The Underwriter's Insider October 2013

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

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News 7

Houston Insurance Agent Sentenced to 10 Years for Premium Fraud

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NASA’s Voyager I Officially Leaves Our Solar System on Historic Journey

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Windows XP Pending Death is Quickly Approaching - Kim Komando

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Foreclosure Destroys Insurable Interest - Barry Zalma, Esq.

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GOP Votes to Defund ObamaCare - A Mistake? OP/ED by Spencer Lehmann, RHU

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Florida Announces Conviction of Former Allstate Agent in Claims Scam

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Louisiana Agent Arrested and Served wtih Cease and Desist Orders

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North Carolina Consumer Complaint Leads to $524,000 Fine for Time

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Florida Announces Arrests of Three Miami P.I.P. Fraudsters

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AIA Statement on Senate Banking Committee TRIA Hearing

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Captain Kirk Watches Miley Cyrus Perfrom - Hilarious Satire - Graphic...

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Florida Authorizes Citizens Rate Increases

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Costa Concordia Cruise Ship Righted Watch Incredible Time Lapse Video

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Hunters Break Mississippi Gator Record with 723lb Monster!

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ObamaCare: The Ugly Truth for America - A Disaster For the Insurance Industry - Insider Advisor

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An Unexceptional Russian Mouths Off - And Sen. McCain Punches Back Sen. D. Vitter: Obama Admin. Should Learn From Austrailia’s Giant Carbon Tax Failure Before Committing U.S. I.R.S. Scandal Continues to Grow: 80% of Groups Targeted Were Conservative Mississippi Insurance Agency Owner Arrested on Fraud Charges

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Individual Life Insurance Premiums Marks 6% Growth in 1st Half 2013

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ObamaCare Will Increase Average Individual Market Premiums By 99% for Men - 62% For Women

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HOUSTON INSURANCE AGENT SENTENCED TO TEN YEARS IN PRISON

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OUSTON, TX – McKinley S h u m a t e , 59, of Houston, TX was sentenced to ten years in prison for Misapplication of Fiduciary Property in Harris County 180th District Court on August 26. Shumate was a licensed insurance agent who misappropriated over $250,000 from several insurance customers and a premium finance company between 2006 and 2008. When Hurricane Ike hit Houston in 2008, Shumate had two customers who owned commercial and residential properties damaged by the storm. Because he had taken their premium money but had not purchased insurance for them, these customers had to pay out of pocket for the repairs caused by the storm. The repairs exceeded $200,000 and one of the properties went into foreclosure. Shumate’s insurance agent license was revoked by the Texas Department of Insurance (TDI) subsequent to the criminal offense.

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In addition to the prison term, the Harris County Court recommended that the Texas Department of Corrections order Shumate to pay approximately $469,000 in restitution as a condition of parole. With the cooperation of the Harris County District Attorney’s Office, the TDI Fraud Unit conducted the criminal investigation.

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OCT. 2013 A Publication of AdMax Media Corp Corporate Offices

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NASA’S VOYAGER 1 OFFICIALLY LEAVES OUR SOLAR SYSTEM ON HISTORIC JOURNEY

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ASA's Voyager 1 spacecraft officially is the first humanmade object to venture into interstellar space. The 36-yearold probe is about 12 billion miles (19 billion kilometers) from our sun.

of this new data, an effort led by Don Gurnett and the plasma wave science team at the University of Iowa, Iowa City, is published in Thursday's edition of the journal Science.

New and unexpected data indicate Voyager 1 has been traveling for about one year through plasma, or ionized gas, present in the space between stars. Voyager is in a transitional region immediately outside the solar bubble, where some effects from our sun are still evident. A report on the analysis

"Now that we have new, key data, we believe this is mankind's historic leap into interstellar space," said Ed Stone, Voyager project scientist based at the California Institute of Technology, Pasadena. "The Voyager team needed time to analyze those

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WINDOWS XP PENDING DEATH IS QUICKLY APPROACHING

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Really Cool Stuff by Kim Komando

n April 8, 2014, it’s the “end of life” for Windows XP. Now, that doesn’t mean XP will suddenly stop working. You can keep using it if you want, but I wouldn’t recommend it. End of life means Microsoft won’t be releasing any more security updates to the average user. Any security flaws that hackers find won’t be fixed. Your computer will be a sitting duck, even with security software installed. Click here to see what free security software I recommend. I know many die-hard XP users are cynical about this news. They think Microsoft is trying to force people buy new computers. Microsoft is in business to make money, so it does want people to upgrade.

But in Microsoft’s defense, this isn’t something special for XP. Microsoft has done the same with Windows 95, 98 and Me. Vista’s end of life is April 11, 2017 and Windows 7’s is January 14, 2020. In fact, Microsoft extended XP’s end-of-life date several times. XP should have been gone years ago. Here’s a fun fact: XP first appeared at the end of 2001. As late as 2010, computers were still sold with XP installed. Windows Vista, which arrived 6 years after XP, only lasted until 2011. If you think about it, XP will be nearly 13 years old. Like a teenager, it’s having trouble adjusting to the world. In spite of a major overhaul with Service Pack 3, XP just wasn’t built for the modern digital age.

It’s missing key security features introduced in Windows Vista. It can’t support the latest, safest and most Web-compatible versions of Internet Explorer. It can’t take full advantage of the latest hardware advances. It’s becoming increasingly frustrating for customers and thirdparty companies. Many third-party companies would love to stop supporting XP. It takes a lot of time and money to make sure programs and hardware work on every version of Windows. This even affects the Internet. Web developers will be overjoyed to see XP-only Internet Explorer versions 6, 7 and 8 go away. Those versions are so far behind other browsers, you practically have to write another website just for them. It’s going to be a serious change for many people. In most cases it’s going to mean a new computer, upgraded software and possibly new accessories like printers and scanners. And there’s an even bigger problem. Until last year, upgrading wouldn’t have been quite so bad. Windows 7 was still fairly close to Windows XP in look and how it worked. In fact, I expect Windows 7 to be the next Windows version that people stick with for quite a while. Now, however, Windows 8 is the only operating system available on new computers. When you

See Kim Komando Pg 33 www.underwritersinsider.com

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FORECLOSURE DESTROYS INSURABLE INTEREST

Expert Analysis & Commentary by Barry Zalma, Esq. (c) 2013 Barry Zalma

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very first party property policy of insurance requires that the person insured have an insurable interest in the property, the risk of loss of which was sought to be insured. The policy limits coverage to the extent of the insurable interest. If there is no insurable interest there is no damage to the person insured. The policy only promises to indemnify the insured for their loss up to, but no more than, the insurable interest of the person insured.

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.

Tyson Rhine and wife, Sandra Rhine, owned a house in a semi-rural part of Harrison County, Texas, and obtained fire and hazard insurance on the property from Priority One Insurance Company. After the house was destroyed by fire, Priority One denied coverage, claiming that the policy had been terminated before a claim matured and that at the time of the loss, the Rhines had already lost any insurable interest in the property due to foreclosure. The parties filed competing motions for summary judgment, and the trial court granted Priority One’s motion and denied Join Barry Zalma’s new Blog:

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and casualty insurance from Priority One for the property, receiving a homeowners’ policy which included coverage up to $200,000.00 for the dwelling itself and up to $120,000.00 for personal property contents. It specified that the ‘”Insured location’ means . . . the residence premises” and that ‘”Residence premises’ means the residence premises shown on the declarations page. This includes the one or two family dwelling . . . where an insured resides or intends to reside within 60 days after the effective date of this policy.”

the motion filed by the Rhines. The Rhines appealed. In Rhine v. Priority One Insurance Co., 06-13-00039CV (Tex.App. Dist.6 08/20/2013) the Texas Court of Appeal resolved the dispute based on whether the Rhines had an insurable interest at the time of the fire that was the subject of the suit.

The Rhines’ real estate (together with any permanently attached personal property) was secured by a mechanic’s lien contract with power of sale originally granted to secure Neatherlin Homes, Inc. in the payment of a promissory note given for the construction of the improvements. The obligation was prescribed to be paid in monthly installments. Priority One, prior to any fire, sent a warning to the Rhines that it was notified that the property appeared to be vacant and that coverage would be suspended if vacant more than 60 days.

Factual Background

The Rhines made no response to this notice.

The Rhines were the owners of a house located in Harrison County, Texas, and had obtained fire

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GOP VOTES TO DEFUND OBAMACARE - A MISTAKE? OP/ED By Spencer A. Lehmann, RHU

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n September 20, 2013, the House voted to Defund ObamaCare. I think it is

And if it did, if it actually made it to the Senate floor and passed, what then? Who then owns the results? The Democrats? No. The

How much better it would be to have this Law continue on its way, crash and finally implode, with the resultant wreckage falling all over the Democrats. The natural evolution is that the Republicans would then come in as the heroes who fix the mess and bring a semblance of order in creating the HCR Improvement Act (or whatever name except ObamaCare) is created.

a mistake.

This law must continue down the tracks until it runs off the tracks and the wreck smashes the Democrats in the face. Then, and only then, will the public realize just how badly they have been taken for a ride in Barack Obama and the Congressional Democrats creating this politically motivated, Democratic Party Law, rammed through Congress in an authoritarian government manner, against the Will of the people, and being implemented against the will of an even greater majority of the people. The GOP has voted many times to repeal (42); so many times it has become a national joke. They have known every single time that their attempts would never pass through the door of the Senate. Now, they have voted to Defund ObamaCare, to what end? To prove to their base that they will stand on principle, even if as before, there is no chance that the move to defund will not see the light of day in the Senate? 12

Republicans. No matter how it’s spun, it will become the Republican’s problem.

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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Far more to the immediate point, is that by voting to defund, the GOP is only, once again, appearing as the “party of no”, instead of the party of “let’s fix this”. There are 19 seats up for grabs in the Senate, in the 2014 midterm elections. All the GOP needs is to capture six (6) of those seats to gain a majority in the Senate. IF, and that is a big “if”, they can capture those seats, then for the first time since Barack Obama became president, he, and the congressional Democrats, will be forced to negotiate and come to consensus with the Republicans, unless Barack Obama wants his legacy to be that of being the most divisive and the worst president in the history of the United States of America. The Underwriter’s Insider


The Democratic Party did not win the 2012 Election. The GOP gave it to him. Republicans voted for “Anybody but Mitt”, with the Ron Paulites voting for Ron Paul, Barack Obama, or no one. The hard-right conservatives voted for straw candidates they put up in several states, preferring to throw away their vote than vote for Romney. Others stayed home. On top of that folly, the Democrats threw the Republicans a hook loaded with social Issues, and the Republicans grabbed at it. How foolish. Instead of concentrating on the goal, winning, they went off on tangents like Roe V Wade and gay rights, as if those are ever going away? Dumb, and dumber. The Democrats on the other hand, went en masse to the polls and cast only one vote, Obama. They splintered the GOP, kept their focus and won, and the GOP snatched defeat from the jaws of victory. Are the Republicans going to do it all over again, in the 2014 midterms? If they don’t get focused and keep their eye on the ball, yup!

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FLORIDA ANNOUNCES CONVICTION OF FORMER ALLSTATE EMPLOYEE IN INSURANCE CLAIMS SCAM

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ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced the conviction of Yarden Lee Bracero, 39, a former Allstate employee in Jacksonville for diverting claims

Florida CFO Jeff Atwater

payments for her own personal use. Bracero pled guilty to one count of scheme to defraud and three counts of identity theft and was sentenced to a mandatory three years in prison and ordered to pay full restitution.

“Fraud schemes like these impact Floridians throughout the state by driving up our insurance rates," CFO Atwater said. "I applaud our investigator and industry partners for tracking down this fraudster and bringing her to justice.” An investigation by the Department of Financial Services’ Division of Insurance Fraud and the Allstate internal investigation unit revealed that Bracero used her position as a Benefits Operation Analyst to create false claim information and divert funds from individual critical illness insurance policies to her own personal bank accounts. Some of the policies included employees of Home Depot and Wal-Mart. Bracero submitted false claims on the five policies using Allstate claim forms and altered the names on medical diagnosis claim documentation from other valid Allstate policies in support of the scheme. The charges against Bracero were prosecuted by Assistant State Attorney Joe Licandro of the 4th Judicial Circuit in Jacksonville.

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LOUISIANA INSURANCE AGENT ARRESTED AND SERVED WITH CEASE AND DESIST ORDERS AND SUMMARY SUSPENSION

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Slidell, Louisiana Insurance Agent was in September by Louisiana Department of Insurance Fraud Division investigators with a summary suspension and cease and desist order for alleged misappropriation of insurance premium funds and dishonest business practices. Lindsay Ryan Smith, a Property and Casualty producer with Fassbender Agency Insurance and Financial Services, LLC and Markel Insurance Company, is alleged to have misappropriated thousands of dollars in insurance premiums and provided bogus policies to clients. According to investigators, while working as an

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employee for Fassbender Insurance, The case was brought to the attention Smith gave clients policy quotes, and of LDI fraud investigators by the owner when the customers of Fassbender Insurance. paid the premiums she deposited the Smith was arrested funds into the agency’s by the St. Tammany operating and escrow Parish Sheriff’s Office on accounts. She then September 3 for theft, allegedly transferred 11 counts of forgery the funds from the and unauthorized use agency’s accounts of an access device. The into her own personal summary suspension of account. Customers her license and cease and believed they had desist order served by the insurance coverage Louisiana Department of Jim Donelon when they did not Miss. Ins Commissioiner Insurance Fraud Division because Smith allegedly investigators prohibit failed to remit thousands of dollars in Smith from any and all insurancepremiums to insurance companies. related activities.

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N. CAROLINA CONSUMER COMPLAINT LEADS TO $524,000 FINE FOR INSURANCE COMPANY

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And It’s About Time...

ALEIGH -Insurance Commissioner Wayne Goodwin announced today that Time Insurance Company has agreed to take corrective actions and pay a $524,000 fine after an administrative investigation by the North Carolina Department of Insurance. The investigation began in late 2011 after NCDOI received a complaint from a consumer about his dissatisfaction www.underwritersinsider.com

with a health insurance policy he bought by telephone after requesting a quote online.

agency were underwritten by Time Insurance Company, a Wisconsinbased insurance company that is licensed in North Carolina. For approximately nine months after the agency opened in spring 2011, most of the agents hired by the agency were licensed only in California, and of those that were licensed agents, many were not appointed by Time Insurance Company.

NCDOI learned that:

The agency was using deceptive telephone sales scripts with consumers across the country.

The policy was sold by a recentlyincorporated California agency, and the agent who conducted the sale was not licensed in North Carolina or any other state.

Approximately 1,500 policies were sold to North Carolina consumers by agents that did not hold a North Carolina agent license and who did not hold an agent appointment with

Most policies being sold by the

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CFO JEFF ATWATER ANNOUNCES ARRESTS OF THREE MIAMI PIP FRAUDSTERS

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ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced the arrests of three individuals in unrelated but similar PIP fraud investigations in Miami. Chiropractor David Louis Hirschenson, 55, was arrested for illegally soliciting accident victims and obtaining vehicle crash reports. Nester Sanchez, 39, and Chakira Vila Puentes, 45, owners of C & N Therapy Center, were arrested for insurance fraud and grand theft. “PIP fraud schemes drive up auto insurance rates for all Floridians, so we must do everything we can to put a stop to them," said CFO Atwater. "I applaud our investigators for their diligence in bringing these fraudsters to justice.” An investigation by the Florida Department of Financial Services’ Division of Insurance Fraud revealed that Hirschenson used unauthorized media credentials to obtain crash reports illegally and use them to solicit accident victims. Hirschenson was charged with 19 counts of obtaining illegal crash reports and one count of

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solicitation. In a separate investigation, detectives determined that husband and wife Nester Sanchez and Chakira Vila Puentes operated an unlicensed accident clinic named C& N Therapy Center located in Miami. The couple hired a massage therapist to act as a straw owner of the clinic, which allowed them to bill more than $353,000 in fraudulent PIP claims. The clinic was paid more than $212,000 for these billings. Hirschenson, Sanchez and Puentes were booked into the Miami-Dade County Jail. If convicted on all counts, they face up to 215 years in prison collectively.

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AIA ON SENATE BANKING COMMITTEE TRIA HEARING TRIA Enables a Stable Terrorism Risk Insurance Market

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ASHINGTON, D.C., September 25, 2013 - Leigh Ann Pusey, president and CEO of the American Insurance Association (AIA), issued the following statement regarding September’s U.S. Senate Banking Committee hearing “Reauthorizing TRIA: The State of the Terrorism Risk Insurance Market.” The Terrorism Risk Insurance Act (TRIA) was first authorized in 2002 following the terrorist attack of September 11, 2001. It was subsequently reauthorized in 2005 and 2007 with broad bipartisan support, and is scheduled to sunset on December 31, 2014.

man-made risk where terrorists largely control the means, timing, and location of any attack. Terrorists will follow the path of least resistance, undermining efforts to protect against the risk. And, unlike natural catastrophes or other perils, insurers simply cannot model terrorism risk as only the government, and rightly so, has access to the critical national security intelligence insurers would need to underwrite this unique risk. “TRIA’s public-private ‘shared loss’ partnership, which requires insurers to offer terrorism coverage, has made it possible for commercial insurers to individually manage terrorism exposures without compromising financial solvency. Due to the uninsurable nature of this risk, there remains little private market

reinsurance capacity to backstop insurers. TRIA provides a highlevel federal government backstop that reduces some of the market instability and ensures that insurance companies will absorb all noncatastrophic terrorism losses. “TRIA protects more than just policyholders, it protects taxpayers too. In its 11 years of existence, TRIA hasn’t paid out one penny. It requires insurers to meet significant deductibles and retentions, and includes a mandatory recoupment mechanism for any federal dollars expended on the first $27.5 billion in losses. Today, our nation would have to suffer an attack larger than the September 11 tragedy before taxpayers would have to pay anything under TRIA.

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Ms. Pusey’s statement follows: “Terrorism risk insurance is widely available today because of the successful approach provided by TRIA. It protects our nation’s economy from potential disruption while providing for an orderly recovery following an event. TRIA deserves reauthorization. “TRIA enables insurers to cover what would otherwise remain an uninsurable risk. The risk of terrorism is fundamentally different from other exposures because it is an intentional www.underwritersinsider.com

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Breaking Industry News

red C. Bosse, Southwest region vice president for the American Insurance Association (AIA), issued a statement praising Governor Mary Fallin’s (R-OK) signing of major tort reform legislation. Twentythree separate pieces of tort reform legislation were passed during Oklahoma’s special legislative session, which was called by Gov. Fallin after HB 1603, the state’s 2009 tort reform law, was ruled unconstitutional by the Oklahoma Supreme Court on June 4, 2013, for violating the “single subject” rule. As originally passed in HB 1603, the 2009 reforms represented a compromise between lawmakers, business advocates, trial lawyers, and doctors. Its intent was to reduce legal costs and the number of frivolous lawsuits in Oklahoma. The 2013 reforms restore those enacted in 2009, in order to reduce the state’s legal liability costs, legal costs for businesses and medical malpractice claims in Oklahoma.

other drivers on the state’s roadways. Research from the Insurance Research Council (IRC) estimates that a state’s uninsured rate can fall by as much as 1.6 percent upon the enactment of a ‘no pay, no play’ law such as HB 339. Ten other states have enacted similar laws.

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nternational Risk Management Institute, Inc. (IRMI), is pleased to announce the appointment of Lisa H. Harrington as vice president of marketing and sales, effective today. Ms. Harrington will serve as a member of the IRMI executive team and is responsible for all aspects of marketing and sales for IRMI products and services. Ms. Harrington began her insurance career in 1983 and has served in a variety of roles, including educator, writer/editor, underwriter, sales agent, field rep, and agency

operations manager. Before joining IRMI, Ms. Harrington was the COO and acting CEO for the Network of Vertafore Users (NetVU). Previously, she served as vice president of education for the Florida Association of Insurance Agents for 11 years.

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he growing divide between “Tea Party” activists and entrenched Republican Party leaders is creating a crisis in the GOP that may have negative consequences in the 2012 election. PEW Research found in a resent survey that more than 7 in 10 “tea-party Republicans” disapprove of the job performance of GOP congressional leaders. The greatest focus of disagreement is the issue of defunding ObamaCare. Amy Kremer, head of the Californiabased Tea Party Express had this message for GOP leaders: “My message to Speaker Boehner and (House Majority Leader) Eric Cantor and Senator McConnell is simple: If you’re not willing to fight for this, [defunding ObamaCare] what are you willing to fight for?”

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teve Schneider, Midwest region vice president for the American Insurance Association (AIA), issued the following statement in response to the Missouri Legislature’s decision to override Governor Jay Nixon’s (D-MO) veto of HB 339. The legislation, which now becomes law, will take effect October 11, 2013. The House voted 109 to 51 to override the gubernatorial veto while the Senate voted 26 to 8. HB 339 provides that only those law abiding drivers who comply with the state’s financial responsibility law may fully benefit from that compliance. The legislation will encourage motor vehicle owners and drivers to purchase required liability insurance to protect 18

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mperial PFS Corporation (www. ipfs.com), a leading independent provider of insurance premium financing, is pleased to announce the launch of its Imperial PFS Connect, a Mobile Website. Imperial PFS is one of the first premium financing companies to introduce a comprehensive and convenient mobile website to access account information and make a payment. The new Mobile Website provides ease of access to current information and convenient payment options 24/7/365 so that payments can be made via mobile devices, anywhere, anytime.

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&B Protector Plans, Inc. (“B&B Protector Plans”) and Aspen US Insurance (“Aspen US”) announced in September that Aspen US will become the new carrier for the Lawyer’s Protector Plan® (“LPP®”). The program will offer lawyers professional liability coverage to law firms with 1 to 20 attorneys, except in California, Florida, Illinois and Pennsylvania where the program will be available to law firms with 1 to 9 attorneys

work to align resources from across Willis’ global platform to deliver the best solutions and services to regional clients.

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ocSTAR, an award-winning developer of document management and content productivity software, will exhibit at TENCon 2013, the Applied Systems Client Network user meeting. The annual conference will be held September 30 - October 3 at the Aria Resort and Casino in Las Vegas. On display will be docSTAR’s content management solution, eclipse, which is seamlessly integrated with the Applied Systems suite of agency and broker management software. Available as a cloud-based solution or on-premises (private cloud) deployment, eclipse allows insurance distributors and carriers to manage their accounting and business office functions electronically resulting in better collaboration, efficiency and overall productivity.

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arketscout reported in September: “The US personal illis North America, a unit of lines market did suffer from some Willis Group Holdings, the wildfire and flood claims in August global insurance broker, announced but the impact was not significant in September the appointment of because there were no big cat James Doyle as Managing Partner effects. Thus, the composite rate held of Willis’ Tampa operations, effective steady at plus 3 percent for US based immediately. Willis of Tampa, Inc. personal lines exposures. Homes provides employee benefit and risk with coverage A valuations (value of management solutions throughout the home excluding the land cost) a wide range of industries. This under $1,000,000 received a 4 percent operation includes approximately 100 rate increase and those homes over employees and serves clients from its $1,000,000 had an increase of plus 3 offices in Tampa, Naples and Sarasota. percent. Automobile and personal In this role, Mr. Doyle will oversee Willis’ articles floaters were also steady at Tampa operations and be responsible plus 3 percent and plus 1 percent for driving top line sales growth as respectively. “ well as bottom line efficiency for the Tampa operation. He will focus on MERISAFE, Inc. (Nasdaq:AMSF) a strategic planning, heightening client specialty provider of hazardous service and retention, recruiting and workers’ compensation insurance, staff development, sales and sales today announced that G. Janelle management. In addition, he will Frost, the Company’s Chief Operating

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Officer, has been appointed to the additional position of President of the Company, succeeding Geoff Banta. Ms. Frost joined AMERISAFE in 1992. AMERISAFE also announced that the Company intends to re-domesticate two of its three insurance subsidiaries from Louisiana to Nebraska. This change is expected to occur before the end of 2013, subject to receipt of customary regulatory approvals. In connection with the re-domestication, AMERISAFE will open a new office in Omaha, which will serve as the headquarters for American Interstate and Silver Oak. AMERISAFE’s corporate headquarters will remain in DeRidder, Louisiana.

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OUSTON, September 23, 2013 -- American General Life Companies (American General), a part of AIG, announces AG Secure Lifetime GUL II, highly flexible Guaranteed Universal Life Insurance issued by American General Life Insurance Company and The United States Life Insurance Company in the City of New York. AG Secure Lifetime GUL II provides increased options in case design for 1035 and shorter pay scenarios and it includes an integrated Enhanced Surrender Value Rider (a return of premium feature). It is now available with the new Lifestyle Income SolutionSM that can turn a life insurance product into a guaranteed stream of retirement income.

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nsurance Journal reported in September that “The researchers found that employees who had higher levels of entitlement were more likely to claim their managers were abusive. The researchers also found that when they compared the responses of employees supervised by the same manager, entitled employees were more likely to report higher levels of abuse from their managers, even when their less-entitled coworkers did not. “ 19


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FLORIDA AUTHORIZES CITIZENS RATE INCREASES

ALLAHASSEE, Fla. – The Florida Office of Insurance Regulation (Office) has issued an Order concerning the Homeowners’ and Dwelling Fire rates for Citizens Property Insurance Corporation (Citizens). The combined overall statewide average rate increase requested by Citizens for Homeowners was 7.9%. The Office set the rate at 6.3%. Minor modifications were made to Citizens recommended rates as detailed in the Order.

rates on both the Homeowners’ and Dwelling Fire accounts are January 1, 2014 for new and renewal policies within the Personal Lines Accounts, and February 1, 2014 for new and renewal policies within the Coastal Accounts.

The effective dates for the new

Rate filings can be accessed via the

The chart below provides the overall statewide average rate changes established by the Office for each account individually.

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“I-File Forms & Rate Search” system using the following search criteria in either the “Quick Search” or “Advanced Search” options: file log numbers or by entering “Citizens Property Insurance Corporation” as the “company name”. When the selection appears, scroll to the bottom of the results page for the most recent filing information.

For more information, visit the Citizens Public Rate Hearing page on the Office’s website: www.floir.com

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COSTA CONCORDIA CRUISE SHIP VERTICAL NOW WATCH THE INCREDIBLE TIME LAPSE VIDEO...

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he Costa Concordia shipwreck will be the largest maritime insurance loss in history with current estimates of the salvage operation at $1.17 billion - up from original estimates of only $744 million. While The giant ship carrying 4252 people ran aground off the Italian

island of Giglio on January 13, 2012 with the loss of 32 lives. The ship ended up wedged on a reef, tilted to a 65 degree angle toward its starboard side with a ragged hole ripped through its hull. On September 17, 2013, engineers completed a grueling 19 hour “parbuckling” process and successfully

righted the ship. The Costa Concordia will not be repaired - only towed away to be cut up for scrap. [PICTURES] The value of the ship was declared at $500 million and insurers have already satisfied that claim. The balance of the loss was in the salvage effort.

NEW HUNTERS BREAK MISSISSIPPI RECORD FOR HEAVIEST GATOR YET CAUGHT

723 LBS!

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“The Final Authority on Everything!” ObamaCare: The Ugly Truth For America A Disaster For The Insurance Industry

ADVISOR

The 2700 page PPACA that few, if any, lawmakers had even read, (and the 8’ tall stack of accompanying regulations) was passed over the will of the majority of Americans in spite of the fact we were all offered would be interested in hearing rosy lies designed to grease its your thoughts on Obama acceptance – and those lies were Care without the political name told by President Obama himself. calling. My thoughts are it will be like Medicare not good but We were told we could keep our better than nothing. In fact current insurance policy if we liked. for us as agents it should be Obama: “If you like your health an opportunity to offer new care plan, you will be able to keep supplemental plans. Tell me how your health care plan. Period. No you see the Law and the future one will take it away. No matter for agents. - J.G. Shreveport, LA what.”

I

It was a lie. Some of the largest carriers have already pulled out of certain markets in anticipation of OC. Others are cancelling or changing policies to rewrite them to be in compliance with the law. The CBO estimated last year that up to 20 million Americans could lose their current coverage under ObamaCare. Then there’s that 40% surcharge mandated for “Cadillac” policies - the policy you probably have now if you are a member of a large employer-provided group. How many employers are going See The Advisor Page37

My thoughts on ObamaCare? How I feel about the law and the future of agents? I find it to be one of the worst legislative mistakes this country has made. I find it far worse than “nothing” - or the prior status quo. ObamaCare is the most massive intrusion of the federal government into the private sector in this history of this country. It moves us considerably forward on a regrettable path to socialism and statism. www.underwritersinsider.com

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

FREE CLASSIFIED RULES: Submit all ads online at: www.underwritersinsider. com/classifieds. Ads must be less than 501 characters plus a title line. Eligible free classifieds include help wanted, position wanted, personal ads, agency for sale/purchase, or the one-time sale of an item or items. REGULAR CLASSIFIED RULES: Submit all ads online at: www. underwritersinsider.com/classifieds. Only $1.00 per word, including title line and response info. Payment must be received prior to print date. Ads run 3 mo.

Comm.P&C Producer Central Florida Commercial Insurance sales from a retail agency / broker or direct writer with a proven track record. Must have 3 to 10 years experience, 220 license, with an industry focus or mix of targeted niches. Must have aggressive sales skills and credible business relationship development abilities. Central Florida. Michael@einsgroup.com 10-8

CSR and Licensed Producers for Norcross GA office GA based agency going for expansion needs CSR ( two) and licensed producers (two), attractive salary OR commission offered to a right candidate with a minimum of two years experience & honest, hard working candidates are welcome, Please e-mail your resume ASAP. Contact: girish_talati@hotmail.com 10-3

Wholesale Broker/Carrier

Asst. Controller Hartford

License Insurance Agent 220 - Kissimmee Area

Strong Stat/GAAP with corporate tax is required. Will consider negotiating relocation assistance. Contact:

We are looking 220 Insurance Agent License in Kissimmee Florida. A detail-oriented professional with excellent timemanagement, organization and computer skills High school diploma or equivalent (GED) with a valid state driver’s license and reliable insured transportation. Currently posses an active 220 License Call us at 407-847-2539 10-9

Jeanine Drahota Lost Dutchman Search 480-563-7676 jkd@lostdutchmansearch.com 10-7

TAMPA, FL Area Part Time CSR Must like and know computers - near Hwy 301 and MLK. Flexible hours, low key environment. Pay commensurate with experience. Contact: cp.kazor@gmail.com 10-6 24

CSR 440 or 220 Agent N Miami area Looking for a 2-20 agent or CSR Bilingual ( English-Spanish ), Excelent on Customer service Email resume to jamie@ jmendezandassociates.com 10-1

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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:

Arthur@financemaster.com

10-10

2-20 Producers Wanted: Miami Westchester Area

Looking for Personal & Commercial Lines producers. Salary plus commission!!! Rapidly expanding agency. Please contact us via email or call Yudanis @ 305-225-9550 or:

yudanis@optioninsurancesolutions. com 9-6

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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 “The wise man learns from the mistakes of others, the fool has to learn from his own.” - Chinese Proverb

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Multinational Account Executive

NY/NJ/CT area

International property & casualty insurance skills including professional lines, directors & officers too. Manage, marketing servicing and be a resource for multinational or domestic P&C Programs. Carrier or Broker background preferred. Selfstarter, foreign language skills a plus. NY/NJ/CT area Contact: Michael@einsgroup.com 10-8

FREE CLASSIFIEDS HERE 2-20 Agent Wanted Today Insurance Services is looking for friendly, sharp, and PATIENT agent partners to take advantage of the health care reform opportunities, and the sizzling auto insurance market! I can help you- Can you help yourself? www.todayins.com CALL TODAY! 321-360-8516

IMPORTANT! You may also place FREE position-wanted classified ads in this section. Just click on the link below and fill out the simple form and we’ll get you online.

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10-7

Experienced CSR Wanted - New Port Richey area Experienced Commercial Lines CSR wanted for Roe Insurance, Inc in New Port Richey, Fl. 34655. Applied Systems experience required, will service approx 250 small C.L. clients, mostly in the nonprofit industry. Contact: greg@roeins.com 10-6

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Gainesville, FL Area

4-40 or 2-20 Needed Insurance Den Inc needs a 2-20 or a 4-40 licensed agent. Email: insuranceden@aol.com Fax: 352-628-5619 Phone: 352-628-2331 10-5 25


SAY WHAT? Notable Quotes You May Have Missed!

The Diminishment of America

role in the world—but only if he can posture as superior, high-minded, and above it all. He is too vain to deliberately pursue a policy that makes him appear personally foolish. Since he does look foolish, I will assume that it must be by accident.” - Robert Tracinski, noted author and political analyst commenting on the Obama Administration’s clumsy, amateurish position on the developing Syrian crisis - where Russia’s ex-KGB President Putin actually had to step in to offer a face-saving solution to President Obama - just before rubbing Obama’s face in his foriegn policy failure with a Wall Street Journal OP/ ED.

Not since the disintegration of the Soviet Union in Just Another Day At The Office 1991, and before that For Those Lovable Syrian the fall of France in Rebels... 1940, has there been so swift an erosion of I don’t know how old the victim was the world influence of but he was young. He was forced to his a Great Power as we knees. The rebels around him read out his are witnessing with ‘We are five days away from “crimes” from a sheet of paper. They stood the United States.” fundamentally transforming the United - Norman Podhoretz, States of America.” - Barack Obama, 2008 around him. The young man was on his knees on the ground, his hands tied. He author and Wall Street Journal columnist commenting on the Obama seemed frozen. Two rebels whispered something administration’s weak and near incoherent foriegn into his ear and the young man replied in an policy as it regards Syria - and further explained by innocent and sad manner, but I couldn’t understand Podhoretz as follows: “The key to understanding what he said because I don’t speak Arabic. At what Mr. Obama has pulled off is the astonishing the moment of execution the rebels grasped his statement he made in the week before being elected throat. The young man put up a struggle. Three president: ‘We are five days away from fundamentally or four rebels pinned him down. The man tried transforming the United States of America.’ To those to protect his throat with his hands, which were of us who took this declaration seriously, it meant still tied together. He tried to resist but they were that Mr. Obama really was the left-wing radical he s t r o n g e r seemed to be, given his associations with the likes of than he was the anti-American preacher Jeremiah Wright and the and they cut unrepentant terrorist Bill Ayers, not to mention the his throat. intellectual influence over him of Saul Alinsky, the They raised his head original “community organizer.” into the air. People Spectacular Incompetence waved their guns and We could also talk about how an administration c h e e r e d . that came to power criticizing President Bush’s Everyone was happy that the execution had gone mismanagement of the Iraq War is now managing ahead.” - Patrick Witty, Time photojournalist covering this conflict with such spectacular incompetence a Islamic militant Syrian rebel beheading in the town that some have even begun to speculate that of Keferghan, Syria. The Islamic crazies removing the President Obama is doing it on purpose, in a young soldier’s head are the same folks the Obama deliberate attempt to undermine American administration aims to support should it launch power. I don’t believe that, by the way. Barack Tomahawk cruise missiles against the Assad regime. Obama may be fine with diminishing America’s

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The Underwriter’s Insider


An Unexceptional Russian Mouths Off

Mr. Putin’s challenge to the idea of American exceptionalism was ignorant and tone-deaf. The president had thrown in a reference to it at the end of his speech. Mr. Putin, in his essay, responded: ‘It is extremely dangerous to encourage people to see themselves as exceptional, whatever the m o t i v a t i o n .’ After all, he said, ‘God made us all equal.’” - Peggy Noonan, Wall Street Journal columnist and political analyst noting the pique with which Russian president and former head of the KGB Vladimir Putin addressed the concept of American exceptionalism in an OP/ ED he wrote for the Wall Street Journal. We are not sure what in particular about America’s undeniable exceptionalism so aggravates Mr. Putin, but there is no shortage of examples where the U.S. has clearly bested Russia, not the least of which was the Cold War. Worse, for Mr. Putin’s tender ego, he knows it would be impossible to make any case for Russian exceptionalism, particularly with regard to contemporary world affairs where the former communist state can always be found supporting brutal dictators gassing their own people or fanatical theocracies assembling nuclear weapons - only a marginal improvement over their history of starving and oppressing their own people to support a failed communist ideology for 74 years - from the Russian Revolution in 1917 to the dissolution of the Soviet Union in 1991. Of course there were those 20 million Soviet citizens Russian tyrant Joseph Stalin is known to have slaughtered in his paranoid and desperate effort to retain and consolidate power.

Senator McCain Punches Back

[Russian President Putin] doesn’t believe that human nature at liberty can rise above its weaknesses and build just, peaceful, prosperous societies. Or, at least, he doesn’t believe Russians can. So he rules by using those weaknesses, by corruption, repression and violence. He rules for himself, not you. I am pro-Russian, more pro-

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Russian than the regime that misrules you today. I make that claim because I respect your dignity and your right to self-determination. I believe you should live according to the dictates of your conscience, not your government. They punish dissent and imprison opponents. They rig your elections. They control your media. They harass, threaten, and banish organizations that defend your right to self-governance,” he said. “To perpetuate their power they foster rampant corruption in your courts and your economy and terrorize and even assassinate journalists who try to expose their corruption.” - Senator John McCain in an editorial published in the Russian newspaper Pravda in response to Russian President Putin’s editorial in the Wall Street Journal the week before.

On Hillary’s Many Achievements...

Can somebody name one achievement she had in four years? Just one, I’m not asking for three... Just give one thing.” - Charles Krauthammer, political pundit and analyst, apparently befuddled by the “draft Hillary” movement pushing her to a 2014 nomination for presidential candidate.

Unintended Consequences Of Obamacare

The American public is on our side. They understand [Obamacare] is devastating people. It is causing so many to lose the insurance they had. It’s running up the cost of insurance dramatically. It’s devastating the economy and people’s opportunity to have full-time work, bringing in many full-time workers to part-time work and causing them to have to work a number of jobs — all of those without actual health insurance. It is a disaster and knowing that, Republicans want to make sure that Americans do not have this plague any further pushed upon them, and the way to do that is to defund Obamacare.’ - Rep. Louie Gohmert in an interview with Newsmax Magazine.

And Finally, Our Most Outstanding Whiskey Tango Foxtrot Quote of the Month...

He has been … open, practically apolitical, certainly nonpartisan, in terms of welcoming every idea and solution. I think that’s one of the reasons the Republicans want to take him down politically, because they know he is a nonpartisan president, and that’s something very hard for them to cope with.” - Rep Nancy Pelosi (D-CA), Minority Leader of the House describing President Obama as “apolitical!” Could she really believe this stuff?

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September 2013

August 2013

July 2013

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

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December 2012

November 2012

October 2012

September 2012

August 2012

July 2012

INSURANCE • POLITICS • TECHNOLOGY • PEOPLE VOLUME 9 • 2012 • ISSUE 4

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June 2012 www.underwritersinsider.com

May 2012

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April 2012 29


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U.S. SENATOR DAVID VITTER: OBAMA ADMINISTRATION SHOULD LEARN FROM AUSTRALIA’S GIANT CARBON TAX FAILURE BEFORE COMMITTING U.S. TO SAME

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.S. Sen. David Vitter (R-La.), of failed carbon policies that are top Republican on the becoming so abundant in Europe." Environment and Public Works Committee, made the following Vitter has been pushing the statement regarding a report released Administration to show their work today by the Institute for Energy on a potential carbon tax, but the Research (IER) that Treasury Department “Electricity analyzes Australia's has been wholly carbon tax and unresponsive. In prices increased, its failure to meet January 2013, Vitter unemployment rose established goals. asked, for a second significantly, and there time, Treasury hasn't even been any "As Congress and Secretary Timothy reduction in the level of the Administration Geithner who begin to consider domestically-produced has largely been a variety of efforts non-responsive CO2 emissions.” that amount to for answers to little more than a his department's thinly-veiled carbon tax, we must first involvement in developing a carbon recognize the potential consequences tax. In the Administration's continued of a carbon tax scheme - both efforts to avoid transparency required economically and environmentally under the Freedom of Information - before resorting to such drastic Act, Treasury has for more than a year measures," said Vitter. "It is no secret now worked veraciously to avoid that Australia's controversial carbon disclosing their work on a carbon tax. tax isn't delivering the promised improvements. One obvious misstep The IER report shows Australia's carbon in Australia was that there was no tax is more effective at reducing full cost-benefit analysis conducted its national energy production and before implementation. And as a undermining the competitiveness of result, electricity prices increased, its exports than at addressing climate unemployment rose significantly, and issues. It also charts higher electricity there hasn't even been any reduction prices for the average Australian in the level of domestically-produced household, increased CO2 emissions, CO2 emissions. We can add Australia and the expected fiscal impact of the as an example to the growing list tax.

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ZALMA During the time that repairs of the damages occasioned by a fire were being performed, the home was once again severely damaged/destroyed in a second fire. An important event intervened between the first fire and the second. A trustee’s sale foreclosing the Rhines’ ownership in the property was conducted where the property in favor of Walter Mortgage Company, LLC, who was then the holder of the note and lien. The Motions For Summary Judgment In his affidavit in support of a motion for summary judgment, Tyson Rhines claimed that even though the October fire had occurred and despite the fact that the holder of the lien had foreclosed some two weeks before the second fire occurred the Rhines claimed that they still maintained the insured property as their primary residence. Priority One, after having first issued several insurance checks to the Rhines, stopped payment on them. On January 16, 2012, Priority

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One informed the Rhines that the claimed that the Rhines could not “policy was cancelled effective establish a breach of contract claim. November 4, 2011and that the claim was denied due to The Rhines that cancellation claim on appeal “Insurable interest in and also because that the trial property is an interest “no coverage was court’s decision in effect on the was erroneous where a person can date of loss of because at the be damaged by the 11/15/2011.” time of the loss of the property in second fire, the question. Anyone can Rhines were buy insurance on any The Rhines sued still using the Priority One. Priority property as property because the One’s answer to the their primary insurer will take the suit raised several residence, and word of the applicant. defenses, including “[n]owhere in However, without an cancellation of the policy is insurable interest in the the policy, that ownership of Plaintiffs did not the premises property there can be no have an insurable mentioned as recovery of indemnity interest in the a prerequisite because, without an property, and or requirement insurable interest, the did not own for coverage to insured has lost nothing the property in take effect.” They question, did not for which he or she needs further argued cooperate in the that because to be indemnified.” handling of their they could still claim, and that owe money to they failed to provide proper notice the mortgage holder even though of suit as required by the Texas a foreclosure had taken place if a Insurance Code and by the Texas deficiency existed between the Business and Commerce Code. amount owed and the amount realized at the trustee’s sale, they Priority One sustained pecuniary loss from the asserted that the home’s destruction. Employing Rhines had no this rationale, they state that they insurance policy retained an insurable interest in the in effect at the property even after the foreclosure time of the fire had been completed. because they had no insurable Priority One’s Motion for interest in the Summary Judgment residence at the time of the In order to prove unfair settlement loss due to the November 1, 2011, foreclosure. See Zalma Pg 35 Thus, the motion

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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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KIM KOMANDO

try it, you’ll find that it’s radically different from previous Windows versions. The interface was meant for touchscreen tablets and doesn’t work that well with keyboard and mouse. In fact, even finding the Desktop is an adventure in itself.

XP. It is under contract to some companies to provide them for the next few years. However, that’s a paid option and I wouldn’t hold your breath that Microsoft will make those updates public.

Copyright 2013, WestStar Multimedia Entertainment. All rights reserved.

Kim Komando hosts the nation’s largest talk radio show about consumer electronics, computers and the Internet. To get the podcast, watch the show or find the station nearest you, visit: http://www.komando.com/listen. To subscribe to Kim’s free email newsletters, sign-up at: http:// www.komando.com/newsletters.

The Windows 8.1 update coming out next month will allow you to bring back some of the old Windows. Microsoft will even include a tutorial on how to use Windows 8 - finally. But it’s still a steep learning curve, especially coming from XP. Click here to learn more about making the most of the Windows 8.1 update. You can find copies of Windows 7 for sale online. You can install it on your current computer - assuming it isn’t too old. You could also buy a Windows 8 computer and downgrade. Just be aware that you can’t do an in-place upgrade from XP to 7. You will have to wipe your hard drive and install Windows 7 from scratch. If you buy an upgrade version of Windows 7, you will need Windows XP installation discs to prove that you are eligible. Whatever you do, start planning now. April will be coming up fast and you don’t want to be still using XP when it arrives. Now, you might hear there’s a slim chance Microsoft could continue releasing security updates for www.underwritersinsider.com

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I.R.S. SCANDAL CONTINUES TO GROW: 80% OF GROUPS TARGETED WERE CONSERVATIVE, TEA PARTY

A

White House Link Appears Clear

ccording to a Fox News story, a new report shows that IRS employees were “acutely aware that the Obama Administration wanted to crack down on conservative groups.” “As prominent politicians publicly urged the IRS to take action on taxexempt groups engaged in legal campaign intervention activities, the IRS treated tea party applications differently. Applications filed by tea party groups were identified and grouped due to media attention surrounding the existence of the tea party in general.” Miss. man, now free on bond, was Click on image to view entire story. charged with multiple counts of insurance fraud.

MISSISSIPPI AGENCY OWNER ARRESTED ON FRAUD CHARGES

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ississippi Attorney General Jim Hood announced the arrest of 46-year-old Neshoba County resident Phillip Willis on three counts of “false pretense. The Philadelphia,

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It is alleged Willis defrauded 4 victims of over $45,000 as the owner/agent of Capital Risk Insurance Company in Philadelphia, Miss. Hood alleges that Willis schemed to defraud the victims by taking payments as insurance premiums - but he failed to pay the carriers resulting in coverages being cancelled or the victims having to pay premiums again to keep from being cancelled.

Why Do Ad Agencies Hate The Underwriter’s Insider? Because Our Total Ad Cost is Less than Then They Normally Earn in Commission! Pay Yourself - Not The Ad Agencies! INFO HERE

The agency shows only a parked domain name at GoDaddy.com under the name of cap-risk.com.

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ZALMA practices under the Texas Insurance Code, the Rhines were required to show that Priority One “knew or should have known that it was reasonably clear that the claim was covered.” Here, the coverage was denied due to the alleged vacancy, but when there is evidence on either side, as there was, the issue is a fact question. However, the issue of whether it was reasonable for Priority One to conclude that the Rhines lacked an insurable interest in the property is a fact question for the jury because reasonableness is determined using an objective standard of whether a reasonable insurer would have delayed or denied payment on a claim.

Insurable Interest In its motion Priority One sought to establish the lack of an insurable interest due to the foreclosure proceedings. The Homeowners insurance policy contained a condition entitled “Insurable Interest and Limit of Liability” clarifying that “[e]ven if more than one person has an insurable interest in the property covered, we will not be liable in any one loss . . . to the insured for more than the amount of the insured’s interest at the time of loss.”

the burden to prove an insurable interest, which is a question of law. An insurable interest exists when the assured derives pecuniary benefit or advantage by the preservation and continued existence of the property or would sustain pecuniary loss from its destruction. Ownership or title in the home was not necessarily mandatory in order for the Rhines to have an insurable interest in the home. The appellate court found that the Rhines had no insurable interest in the dwelling at the time the second fire took place and that Priority One’s summary judgment on this point was proper. Because the Rhines were tenants at sufferance, the policy prevented their recovery for personal property damage.

ZALMA OPINION Insurable interest in property is an interest where a person can be damaged by the loss of the property in question. Anyone can buy insurance on any property because the insurer will take the word of the applicant. However, without an insurable interest in the property there can be no recovery of indemnity because, without an insurable interest, the insured has lost nothing for which he or she needs to be indemnified.

In this case, even after the There is no dispute that the Rhines’ foreclosure, the Rhines stayed in interest in the property was lost the property until it – fortuitously – through foreclosure prior to the caught fire. However, since they lost loss occasioned by the November nothing from the second fire, there fire. Therefore, the Rhines’ status was no loss to an insurable interest had been reduced to only that of and the court refused to allow them tenants at sufferance as a result of to profit from an insurance policy the foreclosure sale. A claimant has that provided no coverage to them.

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$524,000 FINE Time Insurance Company. North Carolina law requires that insurance agents be licensed by NCDOI in order to sell insurance in the state. Generally, agents are also required to be appointed by the insurance companies for which they are selling policies. Time Insurance Company voluntarily agreed to construct and implement a national corrective action plan and pay a $524,000 penalty in lieu of a formal administrative hearing. 35


LIMRA: INDIVIDUAL LIFE INSURANCE PREMIUM MARKS 6 PERCENT GROWTH IN THE FIRST HALF OF 2013 Every Product Line Experienced Positive Premium Growth In The Second Quarter

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INDSOR, Conn., Sept. 5, 2013 — Individual life premium grew 4 percent in the second quarter, resulting in a 6 percent increase for the first half of 2013, according to LIMRA’s Individual Life Insurance Sales Survey. Policy count, which had been increasing slightly over the last two years, continued to decline in the second quarter, down 2 percent for the quarter and 3 percent for the first half of the year. While every product line recorded positive growth in the second quarter and year-to-date (YTD), indexed universal life and whole life products were the biggest drivers of overall growth in the first half of 2013,” said Ashley Durham, senior analyst, LIMRA Insurance Research. “Both products are well-matched for a low-interest and uncertain economic climate, offering the principle protection and growth opportunity that consumers are seeking.” Total universal life (UL) premium rose 1 percent — hampered by a 14 percent drop in lifetime guarantee UL and the virtual disappearance of term-UL. YTD, UL premium increased 5 percent. UL policy count fell 14 percent in the second quarter and 16 percent in the first half of 2013. Indexed UL had another strong quarter. IUL premium increased 22 percent in

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the second quarter and 23 percent for the first half of the year. The growth of IUL was the biggest driver of overall sales growth this quarter and YTD. Whole life (WL) sales remained steady and were the second biggest driver of overall growth in the quarter. Premium increased 5 percent in the quarter — the 16th consecutive quarter of positive growth. YTD, WL premium grew six percent, compared with prior year. WL policy count was down, declining 2 percent in the second quarter and 3 percent in the first six months of 2013. Term premium jumped 6 percent in the second quarter, improving 5 percent in the first half of 2013. Most of this is due to companies discontinuing Term UL and reintroducing traditional term products. Policy count also improved, up 5 percent in the second quarter and 3 percent over the first six months of 2013. About half of the term writers increased their sales compared with the first half of 2012.

LIMRA Contact: Catherine Theroux, 860-285-7787, ctheroux@limra.com Mark Morris, 860-285-7875, mmorris@ limra.com About LIMRA LIMRA, a worldwide research, consulting and professional development organization, is the trusted source of industry knowledge, helping more than 850 insurance and financial services companies in 73 countries increase their marketing and distribution effectiveness. Visit LIMRA at www.limra.com.

Variable universal life premium rose 9 percent in the second quarter, resulting in a 13 percent jump YTD. Policy count also improved, up 10 percent for the quarter and 5 percent in the first six months of 2013. View the latest data table on U.S. life insurance sales trends. For more statistics, visit the newly updated Data Bank.

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Obama told us the PPACA would cost the federal government “around $900 billion over 10 years.” Yet the non-partisan CBO advised in 2012 that the true cost will be just about twice that amount: to pay that 40% extra before $1.76 trillion. Just another lie switching your plan to something – and just what we don’t less? need – another giant federal “And we all know how President bureaucracy adding to our Obama feels about “wealth We were told we could keep bloated federal debt. redistribution.” About how he our doctor if we liked. It thinks it’s perfectly fair to take was a lie. Many of the new What’s the biggest problem in what’s yours and pass it around networks are restricting the country today? Arguably to his fan base in return for votes. coverage to certain providers jobs, or lack thereof. Yet There’s a lot of that going on in – the low-cost providers – in thousands of employers are ObamaCare. If you are one of order to save money. If those cutting back full-time jobs the makers in this country - get higher-cost providers include to part-time jobs to avoid ready to share more of what you your current doctor – you having to comply with the earn with the takers. It’s what the are out of luck. Dumping 30 cost of ObamaCare. Other president is all about. “ million new insureds into the employers are cutting back marketplace without adding on new hires or keeping the new providers is guaranteed employee count under 50 for the to create another crunch that will We were told that the Affordable same reason. force millions to find new doctors – Care Act would make health if they are even able. Many doctors insurance affordable. It was the What about agents? Is this law are leaving the profession - retiring biggest lie of all. Forbes reported going to create a boatload of early to avoid the aggravation today that ObamaCare will selling opportunity? Not if you and expense of compliance with increase health spending by $7,450 factor in the MLR or “medical loss OC. Other doctors are switch for a family of four from 2012 to ratio” mandated by the law. PPACA to “concierge” plans - where 2022. That’s affordable? That’s requires that 80% of premium the consumer either all cash or “better than nothing?” dollars be spent on medical care. supplemental cash to make up for 85% for certain larger insurors. the additional cost of OC. Forbes: “Experts working for Agent advocacy groups were Medicare’s actuary reported that unsuccessful in lobbying for agent It has been recently reported in its first 10 years, ObamaCare will commissions to be included in the that we will now be obligated to boost health spending by roughly 80% - so figure out how much of share the most intimate details of $621 billion above the amounts the 15-20% left for administration our health, including our sex life, Americans would have spent with the I.R.S. This feared federal See The Advisor Page38 without this misguided law.” agency, with 11,000 new agents Continued From Page 23

ADVISOR

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hired for this express purpose, will be enforcing your compliance with this draconian law – and assessing penalties when compliance is not met. Mixing your taxes and your health care – what a delightful idea…

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And then there are the “navigators,” which some have called little more than community organizers; schills for ObamaCare. Almost as if Obama were intentionally and profit is going to be available displacing the millions of men for agent commissions. and women that sell and service health insurance in this country, But the real, long-term bad news the ACA creates the position of for agents and carriers is this: It’s “navigators,” unlicensed, federally a rather poorly kept secret that funded individuals tasked with Obama and his statist allies really guiding prospective insureds want a single-payer (the federal through the unbelievable morass government) health insurance of ObamaCare. Sound like a universe. Obama openly admitted perfect job for licensed insurance as much many times. [See agents? No way. Obama hates Videos] In the mind of President the insurance industry. It’s in his Obama, insurance companies DNA: He’s a lawyer and insurance and a leftist. The “The insurance agents are merely industry is an integral insurance industry an unnecessary is an integral part of part of big, evil expense and the big, evil corporate corporate America. sooner he can It’s Obama’s favorite America. It’s Obama’s eliminate them – bogeyman. If you are favorite bogeyman. the better. There a life and health agent If you are a health is simply no room and you think you insurance agent and or need for either have a future there, you think you have a in a single-payer a career, you might future there, a career, universe. During want to think again.” you might want to the transition think again. period, the program will become less and less Further, there are serious privacy profitable for the private sector, concerns regarding personal more and more carriers will drop information to be collected by out citing an insufficient return these unlicensed ObamaCare on capital. The only “insurance” cheerleaders. How secure is the provider left will be the federal massive federal database that government. will hold your data? Who will have access? In Florida, at least, It’s been the plan all along.

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Governor Rick Scott and AG Pam Bondi have taken steps to assure these navigators are somewhat accountable by requiring navigators to undergo background checks.

President Obama Is Crystal Clear About Transistioning to a Single-Payer System

The law also enables state officials to establish rules and dismiss navigators who violate them. Florida SB 1842 requires navigators to register with the FLOIR and allows the department to review an applicant’s “qualifications, residence, prospective place of business, and any other

President Obama’s Dream: “Government is Basically the Only Entity That Pays For Healthcare.”

The Underwriter’s Insider


matters that, in the opinion of the department, are deemed necessary or advisable for the protection of the public and to ascertain the applicant’s qualifications.” Interestingly enough, our stalwart lawmakers in the House and Senate have exempted themselves from this over-reaching law they have foisted on the rest of us. In fact Congress and their staffs will be the only participants in the new exchanges that are allowed large subsidies ($5,000 to $11,000 per year) from their employer (we the taxpayers) to pay for their health insurance. Both Sen. Chuck Grassley (R-Iowa) and Sen. David Vitter (R-Louisiana) attempted to have the same provisions the rests of us must deal with apply to congress, but President Obama himself ordered the Office of Personnel Management to interpret the law so as to retain the generous congressional benefits. One law for me; one law for thee...

OBAMACARE MISS YOUR WILL BOOTH INCREASE IMAGE? AVERAGE LAAIA 2013 INDIVIDUALTRADE FAIR MARKET PREMIUMS IMAGES STILL AVAILABLE FOR HEALTH ONLINE! INSURANCE BY 99% FOR JUST CLICK MEN, 62% ON IMAGE FOR WOMEN BELOW TO ith the worst news going VIEW ALL to North Carolinians who face a tripling of rates for BOOTH PICS women and a quadrupling of rates for

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men according to a September 25. 2013 Forbes news story. The shocking Forbes report goes on to say: “HHS has released a slim, 15-page report and a press release that summarize some of the premium data. ‘Premiums nationwide will also be around 16 percent lower than originally expected,’ HHS cheerfully announces in its press release. But that’s a ruse. HHS compared what the Congressional Budget Office projected rates might look like—in 2016—to its own findings. Neither of those numbers tells you the stat that really matters: how much rates will go up next year, under ObamaCare, relative to this year, prior to the law taking effect.”

And we all know how President Obama feels about wealth redistribution. About how he thinks it’s perfectly fine to take what’s yours and pass it around to his fan base in return for votes. There’s a lot of that going on in ObamaCare. If you are one of the makers in this country - get ready to share more of what you earn with the takers. It’s what liberalism, and the most liberal president we’ve Read the rest of this disturbing report ever had, are all about. [HERE]. www.underwritersinsider.com

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“We Win. They Lose” - President Ronald Reagon detailing his foreign policy as regards America’s enemies 39


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VOYAGER 1 LEAVES THE SOLAR SYSTEM observations and make sense of them. But we can now answer the question we've all been asking -'Are we there yet?' Yes, we are." Voyager 1 first detected the increased pressure of interstellar space on the heliosphere, the bubble of charged particles surrounding the sun that reaches far beyond the outer planets, in 2004. Scientists then ramped up their search for evidence of the spacecraft's interstellar arrival, knowing the data analysis and interpretation could take months or years. Voyager 1 does not have a working plasma sensor, so scientists needed a different way to measure the spacecraft's plasma environment to make a definitive determination of its location. A coronal mass ejection, or a massive burst of solar wind and magnetic fields, that erupted from the sun in March 2012 provided scientists the data they needed. When this unexpected gift from the sun eventually arrived at Voyager 1's location 13 months later, in April 2013, the plasma around the spacecraft began to vibrate like a violin string. On April 9, Voyager 1's plasma wave instrument detected the movement. The pitch 40

of the oscillations helped scientists determine the density of the plasma. The particular oscillations meant the spacecraft was bathed in plasma more than 40 times denser than what they had encountered in the outer layer of the heliosphere. Density of this sort is to be expected in interstellar space. The plasma wave science team reviewed its data and found an earlier, fainter set of oscillations in October and November 2012. Through extrapolation of measured plasma densities from both events, the team determined Voyager 1 first entered interstellar space in August 2012.

"We literally jumped out of our seats when we saw these oscillations in our data -- they showed us the spacecraft was in an entirely new region, comparable to what was expected in interstellar space, and totally different than in the solar bubble," Gurnett said. "Clearly we had passed through the heliopause, which is the long-hypothesized boundary between the solar plasma and the interstellar plasma."

The new plasma data suggested a timeframe consistent with abrupt, durable changes in the density of energetic particles that were first detected on Aug. 25, 2012. The Voyager team generally accepts this date as the date of interstellar arrival. The charged particle and plasma changes were what would have been expected during a crossing of the heliopause. "The team’s hard work to build durable spacecraft and carefully manage the Voyager spacecraft's limited resources paid off in another first for NASA and humanity," said Suzanne Dodd, Voyager project manager, based at NASA's Jet Propulsion Laboratory (JPL), Pasadena, Calif. "We expect the fields and particles science instruments on Voyager will continue to send back data through at least 2020. We can't wait to see what the Voyager instruments show us next about deep space." Voyager 1 and its twin, Voyager 2, were launched 16 days apart in 1977. Both spacecraft flew by Jupiter and Saturn. Voyager 2 also flew by Uranus and Neptune. Voyager 2, launched before Voyager 1, is the longest continuously operated spacecraft. It is about 9.5 billion miles (15 billion kilometers) away from our sun. Voyager mission controllers still talk to or receive data from Voyager 1 and Voyager 2 every day, though the emitted signals are currently very dim, at about 23 watts -- the power of a refrigerator light bulb. By the The Underwriter’s Insider


DIVERSITY ALERT!

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Saudi Muslim scholar with the authority to write fatwas (religious rules) claims that women should not drive automobiles because they could damage their ovaries and bear imperfect children. Sheikh Saleh al-Lohaidan, one of only 21 members of Saudi Arabia’s senior group of scholars put it this way:

time the signals get to Earth, they are a fraction of a billion-billionth of a watt. Data from Voyager 1's instruments are transmitted to Earth typically at 160 bits per second, and captured by 34- and 70-meter NASA Deep Space Network (DSN) stations. Traveling at the speed of light, a signal from Voyager 1 takes about 17 hours to travel to Earth. After the data are transmitted to JPL and processed by the science teams, Voyager data are made publicly available. “Voyager has boldly gone where no probe has gone before, marking one of the most significant technological achievements in the annals of the history of science, and adding a new chapter in human scientific dreams and endeavors,” said John Grunsfeld, NASA’s associate administrator for science in Washington. “Perhaps some future deep space explorers will catch up with Voyager, our first interstellar envoy, and reflect on how this intrepid spacecraft helped enable their journey.” Scientists do not know when Voyager 1 will reach the undisturbed www.underwritersinsider.com

part of interstellar space where there is no influence from our sun. They also are not certain when Voyager 2 is expected to cross into interstellar space, but they believe it is not very far behind. JPL built and operates the twin Voyager spacecraft. The Voyagers Interstellar Mission is a part of NASA's Heliophysics System Observatory, sponsored by the Heliophysics Division of NASA's Science Mission Directorate in Washington. NASA's DSN, managed by JPL, is an international network of antennas that supports interplanetary spacecraft missions and radio and radar astronomy observations for the exploration of the solar system and the universe. The network also supports selected Earth-orbiting missions. The cost of the Voyager 1 and Voyager 2 missions -- including launch, mission operations and the spacecraft’s nuclear batteries, which were provided by the Department of Energy -- is about $988 million through September.

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“[Woman should put] reason ahead of their hearts, emotions and passions... If a woman drives a car, not out of pure necessity, that could have negative physiological impacts as functional and physiological medical studies show that it automatically affects the ovaries and pushes the pelvis upwards. That is why we find those who regularly drive have children with clinical problems of varying degrees.” And if that’s not enough multiculturalism for you, an Indian father who killled his daughter and beheaded her boyfriend over an unapproved 3-year courtship feels no remorse for the brutal “honour killings” according to media report. The young couple had fallen in love and were running away to New Delhi, about 70 miles north of their village, to be married. They were captured en route, dragged back to the village and brutally beaten to death. The proud father, Billu Pehlwan, stated, “I have done nothing wrong. I have cleaned up a social wrong. I would do it again. I have no regrets.”

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