The Underwriters Insider - May 2013 by The Underwriter's Insider

Features 5 9 18 23 24 26 28

Advertising Kim Komando Inside Track Insider Advisor Classifieds Say What? Back Issues

News 7 8

AIA Appluads Signing of Tennessee WC Reform

How To Spring Clean And Revive Your PC - by Kim Komando

Ejusdem Generis & Clear Exclusion - Expert Analysis by Barry Zalma, Esq.

Train Wreck Coming! Obamacare Comes Home To Roost...

PIA Of Florida Charges FAIA An “Unlikely Foe” In Legislative Battle

Judge Jeanine Blasts Mother Of Boston Bombers: “We Don’t Want You Here!”

In Wake of Boston Bombing, O’Reilly Tells C.A.I.R. Director, “I Don’t Care What Islam Means To You!”

Javier Naranjo Forms Security Underwriting Managers

New Internal Combustion Engine May Revolutionize Electric Cars

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News 14

L.A.A.I.A. Analyses Florida Citizen’s Omnibus Senate Bill SB-1770

Mississippi March Hailstone Damage Estimated At $210 Million

Obamanomics Scorecard: $2.5 Million Per Job CreatedLoss of $500K Per Car Sold

Just Released Survey: 25.6 Million Americans Fell Victim to Fraud

Academic Cesspool: The Decline Of The American Educational System

AIA Urges Florida House To Oppose Senate Bill 1832

PCI Issues Statement on Texas Fertilizer Plant Explosion

Phone Towing Bills Lead To Fraud Arrests

Georgia Bank Teller - 48 Months For Embezzlement & Indentity Theft

Florida Arrests Escambia County Agent In Life Insurance Scam

F.A.I.A. Responds To PIA Charges Of “anti-competitive and destructive behavior”

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AIA APPLAUDS SIGNING OF TENNESSEE WORKERS’ COMPENSATION REFORM LEGISLATION

ASHINGTON, D.C., April 30, 2013 – The American Insurance Association (AIA) applauded the signing of S.B. 200, The Tennessee Workers’ Compensation Reform Act of 2013, by Governor Bill Haslam (R-TN). S.B. 200 contains measures which will improve the efficiency of the Tennessee workers’ compensation system for both employees and employers. These measures include: moving from a court-based adjudication system to an administrative one; authorizing the adoption of medical treatment www.underwritersinsider.com

guidelines; improving the flow of medical information; and changing the method for calculating permanent partial disability (PPD) benefits.

based adjudicatory system to an administrative-based one. An administrative system that provides for streamlined dispute resolution is far more compatible with the no-fault nature of workers’ compensation than the cumbersome tort system. Prior to the enactment of S.B. 200, Tennessee was one of the last states to have a courtbased claims adjudication process.

“AIA is especially pleased with the provision that will create an “AIA applauds Gov. Haslam for signing administrative adjudicatory system. This S.B. 200 into law and for his continued provision, along with others improving leadership throughout the legislative the flow of medical information and process,”said Ron Jackson, AIA Southeast authorizing the adoption of medical region vice president. “The Act is the treatment guidelines, will significantly right approach to providing much improve the workers’ compensation needed reform to Tennessee’s workers’ system if properly implemented. compensation system.” We look forward to working with policymakers on its implementation,” One key component of the reforms said Jackson. is the movement from a court-

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CONTENTS May 2013

A Publication of AdMax Media Corp Corporate Offices

P.O. Box 31551 Palm Beach Gardens, Florida 33420 561.718.0745 info@underwritersinsider.com © Entire Contents 2013 AdMax Media Corp

To best navigate The Insider, begin with the Table of Contents and select your topic. On the bottom of most pages is a Table of Contents link that will immediately return you for your next topic selection. EVERY SPONSOR AD LINKS DIRECTLY TO THE SPONSOR’S WEBSITE. CLICK ON ANY AD TO VISIT OUR FINE SPONSORS!

JAVIER NARANJO FORMS SECURITY UNDERWRITING MANAGERS, INC. WILL ACT AS PRESIDENT

avier Naranjo brings over 15 years of experience in insurance business development, underwriting, sales and leadership expertise to his role as President of Security Underwriting Managers Inc. (SUM). Before creating SUM, he served as Vice President of Modern Insurance

work-flow models that synthesize technology, efficiency and program profitability. Javier has served on the board of directors for the Latin American Association of Insurance Agencies (www.laaia.com) since 2007

Consultants, a specialty lines broker. Naranjo has experience developing programs from the ground up and selling multiple lines of property and casualty insurance. An operational systems expert, he has created

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currently holding the title of Vice President. Naranjo earned a Bachelor of Arts degree in Statistics and Industrial/ Organization Psychology from Rutgers College. Additionally, he holds both a general lines and surplus lines license. The Underwriter’s Insider

SPRING CLEAN AND REVIVE YOUR PC

by Kim Komando

any folks bring themselves and their homes out of the winter doldrums with a frenzy of spring cleaning and organizing. One area of your house you might neglect, however, is your computer.

Fortunately, cleaning and de-cluttering your PC is easy to do and doesn’t take much time. It’ll prolong the life of your machine and help you get more work done faster. That means you can spend more time outside, enjoying the longer, warmer days!

Clean that hardware Your PC has collected some dust bunnies since its last cleaning. These trap heat and

shorten the life of your system.

cotton swabs dipped in isopropyl alcohol for a deep clean between the keys. For your monitor screen, use a soft, slightly damp lint-free cloth. Don’t use cleaners that contain ammonia.

There there’s your keyboard, which probably has a fair amount of bread and potato chip crumbs lodged between the keys. Don’t even get me started on the germs your keyboard, mouse and touchpad collect!

If you’re confident enough to open up the inside of a PC desktop case, now’s a good time to remove dust buildup on the case fans, air vents, motherboard and CPU heatsink and fan. On a laptop, blow compressed air into the intakes along the side.

Time for some do-it-yourself detailing.

Zap those viruses

First, turn off your computer or laptop and unplug it. If your keyboard and mouse are wired, unplug them from the computer. If they’re wireless, shut them off and remove the batteries. A few blasts of compressed air should take care of any dust on the keyboard and debris stuck between keys. Next, swab your keyboard and mouse with bleach-free disinfec ting wipes to re m o v e grime. You can also u s e

In addition to compromising your privacy, spyware and viruses bog down your PC’s performance. Scan your machine with reputable anti-virus and anti-spyware programs to combat this threat. If you need antivirus software and spyware remover, visit my Security Center for free programs. Run the scans and remove any threats that pop up. Remember to update your security programs often so you can stay protected from emerging threats. Weekly scans help, too. Free up and optimize hard disk space Windows uses free hard disk space for extra memory. A hard drive that’s nearly full will slow down your computer. First, get rid of temporary Internet and Windows files with the free program CCleaner. Two more free programs help. Grab See Kim Komando Pg 33

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EJUSDEM GENERIS & CLEAR EXCLUSION Expert Analysis by Barry Zalma, Esq.

enjamin Ergas dropped a hammer on his tile floor, causing it to chip. He filed a claim for the damage with his homeowner’s insurance company which denied coverage, because it claimed that the damage constituted “marring” which was excluded from coverage. After the homeowner filed suit, the trial court entered summary judgment, agreeing with the insurance company that the damage was not covered by the policy.

amount of coverage. They also argued that, under the doctrine of ejusdem generis, the term should be read in context. As it was found in the policy between the terms “wear and tear” and “deterioration” it suggests that marring was intended to refer to damage which was caused over time. Since the damage from the dropped hammer was sudden, they argued it came within coverage.

ANALYSIS 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, “Insurance Fraud,” which is available at his Web site, www.zalma.com. Go to Zalma Books at http://www.zalma.com/zalmabooks.htm.

The Florida Court of Appeal in Benjamin Ergas and Beth Ergas v. Universal Property and Casualty Insurance Company, No. 4D113803 (Fla.App. 04/24/2013) reviewed the case to determine whether coverage applied for the damage. It concluded that Benjamin and Beth Ergas were insured under a homeowner’s insurance policy with Universal, that Mr. Ergas dropped a hammer on the tile floor in the home and chipped, and that the chip was about the size of the hammer head, which appears from the pictures in the record to be the size of a quarter. The Ergases then filed a claim to recover for this damage under their homeowner’s policy. The insurer denied the claim on grounds that the policy excluded coverage as follows:

however, for loss: . . . 2. Caused by: . . . (e) Any of the following: (1) Wear and tear, marring, deterioration . . . .” The Ergases opposed the motion for summary judgment, arguing that the term “marring” was ambiguous because the policy did not define the term. As any ambiguity should be interpreted in their favor, and that it should be given a construction that gave them the greatest Join Barry Zalma’s new Blog:

“We insure against risk of direct loss to property… We do not insure, 10

The insurance policy in this case was an “all risk” policy. An all risk policy covers all fortuitous losses but it does not cover all conceivable losses. The appellate court started its analysis with the guiding principle that insurance contracts are construed in accordance with the plain language of the policy as bargained for by the parties. If the policy language is susceptible to two reasonable interpretations, one providing coverage and the other excluding coverage, the policy is considered ambiguous. Nevertheless, insurance contracts must be read in light of the skill and experience of ordinary people, and be given their everyday meaning as understood by the man on the street.

http://www.zalma.com/blog

See Zalma Pg 31

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TRAIN WRECK: OBAMACARE COMES HOME TO ROOST

hen Rep. Nancy Pelosi The unintended consequences of (D-CA) was attempting Obamacare keep rolling in. Some to sell the enormously cynical observers might say they are complicated, enormously unpopular intended consequences.. How ironic 2801 page Obamacare bill to the is it that one of the most noticeable American people, effects so far seen she infamously from the laughably uttered the phrase, named Affordable “We have to pass Health Care Act is the bill to find out the skyrocketing what’s in it...” The cost of health malfeasance of insurance - up as our lawmakers much as 33% by in passing a bill Rep. Nancy Pelosi: (D-CA) some estimates. without knowing We have to pass the bill to what was in it is While Obama find out what’s in it...” coming back to promised over haunt us now. and over, “you’ll be able to keep the insurance you Many of the truly concerned, ironically, have,” more and more employers are Democrats who are dropping insurance coverage on supported the soemployees due called Affordable to the rising cost Care Act - not for and complexity of the damage they compliance with may have done Obamacare. Will to this country these uninsured but for their next be quickly driven election when the to single-payer voters finally figure government-run Sen. Max Baucus (D-MT) out what’s been health care? Was it “I just see a huge train done to them. the plan all along?

Democrat Gov. Nathan Deal: ObamaCare a ‘Train wreck about to happen.’ The list of unintended consequences goes on. The CBO recently estimated the cost as double what was originally promised by Obama - as much as $50 billion a year more. Many health insurers no longer offer child-only policies. An entire column could be drafted simply on the enormously negative effect of new Obamacare taxes and compliance on our already weak economy.

Donald Trump: “Obamacare a Disaster”

wreck coming down,”

Even Montana Democratic Senator Max Baucus, one of the key architects of the law said last month in regards to the implementation and coming effects of Obamacare, “I just see a huge train wreck coming down. Small business has no idea what to do; what to expect.” www.underwritersinsider.com

Healthcare professionals are warning that Obamacare will add tens of millions of Americans (and non-Americans) to the pool of those seeking healthcare without adding additional healthcare personnel or infrastructure resulting in a certain degradation of care for most Americans.

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Democrat Sen Harry Reid: Obamacare “Train wreck if not properly implemented” 11

PIA OF FLORIDA CLAIMS VICTORY ON LEGISLATIVE SESSION - DESPITE WHAT IT TERMS “THE MOST UNLIKELY OF FOES”

fter more than 65 years of representing professional insurance agents in Florida and before the legislature, we thought we had seen it all. Of course, as soon as you think that you will certainly be surprised, and we were. First, the good news. In fact, make that GREAT NEWS! PIA of Florida was successful in achieving its two major objectives this legislative session protecting agent commissions and averting private alternatives to the Citizens Clearinghouse. There is nothing more fundamental than protecting agent commissions. Frankly, if we aren't doing that, we don't deserve to be here. Early in the session,

we sounded the alarm that your commissions were being considered to pay for part or all of the new Citizens Clearinghouse. We received an overwhelming reaction of concern, despite some who compared our actions to "pulling the fire alarm in a crowded theater." I guess we would have to respond by saying it's OK to do that when the theater is on fire! At no point has PIA of Florida ever opposed the Citizens Clearinghouse concept. We were there throughout the discussions at Citizens and in legislative committees as the idea was developed. We all support the

responsible depopulation or prevention of population of Citizens, recognizing that its level of exposure is extremely dangerous to Floridians. However, it is also critical that agents do not become the scapegoat for the problem and are fairly compensated for the valuable work and advice they provide their clients. Fortunately, Senate Banking and Insurance Chairman David Simmons (R-Altamonte Springs) agreed, and at

See PIA Claims Victory - Page 36

JUDGE JEANINE BLASTS MOTHER OF BOSTON JIHADISTS: “WE DON’T WANT YOU HERE!” Click on Image to See Video

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FOX’S BILL O’REILLY GOES AFTER CAIR’S EXECUTIVE DIRECTOR: “I DON’T WANT TO HEAR WHAT ISLAM MEANS TO YOU!”

DO YOU KNOW A KEY PERSON IN THE CIGAR MFG. BUSINESS? National brokerage seeks individual with connections in cigar manufacturing and distribution. Exclusive business opportunity!

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LAAIA SUMMARY OF PASSED FLA. SENATE BILL: SB 1770

n May 3rd, the Florida Senate approved SB 1770, the Citizens omnibus bill by a vote of 32-1. The final bill will now go to the Governor for signature. Once signed by the Governor the bill will take effect July 1, 2013, except where otherwise noted. The final bill includes the following provisions:

Eligibility • Denies eligibility for any new construction seaward of the Coastal Construction Control Line • Beginning in 2015, implements a stepdown in coverage from $1 million to $700,000 over three years. In counties where the Office of Insurance Regulation determines there is no competition, Citizens may write or renew policies for properties insured for up to $1 million

Takeout • Provides that companies that take policies out of Citizens may use Citizens' forms and endorsements for up to three years without approval from OIR

Clearinghouse • Effective January 1, 2014, creates a clearinghouse for Personal Residential lines coverage within Citizens. Commercial residential lines are excluded from the clearinghouse, but Citizens is directed to develop procedures to divert ineligible commercial residential policies from Citizens and report on those 14

procedures to the presiding officers by 1/1/14. Commercial nonresidential lines are exempted from the clearinghouse. • Requires all new applications and all renewals for personal residential property insurance in Citizens to be submitted to the clearinghouse to determine if the policy can be written or renewed by a property i n s u r e r operating in the private market within Citizens' premium eligibility restrictions. If the clearinghouse finds an offer from a private insurer that is up to 15 percent greater than the Citizens' rate, the homeowner may not be insured by Citizens. • Allows Citizens' policyholders who are deemed ineligible for Citizens coverage at renewal to return to Citizens for up 36 months using the renewal eligibility rule instead of the 15 percent new-business rule, if the private insurer increased the policyholder's rate by more than 10 percent per year in 36 months. • Establishes a mandatory two-day wait period for all new Citizens applicants before coverage can be bound to enable private-market offers of coverage to be made. Citizens may issue a short-term (3060 day) binder of coverage for applicants in need of immediate coverage. • Amends the Assessment Acknowledgement Form, which must be signed by all new citizens applicants,

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to clarify that applicants must seek insurance coverage in the private market before applying for coverage with Citizens • Provides a public records exemption for proprietary business information submitted by an insurer to the Citizens' clearinghouse that is to identify and select risks from the clearinghouse

Inspector General • Creates an Inspector General at Citizens, to be appointed by the Financial Services Commission. Requires Citizens' IG to report to and be supervised by Chairman of Citizens' Board. Sets forth duties and responsibilities of office. Appointment by • Adds a consumer representative to the Citizens Board of Governors, to be appointed by the Governor • Adds a new member to the Florida Commission on Hurricane Loss Projection Methodology who must be a professional structural engineer with expertise in wind mitigation techniques. Appointment to be made by the Governor.

Public Adjusters • Repeals 10 percent fee cap on Citizens' claims that result in a fee of 10 percent for initial hurricane claims made in the first year, 20 percent for initial claims made in subsequent years and 20 percent for all reopened and supplemental claims.

See LAAIA Summary Page 16 The Underwriter’s Insider

MISSISSIPPI MARCH HAILSTORM DAMAGES PAID APPROACHING $210 MILLION

damage claims have been filed and claims payments are at $209.4 million.

April 15, 2013 there have been over 15,000 homeowner claims and nearly 40,000 auto claims filed and paid. The “Companies continue to work with next reporting period during which consumers as quickly as they can insurance companies report updated and again MID has had very few figures to the Department is May 1, complaints about the claims process,” 2013. Commissioner Chaney expects Commissioner of Insurance Mike the numbers will increase more at that Chaney said. time and will probably exceed 60,000 claims. The most frequent question being asked What a terrible thing of MID Consumer Services has to do with to have lost one’s the total loss process for mind. Or not to have automobiles and delays caused by the volume of a mind at all. How claims filed.

ackson, MS – The latest report from Mississippi’s major insurance carriers on the March, 2013 hailstorm to the Mississippi Insurance Department, shows that both claim and payment numbers continue to rise. As of the April 15, 2013 reporting period over 56,000 Miss. Comm. of Ins. homeowner and automobile Mike Chaney www.underwritersinsider.com

true that is.

According to the aggregate figures reported to the Department, as of

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- Dan Quayle 15

Continued From Page 14

LAAIA SUMMARY (Current law for non-Citizens' claims.) Prohibits a public adjuster from receiving compensation from any source over the statutory fee cap. • Requires Public Adjustors who submit claims on behalf of Citizens policyholders to meet with Citizens representatives directly to reach an agreement on the scope of a covered loss.

Other Citizens

Provisions of Note • Codifies the purchasing guidelines approved by the Citizens Board of Governors in March 2013 (Subjects Citizens to 287.057 F.S., procurement guidelines for purchases made on or after October 1, 2013.) • Requires that Citizens complete, submit to OIR and publish on its website an annual report on the Citizens' loss ratio on non-catastrophic residential losses on a statewide and county basis

Florida Hurricane Catastrophe Fund • Changes name of the CAT fund to the

State Board of Administration Finance Corporation • Extends for three years the assessment exemption for Medical Malpractice policies • Requires Citizens and the Cat fund to prepare and submit an annual report about their exposure and related assessment need to the Legislature and Financial Services Commission.

Notable Provisions Not Included in the Final Bill The following provisions were widely discussed this session, but were not included in the final bill: • Increased rates for new and/or current policyholders, including elimination of or an increase in the glide path • Elimination of staggered appointments for members of the Citizens Board of Governors • Requirement that the Governor and Chief Financial Officer (CFO) appoint the Citizens President/Chief Executive Officer) and reaffirm their appointment each time a new Governor or CFO is elected • Requirement that Citizens Board members be subject to Senate confirmation • Establishment of a temporary keepout program to serve as a bridge between July 1, 2013, and the January 1, 2014, implementation of the clearinghouse • Citizens bad faith liability

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OBAMANOMICS SCORECARD NOW OFFICIAL: TAXPAYERS PAID $2.5 MILLION PER JOB CREATED - U.S. TAXPAYERS LOST $500,000 ON EACH CAR SOLD

ut hey - we can afford it, right? Don’t let that little $1 trillion budget deficit bother you; don’t let that paltry $17 trillion debt get in the way of your “greenee” ideology. Even if we are going bankrupt to do it, even if we are spending our grandchildren’s money to make it happen, doesn’t it make you feel good to be so compassionate about jobs; so concerned about saving the planet? Apparently, that’s all that’s important to the Obama administration - especially if the money is going to a major contributor to the Obama campaign.

From the Washington Examiner: “It’s more than a little disheartening when the chief executive officer of one of America’s most storied Fortune 500 corporations is “comfortable” with the fact that his company created a mere 10 jobs with a $25 million grant under President Obama’s economic stimulus program in 2010. The CEO in question is Honeywell’s David Cote, and the stimulus grant involved came from the Department of Energy to advance Obama’s green energy agenda. The funds were to be used by Honeywell’s UOP subsidiary to build a biofuels technology demonstration plant in Oahu, Hawaii, supposedly creating 85 construction jobs and 40 permanent positions in each succeeding year.” Shameless. Or clueless. 40 permanent jobs for $25 million in taxpayer money. www.underwritersinsider.com

(A thousand jobs were promised...) reduce pollution corresponding to 30,000 With no accountability. Neither the fewer cars. Obama administration nor David Cole feels the slightest Fisker’s ATVM loan Fisker Automotive urge to apologize. has attracted some Neither is red-faced. controversy. (Ya Inc. spent more than Cole is “comfortable.” think?) Politicians six times as much U.S. Obama is already and journalists have taxpayer and investor planning his drawn comparisons money to produce next campaign with similar loans each luxury plug-in contributor financial received by the boondoggle. now-bankrupt solar car it sold than the company received from cell manufacturer But the Honeywell Solyndra. customers, according debacle pales in to a research report. comparision to the After drawing $193 taxpayer money million, the [US] squandered on government froze Fisker Automotive, a true black hole Fisker’s credit line in May 2011 after it for taxpayer dollars. The company was determined that the company had planned to build energy-saving hybrid not met milestones set as conditions automobiles assembled in Finland. for the loan and hired Houlihan Lokey Yes, Finland. to assist in monitoring Fisker’s progress. The loan received additional scrutiny for being awarded for the manufacture of Courtesy of Wikipedia: [$100,000+]luxury vehicles that are too Fisker received a $528.7 million expensive for much of the general public.” conditional loan in September 2009 from the Department of Energy’s $25 billion Advanced Technologies Vehicle Manufacturing Loan Program (ATVM). A total of $169.3 million was for engineering work with primarily USA suppliers to complete the Fisker Karma, design tools and equipment, and develop manufacturing processes. The second stage includes a $359.36 million ATVM loan for Fisker’s Project Nina, involving the manufacture of a plug-in hybrid in the U.S. expected to

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The government of Delaware provided another $21 million to the company to fund construction of a plant in that state. Fisker, in spite of all the best intentions and save-the-planet sentiments has halted production as of the summer of 2012. Seemingly to set the failure of the company in steel, their battery supplier, A123 Systems out of Watertown, MA See Taxpayer Rip-Off Page 27 17

nother Obamacare promise bites the dust as even federal officials acknowledge that premiums have risen and will continue to rise - especially for those that obtain insurance from their employer. As a result, fewer and fewer employers are offering insurance as a benefit of employment since the average premium paid for family coverage more than doubled form an average of $6,300 in 2000 to $13,400 today.

arren Hillman, a resident of Virginia, made his wife, Judy Maretta the beneficialry of his Federal Employee’s Group Life Insurance policy. He later divorced Judy and remarried Jacqueline HIllman - but neglected to change the beneficiary on his policy. After his death, Judy recieved the policy death benefit and Jacqueline sued. While Virgina law revokes the previous beneficiary in favor of the current spouse, federal law disagrees. The Virginia Supreme Court will rule on the case this summer.

Magnolia were out manuevered by ART of NY and Allianz causing Magnolia’s collapse while protecting themselves from loss. Florida wants the $20 million back - largely to repay the Flroida Guarantee Fund.

SCnet and Applied Systems announced today that registration is open for TENCon 2013, the flagship conference for users of Applied Systems software. TENCon 2013, “Powering the Future,” will take place September 30 – October 3, 2013, at Aria Resort in Las Vegas and focus on maximizing business success as technology continues to transform the insurance industry. TENCon is the signature conference for insurance professionals who use Applied Systems software. TENCon 2012 attendance increased 60 percent from the previous year, and TENCon 2013 is

expected to expand again with new education sessions, an expanded networking program and more partners and exhibitors. Insightful networking events and exciting entertainment will be featured to maximize the value of this annual sought after technology conference.

ith the support of at several Florida female lawmakers, Florida governorRick Scott is preparing to sign a bill ending lifelong alimony payments in the state. If passed, the new law would bar alimony payments extending more than half the duration of a marriage as well as capping the payment with some formula based on income. Existing settlements could be revisiited under the law.

ork Risk Services Group (York), a premier national provider of claims-management, specialized loss adjusting, alternative risk programs, pool administration and other insurance services, today announced that Jim Ossner has joined the company as Vice President of Sales for York Alternative

mWINS Group is expanding into Richardson, Texas and has signed a lease for almost 40,000 square feet at Tower 2600 in downtown Richardson, increasing their Texas presence by 30%

n a shell-game of transfered assets and liabilities, Florida insurance regulators alleges that Allianz Insurance caused the collapse of a domestic insurer by taking $20 million in assets out of Magnolia Insurance, a subsidiary of S. Florida based IRG Financial Group. Court papers make it appear that IRG and

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Risk Solutions (York ARS). Ossner’s responsibilities will include new business development associated with York’s alternative risk programs. York ARS services include captive management, program administration for captive programs and self-insured groups, as well as claims administration, managed care, loss control and premium audit services that are available on a bundled and unbundled basis.

nsurance software company Applied Systems announced in April the general release of Applied Epic 7, the latest version of the fastest-growing insurance agency and brokerage management system. Applied Epic 7 offers advanced capabilities to insurance agencies and brokerages for greater business productivity, increased profitability and enhanced customer service. The general release of Applied Epic 7 also marks the first time the Applied Epic system is commercially available to insurance brokerages in Canada. Applied Epic 7 runs on a modern, flexible and secure architecture that provides agents and brokers with one scalable platform to automate workflows, mitigate risk and drive sustainable growth and profitability.

conic Partners, a strategic marketing firm serving the commercial insurance industry, has recorded its eleventh month of rapid growth with SafeSoft Solutions, a leader in cloudbased sales and marketing productivity solutions for call centers and small to mid-size businesses. Iconic Partners, of Indianapolis, Indiana, provides lead generation and appointment setting services for fast-growing independent commercial insurance agents. Firms tend to turn to Iconic for support when entering aggressive growth phases, and in need of a steady stream of highquality leads to support their rampup. Iconic, in turn, relies on SafeSoft Solutions technology to underpin their efforts. In my experience,” Iconic’s Vice www.underwritersinsider.com

President of Operations, Brett Jacobson, said, “dialing manually we could reach 25 people per hour versus 40 to 50 people per hour using SafeSoft. We saw improvements immediately.”

pplied MobileProducer was named this week one of the 50 best mobile apps for independent insurance agents by Insurance Journal magazine. The list was compiled by the magazine’s staff, industry experts and polled readers through Facebook, Linkedin and Twitter. Applied MobileProducer is the first and only independent agent mobile application designed specifically for insurance producers to provide them instant access to client information. Its intuitive interface gives producers personalized on-demand access to their client data, enabling them to increase sales, retention and customer satisfaction. In addition to connecting to data in their agency management system, producers can communicate through e-mail, add activities, leverage GPS technology to map accounts and coordinate daily schedules with Applied MobileProducer.

he American Insurance Marketing & Sales (AIMS) Society, a professional organization dedicated to building insurance sales, marketing and technical expertise, has elected officers and a new member to its board of directors. The election took place at the organization’s annual meeting in Grapevine, Texas last month. Elected to serve as president was June Taylor, CPIA, CIC, CPIW, DAE, principal at Wilkinson Insurance Agency in White House, Tenn. Taylor also was re-elected to a three-year term on the AIMS Society Board of Directors. Jim Mansfield, CPIA, owner of Mansfield Insurance Agency, Lawrenceburg, Ind., was elected to serve a three-year term on the board.

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The insured losses should reach $100 million as soon as adjusters are allowed to inspect all of the structures and vehicles that were damaged.” He also went on to add that “As far as I can tell, every policyholder in West has been contacted by their insurance company and help has been offered.” Mark Hanna, spokesperson for for the Insurance Council of Texas in regards to ccording to Pew Research, “While the fertilizer plant explosion in April. The the Boston bombings riveted explosion, wihich registered like a small earthquake and felt as most Americans, the far away as 80 miles, incident appeared completely destroyed to confirm the 140 homes and seriously public’s long-held damaged 300 others. belief that occasional The damage also terrorist acts are to included a retirement be expected. Over home, an apartment the past decade, building, businesses, majorities have and schools, which had consistently said that all sustained damage “occasional acts of Source: Pew Research from the explosion that terrorism in the U.S. leveled the fertilizer will be part of life in the plant, as well as vehicles, future.” This sentiment which were damaged. has spiked to 75% in the wake of the He believes that there were hundreds of Boston bombings from 64% a year ago cars, trucks, SUVs and other vehicles that and now matches the previous high of were damaged or destroyed when the 74% in 2003.” plant blew up.

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JUST-RELEASED FTC SURVEY FOR 2011 SHOWS AN ESTIMATED 25.6 MILLION AMERICANS FELL VICTIM TO FRAUD

he Federal Trade Commission in April released a statistical survey of fraud in the United States during 2011, which showed that an estimated 25.6 million adults – 10.8 percent of the adult population – were fraud victims.

Internet category, which included email, social media, auction sites and classified ads, was followed by print advertising, and TV and radio. Most consumers bought fraudulent items via the Internet; telephone purchases ranked second.

Consumers who were more willing to take risks and those who had recently experienced a negative life event (such as a divorce, death of a family member or close friend, serious injury or illness in their family, or the loss of a job) were much more likely to

Weight-loss Products (5.1 million estimated) Prize Promotions (2.4 million est.) Unauthorized Billing for Buyers’ Club Memberships (1.9 million est.) Unauthorized Billing for Internet Services (1.9 million est.) Work-at-Home Programs (1.8 million est.) Credit Repair Scams (1.7 million est.) Debt Relief (1.5 million est.) Credit Card Insurance (1.3 million est.) Business Opportunities (1.1 million est.) Mortgage Relief Scams (800,000 est.) “The FTC fights fraud every day by taking scammers to court and telling consumers how to avoid being scammed. Studieslike this one help us fine-tune both our enforcement and education efforts,” said Charles Harwood, Acting Director of the FTC’s Bureau of Consumer Protection. While fast-growing online commerce has benefitted consumers with greater choice and convenience, the survey indicates that, as of 2011, the Internet was also the place where consumers most often learned about fraudulent offers. The 20

The survey asked consumers about 15 specific categories of fraud, and two general categories, and of the specific categories the top 10 are highlighted in the text box below. An estimated 17.3 percent of African Americans and 13.4 percent of Hispanics were victims; the rate for non- Hispanic whites was 9 percent. The survey found that high school graduates were the least likely to have been fraud victims; those who did not complete high school were the most likely to have been victims.

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have been victims. Consumers who indicated they had more debt than they could handle were significantly more likely to have been fraud victims than those who were more comfortable with the amount of debt they had. The FTC offers more information for consumers in 10 Ways to Avoid Fraud, Avoiding Online Scams and Common Online Scams. The Commission vote to release the survey was 4-0.

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ACADEMIC CESSPOOLS By Guest Columnist Dr. Walter E. Williams The Decline Of The American Educational System

Born in Philadelphia, Pennsylvania, Dr. Walter E. Williams holds a B.A. in economics from California State University, Los Angeles, and M.A. and Ph.D. degrees in economics from UCLA. He also holds a Doctor of Humane Letters from Virginia Union University and Grove City College, Doctor of Laws from Washington and Jefferson College and Doctor Honoris Causa en Ciencias Sociales from Universidad Francisco Marroquin, in Guatemala, where he is also Professor Honorario.

ver the past 10 years, I have written columns variously titled "Academic Cesspools," "Academic Dishonesty," "The Shame of Higher Education," "Academic Rot" and "Indoctrination of Our Youth." Therefore, I was not surprised by David Feith's April 5th Wall Street Journal article, "The Golf Shot Heard Round the Academic World." In it, Feith tells of a golf course conversation between Barry Mills, the president of Bowdoin College, in Brunswick, Maine, and philanthropist Thomas Klingenstein. Klingenstein voiced disapproval of

There are “no curricular requirements that center on the American founding or the history of the nation.” Even history majors aren’t required to take a single course in American history. In the history department, no course is devoted to American political, military, diplomatic or intellectual history; the only ones available are organized around some aspect of race, class, gender or sexuality.

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Dr. Williams has served on the faculty of George Mason University in Fairfax, Virginia, as John M. Olin Distinguished Professor of Economics, since 1980; from 1995 to 2001, he served as department chairman. He has also served on the faculties of Los Angeles City College, California State University Los Angeles, and Temple University in Philadelphia, and Grove City College, Grove City, Pa.

campus celebration of diversity and ethnic differences while there's "not enough celebration of our common American identity." Because Klingenstein wouldn't help finance the college's diversity craze, Mills insinuated, in remarks to the student body, that Klingenstein is a racist. Mills also told students: "We must be willing to entertain diverse perspectives throughout our community. ... Diversity of ideas at all levels of the college is crucial for our credibility and for our educational mission." Klingenstein decided to check out Mills' commitment to diverse perspectives by commissioning the National Association of Scholars to examine Bowdoin's intellectual diversity, rigorous academics and civic identity. Its report -- "What Does

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Bowdoin Teach?" -- isn't pretty. There are "no curricular requirements that center on the American founding or the history of the nation." Even history majors aren't required to take a single course in American history. In the history department, no course is devoted to American political, military, diplomatic or intellectual history; the only ones available are organized around some aspect of race, class, gender or sexuality. Some of the 37 seminars designated for freshmen are "Affirmative Action and U.S. Society," "Fictions of Freedom," "Racism," "Queer Gardens," "Sexual Life of Colonialism" and "Modern Western Prostitutes." As for political diversity, the report estimates that "four or five out of approximately 182 full-time faculty members might be described See Academic Cesspools Page30 21

AIA URGES FLORIDA HOUSE TO OPPOSE SENATE BILL 1832

ASHINGTON, D.C., – Ron Jackson, Southeast region vice president for the American Insurance Association (AIA), issued the following statement in response to today’s passage of SB 1832 by the Florida Senate. Under the bill, the state would rescind the nearly 30-year old tax credit on insurance companies’ payroll. The 15 percent tax credit has incentivized insurers to hire Floridabased employees. SB 1832, which passed the Senate by a vote of 39 to 0, now heads to the House of Representatives for consideration.

Mr. Jackson’s statement follows: “The insurance industry employs more than 180,000 Floridians who are an important part of the state’s economy. The per for mance - dr i ven credit incentivizes insurers to locate their operations in the Sunshine State and hire Florida-based employees. Removing the tax credit will remove this powerful incentive. “AIA urges members of the House of Representatives to oppose SB 1832 and preserve the working tax credit which has worked so well to create jobs in Florida.”

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The American Insurance Association (AIA) is the leading property-casualty insurance trade organization, representing approximately 300 insurers that write more than $100 billion in premiums each year. AIA member companies offer all types of property - casualty insurance, including personal and commercial auto insurance, commercial property and liability coverage for small businesses, workers’ compensation, homeowners’ insurance, medical malpractice coverage, and product liability insurance. The Underwriter’s Insider

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“The Final Authority on Everything!” Byte Me

an you tell me what comes after terabyte? I’m still getting used to gigabyte, but bigger is better I guess! J.H. Orlando, FL Petabyte, J.H., which means 1 quadrillion bytes. Just to put that in some perspective: The smallest piece of data you can store on a computer is a bit. There a 8 bits in a byte - and 1000 bytes in a kilobyte. The earliest hard drives available in a PC (IBM XT) were 10 megabytes. or 10,000 kilobytes of information. (or 10 million bytes) At the time, we were all pretty impressed by the fact that we could store thousands of names and addresses on one little hard drive! Before too long, computers began selling with 20MB hard drives and then 60MB hard drives - where you could now store not only data but larger operating systems and multiple programs. They were very impressive at the time, but laughably small by today’s standards. A few years later, computers began arriving with 2 or 3 gigabyte drives. A gigabyte is a thousand megabytes; a billion bytes. (“Giga” is latin for 1 billion.) Again, we were all amazed that the new storage capacity of these drives - now room for music, pictures and games as well as rapidly expanding operating systems and programs like MS Office and Photoshop. Now, of course 1 or 2 Terabyte (a terabyte is 1000 gigabytes and “tera” means 1 trillion in latin) hard drives are both common and inexpensive. The computer on which I am laying out www.underwritersinsider.com

ADVISOR

this magazine has over 5TB (5 trillion bytes!) of data storage.

Bit = 1 bit Byte = 8 bits Kilobyte = 1024 bytes Megabyte = 1024 kilobytes Gigabyte = 1024 MB Terabyte = 1024 GB Petabyte = 1,048,576 GB Exabyte = 1,073,741,824 GB Zettabyte = 1,099,511,627,776GB

If history repeats itself, it won’t be too long before we can buy a Petabyte hard drive - although available storage capacity may have finally outpaced storage needs. I have almost 100,000 high-res images on a 2TB drive with room to spare. (from my days as a professional

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photographer).

Portable storage (as in flash drives) is quickly catching up to where hard drives were only a few years ago. I recently purchased a 32GB flash drive for $19.99 at Costco. That’s 6/10’s of 1 cent per 10MB - while the first 10MB hard drives cost $ hundreds! The next generation of storage technology has already arrived in the form of SS (solid state) drives. These devices have no moving parts, ala flash drives, and data can be written and read much faster than legacy drives with internal mechanical spinning disks. The enhanced speed makes for much faster boot times and more secure data storage. Still more expensive than mechanical drives, prices are dropping fast.

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PCI ISSUES STATEMENT ON TEXAS EXPLOSION

USTIN—Joe Woods, vice president, state government relations for the Property Casualty Insurers Association of America (PCI): "Insurance claims from this type of event are likely to be covered by life, health, or property casualty insurance.

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The location of the incident remains in active search and rescue mode, so it is still too early know the full insurance implications of this event. However, insurers will be working closely with their policyholders to assess the damage and process claims as soon as they have access to the area. "Generally, the people injured in this incident are likely to file claims with their life insurer or their health insurer. Injured workers or workers in the businesses nearby may be covered under workers compensation insurance. “

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author and commentator Mark Steyn noting the irony that the vehicle hijacked by the “Boston Marathon Bombers” sported one of those naive and cheesy “Coexist” bumper stickers.

“ Rarely “Let me try to understand this: the key incentive

for small businesses to support Obamacare was that they would be able to shop for the best deals in health care superstores—called exchanges. The administration has had three years to set up these exchanges. It has failed to do so. This is a really bad sign. There will be those who argue that it’s not the administration’s fault. It’s the fault of the 33 states that have refused to set up their own exchanges. Nonsense. Where was the contingency planning? There certainly are models, after all — the federal government’s own health-benefits plan (FEHBP) operates markets that exist in all 50 states. So does Medicare Advantage. But now, the Obama administration has announced that it won’t have the exchanges ready in time, that small businesses will be offered one choice for the time being—for a year, at least. No doubt, small-business owners will be skeptical of the Obama Administration’s belief in the efficacy of the market system to produce lower prices through competition. That was supposed to be the point of this plan. The notion of activist government will be in peril—despite the demographics flowing the Democrats’ way— if institutions like the VA and ObamaCare don’t deliver the goods.”- Joe Klein, Democrat and iconic liberal, author and columnist for Time Magazine, The New York Times, New Yorker, The New Republic and other periodicals, giving no quarter while ripping the Obama administration for its incompetent implementation of Obamacare.

“I wonder, when the ‘Co-exist’ car is returned to

its owner, whether he or she will keep the bumper sticker in place. One would not expect him to conclude, as the gays of Amsterdam and the Jews of Toulouse and the Christians of Egypt have bleakly done, that if it weren’t for that Islamic crescent you wouldn’t need a bumper sticker at all. But he may perhaps have learned that life is all a bit more complicated than the smiley-face banalities of the multiculturalists.” - Best-selling 26

in modern history have so many in Washington labored so hard and produced so little. On every major item on President Obama’s agenda, there is a flurry of activity that may amount to nothing.” - Howard Kurtz, host of CNN’s Reliable Sources program, and Washington bureau chief for The Daily Beast, commenting on the ineptness of the Obama administration and the train wreck that is Obamacare.

“ Substitute

the Tea Party for Islam, and liberals would be hitting the floor in a swoon of ecstasy today, their every fantasy about the adversaries of Big Government joyously fulfilled. The Internet would groan beneath the weight of their blog posts and op-eds. And it’s not hard to imagine various officials of the Obama Administration egging them on, linking the bombers to everything from the defeat of gun-control legislation to sequestration.... Every Republican would become an accessory to the bombings.” - John Hawyard, author, in a column after the Boston Marathon bombers were identified as radicalized Muslims, entitled, “Hunt For The Elusive Tea Party Murderer Continues” regarding the left-leaning media’s desperate attempts to pin every mass murder/ terrorist attack on conservatives in the hopes that “sooner or later, one of these maniacs will turn out to be someone who doesn’t like ObamaCare!” - only to be forced to retreat in despair as the real perpetrator (one who does not fit their narrative) is brought to justice.

“ America is facing a jihadist enemy. It is an enemy

that has proven it can inflict more civilian casualties on the United States than any other foreign enemy in almost 200 years. Just last week this enemy killed 3 innocent people, wounded more than 100 and paralyzed a major American city. Yet, our obsession with political correctness, with a strong desire not to offend our enemies makes our self-defense immeasurably more difficult. The evil nature and intentions of our jihadist enemies are already clear. They hate us enough to pack pressure cookers with ball bearings, to hijack airliners and turn them into weapons of mass destruction, to wear underwear bombs, shoe bombs, and any other kind of bomb they can smuggle onto aircraft. Yet we still can’t face facts.” - Jay Sekulo, noted columnist, in a telling column regarding our response to the Boston Marathon bombing entitled “Political Correctness Kills.”

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Continued From Page 17

“They [Obama administration] made a mistake” in awarding the loan, PrivCo Chief Executive Officer Sam Hamadeh said of the Energy Department in an interview yesterday. “Should they have fought this sooner? Obviously — as soon as it became evident that they had begun to default.”

TAXPAYER RIP-OFF

speculated that there is much expertise on Marxist theory). No amount of failure will cause them to adjust their course - it’s not in the left’s DNA to do so. If it were, countries like N. Korea or Cuba would have ceased to exist long ago.

(who received another $279 million of taxpayer money!) ceased production - and, just to keep From The Heritage: it interesting, 338 Fisker Karma vehicles were subsequently For those who only hear about these failing companies destroyed by Hurricane Sandy one by one, the following is a list of all the clean energy representing about 20% of the companies supported by President Obama’s stimulus entire Karma production run. that are now failing or have filed for bankruptcy.

From Bloomberg News: “Fisker Automotive Inc. spent more than six times as much U.S. taxpayer and investor money to produce each luxury plug-in car it sold than the company received from customers, according to a research report. The Anaheim, California-based company made about 2,500 of its $103,000 Karmas before halting production last year, disrupting its plans to use a $529 million U.S. loan to restart a shuttered Delaware factory owned by the predecessor of General Motors Co. (GM) The Karma was assembled in Finland.

Evergreen Solar SpectraWatt Solyndra (received $535 million) Beacon Power (received $43 million) AES’ subsidiary Eastern Energy Nevada Geothermal (received $98.5 million) SunPower (received $1.5 billion) First Solar (received $1.46 billion) Babcock & Brown (received $178 million) Ener1 (subsidiary EnerDel received $118.5 million) Amonix (received 5.9 million) The National Renewable Energy Lab Fisker Automotive Abound Solar (received $400 million) Chevy Volt (taxpayers basically own GM) Solar Trust of America A123 Systems (received $279 million) Willard & Kelsey Solar Group (received $6 million) Johnson Controls (received $299 million) Schneider Electric (received $86 million)

Fisker was allowed to keep using money from its Energy Department loan after violating its terms multiple times, according to a report released April 17 by PrivCo, a New York-based researcher specializing in closely held companies. It said it based its report on documents, including the loan agreement, obtained through the U.S. Freedom of Information Act.

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The modus operandi of the Obama team is clear. They simply push ahead on ideological grounds with utter faith that their righteously leftist beliefs will ultimately redeem their actions. There is no real expertise in free-market economics, (although it could be

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There is no real accountabilit y. The vast body of l o w - i n fo r m a t i o n American voters that elected Mr. Obama and continue to ardently support him are not even aware of Honeywell, Solyndra, Fisker and many others - or the permanent damage being done to the American economy by these misguided policies.

In the president’s world view of centralized government control he forgets that while he can buy company production - he does not control consumer choice the big reason why his economic model continues to fail - and will always fail. Only the free-market is capable of accurately mating production choices with consumer demand and the freemarket is a system in which Mr. Obama does not believe or trust. -Editor 27

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Continued From Page 21

ACADEMIC CESSPOOLS as politically conservative." During the 2012 presidential campaign, 100 percent of faculty donations went to President Barack Obama. Despite political bias and mediocrity, in 2012, Bowdoin was ranked sixth among the nation's liberal arts colleges in U.S. News & World Report and was ranked 14th on Forbes magazine's list of America's top colleges. That ought to tell us how much faith should be put in college rankings.

some colleges have become bold enough to hire former terrorists to teach and possibly indoctrinate our young people. That's the case with Columbia University in the hiring of convicted Weather Underground terrorist Kathy Boudin, who spent 22 years in prison for the murder of two policemen and a Brink's guard. She now holds a professorship at Columbia's School of Social Work. Her Weather Underground comrade William Ayers is a professor of education on the faculty of the University “What we see on college campuses of Illinois at Chicago. represents a dereliction of duty by Unrepentant, in the wake of 9/11, Ayers boards of trustees, which bear the ultimate responsibility. Wealthy donors told us: ''I don't regret setting bombs. I feel who care about the fraud of higher we didn't do enough.'' education should recognize that there’s Bernardine Dohrn, nothing like the sound of pocketbooks his wife, is a professor Northwestern snapping shut to open the closed minds at University School of college administrators.” of Law. Her stated mission is to overthrow I applaud Klingenstein for not making capitalism. Ayers and Dohrn, as well as a contribution to a college agenda that the Rev. Jeremiah Wright, are people is so common today. Wealthy donors who hate our nation and are longtime are generous but tend to be lazy and associates of President Obama's. uninformed in their giving. They give That might help in explaining our large sums of money that winds up president's vision. supporting college agendas that are contemptuous of donors' values, such What we see on college campuses as enlightened racism, anti-capitalism represents a dereliction of duty by and Marxism. A rough rule of thumb boards of trustees, which bear the to discover modern-day racism is ultimate responsibility. Wealthy donors to search a college's website to see who care about the fraud of higher whether it has vice presidents or deans education should recognize that there's of diversity and diversity programs. If nothing like the sound of pocketbooks so, keep your money. snapping shut to open the closed Recent evidence has emerged that minds of college administrators. 30

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“A canon of construction that when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include The policy in question covers losses only items of the same type as those to the premises. The definition of listed.” “mar,” the verb from which “marring” It refers to an item of the same type is taken, has multiple meanings. In its as those in the list. As pointed out motion for summary judgment, the by Universal, there are no general insureds quoted two definitions: “the terms or general words which require common, plain and ordinary meaning the application of the principle of of the term ‘marring’ includes ‘to injure, ejusdem generis in the present spoil, damage, ruin, detract from’ (the contract. Rather, three specific causes Universal Dictionary of the English are listed in the exclusion: “wear and Language, 1939), or to ‘detract from the tear, marring, and deterioration.” Each perfection or wholeness of’ (Miriam- of these causes does not require interpretation by reference to the Webster Online Dictionary, 2009) . . . .” other because they stand alone Other definitions include: “1. To as a separate and clear exclusion inflict damage, especially disfiguring from coverage. The appellate court, damage, on; 2. To impair the therefore, concluded that principle of soundness, perfection, or integrity of; spoil.” The American Heritage Dictionary of the English Language Online, (4th ed. 2000) (emphasis added). Appearing at www.thefreedictionary. com. Another definition is: “(tr): to cause harm to; spoil or impair; n. a disfiguring mark; blemish.” Collins English Dictionary – Complete and http://www.zalma.com/zalmabooks.htm Unabridged Online; www. t h e f re e d i c t i o n a r y. c o m . (emphasis added) Universal also ejusdem generis does not apply and quotes Black’s Law Dictionary (revised affirmed the final summary judgment edition) for its definition of “mar”: “to entered by the trial court. make defective; to do serious injury to; to damage greatly; to impair, spoil, ZALMA OPINION ruin; to do physical injury to, especially by cutting off or defacing a part; to Mr. Ergas found a way, from his mutilate; mangle, disfigure, deface.” accident with a hammer, to get a new (Emphasis added). tile floor for his home. He made claim to his insurer assuming they would The principle of ejusdem generis not take the chance of being sued means “of the same kind or class.” for such a small claim. He assumed Black’s Law Dictionary 556 (8th ed. incorrectly. The insurer read the 2004) defines it as: wording of the policy, applied that

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wording to the facts of the loss and denied the claim. Adding insult to the injury of the claim for a chipped tile Ergas sued. The Florida Court of Appeal disposed of the insured’s argument by applying the words of the policy as it was written and refused to rewrite the policy.

TOWING BILLS LEAD TO INSURANCE N.C. FRAUD CHARGES

ALEIGH, Insurance Commissioner Wayne Goodwin today announced the arrests of Terry Louis Johnson, 29, and Sharonda Renee Taylor, 31, both of 14 Oakside Court, Durham. Both have been charged with one count each of insurance fraud, obtaining property by false pretense and felony conspiracy. Department of Insurance criminal investigators allege that between March and December 2012, Johnson and Taylor submitted at least seven fraudulent vehicle towing invoices to MetLife Auto and Home Insurance for which they received $600. Johnson and Taylor turned themselves in on April 10 in Warren County, and each was placed under a $2,500 secured bond. 31

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KIM KOMANDO Revo Uninstaller to thoroughly remove any programs you don’t use anymore. Zap trial software and other unwanted bloatware with PC Decrapifier. Still bumping up against your hard drive’s storage limit? Consider moving your photo, video or music library to an external drive. Use a free disk-visualizing program such as WinDirStat to see what other applications and files are taking up the most space.

on your computer. Make sure you click the “Check for updates” link to see if the computer is up to date.

Kim Komando hosts the nation’s largest If you haven’t done so, turn on talk radio show about consumer automatic updates so you get hassle- electronics, computers and the Internet. free protection in the future. You can do To get the podcast, watch the show or this by clicking “Change settings” and find the station nearest you, visit: http:// choosing “Install updates automatically” www.komando.com/listen. To subscribe in the drop down menu. to Kim’s free email newsletters, sign-up at: http://www.komando.com/newsletters.

If your PC or laptop has a conventional hard drive - not a solid-state drive it can benefit from defragmenting. In Start>>Control Panel, run Disk Defragmenter (Optimize Drives in Windows 8) to consolidate fragmented files and folders and speed up reading and writing to the disk. Also run the Error Checking utility, which scans the drive for bad sectors and file system errors.

Update Windows software The second Tuesday of every month is sort of a holiday for Windows users. It’s called Patch Tuesday, and it’s the day Microsoft releases updates for Windows. Other tech companies often release patches to coincide with this date, too. These updates help you keep drivers and service packs up to date. They also fix security holes in Windows and programs like Office and Internet Explorer, which hackers can exploit by sneaking malware onto your PC. Go to Start>>Control Panel>>All Programs>>Windows Update. It will tell you what updates need to be installed www.underwritersinsider.com

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GEORGIA BANK TELLER SENTENCED TO 48 MONTHS OF PRISON FOR EMBEZZLEMENT OF FUNDS AND IDENTITY THEFT

ichael J. Moore, United States Attorney for the Middle District of Georgia, announced the sentencing of Victoria Metz, age 26, formerly a resident of Albany, Georgia, on April 25, 2013, by the Honorable W. Louis Sands, United States District Judge for the Middle District of Georgia, Albany, Georgia. Ms. Metz was sentenced by Judge

Sands to serve 48 months in the custody of the Bureau of Prisons and 3 years of supervised release after serving her sentence. She was also ordered to pay restitution to Colony Bank in the amount of $79,361.00. On January 16, 2013, Ms. Metz was found guilty by a jury of Counts One through Twelve, Sixteen, Eighteen, Nineteen and Twenty. Counts One

THE HUBBLE TELESCOPE ULTRA DEEP FIELD 3D LOOKS BACK 13 BILLION YEARS - TO THE BEGINNING OF THE UNIVERSE

through Ten charged Embezzlement of Government Property, in violation of Title 18 United States Code, Section 641. Counts Eleven through Twenty charged Aggravated Identity Theft, in violation of Title 18 United States Code, Section 1028A. “When Ms. Metz stole her victims’ identities, she took something from every one of us. The message should be clear, when you commit identity theft, you are going to jail,” said U.S. Attorney Michael Moore. Ms. Metz while employed as a teller at Colony Bank, Leesburg, Georgia, knowingly cashed $79,361.00 in stolen Internal Revenue Service refund checks. Ms. Metz admitted to law enforcement agents that on some occasions she received a cut of the proceeds from the third party that supplied her with the stolen checks. The case was investigated by the United States Secret Service, and the Leesburg Police Department. The case was prosecuted by Assistant United States Attorney Jim Crane.

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FLORIDA ANNOUNCES ARREST OF ESCAMBIA COUNTY INSURANCE AGENT IN LIFE INSURANCE SCAM

employment seminars throughout the southeastern United States including Florida, Georgia and Mississippi. Petersen placed an estimated 285 fictitious life insurance policies with American National Insurance Company, which paid him bonuses and commissions of more than $330,000. American National informed the department of the suspected fraud once the policies started canceling for nonpayment. Petersen was booked into the Escambia County Jail. If convicted, he faces up to 30 years in prison. Pending the outcome of the criminal investigation, administrative action may be taken against his insurance license.

ALLAHASSEE - Florida Chief Financial Officer Jeff Atwater announced today the arrest of insurance agent Randall Petersen, 47, of Cantonment, on several felony charges including insurance fraud, grand theft and FLA CFO Jeff Atwater criminal use of personal identification. Investigators contend that Petersen created a fictitious employment company to lure individuals into applying for fraudulent life insurance policies earning him more than $330,000 in bonuses and commissions. An investigation by the Department of Financial Services, Division of Insurance Fraud, revealed that Petersen created a shell company using the business name of College Consultants of the Gulf Coast to lure individuals into attending www.underwritersinsider.com

FORMER VAN GILDER INSURANCE CEO PLEADS GUILTY TO SECURITIES FRAUD

ormer Van Gilder Insurance CEO Michael Van Gilder resigned his post last October with the 94th largest insurance brokerage firm in the U.S. in the wake of five counts of security fraud leveled against him by the U.S. Attorneyâ&#x20AC;&#x2122;s Office. While Van Gilder had formerly pleaded not-guilty to all five charges of insider trading - he changed his plea to guilty on one count in a plea deal. He is scheduled to be sentenced on August 14, 2013. He also faces a parallel civil suit filed by the SEC which is yet unresolved. The charges of insider trading stem from Van Guilder purchasing 90 call options on Delta Petroleum Corp way back in December of 2007 - just prior to a firm owned by billionaire Kirk Kerkorian purchased a 35% stake in the gas exploration company. The Van Guilder brokerage is located in Denver, Colorado and claimed $20.4 million in revenues according to a recent ranking by a major insurance periodical.

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Continued From Page 12

PIA CLAIMS LEGISLATIVE VICTORY the request of PIA of Florida, added agents to the list of those who could not be charged a fee for participating in the Clearinghouse program. House Insurance and Banking Chairman Bryan Nelson (R-Apopka) readily accepted this change, protecting your commissions for yet another year! PIA of Florida also successfully defeated a questionable attempt to create "private alternatives" to the Clearinghouse program. While we have been and continue to be stalwart advocates of private market competition, we failed to see any value in creating multiple clearinghouses other than to dilute the distribution of policies from the maximum number of potential carriers and to generate profits at the expense of agents for the operators of the so-called "private alternatives." Fortunately, legislative leaders agreed with our perspective and took the private alternatives out of the legislation. The victory on these two issues was completed yesterday, when after a tremendous amount of last-minute political jockeying to ensure that the legislation would not cause any increase in Citizens' rates, the Senate concurred with the House's changes to Senate Bill 1770 and sent it to the Governor for his signature. Just when we were ready to break out the champagne to celebrate, 36

Representative Kevin Rader (D-Boca Raton) filed an amendment that would delete the PIA of Florida seat on the Citizens Market Accountability and Advisory Committee (MAAC) and reduce the number of seats (see amendment attached). The MAAC is a key Citizens committee that PIA of Florida has served on since its inception, providing critical input in the organization's operations. Since Representative Rader is an independent insurance agent and

“PIA of Florida has steadfastly remained above the fray in its differences with the FAIA. Many times we have bitten our tongue, recognizing that agents are bound to have different perspectives, and thus, deserve options when choosing their association. However, this anti-competitive and destructive behavior spilling over into the legislative arena is truly unconscionable; especially when they should have standing alongside is in this effort.”

has sought and received financial and campaign support from PIA of Florida and its members throughout his political career, we could not fathom why he would seek to reduce agent input in Citizens, thus weakening the voice of the entire industry. Moreover, as agents serve to be the voice of consumers on the MAAC to inform the Citizens Board and staff of consumer concerns, this move can only be further interpreted as anti-consumer. As an independent insurance agent, Kevin Rader should know better. When

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asked about the amendment and if he would withdraw it, he declined to pull it without first obtaining the approval of the Florida Association of Insurance Agents (FAIA). Unfortunately, after years of spreading false and malicious rumors about PIA of Florida as an association in decline, FAIA has reacted to our successful efforts to protect agent commissions and thwart the questionable "private alternative" clearinghouses by getting a fellow agent to turn against his industry, his peers, and his constituents in a petty, and base attack. PIA of Florida has steadfastly remained above the fray in its differences with the FAIA. Many times we have bitten our tongue, recognizing that agents are bound to have different perspectives, and thus, deserve options when choosing their association. However, this anti-competitive and destructive behavior spilling over into the legislative arena is truly unconscionable; especially when they should have standing alongside is in this effort. As always, PIA of Florida will continue to focus on our mission of serving agents by providing the best possible advocacy, communication, and education available to help you grow your business. We will continue to work alongside other great agent associations who are willing to share synergies for the betterment of our mutual members. Editor’s Note: The F.A.I.A.’s response to the PIA missive is on the following page. A response from Rep. Kevin Rader’s office was requested several times - but no response was forthcoming by the time we went to press. The Underwriter’s Insider

F.A.I.A RESPONDS TO PIA CHARGES OF “ANTI-COMPETITIVE AND DESTRUCTIVE BEHAVIOR”

or more than 100 years, solidarity. FAIA’s executive committee FAIA has been an effective held a conference call with PIA’s advocate for agents within v o l u n t e e r the Legislature and the industry. leadership to clarify FAIA has worked hard to establish our position on the collaborative relationships with clearinghouse and industry trade groups, such as the build a united front National Association of Insurance on this important and Financial issue for agents. Advisors, State “If PIA truly desires a seat Despite that effort, Farm, and and possibly because at the table, disparaging others, and to of it, PIA did not work an agent legislator in build strong in concert with FAIA relationships or the industry, and an e-mail broadcast to with legislative sometimes worked thousands of insurance l e a d e r s , against it. As a result, professionals is not the regulators PIA was not at the way to get there. Nor does table when proposals and Citizens it bode well for PIA’s management. were developed and decisions were made. future relationships with F A I A ’ s lawmakers and others in leadership If PIA truly desires the industry whose hard s t ro n g l y a seat at the table, work they constantly take disparaging believes that an credit for.” the interests agent legislator in of agents are an e-mail broadcast best served to thousands of when all organizations that represent insurance professionals is not the the industry—including PIA—work in way to get there. Nor does it bode

AGIC LICENSE SUSPENDED INADEQUATE SURPLUS

lorida regulators suspended the license of auto insuror AGIC for failure to maintain $4 million in surplus as well as late filing. www.underwritersinsider.com

well for PIA’s future relationships with lawmakers and others in the industry whose hard work they constantly take credit for. FAIA will continue to support and work beside agent legislators such as Aaron Bean, Jim Boyd, Doug Broxson, Travis Cummings, Larry Lee, Bryan Nelson, Kevin Rader, and Rick Stark—even when we may not agree with their positions. Our advocacy efforts remain guided by our mission, which is to serve the needs of Florida insurance agents and consumers by promoting a healthy and competitive insurance environment. Because of FAIA’s active, strong, and growing membership (2,000 plus), and constructive and fruitful relationships with our industry partners, the 2013 legislative session was a successful one for independent agents and the industry. We regret the confusion PIA’s communication may have caused.

An attorney for the firm, affiliated with the “Ask Gary” attorney referrel service through ownership by Sarasota, FL chiropractor Gary Kompothecras stated that the insufficient reserves were a “paperwork error.” AGIC has 21 days to formally respond to McCarty’s suspension order and remains licensed to operate in Florida in the meantime. Click on image on right for complete order:

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More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.AgentsFirst.org

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Saturday, May 18th 8:00 a.m.: Golf Outing & Registration 8:30 a.m. – 10:30 p.m “Here Come De’ Judge” (3 hours CE) part 1 of 2. You must attend both parts to earn any CE credit 10:30 p.m. – 12:00 p.m: Trade Fair Lunch on your own

Agents & CSRs may attend all events for free.

12:00 p.m. – 1:00 p.m.: “Here Come De’ Judge” (3 hours CE) part 2 of 2. You must attend both parts to earn any CE credit

SC & GA Insurance Convention Agenda

1:00 p.m. – 5:00 p.m.: Agents Pool Party. Adult Beverages compliments of Driven Solutions 5:00 p.m – 7:00 p.m.: Cocktails in Hospitality Suite

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7:00 p.m. – 10:00 p.m.: United Auto Insurance Company Cocktail Party at Beach Pavilion

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9:00 a.m. – 12:00 p.m.: Progressive Insurance presents 3 hours CE 12:00 p.m. – 1:00 p.m: Lunch on your own 1:00 p.m. – 3:00 p.m.: “Localize, Mobilize, Socialize” (part 1 of 2) (3 hours CE). You must attend both parts to earn any CE credit 3:00 p.m. – 5:00 p.m.: Trade Fair 5:00 p.m – 6:00 p.m.: “Localize, Mobilize, Socialize” (part 2 of 2) (3 hours CE). You must attend both parts to earn any CE credit 5:00 p.m – 7:00 p.m.: Cocktails in Hospitality Suite 7:00 p.m. – 10:00 p.m.: AccuAuto Welcome Reception at Beach Pavilion

Custom Online Registration or call 1-617-806-4631 and guests should reference the name of the group as The AccuAuto GA/SC Insurance Conference so they will receive our negotiated rate of $169.00. Agents & CSRs may attend for free. Reps from non-participating companies are persona non grata. Earn up to 9 hours Classroom CE on Insurance Agency Management & Internet Visibility & Social Media Meet Company Reps in Trade Show Agents & CSRs Registration: http://accuautoagent13.eventbrite.com Exhibitors / Sponsors Registration at http://accuautorep13.eventbrite.com

AccuAuto’s SC & GA Insurance Convention

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May 16 – 18, 2013 The Underwriter’s Insider

Agent / CSR Online registration at http://ie13-agent.eventbrite.com Exhibitor / Sponsor Online Registration at http://ie13-rep.eventbrite.com www.underwritersinsider.com

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