentations in order to a statutory maximum term of solicit potential patients. The imprisonment of 5 years and a fine defendants induced owners of of up to $250,000. failing pharmacies throughout the United States in order to An Information is only an perpetuate the fraud. accusation and a defendant is presumed innocent unless and Carroll faces a statutory maximum until proven guilty. term of imprisonment of 23 years
The defendants prepared medications in bulk quantities which were alleged to be compounded medications for specific individualized patient needs. The defendants falsely represented to the health insurance providers that these medications were prepared in limited quantities for individual patients and were exempted from FDA inspection. The health insurance providers compensated the defendants 14
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September 2016
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NEWS
CALIFORNIA ALLSTATE AGENT BUSTED FOR INSURANCE FRAUD SCHEME INVOLVING MORE THAN 100 POLICIES receiving a complaint from documentation to justify the McGinley’s previous employer. discounts including forging nursing certificates in clients’ The investigation revealed names to authorize professional McGinley had misrepresented discounts for their policies. information on over 100 McGinley’s scheme resulted in an homeowner and auto policies unknown loss to the insurance AKERSFIELD, Calif. — by manipulating the company carriers who employed her and Vicki Lee McGinley, 58, database and falsifying insurance higher premiums for her clients. a licensed agent, was applications, unbeknownst to Investigators also arrested by the Kern County discovered that after Sheriff’s Department on McGinley was terminated seven counts of identity theft from one insurance and seven counts of insurance company she started fraud after allegedly working for a different misrepresenting policy and insurer and continued her premium information to scheme misrepresenting clients resulting in losses to information to the company her employers and increased and clients. premiums for her clients.
Bakersfield agent arrested for insurance fraud scheme involving more than 100 policies
B
The department has taken “As a licensed agent McGinley appropriate action to violated her fiduciary suspend McGinley’s license. responsibilities and trust McGinley’s clients’ policies of those around her,” said are still in place. Insurance Commissioner Dave Jones. “The Department McGinley was booked into of Insurance has a strong the Kern County Jail and enforcement division to Good Hands Agent Vicki Lee McGinley, 58, bail is set at $ 70,000.00. investigate and stop insurance her clients, in order to meet sales McGinley’s arraignment was fraud schemes like this one, which costs consumers and insurers quotas, increase clientele, and scheduled August 30, 2016, at gain additional commissions. 8:00 a.m. in Kern County Superior billions of dollars each year." Court, Department IC. The Kern For over seven years, McGinley County District Attorney’s Office is The California Department of Insurance Investigation Division applied unwarranted discounts prosecuting this case. began its investigation after to clients’ policies and falsified 16
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J
MISSISSIPPI INSURANCE DEPARTMENT ISSUES CEASE AND DESIST ORDER ON WAYNESBORO AGENCY
ackson- Investigators from the Mississippi Insurance Department have issued a Cease and Desist Order to LaDonna Carlisle Lightsey and the Carlisle Agency, LLC operating in Waynesboro, MS. Lightsey is a nonresident insurance producer and is also the owner/operator of the Carlisle Agency.
premium finance Miss. Code Ann. ยง 83companies that Ms. 17-71(1)(d). Lightsey developed and pursued a scheme As a result of the whereby premiums complaints and received from insureds documented evidence, and/or premium MID has issued the finance companies Cease and Desist Order were not forwarded on Ms. Lightsey and to the respective the Carlisle Agency, insurance companies, LLC enjoining both Commissioner MID received complaints but were instead from conducting Mike Chaney and significant documented misappropriated or the business of evidence from insureds, converted by Ms. Lightsey for insurance in this state pending insurance companies, and her personal use in violation of a final determination by the Commissioner of Insurance. www.underwritersinsider.com
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CLINTON SPENT MOST OF HER TIME AS SECRETARY OF STATE MEETING WITH CLINTON FOUNDATION DONORS
A
ccording to an AP report, “At least 85 of 154 people from private interests who met or had phone conversations scheduled with Clinton while she led the State Department donated to her family charity or pledged commitments to its international programs, according to a review of State Department calendars released so far to The Associated Press. Combined, the 85 donors
contributed as much as $156 million. At least 40 donated more than $100,000 each, and 20 gave more than $1 million.” In addition, it was also reported that representatives of 16 governments gave an additional $170 million to the “Foundation” and the Clintons are now personally worth over $100 million! Ain’t it a great country?
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SPOTLIGHT ON THE INDUSTRY
FAMILY-RUN FLORIDA MGA MOVES INTO 25TH YEAR WITH NEW PROGRAMS AND CONTINUED GROWTH by Ron Manera, Senior Editor
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learwater, FL - 40 years ago, when I was a retail agent in Florida, there were a few family-run, organicallygrown MGAs where you could do business year after year with the same underwriter, where the MGA owner knew your name and was always available for a phone call. Where integrity, loyalty and a personal relationship were as important as premium volume. After decades of acquisitions and mergers, there may only be one left: Clearwater Underwriters.
Heather & Guy Waters, Co-Founders of Clearwater Underwriters
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Don & Guy Waters, two of the co-founders of Clearwater Underwriters, were raised in a Florida insurance family. Their father and uncle bought a Clearwater retail realestate and insurance agency in the early ‘60’s and the brothers entered the business in 1978. Dad was old school and it was
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Don Waters Jr., Co-Founder of Clearwater Underwriters
commission-only. Guy can still remember eagerly picking up the batch-processed computer runs so he could get paid. In 1991, the brothers, along with Guy’s wife Heather decided their passion and future was in the wholesale insurance business and thus was born Clearwater See Clearwater Underwriters Pg 22
September 2016
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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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SPOTLIGHT ON THE INDUSTRY Continued From Page 20
CLEARWATER UNDERWRITERS
expertise in the Clearwater Underwriters Product List placement of Lloyd’s Lloyd’s Private Primary Flood of London business NFIP Primary as coverholder for 15 Excess Flood different contracts. Personal
Homeowners
Hi-Value Homeowners Doing business with Manufactured / Mobile Homes Underwriters. They began Lloyds of London is Personal Umbrella slowly with excess flood a “process.” As Guy Commercial Commercial Property insurance, none of them taking Waters explains: Commercial Liability a paycheck for the first seven “It’s quite involved. Professional Professional Liability years, as the agency grew into a You go through a debt-free, profitable MGA. The brothers continued with their tribunal; everything must be Clearwater Underwriters employs retail operation into the early approved. Lloyd’s is very careful about 21 insurance professionals. 2000’s, finally selling that book about finances and wants to All are long-time agency employees, and moving full-time into the see exactly how the money is some having worked with the handled and how it transits company for decades. In fact, the wholesale business. the agency, trust accounts, last person hired was three years etc. They don’t ago. want to see much debt Guy Waters admits his professional and there must staff is the MGA’s greatest asset be sufficient and one of the big reasons for the cash flow to company’s success as well as the handle day-to- key reasons the Waters family is so day claims in- proud of the company they’ve built: house. At least Unmatched customer service. twice a year, Lloyd’s sends The other reason is technology. an auditor The MGA has taken full advantage to inspect of the latest in MGA management the books and make certain software (Vertafore’s AIM) and employs a full-time IT professional Since then, Clearwater that everything is handled as to keep things running smoothly. Underwriters has grown into a expected.” The technology, which has well-known regional MGA with eliminated hundreds of file boxes, an emphasis on both residential “Each month we must prepare a keeps cost down while greatly and commercial property detailed “bordereaux” for each enhancing customer service. coverage - as well as select line with Lloyd’s. This accounting casualty lines. In the process, lists all the premiums payable Finally, all three co-founders the family-run operation and all the claims paid as well attribute much of their success to their strong Christian faith. has developed considerable as underwriting data.”
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SPOTLIGHT ON THE INDUSTRY Guy Waters personally handles the function of agency management. With his retail background, he is able to understand issues from an agent’s perspective. Don’s main role is Senior Underwriter and overseeing of the Lloyds contracts and carriers. Two of Don’s children joined the firm several years ago and work with him on the servicing of the contracts. The MGA has a comprehensive array of property & casualty coverages available and boasts top commissions. (see chart) Most of Clearwater’s coverage area is contained within westcentral Florida and the Florida east coast north of Palm Beach County. The company is actively looking to grow with agents that comprise a “good fit.” What’s a good fit? The agency should be writing in the MGA’s coverage region. Clearwater would like to be 1 of about 5 wholesalers the agency deals with. They want a good “hit ratio,” i.e., a decent sale to quote ratio. But, Waters stresses, the “most important thing is the relationship. We’ve always had a special relationship with our agents and we’d like to continue with that.”
JACKSONVILLE P.I.P. SCAM COSTS INSURORS $45,000 - 4 ARRESTED
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ACKSONVILLE, Fla. – The Department of Financial Services, Division of Insurance Fraud (DIF) today announced the recent arrests of Christian Ponce, Nelson Vargas Mercado, Luz Rosario-Escudero and a Jacksonville Blue Cross Blue Shield employee, Janelle Denise Lundy, for their alleged involvement in a personal injury protection (PIP) scheme that defrauded numerous insurance companies for a combined total of at least $45,000. Two participants, Damaris Garcia Sanchez and Jacqueline Santiago, still remain at large. DIF’s investigation revealed that Christian Ponce allegedly organized and directed a staged accident that occurred August 12, 2012 in which Janelle Lundy was the driver of the at-fault vehicle.
Following the accident, the participants submitted multiple claims to various insurance Call Guy Waters personally for companies for fictitious injuries more information on writing in an effort to profit from the with Clearwater Underwriters. insurance payouts. In total, $45,443 was paid out by the 1-800-741-4873 involved insurance companies to compensate for the rehabilitative www.cuifla.com services of the phony injuries. www.underwritersinsider.com
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The second vehicle involved in the crash was occupied by four additional participants, Jacqueline Santiago, Nelson Vargas Mercado, Luz Rosario-Escudero, and Damaris Garcia Sanchez who knowingly participated in the scheme. Lundy, Ponce, Mercado, and Escudero were arrested June 6, 2016 and have been charged with insurance fraud and knowingly participating in a staged accident.
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THE INSIDE TRACK - BREAKING NEWS The End of Alzheimers?
A
new drug, Aducanumab, about to enter the next round of testing in hospitals around the UK has shown “tantalizing” results in preliminary studies. The antibody based drug has shown the ability to prevent, halt and even reverse the heartbreaking disease. Doctors and researchers are running out of superlatives while describing the effectiveness of the drug calling it “unprecedented,” “gamechanging” and a “potential miracle drug.” The drug, which is the same substance that folks who seem to be immune to AZ naturally produce in their bodies has been shown to be an amyloidbuster, targeting the substance that seems to be responsible for the dementia that affects 50% of people age 80. Stay tuned to The Insider for breaking news on this new therapy. 24
The Underwriter’s Insider
because any response from an insurer other than immediate payment of the policy limits resulted in badfaith suits - and ultimately he Georgia Chamber of resulting in large increase in Commerce weighed in insurance rates to the public. on a recent deluge of socalled “bad faith” lawsuits Highway Fatalities On where the insurer is “set-up” The Rise in 2015 with “time-limit” demands where the insurer can be 5,000 people died on sued for “bad-faith” if they do America’s highway’s last not settle, essentially opeing up the insurer to damage year representing a 7.2% claims far in excess of the increase according to the policy limits. The Chamber NHTSA. It’s the largest oneargued in an amicus brief year increase since 1966. that the ““recent epidemic The reason? According to of bad-faith litigation the NHTSA it’s cheap gas. in Georgia” was abusive The cheap gas results in more miles driven and more
Tsunami of Georgia “Bad Faith” Suits Against Insurers
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3
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THE INSIDE TRACK - BREAKING NEWS miles driven result in more traffic accidents/fatalities. 1 in 3 fatalities were a result of either speeding or alcohol and 1 in 10 the result of
distraction, according to the reports. Motorcycle and bicycle deaths were up as well.
$57 Million Medicare Fraud Scheme Busted
Image Credit: Creative Commons
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he owner and manager of three now-defunct Miami-area home health agencies was sentenced today to 240 months in prison for his role in a $57 million Medicare fraud scheme. Khaled Elbeblawy, 40, of Miramar, Florida, was sentenced by U.S. District Judge Beth Bloom of the Southern District of Florida, who also ordered Elbeblawy to pay approximately $36,400,957 in restitution and to forfeit the same amount. On Jan. 21, 2016, www.underwritersinsider.com
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Elbeblawy was convicted after a two-week trial of one count of conspiracy to commit health care fraud and wire fraud and one count of conspiracy to defraud the United States and pay health care kickbacks. Evidence presented at trial showed that the three agencies submitted a total of approximately $57 million in false and fraudulent claims to Medicare, and received payments totaling approximately $40 million on those claims.
California Forces State Farm Rate Reduction Under Proposition 103
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alifornia Insurance Commissioner Dave Jones has approved rate reductions for a number of State Farm commercial policies that will bring millions of dollars in
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premium savings for tens of thousands of small businesses, farm owners, apartment owners, and condo associations across the state. “These State Farm commercial rate reductions are a big win for California’s small businesses and farm owners,” said Insurance Commissioner Dave Jones. “The Department of Insurance reviewed the rate filings and we determined that in many cases rates should be lowered, resulting in total premium savings of $17 million.” The company lowered their rates on those insurance products where the department found the data supported a reduction. Since Commissioner Jones took office in 2011, the department has reviewed more than 40,000 rate filings and saved consumers and businesses over $2.562 billion through rate reductions. Whether a particular policyholder receives a rate reduction and how much, depends on their individual policy.
September 2016
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NEWS - ANALYSIS
Many Thanks To Michael Athmer, Regional Manager of Human Capital, For This Timely Information You can reach Michael at 561-644-8315 - or - mathmer@human-capital.com
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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
September 2016
NEWS MIAMI INSURANCE AGENT SENTENCED TO PRISON FOR GENERATING FAKE INSURANCE POLICIES
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IAMI, Fla. – The Florida Department of Financial Services’ Division of Investigative and Forensic Services (DIFS) today announced the recent conviction of Mandy Rodriguez, 36, on multiple felony charges including insurance fraud, grand theft, and forgery following his attempt to create fake proof of insurance documents for his clients. He was sentenced to two years in state prison and ordered to pay more than $200,000 in restitution. Rodriguez’s arrest resulted from a case worked by the Department’s Division of Insurance Agent and Agency Services and the Division of Investigative and Forensic Services, which revealed that Rodriguez, an insurance agent, defrauded at least four clients by stealing their insurance premium payments and issuing them fake insurance policy documents.
invoices to four consumers who believed they had purchased legitimate commercial or homeowner’s insurance policies. Rodriguez instructed these consumers to make their insurance premium payments to his personal corporation, Risk Management Agency Group, Inc. or RMAG, rather than to Citizens directly.
Bentrust Insurance Group, LLC, both verified that the policies generated by Rodriquez were not legitimate. Furthermore, upon learning of Rodriguez’s misconduct, Bentrust’s owner fired Rodriguez, generated and paid for the appropriate insurance policies, which Citizens honored in good faith.”
Citizens Property Insurance Corporation (Citizens) recognized the alleged deceitful behavior and referred the matter to DIFS, which launched an investigation. The investigation revealed that Rodriguez prepared and provided fake insurance Citizens and the owner of quotes, certificates of insurance, the insurance agency where insurance declaration pages, and Rodriguez was employed, www.underwritersinsider.com
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Bentrust Insurance Group, LLC, both verified that the policies generated by Rodriquez were not legitimate. Furthermore, upon learning of Rodriguez’s misconduct, Bentrust’s owner fired Rodriguez, generated and paid for the appropriate insurance policies, which Citizens honored in good faith. In addition to paying $200,000 in restitution, Rodriguez was sentenced to serve two years in state prison, followed by two years of probation. Rodriguez’s insurance agent’s license has been revoked and he is permanently barred from the insurance industry. This case was successfully prosecuted by the Miami-Dade County State Attorney’s Office, 11th Judicial Circuit.
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September 2016
31
“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.
Vote The Party Or The Candidate?
M
y husband and I love to discuss politics, particularly during an election year. I mostly vote with my party (same as my husband’s) but he is fond of saying, “I don’t vote for the party, I vote for the man.” I say it is important to support your party. What does the Advisor think? E.R. Woodstock, GA
ADVISOR
Frankly, these folks are naive. While you may find a member of a political party not your own that may share your views on a key issue or has a face or a voice or a spouse or a house that you like — it is almost always in your political interest to vote for your party.
support the philosophy of that party. You support it best over the long-term by voting for candidates from the same party. Clearly, however, there are times when you may wish to abstain from voting for a political office just because your party’s candidate is just too malodorous, just too incompetent, dishonest or antiAmerican to support.
That candidate, if elected, will most likely vote thousands of times during their time in office. The vast majority of the time, they will vote with their party and against yours. Many Republicans, for example, Presumably, you belong to a may clearly have either particular party because you abstained or voted against
The Advisor has also been subjected to those individuals who seem to think they have arrived at some sort of unique political alpha state — rising above the fray of mere politics — by voting for the “man (or woman) and not the party.” 32
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September 2016
Richard Nixon or Spiro Agnew Al Sharpton, Barbara Boxer, Al Franken, Ramsey Clark, had they not resigned from Nancy Pelosi, Marion Barry, George Soros, Charlie Rangel, Jesse Jackson, Ray Nagin, John Maxine Waters, Tom Hayden, office. Albert Bustamante, Barney Democrats may also Franks, Dick Durbin, Any Democrats may also Kennedy, Robert Byrd, Janet have one or two have one or two Reno, Madeline Albright, individuals within their individuals within their did we say Hillary Clinton? party ranks that are so party ranks that are either so Bertram Podell, Andrew J. embarrasing, so gawdawful, so unredeemable gawd-awful, so unredeemable, May, Frank Boykin, Carroll or so crooked that they so embarrasing or so crooked Hubbard, Charles Diggs, Daniel Brewster, DIck may wish not to support that they may wish not to Durbin, James Traficant, them for office under support them for office under Russ Fiengold, Debbie any circumstances. A Wasserman-Schultz, Bill any circumstances.� short list of examples ... -Editor’s Note: Due includes Hillary Clinton, Anthony Weiner, Eliot Kerry, Hillary Clinton, Kathleen to space limitations, the Spitzer, Eric Holder, Harry Blanco, Dan Rostenkowski, Jim reminder of the list, which Reid, Alan Grayson, Al Gore, McDermott, Alcee Hastings, ran to 83 1/2 pages, had to Rod Blagojevich, Jimmy Bill Clinton, Rahm Emanuel, be truncated. Carter, Cynthia McKinney, Hillary Clinton, Howard Dean, Austin Murphy, Sandy Berger, www.underwritersinsider.com
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33
Wanted -
Benefits Book of Business-
Central Florida
Retiring? Selling benefits F R E E CLASSIFIED RULES: Submit all ads online at: www.underwritersinsider. book? Please contact me:
com/classifieds. Ads must be less than 501 characters plus a title line. Eligible free classifieds include help wanted, position wanted, personal ads, agency for sale/purchase, or the one-time sale of an item or items. Place Ad HERE!
REGULAR CLASSIFIED RULES:
Submit all ads online at: www. underwritersinsider.com/classifieds. Only $1.00 per word, including title line
Experienced Administrative/Accounts Executive Norcross based fast-growing Insurance Agency needs Experienced Administrative/ Accounts Executive with 2 years experience in Insurance Field. Proficiency in computers required. Please e-mail resume to girish_talati@hotmail.com 16-7
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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Insurance Tech Consultants
Have an awesome idea for an insurance or financerelated app, software tool, or social media marketing campaign? Need an experienced pro for tech-centric business development? Take your business to the next level - contact GMA LLC today. 407-706-0245. Matt@ProAdvisors.Info 16-4
Buying Insurance Agency in South FLA
If you would like to retire and sell us your book or business or take over your lease at a retail office please let us know. Our fax number is 954-908-7001. floridafirstinsurance@outlook.com
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Experienced CSR Wanted - Broward 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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407-797-0790 Thank you. jmburzee@aol.com
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Regional Outreach Coordinator wanted
Looking for professionals who would like to help individuals save on their monthly prescription cost on average 15% for brand name and 55% on generic, while earning a residual income. loucei@msn.com 16-7
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
16-1
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 September 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
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
16-3
Norcross CSR
Norcross based fast-growing Insurance Agency needs Licensed Sales Producers in GA, FL TN SC NC TX IL and OH states for marketing 401k plans, Life Insurance products as well as Health Insurance plans. Proficiency in computers required. Please e-mail resume to girish_talati@hotmail.com
Norcross based fast-growing Insurance Agency needs Experienced CSR . A property and casualty insurance license is preferred. Good computer skills with 2 years experience in Insurance Field. Proficiency in computers required. Please e-mail resume to girish_talati@hotmail. com
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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Agent/CSR Broward County, Florida Independent property and casualty insurance agency, located in the Ft. Lauderdale area is seeking an experienced 220 or 440 licensed individual that can handle a fast paced environment. Bilingual a plus. Salary plus bonus. Call Barbara at 954587-7850.
16-5 www.underwritersinsider.com
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
Licensed Sales Producers - Norcross
16-7
Property & Casualty Sales Agents Tampa Bay Area
Urgent! 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 LINES KNOWLEDGE AND NEED TO SPEAK FLUENT ENGLISH & SPANISH WITHOUT PROBLEM - DOWNTOWN MIAMI SEND RESUME: DOLORES@JONRAYINSURANCE.NET 305-883-4604
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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
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
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
ANOTHER BIG WORKERS COMP SCAM DISCOVERED IN FLORIDA - BUSINESSMAN FACES 90 YEARS IN PRISON IF CONVICTED
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IAMI, Fla. – Chief Financial Officer Jeff Atwater and the Department of Financial Services’ Division of Investigative and Forensic Services (DIFS) today announced the recent arrest of Elso J. Macias, owner of Puertos Enterprises Inc. in Miami. Macias allegedly orchestrated a fraud scheme by providing false and misleading information during his application for workers’ compensation insurance and by grossly underreporting the company’s total payroll amount.
insurance premiums, leaving his employees at risk of covering health and lost wage costs associated with on-the-job injuries.
In November 2015, Macias applied for and obtained a workers’compensation insurance policy for his company, Puertos Enterprises Inc., claiming that he employed only three people with a combined annual payroll of just over $3,500. However, during a four month period, DIFS investigators discovered that Macias cashed more than $3 As a result, Macias illegally million in payroll, millions more avoided more than $400,000 than he claimed on his policy in workers’ compensation paperwork. 36
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In an effort to illegally conceal his company’s payroll to avoid paying proper workers’ compensation premiums, Macias cashed payroll checks at a variety of private, local checkcashing stores in Miami-Dade County. Macias was arrested and transported to Miami-Dade County jail. He has been charged with three first-degree felonies including workers’ compensation fraud, grand theft, and organized scheme to defraud. If convicted on all counts, Macias faces up at 90 years in prison. September 2016
NEWS
ARRAIGNMENT SET FOR INSURANCE AGENT ON FELONY ID AND GRAND THEFT CHARGES
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ANTA BARBARA, Calif. — Insurance Investigation Division Melissa Grimmesey, 42, of revealed Grimmesey allegedly Santa Maria, is scheduled recorded the cash payments in for arraignment Wednesday, the computer system and then August 10 at 8:30 deleted the a.m. in the Santa transactions to Grimmesey, Maria Division avoid detection. a former Courthouse Department 9, "Grimmesey's licensed in Santa Barbara alleged crimes insurance agent County on nine left some felony charges, employed as a customer p o l i c y h o l d e r s i n c l u d i n g i t h o u t service representative wcoverage embezzlement, and ID, and grand at financial for an insurance theft. risk to loss," agency, allegedly said Insurance stole premiums from Commissioner Grimmesey, a former licensed policyholders who paid J o n e s . insurance agent "Consumers cash for insurance employed as should check a customer premiums and then their credit card s e r v i c e statements used other customers' representative regularly for any for an insurance credit cards to repay u n a u t h o r i z e d a g e n c y , transactions the stolen premiums.� allegedly stole and make sure premiums from they receive an policyholders actual policy who paid cash for insurance from the insurance company premiums and then used other after paying a premium." customers' credit cards to repay the stolen premiums. This case is being prosecuted by the Santa Barbara County An investigation by the District Attorney's office. California Department of www.underwritersinsider.com
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VIEW THE FAMOUS OBAMA WORKOUT! (Now Banned On YouTube...)
September 2016
37
Notable Quotes In The News
SAY WHAT? In Response To Cultural Suicide
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Image Credit: Creative Commons
iberalism is the ideology of Western suicide,” wrote James Burnham in his 1964 “Suicide of the West.” Burnham predicted that the mindless magnanimity of liberals, who subordinate the interests of their own people and nations to utopian and altruistic impulses, would bring about an end to Western civilization. Societies which have lost the will to defend themselves will perish. Modern Europe will be neither the first nor the last to do so. Consider this fact: Just one year’s increase in population of the African continent is quite sufficient to drown European civilization forever. The rest is all literature.
Muslim immigration should be halted in the Netherlands - as well as taking the position that the Quran should be banned and all mosques and Islamic schools should be closed. Why banning the continued invasion of a metastatic, non-assimilating death cult with an agenda to supplant the host country’s laws and culture with Sharia Law and to subjugate non-Muslims is even controversial is beyond comprehension... You really have to be a liberal to appreciate that “diversity” and “inclusion” trump survival.
Finally - A University With Courage: No Trigger Warnings or Safe Spaces
Y
ou will discover that one of the University of Chicago’s defining characteristics is our commitment to freedom of inquiry and expression. Members of our community are encouraged to speak, write, listen, challenge and learn, without fear of censorship. You will find that we expect members of our community to be engaged in rigorous debate, discussion, and even disagreement. At times this may challenge you and even cause discomfort. Our commitment to academic freedom means that we do not support so-called ‘trigger warnings,’ we do not cancel invited speakers because their topics might prove controversial, and we do not condone the Image Being Tweeted & Re-Tweeted Recently creation of intellectual ‘safe spaces’ where Author Unknown - Are People Waking Up? individuals can retreat from ideas and Blogger “YID” in response to an AP story on perspectives at odds with their own.” Anti-Islam Dutch lawmaker Geert Wilders and member of the Freedom Party who Hoo-rah! From a letter to the student body from recently took the position that continued Jay Ellison, PHD Dean of Students, University of Chcago In a dramatic departure from the 38
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September 2016
lunatic-left currently running most institutes of higher learning. Instead of producing brainless cupcakes, the University of Chicago may actually produce graduates capable of critical thinking and considering points of view they do not agree with. What a novel concept!
and “racist” by a colleague - which is pretty much standard fair for anyone telling the truth about racial issues in this country. Hough essentially points out that Asians, who have integrated especially well into America solved their problems with a market-based solution, never once having to burn down their own community to make a point. Blacks, who have integrated poorly, sought He’s Telling The Obvious Truth So (what they hoped would be) an easy political He Must Be An Ignorant Racist solution to what has always been a marketplace problem. That political “solution” has failed n 1965 the Asians were miserably and Blacks can thank the Democrats discriminated against as least as for leading them down that path. badly as blacks. That was reflected in the word “colored.” The racism against what even Eleanor Roosevelt called the yellow races The “True Bravery” of Colin Kaepernick was at least as bad. So where are the editorials want to thank Colin Kaepernick for that say racism doomed the Asian-Americans? teaching me what true bravery is. They didn’t feel sorry for themselves, but Before his powerful act of resistance worked doubly hard. I am a professor at Duke University. Every Asian student has a very simple to America, I thought heroes were the kind of old American first name that symbolizes their guys and gals I served with in the Army. But I’ve desire for integration. Virtually every black has learned that being a hero really means being a strange new name that symbolizes their lack willing trash your own country and thereby of desire for integration. The amount of Asian- risk drowning in the tsunami of slobber spilling white dating is enormous and so surely will be from the pie hole of every leftist dork from the intermarriage. Black-white dating is almost here to ESPN’s studios. Colin Kaepernick is a buffoon, but he is a buffoon non-existent because of empowered by a lifetime of the ostracism by blacks people who have indulged, of anyone who dates a excused and sucked up to him white. It was appropriate ever since he demonstrated that a Chinese design what is apparently merely a won the competition for mildly above-average ability the Martin Luther King to throw a leather orb at some state. King helped them other guy in tights.” overcome. The blacks followed Malcolm X.”
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Image Credit: Creative Commons
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80 Year-Old Duke University professor Jerry Timely satire by Kurt Schlicter, columnist for Hough responding to a New York Times editorial Townhall.com on the subject of Colin Kaepernick’s headlined “How Racism Doomed Baltimore,” failure to stand during the national anthem. which blamed all of the problems in the city on White racism. Hough was branded “ignorant”
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BACK ISSUES
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BACK ISSUES
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HILLARY CLINTON SUFFERING FROM NEUROLOGICAL DAMAGE?
Analyst Adds Up The Clues And Reaches A Startling Conclusion: Watch The Vid!
HERE ACTOR KEVIN SPACEY A TALENTED IMPRESSIONIST? WHO KNEW?
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NEWS-INSURANCE TECH
VERTAFORE ENHANCES NAVIGATION CAPABILITIES IN VERTAFORE AGENCY PLATFORM
Customizable QuickNav™ simplifies business processes by guiding users through each step
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differences, or unique agency increasing efficiency. This latest update allows Vertafore Agency processes. Platform users to configure Most management systems offer multiple published instances, some sort of workflows, however enable or disable templates, the majority are simply electronic and add or change the order of checklists, which don’t help the steps so the entire experience is user through complex processes. completely customized. A recent Hanover Research Agency Platform survey indicated that 76% of “Vertafore independent insurance agents has helped our agency to say ease of use of their insurance more than double our annual software most positively impacts revenue—without having to hire any additional staff,” said Cam their job satisfaction. Winterburn, principal, Winterburn & Associates Insurance, LLC.
othell, Wash. – August 24, 2016 – Vertafore, the leader in modern insurance technology, today announced new product enhancements to QuickNav in the latest release of Vertafore Agency Platform™. These innovations help make the industry’s most integrated and automated agency management system even more customizable for each individual user’s needs. Vertafore Agency Platform is the only offering on the market that The latest release of Vertafore combines solutions for benefits, Agency Platform centers on new comparative rating, document enhancements to QuickNav, an management, licensing and elegant workflow that guides compliance, and reference customer service representatives capabilities in a single platform. (CSRs) through each step of a This platform, coupled with a complex business process. The superior user experience, allows intuitive user interface surfaces CSRs to complete their work from required information, including one screen using fewer clicks. forms and documents, enabling even inexperienced users to QuickNav was designed in quickly and thoroughly complete collaboration with leading their work. independent agencies to guide
CSRs through even the most This release offers even more complex workflows, ensuring best configuration capabilities to practices are followed, reducing tailor QuickNavs to fit several training time for new staff, and department procedures, company www.underwritersinsider.com
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Since last year, Vertafore Agency Platform has doubled the number of agencies and users who have adopted the system. From customer and policy management functionality, to licensing, ratings, and reference materials, Vertafore Agency Platform folds the modern agent toolkit into a single, cloudhosted management system with anywhere, anytime access. The Vertafore Mobile App also provides secure mobile access to account policy, claim and billing information for users on the go. For more information about Vertafore, visit http://www. vertafore.com, read the company’s blog, and follow the company on Twitter, LinkedIn, and Facebook. September 2016
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www.zalma.com • web log, “Zalma on Insurance” • videoblog, “Zalma’s Insurance 101”
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INSURANCE & THE LAW Continued From Page 9
ZALMA covenant of good faith and fair dealing. An insurer that breaches its duty of reasonable settlement is liable for all the insured’s damages proximately caused by the breach, regardless of policy limits. Equitable subrogation allows an insurer that paid coverage or defense costs to be placed in the insured’s position to pursue a full recovery from another insurer who was primarily responsible for the loss. Since the insured would have been able to recover from the primary carrier for a judgment in excess of policy limits caused by the carrier’s wrongful refusal to settle, the excess carrier, who discharged the insured’s liability as a result of this tort, stands in the shoes of the insured and should be permitted to assert all claims against the primary carrier which the insured himself could have asserted. An insurer that breaches its duty of reasonable settlement is liable for all the insured’s damages proximately caused by the breach, regardless of policy limits. Where the underlying action has proceeded to trial and a judgment in excess of the policy limits has been entered www.underwritersinsider.com
simply because the case reached an eventual settlement instead of being litigated through trial. Ace American’s alleged damages are clear, liquidated, and certain, Ace American alleged that and Fireman’s Fund participated Fireman’s Fund unreasonably in reaching the settlement. refused to settle within policy limits, and as a result, Ace California’s public policy is to American (as Warner Brothers’ encourage settlement. In sum, subrogee) actually contributed the court concluded that in an to the eventual settlement, equitable subrogation action, an in which Fireman’s Fund, excess insurer which has settled as the primary insurer, also and discharged the insured’s participated. This is a situation liability may recover from the in which a bad faith action may primary insurer an amount in be brought by the insured or excess of the primary insurer’s the insured’s assignee, despite policy limits if the excess insurer the absence of a litigated excess can prove the primary insurer’s unreasonable refusal to settle judgment. within its policy limits resulted There is no explicit requirement in loss to the excess insurer. for bad faith liability that an excess judgment is actually An excess judgment is not a suffered by the insured, since required element of a cause of the reasonableness analysis action for equitable subrogation of settlement decisions is or breach of the duty of good performed in terms of the faith and fair dealing. Where probability or risk that such a the insured or excess insurer judgment may be forthcoming has actually contributed to an excess settlement, the plaintiff in the future. may allege that the primary Ace American alleged that it was insurer’s breach of the duty to damaged in an ascertainable accept reasonable settlement amount as a direct result of offers resulted in damages in the Fireman’s Fund’s failure to form of the excess settlement. accept the Francos’ reasonable, within-limits settlement offers. The court of appeal, therefore, the judgment The Court of Appeal could not reversed sustaining Fireman’s Fund’s see a persuasive reason to hold that either Warner Brothers or demurrer. its assignee, Ace American, must suffer that loss with no remedy See ZALMA Page 47 against the insured, the insurer is ordinarily liable to its insured for the entire amount of that judgment.
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TECHNOLOGY make the system work.
premium version (Apple $2.99 / Android, $.99) that is adThere are four different service free. Click here to see more of plan options, ranging from $70 EasyMeasure’s features. to $240 per year, depending on the features you select. You will 5. Level objects If you don’t have an iPhone, a also need a module installed similar app (also called Metal in your car, which costs around Detector) is available for $300, plus installation. Click Here’s a “handy” use for your Android devices. These apps here for a price comparison of smartphone, turn it into a share the same name; however, Viper SmartStart’s plans and leveler! iHandy Level is a free download for both iOS they were created by different features. and Android that uses your developers and have slight smartphone’s accelerometer differences in the way they 4. Measure height to help you level objects. The operate. Click here to learn app even mimics a real bubble more about Metal Detector. and distance leveler with a wooden overlay. Continued From Page 7
KIM KOMANDO
3. Control your vehicle from anywhere Wouldn’t it be great if you could warm up or cool down your car before you even reach the parking lot? That’s what Viper SmartStart does. It’s like turning your phone into a remote control for your vehicle. With the full system, you can start your car, unlock your doors, open your trunk, locate where you’re parked, and even activate your security system. Premium versions also include features such as text alerts for speeding and when your car has a low battery.
Using your phone’s camera The leveling action works with and fancy math, the iOS app all your phone’s orientations EasyMeasure estimates the so it’s quite versatile. Use it distance or height of an object. in portrait mode, landscape mode or go hands-free and lay Before you play around with your phone flat on its back. this app, an initial calibration iHandy Level can help you is required. For better results, hang picture frames, TV you’ll need to set the lens’ mounts, light fixtures and just height. According to the app’s about anything you want to tutorial, the lens’ height is 4 straighten out. inches from your real height. To use the app, stand up and hold your phone at eye level then aim the little arrow at the base of the object you want to measure. Using the camera’s angle and your position, the app estimates the object’s distance.
EasyMeasure is available for The apps for Apple and Android both Apple and Android users are free to download and test, as a free download. There is but you’ll need extra hardware also an option to upgrade to a and a monthly service plan to 46
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Other features include a digital readout of the current angle and a Hold button that locks the leveler in place. Click here to watch a video of this app in action.
6. See in the dark Thermal vision isn’t something we’re born with, but now it’s possible to use it to see in the dark. All you need is a camera September 2016
TECHNOLOGY attachment, such as the Seek did you know that you can use Continued From Page 45 Thermal. your phone to check remote control batteries? You’ll never This high-resolution thermal wonder again if the batteries camera attaches to your are dead. Click here for the smartphone through the steps on my website. lightning port for Apple or micro USB port for Android. ZALMA OPINION There are two different Copyright 2016, models currently available, the After a detailed analysis of the WestStar Multimedia Compact and Compact XR. earlier case law the court took Entertainment. All away the limitation that there rights reserved. Compact models cost around be an excess of limits judgment $250 and include a 206 x 156 before an insured or an excess thermal sensor. This model Kim Komando hosts the insurer standing in the shoes of is also waterproof and can nation’s largest weekend the insured, can recover bad faith detect temperatures between radio talk show as she damages from a primary insurer. -40 degrees and 626 degrees takes calls and dispenses The existence of excess insurance Fahrenheit at a range up to advice on today’s digital that prevents the insured from 1,000 feet. lifestyle. Visit Komando. being personally damaged, does not protect the primary insurer For $300, the Compact XR com for free podcasts, from a bad faith suit when an model gets you a larger field of videos, product reviews, eventual settlement exceeds the view, as well as a range of up shows, tips and advice. primary limit. to 1,800 feet. You’ll find these products on Seek Thermal’s website and on Amazon.
ZALMA
Seek Thermal cameras also come as an app to display the detected heat signatures on your phone screen. Use this equipment to scout and track wildlife, detect air leaks, monitor your home, find loose electrical wires, etc. Click here to see images of the heat maps the Seek Thermal Camera produces.
Bonus Tip: Speaking of smartphone tricks, www.underwritersinsider.com
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