The Underwriter's Insider April 2014 by The Underwriter's Insider

Features 5 Advertising 9 Kim Komando 18 Inside Track 23 Insider Advisor 24 Classifieds 26 Say What? 28 Back Issues

News 4 4 7 9 10 11 12 14 15 16 16 17

Mississippians Support Ban on Texting While Driving Texas Insurance Agent Sentenced To 24 Years In Life Insurance Scam Premium Finance Jorge Hernandez Joins Insurance Finance Company As V-President, Southeast Region Four Ways To Boost Your Home (Or Office) WI-FI Don’t Buy A Pig In A Poke - Expert Analysis of Insurance Litigation By Barry Zalma, Esq. New York Announces $60 Million Fine Against Met-Life Getting Down To The Wire - Maybe... OP/ED By Spencer Lehman, RHU The Five Most Massive Aircraft In The World - Watch The Video! Florida Announces Arrest Of Weston Man Accused Of Defrauding 270 Floridians CA Truck Mechanic Arrested For Big Worker’s Comp Fraud Georgia Arrests Man On $60,000 Worker’s Comp Fraud AIA To Emphasize Safety At DOI Hearing On Transportation Network Companies

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News 18 19 20 21 23

Florida’s Supreme Court Strikes Down Cap On Medical Malpractice Awards

The Price Of Failed Leadership - Mitt Romney Slams President Obama For Multiple Leadership Failures

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UNDZ Announces Plans To Insure Your Most Prized Possesion - If You’re A Guy Florida’s CFO Atwater Applauds Florida Senate on Homeowner’s Bill Of Rights No News Is Good News? All DOI Websites Are Not Created Equal! The Insider Advisor - Global Warming Settled Science? Hardly. A Look At The Facts And At The Progressive Agenda

Basketball Great Kolbe Bryant Takes A Brave Stance On Trayvon Martin - And Earns A Trashing From Black Activists Government Gone Wild - We Are Now At A Point Where The Best Investment Is To Be Poor! Watch The Vid... Mount Everest From A Glider - See The Iconic Mountain Like It’s Never Been Seen Before! Late Breaking News

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Modern Insurance Consultants H.O.P.E. QQ Solutions St. James Insurance Company A.D. Bankers & Company NASA - Eclipse Agency Mgt. Accu-Auto SLB Group Encore HR Personnel Solutions Orrin R. Beilly, Esq. Barry Zalma, Esq. The Towing & Rental Group FYI Georgia View & News Orrin R. Beilly - Florida Lawyer Financemaster

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MISSISSIPPIANS SUPPORT TEXTING AND DRIVING BAN

ACKSON – A new survey commissioned by Allstate Insurance Company, focuses on a growing problem on Mississippi’s roads. Drivers become a much greater danger to themselves and others when distracted by smartphones and other electronic devices while driving. Commissioner of Insurance Mike Chaney supports the growing calls for a ban on texting while driving for all ages. The recent survey conducted by the Southern Research Group found that nearly half of those polled (43%) felt that distracted driving is the single biggest threat to public safety on Mississippi’s interstates, roads, and highways.

telephone screen.” “I would support a ban on texting and driving for drivers of all ages, it makes the roads we travel safer for everyone.”

TEXAS INSURANCE AGENT SENTENCED TO 24 YEARS IN SCAM

$4 million scam by a North Texas Insurance agent earned him more than a 24 year sentence in Federal prison.

The poll also found almost unanimous support (93%) for a total ban on texting while driving Former life insurance agent Vincent Bazemore, 40, was sentenced to for drivers of ALL ages. 292 months in federal prison after a “Allstate is to be commended for jury deliberated more than an hour. expanding their survey to include He was also ordered to pay $4.01 opinions concerning a ban on million in restitution to various insurance companies including texting for all drivers,” Chaney said. Principal Life Insurance Company, Occidental Life “Texting while driving is often Transamerica Insurance Company, ING Annuity thought to be a bigger problem among teens and younger drivers, and Life Insurance Company, John when in reality it is dangerous for Hancock Life Insurance Company, anyone who gets behind the wheel Sun Life Assurance Company and Metropolitan Life Insurance to be distracted by reading or answering a text on their phones Company. or other electronic devices. Safe drivers need to concentrate on the According to the prosecution, road ahead and not what’s on their “Bazemore also submitted the 4

Top Bank Product Now Available to Independent Agents The #1 life product sold in banks is now available to independent insurance agents! Exclusive opportunity, easy sale, 10 minute underwriting. Call John or Matt at 800359-5102 or email Info@LifeAgents.com false and fraudulent applications and related documents to financial institutions to obtain premium financing on the policies. ... Bazemore had agreements with insurance companies and managing agents that provided he would receive, for each policy issued on an application he submitted, a commission of 95 to 105 percent of the first year’s premium paid on the policy. Bazemore prepared the applications and related documents on behalf of the applicants that contained forged signatures and falsified financial information to induce the life insurance companies into issuing the policies.” Bazemore convinced older folks to apply for policies with no premium cost and promising big cash values in the future, while telling the insurors the applicants were wealthy folks seeking insurance for estate planning purposes. The Underwriter’s Insider

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PREMIUM FINANCE VETERAN JORGE HERNANDEZ JOINS INSURANCE FINANCE COMPANY AS VICE-PRESIDENT/SOUTHEAST REGION

est Des Moines, Iowa – March 3, 2014 Insurance Finance Company, LLC CEO, Brian Waller announced today the company had hired Jorge Hernandez as Vice President/Southeast Region. According to Waller, “Hernandez brings a wealth of experience and a proven track record to the position having served in various capacities within the premium finance industry for over 15 years.”

caliber; reputation and integrity join our team. Not only does he bring a vast amount of knowledge and experience with him but also incredibly strong and lasting relationships within the industry, the value of which is extremely difficult if not impossible to measure.” Hernandez holds a Bachelor of Science degree in Business Administration from Oklahoma State University. He started his premium finance career as Director of Under writing and Credit for UPAC in 1999 before taking on the role as their SE Regional Vice President in 2001.

Hernandez will oversee all Sales & Marketing efforts for IFC’s services in GA, AL, MS, NC, SC, LA and TX. He will also be responsible for opening up new markets and introducing new customers from In 2008 he the South to IFC’s went to work Premium Finance for Broadway Services and industry P r e m i u m Mr. Jorge Hernandez leading customer Funding also as a service. Hernandez will operate Regional Vice President in charge out of the Atlanta, GA area and will of sales activities in the Southeast. be responsible for managing and Jorge stayed and helped them growing his respective book of through their brand transition in business. 2013 before making the decision to join Insurance Finance Company, Waller stated, “We are absolutely LLC. thrilled to have someone of Jorge’s www.underwritersinsider.com

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In addition to his vast experience in the private sector Hernandez served his country for four years in the United States Navy and is a veteran of both Desert Shield and Desert Storm. Please contact Jorge Hernandez at 678-386-8555 or Email at jorge@ ifcorp.biz to learn more about becoming an agent with Insurance Finance Company, LLC Insurance Finance Company is an insurance premium finance company that works directly with independent insurance agents, managing general agents and wholesale brokers in the funding of commercial property & casualty insurance premiums on behalf of their insureds.

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APRIL 2014 A Publication of AdMax Corp Corporate Offices P.O. Box 31551 Palm Beach Gardens, Florida 33420 561.718.0745 info@underwritersinsider.com © Entire Contents 2014 AdMax Corp

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4 WAYS TO BOOST YOUR HOME WI-FI

not getting enough out of your Internet provider. Either upgrade your Internet plan to get faster speeds, or complain to your service provider that you aren’t getting the speed you’re paying for.

Really Cool Info - by Kim Komando

But if your computer’s speed is slower on your Wi-Fi, well, Houston, e all love lounging to make sure the slowdown isn’t we have a problem. around the house with coming from too many browser our laptop, ereader or windows open or songs and movies 2. Upgrade or update your tablet. But it’s a lot less fun when playing. Then hook it up directly to router the Internet begins to slow to a your cable or DSL modem. That will crawl. give you a benchmark for how fast Everyone remembers the iconic your Web is coming at you straight image of Steve Jobs unveiling the Here’s what to do when that starts out of the pipes. first-ever iPad. For geeks like me, happening to you. that was less important than a Make a note of the speed from different technological milestone 1. Test your Internet speed. time to time and make sure you’re that came less than a year earlier: getting the level you’re supposed the Institute of Electrical and The first step to diagnosing your to be getting from your Internet Electronics Engineers published speed woes: Find out just how fast plan. the 802.11n wireless networking your Internet really is. Click here to standard. test your connection speed for Then test the speed again on free right now! your wireless network and That’s a lot of numbers, but the “n” compare the two is what was new. Take a look at your If you’re using numbers. modem. If it’s labeled 802.11b or g, a laptop, it’s past time to get a new one. It’s first of all, If they’re pretty well worth the price: You’ll notice a restart it much the significant boost in your speed and same, you range. You can use this free tool know your to find out more info about your Wi-Fi is wireless network. OK and you’re These days, an even newer just standard called 802.11ac is already available in many recently released devices, but it’s still rare and pricey. Click [HERE} to find out if 802.11ac is worth your money.

See Kim Komando Pg 33 www.underwritersinsider.com

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DON’T BUY A PIG IN A POKE Expert Analysis & Commentary by Barry Zalma, Esq. Carbon Monoxide Is a Pollutant

ommercial General Liability (CGL) insurance provides extensive coverage to those insured by the CGL. However, it does not cover every possible event or injury. In Church Mutual Insurance Company v. Clay Center Christian Church, Defendant, Cheryl S. Green; Cheryl S. Green as Personal Representative of the Estate of John R. Green, No. 13-1613 (03/25/2014, USCA, Eighth Circuit) the Eighth Circuit dealt with death and injury caused by carbon monoxide poisoning.

Barry Zalma, Esq., CFE is a California attorney specializing in insurance coverage, insurance claims handling and fraud who serves as a consultant and expert for insurers and policyholders. He founded Zalma Insurance Consultants in 2001 and serves as its senior consultant. He recently published an e-book, “Getting The Whole Truth,” which is available at his Web site, www.zalma.com. Go to Zalma Books at http://www.zalma.com/zalmabooks. htm.

Cheryl Green and the Estate of John Green (the Greens) appeal from the district court’s grant of summary judgment in favor of Church Mutual Insurance Company (Church Mutual). The district court concluded that coverage for the injuries the Greens suffered because of their exposure to carbon monoxide was precluded by pollution exclusions contained in the relevant policies. Join Barry Zalma’s new Blog:

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FACTS John Green was the pastor of Clay Center Christian Church (the Church). He and his wife, Cheryl, resided at the Church’s parsonage. On November 19, 2009, the parsonage’s heating system malfunctioned and released carbon monoxide throughout the residence. John died as a result of his exposure to the carbon monoxide. Cheryl suffered bodily injuries.

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The Church had two policies issued by Church Mutual that are relevant to this appeal: a multi-peril policy and an umbrella policy. The multi-peril policy contained a pollution exclusion that excluded coverage for “‘Bodily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants…” The umbrella policy included identical language. “Pollutants” are defined under both policies as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned, or reclaimed.” Church Mutual was notified of John’s death and Cheryl’s injuries on November 20, 2009. That same day, Church Mutual retained attorney Jerald Rauterkus. Church Mutual contended that Rauterkus’s role was limited to conducting a cause-and-origin investigation of the carbon monoxide leak and assisting the Church in matters of communication during the course See Zalma Pg 31 The Underwriter’s Insider

NYDFS ANNOUNCES $60 MILLION METLIFE FINE FOR INSURANCE LAW VIOLATIONS BY ITS SUBSIDIARIES ALICO AND DELAM

enjamin M. Lawsky, Superintendent of Financial Services, announced today that MetLife will pay $60 million for Insurance Law and other violations at its subsidiaries ALICO and DelAm, which it acquired from AIG in 2010. Investigations by the New York State Department of Financial Services (DFS) and the Manhattan District Attorney’s Office uncovered that those subsidiaries solicited insurance business in New York without a license and made intentional misrepresentations and omissions to the Department about those activities. Of the $60 million, a $50 million fine will be paid to DFS and $10 million will be paid to the Manhattan District Attorney’s Office. MetLife has also agreed to fully cooperate with DFS’s investigation concerning Insurance Law violations by AIG, ALICO, and DelAm, and other AIG subsidiaries and affiliates related to conduct prior to MetLife’s acquisition. That investigation remains ongoing and is not resolved. Superintendent Lawsky said: “Insurers have a responsibility to follow the law, play by the rules, and be honest with their regulators.

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Our Department will continue to aggressively investigate and pursue wrongdoing within this industry wherever we uncover it. MetLife did the right thing by stepping up to resolve this matter.”

approximately $900 million in premiums (including renewals) from multinational corporations involving contact with its New York sales representatives from 2007 to 2012. The Department’s investigation uncovered the extensive insurance ALICO, while operating as a activities by ALICO, DelAm, AIG, and subsidiary of AIG in 2009, made MetLife related to that business from

intentional misrepresentations and omissions to DFS’s predecessor agency (the New York State Insurance Department) concerning ALICO’s insurance business activities in New York. Specifically, ALICO represented to the Department that ALICO “does not solicit business in New York.”

their respective offices in New York.

DFS is further requiring that MetLife take immediate steps to come into compliance with New York Insurance Law. The agreement requires licensing by DFS of the insurers and agents operating out of New York. ALICO and DelAm will be prohibited from conducting DFS’s investigation, however, insurance activity while they come concluded that ALICO and certain into compliance with New York alien insurers have collected Insurance Law.

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GETTING DOWN TO THE WIRE, MAYBE

OP/ED BY SPENCER A. LEHMANN, RHU

s we enter the month of April 2014, the Enrollment Period for the PPACA was to have ended on March 31st. However, given that Team ObamaCare has not yet reached their actuarially needed minimum of 7 Million enrollees, President Obama has again, extended provisions of the ACA law in an attempt to allow him to meet the necessary minimum, never mind the requirements of the law. Since the inception of the PPACA, oh so fondly known as ObamaCare, Mr. Obama has amended the law 18 times without Congressional approval, as required by the Constitution for Congressionally made law. These changes include delaying the Employer Mandate, changes to the subsidies, congressional exemptions, SHOP delays, Self-attestation aka using the honor system to determine subsidies, delaying the Individual Mandate, changing the rules about the insurance companies having to cancel individual plans after they’ve already been canceled, exempting the Unions from

Spencer A. Lehmann is a Registered Health Underwriter (RHU), whose company, Lehmann/Wood & Associates, Inc., specializes in Group and Individual Long Term Care insurance and Medicare Supplemental Coverage. Mr. Lehmann retired from his company in 2005 and now spends his time writing on Health Care Insurance and Political Issues, both of which have encompassed over 40+ years of his life. He has been an actively involved member of the National Association of Health Underwriters (NAHU) since 1978, and serves on the Board of Directors of several Charitable Organizations’ helping Special Needs Children, and Inner-City Children to experience and participate in the world of the Arts and Music. In his free time he plays golf with his wife, Fran, who usually wins.

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Reinsurance fees, extending Preexisting conditions insurance plans after they were to have been canceled, extending catastrophic hardship cases to those whose policies were canceled because Obama ordered them canceled and then after taking a lot of heat for that provision attempting to undo that provision after the fact, then delaying the Employer Mandate again, and this list goes on and on, without letup. [The full list and explanation of these 18 changes can be found here: http://pjmedia.com/ davidsteinberg/q-how-manytimes-has-obama-unilaterallyaltered-obamacare/]. Now this, another change to the law, an extension of the “Drop dead” date by which all who are going to enroll must enroll, from March 31st until Mid-April, any further changes to the law by Obama Fiat, notwithstanding. In addition, all that is necessary to qualify for this extension is for those who haven’t enrolled by March 31st to check a little box and attest, on their honor, no fingers crossed behind their backs, that they tried to enroll before March 31st. Yes indeed, on their honor. This, from the President of the United States of America? And we are supposed The Underwriter’s Insider

to take this man seriously? Please.

need to change the dynamics from one of Democratic Party control to It is becoming farcical to watch the Republican Party control are six (6) Obama Administration continue of those seats. Thanks to Senator to dance as fast as they can in Harry Reid and his historic changing their attempts to change this law, of the rule requiring a 60% Superstrictly for political expedience majority to pass legislation and attempts to manipulate the out of the Senate to a simple outcome of the 2014 majority of 51%, in Midterm Elections order to prevent So, all of the and the 2016 General any Democrats aforementioned Elections. Suggesting siding with the that this myriad of Republicans costing considered, are changes is anything the Democrats lost we down to the less than being legislation, if the wire regarding politically motivated control passes to is to suggest that All the final outcome the Republicans, Americans are willing watch out, America. of ObamaCare? With a Republican to blindly believe anything that Team controlled Senate Not by a Obama tells the and a Republican long shot. American Electorate, controlled House, as if none of that Mr. Barack Obama electorate is capable of thinking and the Congressional Democrats and reasoning. will find themselves in the same position the Republicans did in Equally interesting, is the rush to Obama’s first term, hamstrung and distance themselves from Obama unable to move in any direction by the Democratic Party Members unless the Republicans and of Congress who are up for Independents in Congress agree to reelection in the 2014 Midterms, negotiate and come to consensus. especially those in the Senate. There are 19 Democratic Party seats up for Such a change in power in grabs, and all that the Republicans Congress may allow US to finally see movement in the Congress and

the White House, and to see needed amendments to ObamaCare take place, assuming that Mr. Obama and the Congressional Democrats do not want to go down in history as being the most destructive to America in her 237 years. So, all of the aforementioned considered, are we down to the wire regarding the final outcome of ObamaCare? Not by a long shot.

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THE FIVE MOST MASSIVE AIRCRAFT IN THE WORLD

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FLORIDA ANNOUNCES ARREST OF WESTON MAN ACCUSED OF DEFRAUDING MORE THAN 270 FLORIDIANS

“I am proud of our investigators’ work to stop this fraudster from taking advantage of any more Floridians,” said CFO Atwater. Insurance fraud drives up costs for all Floridians, and we will not allow it to continue.”

various insurance companies without the knowledge of the victims.

The magnitude of this crime allowed Glincher to be charged with Aggravated White Collar Crime – a seldom used first-degree Glincher allegedly sent letters to felony. A review of bank records, victims of traffic accidents and along with victim interviews, encouraged them to file claims determined the total theft to be through his company, Auto Loss nearly $300,000. Claims Consultants, LLC (ALCC). Regardless of whether the victim Glincher was booked into the completed the claim form or Broward County Jail and bond discarded it, claims were still filed was set at $29,500. If convicted, he and funds were paid to ALCC by faces up to 30 years in prison.

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CALIFORNIA TRUCK MECHANIC ARRESTED FOR WORKERS' COMP FRAUD AFTER VIDEO EVIDENCE REVEALS HIM PERFORMING STRENUOUS ACTIVITIES

OS ANGELES, Calif. - Jose Fabian Ruiz, 61 of Los Angeles, is in custody and charged with multiple felony counts including allegedly filing a fraudulent insurance claim. Video surveillance revealed that Ruiz continued physically demanding work on a side job while receiving more than $150,000 in workers' compensation benefits after claiming an allegedly debilitating lower back injury which supposedly prevented him from working.

"I find Ruiz's actions reprehensible," said California Insurance Commissioner Dave Jones. "Not only did he attempt to cheat the system, but lies like his are the very reason that premiums rise as insurers are forced to pass the cost of fraud onto consumers." In response to a complaint, the Department of Insurance opened an investigation and interviewed Ruiz on two occasions. In both interviews Ruiz stated that his injury left him unable to lift more than ten pounds, and resulted in a limited range of motion, preventing him from performing parts of his job, such as climbing into big rig trucks. 16

Department investigators obtained surveillance footage that showed Ruiz working on large trucks and showed him performing his regular work like, working on large trucks with a full range of motion. Two independent medical experts reviewed the video and both determined that Ruiz was not impaired by any major injury nor was he functioning with any significant level of pain.

Director Stan Bexley, criminal arrest warrants were issued on March 19, 2014 for William Roy Garrett in the Magistrate Court of Lowndes County Georgia. Garrett was arrested on Thursday, March 20, 2014, in Valdosta and booked in the Lowndes County Jail. Garrett, age 52, owns and operates Winnersville Roofing and Advance Gutter System. Garrett has been charged with 5 (five) felony counts of Insurance Fraud, 5 (five) felony counts of Forgery in the First Degree, and 1 (one) misdemeanor count of Failing to comply with Workers’ Compensation Insurance Requirements.

Ruiz was arrested February 27, 2014 by department investigators. He is currently being held on $80,000 bail at the Lynwood Detention Center.

GEORGIA ARRESTS MAN ON $60K WORKER’S COMP FRAUD

n investigation conducted by the Georgia State Board of Workers’ Compensation’s Enforcement Division has led to the arrest of a Valdosta business owner. According to Enforcement Division

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The Enforcement Division’s investigation alleges that Garrett attempted to conceal the fact that he did not have the required workers’ compensation insurance coverage by presenting fraudulent certificates of insurance to a general contractor. It is estimated that Garrett defrauded the general contractor’s insurance company out of $60,000 in workers’ compensation premiums. The Underwriter’s Insider

AIA TO EMPHASIZE SAFETY AT DOI HEARING ON TRANSPORTATION NETWORK COMPANIES

ASHINGTON, D.C., March 21, 2014 – Steven Suchil, Western region assistant vice president for the American Insurance Association (AIA), issued the following statement today before an informational hearing of the California Department of Insurance (CDI) entitled “Insurance and Transportation Network Companies: Solving the insurance challenges so passengers, drivers, pedestrians and property owners are adequately protected.” AIA will advocate that the safety of consumers and protection against unforeseen loss should be the primary concern of the Department for the hearing on Transportation Network

Companies (TNCs) and insurance. Private passenger automobile insurance does not cover services being provided on a commercial basis. The public will be are at risk if TNCs do ensure that the proper coverage is in place in the event of an accident. It is essential that TNCs provide protection for all commercial transport activities.

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Mr. Suchil’s statement follows: “The protection of consumers should be of paramount consideration as the Department addresses the emergent technology and means of public transportation of ride-sharing and TNCs. It is essential that passengers and drivers be appropriately

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protected against the risk of unforeseen losses and injuries. Insurance coverage requirements for these emerging transport systems must be consistent with commercial enterprises that provide transport. “Personal auto policyholders should not subsidize the commercial activities of businesses, and their drivers, who choose to participate in the new and creative enterprises that capitalize on technology and the willingness of passengers to use new methods of urban transport. We urge the Department not to shift commercial activities to personal auto policies, rewrite statutes in an attempt to manipulate policy language to include commercial activities, or interfere with carriers’ ability to underwrite policies.”

Breaking News

usinessInsurance. Com: “Employers who belonged to a failed workers compensation group captive can’t sue insurance broker Hub International Ltd. for marketing and selling the program to them, a California appellate court has ruled. [The captive] failed in 2009, court records show, and was placed into conservatorship by the California Department of Insurance with unfunded liabilities of more than $20 million. The captive later defaulted on its payment of workers comp benefits.” [MORE]

signed by then governor Jeb Bush. The decision came as the court ruled on a case where a young mother had died during childbirth in a military facility. A federal court had awarded the parents and son of Michelle McCall a total of $2 million - which award was subsequently reduced in accordance with Florida law.

Deputy Commissioner for Life and Health, Robleto will oversee the Life and Health Product Review and Financial Oversight Units, which provide regulatory oversight of insurers operating in Florida, including study is being planned life and health form and rate by National Heart, Lung filings, licensure, and financial and Blood Institute and Mars solvency. Inc., maker of

n a 5-2 Ruling, Fl o r i d a’s Supreme Court struck down a law that capped medical malpractice awards to $1 million. The court declared the law “unconstitutional” a provision of the 2003 law

M&M’s and Snickers bars to determine if the cocoa flavonols in dark chocolate can improve blood pressure, cholesterol, the body’s use of insulin, artery health and other heart-related

lorida Insurance Commissioner Kevin McCarty today announced the appointment of Rich Robleto to serve as Life and Health Deputy Commissioner and Harvey Bennett to serve as Communications Director for the Florida Office of Insurance Regulation (Office). As the 18

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factors. The flavonols will be uring Michelle Obama’s concentrated and given the Spring Break trip to China, study group in pill form during the merchants along the path the four year study. traveled by the First Lady and her entourage were tightly controlled by the Chinese nsure your officials. There most prized was one item in possession? particular they Insurance were warned to J o u r n a l : remove from their “Canadian shelves and to not underwear show to reporters: brand UNDZ (although the has announced image did get out) that as of March A T-Shirt showing 15 it has arranged to provide a heroic-looking Barack a “$50,000 insurance policy to Obama in a Mao-style hat. The protect its customers’ most Insider does not read Chinese, prized asset” – in simpler terms so the inscription below the it’s offering men who wear their image can only be guessed brand p---s insurance, as the at. Still, one wonders why bulletin politely put it. UNDZ the Chinese believe Obama has arranged a partnership may be simpatico with the with Lloyd’s in recognition late Communist Chairman of the London market’s long Mao Tse-tung, father of the established history of covering Communist Party of China and, (with an insurance policy, not by most accounts, responsible literally) celebrities’ body parts. for 40-70 million deaths UNDZ noted that coverage has during the revolution and recently included “both David subsequent purges. Do they Beckham and Mariah Carey’s know something about our legs and Bruce Springsteen’s president’s political leanings vocal chords.” The Insider was that we don’t? not able to learn what rating factors Lloyd’s may employ in ealthCare, Inc. the pricing the new insurance, but leading technology it presumably will not include company providing solutions gross receipts or square for consumers to compare, footage... [MORE] manage, customize and save

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money on their health care needs, announced today that Jeff Smedsrud a veteran executive in the insurance industry has joined the company as Chief Executive Officer. Smedsrud brings 22 years of experience in entrepreneurship and insurance marketing to HealthCare.com, having sold four insurance marketing businesses to publicly listed companies, was most recently SVP and Chief Marketing Officer for The IHC Group [NYSE:IHC] where he built a $300 million fully insured business and served as President at insurance holding company American Independence Corp

eneral Chuck Yeager, the remarkable pilot who broke the sound barrier in 1947 is still going “hell-bent for leather” at age 91. Check out five of his amazing lifetime achievements [HERE] The Insider did an exclusive interview with Gen. Yeager back in 2005 - and we will rerun in a future issue. FREE CLASSIFIEDS! HELP WANTED — POSITION WANTED 4 — SALE ITEMS

CLICK HERE! 19

CFO JEFF ATWATER APPLAUDS FLORIDA SENATE APPROPRIATIONS COMMITTEE FOR PASSING LEGISLATION THAT CREATES HOMEOWNER CLAIMS BILL OF RIGHTS

ALLAHASSEE – Chief Financial Officer Jeff Atwater today applauded the Florida Senate Appropriations Committee for passing legislation that creates a Homeowner Claims Bill of Rights that will notify consumers of their rights and responsibilities when

“I commend Senator Bean and Appropriations Chair Negron for leading the passage of legislation that enhances consumer protection, improves standards and lends greater transparency to the homeowner claims process,” said CFO Atwater. “The Homeowner Claims Bill of Rights is a much-needed resource for homeowners who need to know what to expect when they file a claim and the reassurance that they will be treated fairly during a stressful situation.”

the underwriting process in 90 days and will be prohibited from denying a claim and/or canceling a policy based on the insured’s credit information after their policy has been in force for 90 days or longer.

Additionally, the legislation creates safeguards for Florida’s homeowners by requiring that mitigation, repair and restoration work paid for by insurance proceeds be performed by an individual or company possessing a valid certification or license. The bill also ensures appraisal umpire impartiality and provides The Homeowner Claims the Department of Financial Bill of Rights will be Services the ability to remove and required to be provided to discipline mediators who engage any policyholder who files in inappropriate behavior. a claim and will reference current Florida law regarding claims handling in order to provide the policyholder with information of their rights in the claims process. The Fla. CFO Jeff Atwater bill of rights will also inform filing an insurance claim. Senate policyholders of what they should Bill 708, which is a priority bill for expect and provide advice on the CFO Atwater during the 2014 next steps they should take in the Legislative Session, also provides process. consumer protections for Floridians by addressing additional aspects Senate Bill 708, which passed of the homeowner claims process unanimously, also eliminates such as eliminating post-claim post-claim underwriting. Insurers underwriting. will be required to complete

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NO NEWS IS GOOD NEWS?

All DOI Websites Are Not Created Equal...

s your intrepid news gatherer, we rely on multiple sources for our stories. One of the most important resources for insurance news, you would think, would be a state’s department of insurance. Enforcement actions, fraud arrests, rate requests, newly admitted carriers - all red meat to the insurance marketplace,

Georgia do you suppose logged on to the Department of Insurance site to read that tantalizing press release? Yet Georgia did report an interesting enforcement action regarding a former agent’s arrest on premium fraud charges that we have included in this issue of The Insider.

North Carolina’s Wayne Goodwin does a decent job of getting the real news out there with three insurance fraud arrests posted for February. Florida has one of the best and most informative websites in the country. Thanks to Florida’s CFO Absolutely nothing happening in Alabama? The AL Jeff Atkins, Dept. of Insurance Media Site as of 3/11/14. A click on Archives shows the last entry on 9/30/12. Florida can be reliably counted right? Not to mention an obvious on to supply real news each month opportunity to interject the via it’s website. name of the politician/insurance commissioner’s name into the Perhaps there is just more going news as the press releases are on in Florida - but nothing has picked up by the media. happened in Alabama since 9/30/12? (See image) Note to Surprisingly, many states Alabama: bring in a college intern completely miss the opportunity to who will happily crank out a dozen inform and entertain - or squander it press releases every month at on superfluous press releases such minimal cost. as Georgia’s Ralph Hudgen’s press release of 3/6/2014: “Hudgens: South Carolina offers up some Change your clocks change your consumer information bulletins battery.” How many citizens of and tips (“Never buy insurance www.underwritersinsider.com

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from a guy holding a work for food sign.”)- but rarely any printable news. Tennessee’s “Latest Headlines” focuses on smoke alarms and candle safety. They do provide a link reporting on “Disciplinary Actions” where you can learn that Donna Jimmerson’s Nashville barber shop was fined $250 for having an animal in the shop but you are left to wonder if it was a parakeet or a black bear. Virginia works at posting a whole lot of data in various sectors, but there is little under insurance going back to January 2013 worth reprinting. Ohio publishes an interesting list of abbreviated and oddly undated enforcement notices - some of them worthy of passing along. Pennsylvania’s press release section leaves one wanting something more interesting than “Insurance Department Offers Tips for Winter Storm Victims” or Insurance Department Receives Transactional Filing on Behalf of Highmark.” Surely there is more going on in Pennsylvania. New Jersey shows a total of five press releases - all consumer “Tips” that will go mostly unread and all beginning with “Christie Administration,” so as not to miss a branding opportunity.

See NO NEWS Page 34 21

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The Underwriterâ&#x20AC;&#x2122;s Insider

“The Final Authority on Everything!” Settled Science? Not!

e have an office argument going on about Global Warming. Some of us here in the claims department think it’s bunk (coldest, snowiest damn winter they can remember) and some of us have drunk the Kool-Aid (including me) who believe that extreme weather of any type is actually proof of Global Warming. Since you are the Final Authority, please resolve this debate so we can settle our argument and advise the scientific community. J.H. Trenton, NJ

ADVISOR

agenda, a scientist seeking a federal grant or a well-meaning citizen who has allowed the batteries in their B.S. detector to run way down. (Apologies to you, J.H.) When one ponders the question “is the Earth warming?” one must ask, relative to what? If all we are looking at is the last 100 years we will get one answer. If we are looking at other geologic periods, we’ll get another. Who, after all, decided that the last 100 years is the ideal or the norm? The truth is obvious even

to the most ardent supporter of the war on climate change: The Earth’s climate has always been changing. It’s been changing for 4 billion years and it’s not going to stop - no matter how many times Al Gore shows his silly hockey puck slide show. Undeniable fact No. 1 is that the Earth’s climate is in a constant state of flux. It is not static. There is no “normal” climate. It’s only human arrogance that insists that the climate we’ve grown used to must remain See ADVISOR Page 35

Do I detect a bit of sarcasm there J.H.? Ok - we’ll play along. First, there is the question of 1) Is the planet warming, and, 2) Is that warming anthropogenic (human caused) warming. Anyone, including that old hypocrite Al Gore, (who has amassed a $125 million+ fortune hawking Global Warming), who tells you that anthropogenic global warming is “settled science” is an ideologue with a far-left www.underwritersinsider.com

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2-20 or 20-44 Agent Needed In Pembroke Pines, FL

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Great opportunity for the agent looking for the opportunity to be paid by production rather than salary. Our Pembroke Pines office is looking the right people to write commercial and/or personal lines. Email cr2dome1@ gmail.com for more information. 10-7

Roswell, GA Premium Finance Sales Opportunity Are you ready to take your sales career to the next level? Est. in 1984 and based in Roswell, GA, Advanced Insurance Systems Inc. is a fast paced, high growth technology company that develops and markets premium finance software throughout N. America. While working mostly insidesales in our Roswell office, you will be challenged by the development of new business and the on-going support for existing clients. Help move sales opportunities through demos, proof of concept and responding to requests for information and proposals. Resumes to:

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Experenced Commercial Lines CSR-Tampa Area Established large Independent Agency seeks experienced Commercial Lines CSR. Duties include all aspects of customer service incl. telephone calls from customer and underwriters, issue COI, Auto ID Cards, Evid. of Prop. Market new and renewal policies, prepare proposals, process invoices, binders, policies, endorse., audits, recommend., etc. This position requires a minimum of 4 years of commercial account handling. Knowledge of AMS360 management system will be a plus. Contact: susank@adcock-insurance.com 10-8

P&C Carrier Asst. Controller Upper NY State Stat/GAAP - solid yellow book required.Company will negotiate relocation at offer. Great area to raise a family. Enjoy all outdoor sports - hunting, fishing, hiking, water sports, skiing. Contact: Jeanine Drahota Lost Dutchman Search 480-563-7676 jkd@lostdutchmansearch.com 10-7 â&#x20AC;&#x153;The only real difference between a tax man and a taxidermist is that the taxidermist leaves the skin.â&#x20AC;? - Mark Twain

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SAY WHAT?

whether the White House has just abandoned the individual mandate, the heart of ObamaCare itself. This is a huge public policy decision that could affect millions of Americans.” - Speaker of the House John Boehner responding to a report that the Notable Quotes You May Have Missed! Obama Administration unilaterally broadened a December edict (relieving people whose Jewish State? What Jewish State? health insurance policy had been cancelled from complying with the PPACA individual There is no need for the Palestinians to mandate) to anybody who believes they’ve recognize Israel as a Jewish state. The had a “hardship in obtaining insurance” - and American stance is clear in that it recognizes documentation is optional... Israel as a Jewish state, but there is no need for the Palestinians to recognize it as such The Price of Failed Leadership in a final agreement.” - The spokeswoman for the American State Department, Jen Psaki, Why, across the world, are America’s stated in an interview last in March with the hands so tied? A large part of the answer “Al-Quds” newspaper that the Palestinians a distinct shift from the position of the Bush is our leader’s terrible timing. In virtually Administration. American Jews who vote every foreign-affairs crisis we have faced Democratic are beginning to take particular these past five years, there was a point note of the clear pro-Palestinian bias of the when America had good choices and good options. There was a juncture when America Obama Administration. had the potential to influence events. But we failed to act at the propitious point; that Whistleblower: Liars In Washington moment having passed, we were left without acceptable options. In foreign affairs as in I still represent whistleblowers, and I see life, there is, as Shakespeare had it, “a tide in the people in this current administration the affairs of men which, taken at the flood just blatantly lying -- lying to American leads on to fortune. Omitted, all the voyage citizens, lying about people trying to redress of their life is bound in shallows and grievances. These huge scandals start with in miseries.”- Former presidential dishonesty.” - Joseph Schmitz, who served as candidate Mitt Romney inspector general of the U.S. Department of reflecting on President Defense from 2002-05, in an interview with Obama’s failure to act and Watchdog.org. the resulting diminished respect for the U.S. Without Again, Obama a doubt, the world is a much more dangerous place as Changes Law On A Whim a result of Obama’s naive, progressive Quietly, without any fanfare, world view. there’s a real question about

“

“ 26

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Supremely Irrational Court...

“

The statutory cap on wrongful death noneconomic damages does not bear a rational relationship to the stated purpose that the cap is purported to address, the alleged medical malpractice insurance crisis in Florida. No rational basis currently exists (if it ever existed) between the cap imposed and any legitimate state purpose.” - Florida Supreme Court Justice Fred Lewis inexplicably unable to see a relationship between caps on malpractice awards and insurance rates.

The Florida Medical Association Responds

“

This decision imperils our considerable efforts to make Florida the best state in the nation for physicians to practice medicine and for patients to receive care. Thanks to the Florida Supreme Court, we can be sure that patients will face an intensified access-tocare crisis. The likely outcome will be that trial lawyers will refocus their sights on physicians, meritless lawsuits will clog our courts, and physicians will move to states with a more favorable litigation. - Alan Harmon, President of The Florida Medical Association responding to the March 13th Florida Supreme Court ruling which will certainly have a negative impact on medical providers and medical consumers.

ObamaCare Fraud Summarized

“

They said if you liked your insurance you could keep your insurance—but that’s not true. It was never true! They said if you liked your doctor you could keep your doctor—but that’s not true. It was never true! They said they

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would cover everyone who needed it, and instead people who had coverage are losing it—millions of them! They said they would make insurance less expensive—but it’s more expensive! Premium shock, deductible shock. They said don’t worry, your health information will be secure, but instead the whole setup looks like a hacker’s holiday. Bad guys are apparently already going for your private information.” - Columnist, author, pundit Peggy Noonan summarizing the ObamaCare fraud in an article she recently penned for the Wall Street Journal.

Kolbe Takes A Brave Stance

“

I won’t react to something just because I’m supposed to, because I’m an AfricanAmerican. That argument doesn’t make any sense to me. So we want to advance as a society and a culture, but, say, if something happens to an African-American we immediately come to his defense? Yet you want to talk about how far we’ve progressed as a society? Well, if we’ve progressed as a society then don’t jump to somebody’s defense just because they’re African-American. You sit and you listen to the facts just like you would in any other situation, right? So I won’t assert myself.” - Basketball great Kolbe Bryant daring to take a contrarian position on Trayvon Martin during a March interview in “The New Yorker.” For his independent and thoughtful stance, he was called a “jerk” and a “cornball” by black activists who also called for Bryant’s products and endorsements to be boycotted - proving once again - there is no room for independent thought or dissent on the left.

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March 2014

February 2014

January 2014

December 2013

November 2013

October 2013

September 2013

August 2013

July 2013

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The Underwriterâ&#x20AC;&#x2122;s Insider

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

December 2012

November 2012

October 2012

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Continued from Page 10

ZALMA

of the investigation.

The parsonage’s heating system was inspected and tested on three separate occasions from November 2009 to April 2010. The results of the inspections were inconclusive. Although it was evident that the carbon monoxide had been emitted from the parsonage’s heating system, the exact source and cause of the carbon monoxide leak were not clear. In March 2011, the parties resumed communicating when Rauterkus received requests for additional information from attorney Peter Wegman, who had been hired by the Greens to assist in their representation. After exchanging correspondence, Wegman sent Rauterkus a demand letter on August 19, 2011, seeking policy limits for John’s death and Cheryl’s bodily injuries. In response, Church Mutual filed a declaratory

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judgment action its insurance The Greens gave on September policies. By so 7, 2011, seeking doing the Greens up their right to a determination limited their damages from the that the policies’ right to recover church in exchange p o l l u t i o n damages to exclusions damages from to collect on the precluded any the Church’s church’s slim rights duty on its insurance part to defend to recover from the c o m p a n y , or indemnify Church Mutual. insurer although the Church with respect the church probably TRIAL to the Greens’ had assets that could COURT claims. Church have been used to Mutual also As the satisfy a judgment. sent the Church d e c l a r a t o ry a reservation judgment action of rights letter denying coverage on the basis of progressed in the district court, the Greens disclosed their intent those exclusions. to have a chemist testify as an expert witness regarding whether carbon monoxide is an “irritant” THE CONSENT or “contaminant.” Church Mutual AGREEMENT moved in limine to exclude the chemist’s testimony and then later In February 2012, the Church and moved for summary judgment. the Greens entered into a consent The district court granted both agreement in which the Greens motions, having concluded agreed not to “pursue or collect that the pollution exclusions on any of [the were unambiguous, that carbon Church’s] assets monoxide was a “pollutant” as or assets of any defined by the policies, and that members of the the Greens’ claims thus were not Church, except covered under the plain terms for any rights of the policies. Additionally, the to indemnity district court rejected the Greens’ under any contention that Church Mutual was i n s u r a n c e estopped from denying coverage policies[.]” In because of its delay in reserving its e x c h a n g e , rights. the Church assigned to the Greens all rights it had under See Zalma Pg 39

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Experts and Consultants for Insurance Disputes 4441 Sepulveda Boulevard Culver City, California 90230 310-390-4455 zalma@zalma.com http://www.zalma.com

Consultation from Zalma Insurance Consultants (ZIC) can save you or your client thousands of dollars in the defense or prosecution of an insurance dispute. ZIC provides expert advice and counsel insurers and plaintiffs’ counsel find indispensable. Consultation from ZIC can save you, your counsel or client hundreds of hours of investigative and legal work. ZALMA INSURANCE CONSULTANTS is a service of Barry Zalma, Inc. a California professional corporation. Barry Zalma is an internationally recognized expert on insurance coverage, insurance claims handling, insurance bad faith, insurance fraud detection, the defeat of false and fraudulent claims, Barry Zalma, Esq. insurance claims handling, and the resolution of insurance disputes. As a consultant, expert witness, lawyer, author, mediator or arbitrator he serves all parties who need consultation or expert testimony on matters relating to insurance coverage, insurance claims handling, insurance fraud and the tort of bad faith. Barry Zalma founded Zalma Insurance Consultants to help resolve any insurance claim problem faced by you or your clients that do not need Mr. Zalma’s services as a lawyer. His experience and skill as a consultant and expert witness can make the difference before a jury or other trier of fact. For more than 44 years as a claims person and insurance coverage attorney, Barry Zalma has represented insurers, advised insurers on claims handling, interpreted coverages and testified as an insurance coverage, insurance bad faith, insurance claims handling and insurance fraud expert on behalf of insurers and policyholders in state and federal courts.

Expert Testimony

Zalma Insurance Consultants serves insurers, policyholders, underwriters, brokers, agents, adjusters, public insurance adjusters, lawyers and any person involved in an insurance dispute. Because he is an attorney licensed to practice law in the state of California M r. Zalma may be prohibited by California case law from acting as a consultant or expert witness and, therefore, refuses to serve in any situation where a past client of his law firm, Barry Zalma, Inc. is adverse to anyone seeking his services.

Y ou can obtain M r. Zalma’s C.V . at http://www.zalma.com and his e-book publications http://www.zalma.com/zalmabooks.htm and blogs daily at Zalma on Insurance, http://zalma.com/blog.

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The Underwriter’s Insider

extender (also called a wireless repeater) works. It grabs your WiFi signal signal and resends it on the same frequency to the farthest regions of your house. If your If you already have a wireless N current router can’t quite make it router, a firmware update may still all the way, an extender gives you increase your network’s reliability, extra range. speed and security. Each router is a little different when it comes to Now, a wireless extender isn’t updating firmware. You’ll need to necessarily the best solution. check your router’s manual or the manufacturer’s website for stepby-step instructions. Continued From Page 9

KIM KOMANDO

Because it has to receive and then retransmit on the same signal, an extender will cost you at least half your Wi-Fi speed. Before you shell out the cash for a repeater, try moving your router to a more centralized location in your house. Put it as high as possible See Kim Komando Pg 38

If you do opt to buy a new router, you’ve got to check out my free router buying guide. 3. Take a quick Internet survey of your house II don’t want to point any fingers, but I’d check in with the kids and anyone else using your home WIFi to make sure they’re not sucking up your bandwidth with online video, gaming or (horrors) filesharing. That can bring down the quality of the service for everyone else in the house very quickly. That didn’t solve the problem? I have one more suggestion: 4. Buy a wireless extender It could be your house is too big for your modem, or walls are blocking your signal. Your modem just needs a little help. That’s exactly what a wireless www.underwritersinsider.com

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Continued from Page 21

NO NEWS IS GOOD NEWS? One would expect New York to take the lead on news. They must have at least a public information office, right? Apparently not. New York shows a total of seven press releases since January 2014 including such titillating subject material as: “Excerpts From Superintendent Lawsky’s Remarks On Non-Bank Mortgage Servicing In New York City.” And no - we didn’t bother to read it and we don’t suppose you will either. Where’s the red meat, New York?

CFO JEFF ATWATER ANNOUNCES ARREST OF WESTON MAN ACCUSED OF DEFRAUDING MORE THAN 270 FLORIDIANS

ALLAHASSEE – Chief Financial Officer Jeff Atwater today announced the arrest of David Glincher, 47, of Weston on charges of theft, white collar crime and fraud for allegedly filing car insurance claims on behalf of consumers who were either unaware of the filings or never received claim payouts. The Department of Financial Services’ Division of Insurance Fraud worked alongside the Broward Texas and Commissioner County State Attorney to reveal an Rathgerber do a decent job with elaborate scheme targeting more their press releases with nine of than 270 victims. them in February 2014 alone. California also does a credible job “I am proud of our investigators’ with their website media section work to stop this fraudster from - however, only 12 press releases taking advantage of any more since January 1st? Floridians,” said CFO Atwater.

In general, the art of government consists of taking as much money as possible from one party of the citizens to give to the other. Voltaire (1764) 34

The magnitude of this crime allowed Glincher to be charged with Aggravated White Collar Crime – a seldom used first-degree felony. A review of bank records, along with victim interviews, determined the total theft to be nearly $300,000. Glincher was booked into the Broward County Jail and bond was set at $29,500. If convicted, he faces up to 30 years in prison.

Insurance fraud drives up costs for all Floridians, and we will not allow it to continue.” Glincher allegedly sent letters to victims of traffic accidents and encouraged them to file claims through his company, Auto Loss Claims Consultants, LLC (ALCC). Regardless of whether the victim completed the claim form or discarded it, claims were still filed and funds were paid to ALCC by various insurance companies without the knowledge of the victims.

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Continued from Page 23

ADVISOR the same forever. How do the anthropogenic “Warmers” account for the fact that the Earth has had at least five “ice ages” - all of which ended during periods of dramatic (big drum roll here) global warming? No SUV’s; no coal-fired power plants - but enough “global warming to end an ice age!

remarkable speed of these changes. Within the incredibly short time span (by geologic standards) of only a few decades or even a few years, global temperatures have fluctuated by as much as 15°F (8°C) or more.”

If you are a typical consumer of science news, you’ve probably been let to believe that this climate change thing you’ve been hearing about is something new, dangerous and entirely man-made. We must alter our lifestyles dramatically “For example, as Earth was to save the planet! It’s simply a emerging out of the last glacial lie. cycle, the warming trend was interrupted 12,800 years ago Is our climate changing? If it’s when temperatures dropped not, it’ll be the first time in at least 4.00 billion years that it has not. Yet, over the past 100 years - the climate has changed much less than you’ve been led to believe - and it hasn’t changed at all over the past 17.5 years! (See chart)

Why is that significant? Let’s Simplified chart created by the Utah Geological Survey showing revisit our second question: Is when the five major ice ages occurred in the past 2.4 billion the global warming a result years of Earth’s history. Modified from several sources including of human activity? Al Gore Dynamical Paleoclimatology: Generalized Theory of Global Climate and the rest of the radical Change, 2002, by Barry Saltzman. “Warmers” have insisted the warming is a direct result of In the same scientific journal on an official Utah.gov website, dramatically in only several mankind’s carbon dioxide decades. A mere 1,300 years (CO2) and other emissions. the authors go on to state: later, temperatures locally “On a shorter time scale, spiked as much as 20°F (11°C) Yet according to a February global temperatures fluctuate within just several years. Sudden 2014 Forbes report, “during often and rapidly. Various changes like this occurred at this now extended period of records reveal numerous large, least 24 times during the past no global warming mankind’s widespread, abrupt climate 100,000 years. In a relative emissions of the carbon dioxide changes over the past 100,000 sense, we are in a time of (CO2) that are supposed to be years. One of the more recent unusually stable temperatures See ADVISOR Pg 36 intriguing findings is the today—how long will it last?” www.underwritersinsider.com

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world added roughly 100 billion tonnes of carbon to the atmosphere between 2000 and 2010. That is about a quarter of all the CO2 put there by predominant in causing global humanity since 1750.” warming continued to explode, Settled Science? with one third of all CO2 added to the atmosphere since the Hardly. industrial revolution occurring during this period. So what’s the scoop? If the Earth has ALWAYS had climate The Economist magazine change and there seems shocked the global warming little connection between establishment with an article human activity and continued in March, 2013 that began with warming, why have the this lede: progressives so embraced the warming hysteria? “OVER the past 15 years air temperatures at the Earth’s It’s more than obvious surface have been flat while and we’ve been telling our greenhouse-gas emissions audience for years: Global have continued to soar. The Continued from Page 35

ADVISOR

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Warming is a progressive wet dream. It is simply the best vehicle progressives have ever discovered to advance their anti-corporate, anticapitalist, anti-energy and yes, anti-American agenda. Add in proposed Cap and Trade carbon taxes, and you also give the progressives the best taxing and wealth redistribution device they could ever have dreamed of. Yet author Peter Ferrara in a Forbes magazine report says it even better: “The theory of mancaused, catastrophic, global warming is embraced not because of any “science,” (that sham is for the “useful idiots,”), but because it is a justification for a government takeover

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of the energy industry, with massive increases in regulation, taxes and government spending. The United Nations loves it because it inspires fantasies of the UN growing up to be a world government, with real government powers of global taxation, spending and regulation, all “to save the planet.”

Warmers. They’ve shifted the facts. Perhaps the most conversation to where ALL inconvenient fact is the lack of extreme weather is now “proof” global warming for well over of Global Warming. You hear it 17 years now. This is known to everyday: Record snows, record the warming establishment, cold, excessive rain or no rain, as one can see from the 2009 floods, hurricanes, tsunami’s - “Climategate” mail of climate or the lack thereof - all “proof” scientist Kevin Trenberth: ‘The of global warming! The fact is that we can’t account desperate, muddled message for the lack of warming at the of the “Warmer” community moment and it is a travesty is worthy of the best work of a that we can’t.’” Scientists who go along with SNL comedy writer. the cause are Even should it be rewarded not “Global Warming is a progressive wet proven that the only with praise planet is warming, dream. It is simply the best vehicle for their worthy J.H., what would be they have ever discovered to advance social conscience, the most intelligent their anti-corporate, anti-capitalist, but also with response to that altogether billions reality? Should we anti-energy and yes, anti-American in hard, cold cash hysterically spend agenda. Add in proposed Cap and (government and trillions of dollars Trade carbon taxes, and you also give environmental to restructure the the progressives the best taxing and grants), for their entire civilized cooperation in wealth redistribution device they could world in a futile helping to play attempt to reverse ever have imagined.” the “useful idiots.” a multi-billion year Moreover, many academic In case you are thinking The trend of climate change? scientists are “progressives” Advisor is alone is his climate themselves, and so favor skepticism, you should note Or should we better spend a sharp increases in government the Wall Street Journal recently little of that money making spending, taxes and regulation, reported sixteen prominent common sense adjustments to because they are certain they scientists have had the courage accommodate the inevitable know how to run your life to question the “settled science” climate change - the same better than you do.” of climate change: solution mankind has used successfully for hundreds of When the Earth stops “The number of scientific thousands of years? warming, as it has done for “heretics” is growing with each the past 17 years, it doesn’t passing year. The reason is a even slow the rhetoric of the collection of stubborn scientific - The Insider Advisor www.underwritersinsider.com

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Some specialty care more expensive under ACA

Continued From Page 33

KIM KOMANDO

...The Phoenix woman has discovered what many Affordable Care Act shoppers have learned: The least-expensive plans sold over the marketplace often limit the doctors and hospitals that consumers can choose to a narrow network of providers with whom insurance companies negotiate discounted rates. In metro Phoenix, some larger cancer and transplant hospitals don’t participate in many marketplace plans at all... and away from fridges and filing cabinets.

The 20 Cheapest Cars to Insure

...On the surface you’d expect Jeep, which is owned by Chrysler Group and is itself a subsidiary of Fiat (NASDAQOTH: FIATY), to be this rugged adventurer’s vehicle that would command moderate to high insurance rates because of the prospect of damage from being taken off-road. In fact, most Jeep ads show their vehicles being taken off-road, and it’s one of the main reasons the Wrangler currently sits at No. 3 on the list of vehicles with the best resale value after five years....

CA Gun Control Legislator Arrested for Gun Trafficking

“Ironically, while he’s being charged with gun trafficking, next to (U.S. Sen.) Dianne Feinstein he was probably the second most outspoken gun control advocate. This really leaves us scrambling for someone to pick up that mantle,” said Paul Song, executive chairman of CourageCampaign.org. “If it wasn’t so sad it would be comical. But what we’re really worried about is that this will further destroy the momentum for gun control here in California.” (and yes, he’s a Democrat...)

If all else fails, you could get plenty more signal with this fun and effective hack using a beer can. Check out my how-to video. It really works! Copyright 2013, WestStar Multimedia Entertainment. All rights reserved.

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Earthquake reminds Californians to be prepared for the Big One The 5.1 La Habra earthquake was significantly more powerful than the 4.4 magnitude trembler on St. Patrick’s Day in Los Angeles. These events serve as a reminder of the importance of purchasing earthquake insurance, having an emergency plan with adequate supplies for your family, and to retrofit older homes that may not be tied down to the foundation. 38

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ZALMA ANALYSIS The interpretation of an insurance policy is a question of law. Under Nebraska law, a court interpreting a contract, such as an insurance policy, must first determine, as a matter of law, whether the contract is ambiguous. The Greens argue that the terms “irritant” and “contaminant,” as used in the policies’ definition of “pollutants,” are ambiguous. The Eighth Circuit recognized that the broad nature of the pollution exclusion may cause a commercial client to question the value of portions of its commercial general liability policy, but, as an appellate court reviewing terms of an insurance contract, it could not say that the language of the pollution exclusion is ambiguous in any way. In fact, it found that the language in the Church Mutual pollution exclusion is clear and susceptible of only one possible interpretation. Because carbon monoxide is a gas that can render air “unfit for use” if introduced at high levels, it constitutes a “pollutant” as defined by the policies. As a result the Eighth Circuit also held that the Nebraska Supreme Court would conclude that carbon monoxide is a pollutant.

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In contesting whether carbon monoxide constitutes a “pollutant,” the Greens assert that the district court erred in granting Church Mutual’s motion in limine to exclude the testimony of their expert witness regarding whether carbon monoxide is an “irritant” or “contaminant.” The Eighth Circuit disagreed because the interpretation of an insurance policy is a question of law for the court, not a question of fact, and, therefore, expert testimony has no bearing on the court’s interpretation.

ZALMA OPINION Carbon monoxide, in high levels, is a deadly gas and clearly fits within the definition of pollutant. Since the pollution exclusion is clear and unambiguous there is no potential for coverage under the CGL. This should have been obvious to the plaintiffs’ counsel as it was to Church Mutual, the church, and both the trial and appellate court.

The Clay Center Christian Church had a brilliant lawyer that eliminated the exposure faced by his client by getting the Greens to accept a “pig in a poke” in exchange for a sure win and a defendant with assets to satisfy a judgment.

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If the heating system at the parsonage was defective there was a good probability that the Clay Center Christian Church would be held liable for the death of pastor Green and the injuries suffered by Mrs. Green. The Greens gave up their right to damages from the church in exchange to collect on the church’s slim rights to recover from the insurer although the church probably had assets that could have been used to satisfy a judgment.

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