The Underwriter's Insider July 2014

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Features 5 Advertising 9 Kim Komando

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Florida Announces 3 More P.I.P. Fraud Arrests And 1 Conviction Georgia Agent & Husband Arrested: Dunn Right - Dunn Wrong Four Biggest Obama Administration Screw-Ups Of The Quarter - So Far! OP/ED by Ron Manera, Editor

18 Inside Track

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Bad Tech Habits & How To Stop Really Cool Info - By Kim Komando

23 Insider Advisor

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$270,000 Lamborghini Damaged By Uninsured Tow Company - Principals Charged With Fraud

24 Classifieds 28 Say What? 30 Back Issues

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News

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Running A Personal Errand Is Not Operating “For Hire.” Expert Analysis By Barry Zalma, Esq.

It Isn’t Getting Any Better - Might Get A Whole Lot Worse! Political OP/ED by Spencer A. Lehmann, RHU

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“Dancing Hamster” Leroy Barnes Arrested On Insurance Fraud Charges

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Insurance Commissioner Warns N.C. Consumers Against So-Called “Good Driver Discount” Legislation

California Insurance Broker Arrested For Premium Fraud Beazley’s Weather Guard Insurance Clients Receptive To Coverage That Protects Revenues Against Weather

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A.I.G.’s Robert H. Benmosche Steps Down as CEO - Peter D. Hancock Appointed to Replace Great Opportunity - But For Who? The Advisor Examines The Hiring Practices In The Life & Health Industry Husband Guilty Of Insurance Fraud After Wife Set House On Fire Ohio Insurance Agent Sentenced On Property Ins. Related Premium Fraud North Carolina Man Arrested For Making The Same Motorcycle Damage Claim To Three Different Carriers

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North Carolina Insurance Agent Arrested For Stealing $58K In Premium

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Why Is The President Lying To Us On Climate Change? Here Are Two Big Whoppers...

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President Obama: So Wrong About So Much - Dick & Liz Chaney Pen OP/ED Climate Mafia Makes Another Hit! Professor Forced Out Of Climate Group For Admitting: “Not Settled Science!”

Unbelievably Tone-Deaf - Hillary Trying To Sound Like “One Of Us,” Says “Dead Broke” While Earning $5800 Week! FHP Clocks 19 Year Old At 157+ MPH On Motorcycle - Kid Explains Why... Cops Gone Wild! Indiana Woman Arrested On Misdemeanor Charge Stripped Naked & Pepper-Sprayed

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Celebrate Diversity? This Might Change Your Mind...

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Florida Approves 15,000 Citizens Homeowner Take-Out

Obama “Workout” Secretly Filmed Funniest, Most Embarrassing (For U.S.) Video I’ve Seen Yet...

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

Congressman Trey Gowdy Flat OWNS IRS Commissioner During IRS Scandal Hearings

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Cover Photo: © R. Manera

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FLORIDA ANNOUNCES 3 MORE P.I.P. FRAUD ARRESTS & 1 CONVICTION

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ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced the arrests of three individuals in Fort Lauderdale for their involvement in a staged accident that resulted in fraudulent Personal Injury Protection (PIP) billings in excess of $80,000. He also announced the conviction of David Torres, a recruiter for Indian Rehabilitation Center in Jacksonville, on eight counts of participating in staged accidents. An investigation by the Department of Financial Services’ Division of Insurance Fraud discovered that a U-Haul truck that supposedly crashed into a parked Dodge Caravan with eight passengers was in fact a staged accident. The occupants of the caravan filed fraudulent claims in excess of $80,000 from multiple clinics in Miami-Dade and Broward counties. Claudio Boyett, Leslie Sanchez Martinez and Claudia Hoy have all been charged with insurance fraud, and more arrests resulting from this incident are expected.

GEORGIA: DUNN RIGHT DUNN WRONG

Georgia Agent & in restitution to eight victim Husband Arrested & insurance companies. He was also sentenced to five years in the Charged With Fraud Florida State Prison system. Since nsurance agent Cynthia Dunn, his arrest, he has been cooperating 48, is facing charges of one with law enforcement, which count of insurance fraud, one has led to additional arrests and count of forgery, and one count convictions. of misappropriation of premiums. Ronald Alan Dunn, 53, who is not a licensed agent, will be charged with seven counts of insurance fraud, three counts of forgery, two counts of identity fraud, and three counts of violating state licensing requirements.

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An investigation by Hudgens’ Fraud Division revealed that the suspects who own Dunn Right Insurance Agency in Loganville, Ga., kept premium payments made to them by three area businesses and created fraudulent Certificates of Insurance, leading their clients to believe that actual insurance coverage was in place. The businesses were seeking to obtain Workers Compensation and General Liability insurance.

“An investigation into the business practices of Dunn Right Insurance Agency has been conducted over Torres helped arrange staged Since January 2011, the the past several months,” Hudgens accidents and subsequently Department of Financial Services’ said. “Cynthia and Ronald Dunn file fraudulent PIP claims for Division of Insurance Fraud has are alleged to have defrauded at the participants through Indian made nearly 2,000 PIP fraud arrests. least $31,000 from their clients. Rehabilitation Center to their Insurance fraud convictions for the This fraudulent activity exposed insurance providers. He has been current fiscal year total 1,225, a 17 their victims and the public to ordered to pay more than $109,000 percent increase over the previous potentially uncovered losses.” 4

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THE FOUR BIGGEST OBAMA ADMINISTRATION SCREW-UPS OF THE QUARTER (SO FAR...) What You Get When You Take An Unremarkable Community Organizer From The Corrupt Chicago Political Machine And Hand Him The Most Complex and Critical Job On Earth: An Awful Mess For America By Ron J. Manera, Editor

Alas, results, even really, really bad results, seem to count little to the resident Obama and his cadre Obama team - whose goal seems of far-left, to be the academic, diminishment Marxist-friendly of America. theoreticians can Even the usually be counted scandals seem on for one major to penetrate scandal/screw-up their smug per quarter - but arrogance in the 2nd quarter only slightly “The Buck Stops.. Over There!” of 2014, the stellar - and only team out-did themselves. Even Jay because it may hurt them politically. Carney, the president’s pitchman had to step down, no longer able to The quest, clearly, is to advance maintain a straight-face holding the their “transformative” liberal agenda administration blameless with the on a populace sadly uninformed usual excuses, cover-ups and blame- - but certainly not ready - for a casting. country in serious decline. Yet they

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may have failed even there - with the president’s approval ratings predictably at an all time low. The VA Scandal - A Callous Disregard For America’s Heros And Campaign Promises

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he Veterans Administration is a federal bureaucracy charged with three major categories of assistance to those who have served in our military: Medical care, veterans’s benefits and burials/ memorials. Interestingly enough, the VA could serve as a model for what President Obama truly desires for the U.S. health care system: A singlepayor, top-down, government run health care system with little or no private sector involvement. Great test bed! How has the perfect model of a government run, singlepayor system of health care worked? The VA is an embarrassing mess and veterans are dying. Like so many federal agencies, the VA combined gross incompetence, criminal negligence and a complete See 2014 Obama Screw-Ups Pg 20

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

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!

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BAD TECH HABITS AND HOW TO STOP Really Cool Info - by Kim Komando

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o c k e t - s i z e d computers, worldwide communication, instant access to any factoid, and more cat videos than you can watch in a lifetime - no one predicted today’s digital life even a few decades ago. Unfortunately, these marvels have turned far too many of us into generally impolite and downright rude individuals. Let’s start with ...

The Dinner Sinner These are the people w h o

while eating with others shut out the rest of the world, including loved ones. You’ve seen them. Families sitting in restaurants, each with their respective screens illuminating expressionless faces. No one is talking. But there’s a lot of texting, gaming and Facebook going on. Instead, make the dinner table a gadget-free zone. It’s easy when you make it a game. It’s even better when there’s money involved. Ask each person to hold up his or her phone. Then, each person must place the phone in front of his or her place setting with one caveat. T h e phone has to

placed face down. The first person that picks up a phone during dinner pays the entire bill. It’s amazing how much better the conversation is and who’s willing to pay big money to see who sent a text message.

The Public Restroom Talker It’s OK when you’re at home but when you’re in a public restroom, resist the urge to hold a full conversation in the stall. You’re just too loud. You probably do not notice that your voice reverberates off the tiles. Don’t think for a moment that texting is permitted either. If there’s any sort of line, be courteous. Get in, do your thing, wash your hands and leave. I have a friend who has a solution for people talking on the phone in public bathrooms. He has a fart app on his smartphone. Yes, it’s an app that can make all sorts of vile sounds. He turns up his phone’s volume and he starts triggering the app until the person hangs up and leaves. I never said it was a mature solution.

The Ear Whisperer Earbuds and headphones are

See Kim Komando Pg 35 www.underwritersinsider.com

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RUNNING A PERSONAL ERRAND IS NOT OPERATING “FOR HIRE”

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Expert Analysis & Commentary by Barry Zalma, Esq.

rucks operating in interstate commerce are required to maintain federally mandated minimum insurance coverage to protect the public whether the vehicle is identified in the policy or not. An MCS-90 endorsement is a standard endorsement required to be included in a commercial motor carrier’s insurance policy by the Motor Carrier Act of 1980 (MCA), 49 U.S.C. § 10101 et seq., and the regulations promulgated thereunder, 49 C.F.R. § 387.15 et seq. Disputes arise often over whether an MCS-90 endorsement applies when the vehicle is engaged in activities other than interstate commerce or for hire.

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.

In Renee Martinez v. Empire Fire and Marine Insurance Company, 2014.CT.0000709, (June 24, 2014) Martinez filed an action to recover proceeds allegedly due under an automobile liability insurance issued by Empire Fire and Marine Insurance Company (“Empire”), and for other relief, brought to the Superior Court who granted the defendant’s motion for Join Barry Zalma’s new Blog:

http://www.zalma.com/blog

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summary judgment from which the plaintiff appealed.

THE DISPUTE The plaintiff, Renee Martinez, appeals from the summary judgment rendered by the trial court in favor of the defendant. The plaintiff sought to recover under an insurance policy that Empire had issued to Tony’s Long Wharf Transport, LLC (Tony’s), a towing company registered as

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an interstate motor carrier. The plaintiff previously had obtained a judgment against Tony’s for personal injuries she sustained in a motor vehicle accident involving her vehicle and a truck owned by Tony’s and driven by one of its employees. At issue before the trial court on summary judgment was whether the federally mandated MCS-90 endorsement attached to the insurance policy was triggered, so as to obligate the Empire to pay the judgment rendered against its insured. The trial court found the MCS-90 endorsement did not apply. The plaintiff also argues that the public policy of protecting innocent motorists from negligent motor carriers mandates the enforcement of the MCS-90 endorsement in this case.

FACTS On April 11, 2006, the plaintiff was involved in an automobile collision with a 2000 Ford F-450 Dynamic Wrecker (truck) owned by Tony’s. The truck was being operated by Edward Reynolds, who at the time was employed by Tony’s as a heavy-duty truck mechanic. At the time of the collision, Reynolds was See Zalma Pg 33 The Underwriter’s Insider


$270,000 LAMBORGHINI DAMAGED BY UNINSURED TOW COMPANY Tow Company Principals Charged With Fraud After Making False Statements To Personal

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ORONA, Calif.- Michael Bo Goar, 44, and Danielle Goar, 30, of Corona are facing three charges of auto collision and auto property fraud associated with making false statements to an insurance company for a $292,000 claim for damage to a 2007 Lamborghini Gallardo.

during the move were involved in a collision. Michael and Danielle Goar both provided false statements to their insurance company stating the tow was a personal trip and not part of their towing business. The Department of Insurance investigation revealed evidence that contradicted the Goar's

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statements and proved it was a commercial tow business towing job and therefore would not be covered by their personal auto insurance policy. The suspects did not have a commercial insurance policy associated with their tow business. "Not purchasing commercial insurance was an unwise decision to achieve an unfair financial gain," said Commissioner Dave Jones. "This alleged illegal activity placed other motorists at risk and creates unfair competition for other businesses that carry proper insurance coverage." The Goars received a contract to tow a 2007 Lamborghini Gallardo and www.underwritersinsider.com

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IT ISN’T GOING TO GET ANY BETTER, IN FACT… LOOKING AHEAD TO THE NEXT REVELATONS OP/ED BY SPENCER A. LEHMANN, RHU By Spencer A. Lehmann, RHU

are being told that they will have to pay Obamacare taxes. Yup, you heard that right.

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merica has become caught up in several new scandals facing the Obama Administration of late, drawing attention away from the constant revelations of expected and unexpected consequences of Obamacare; such as the VA Scandal, the IRS Scandal, and what might turn into a major Foreign Policy mistake in Iraq, when President Barack Obama ignored the advice of his Generals, who begged him to not withdraw all of our troops from Iraq. Obama ignored their pleas, and now ISIS, a terrorist group so violent that al Qaeda has renounced them, is taking over that country. Nonetheless, Obamacare hasn’t gone away. Americans, and it seems Canadians, are in for some unexpected surprises in the coming couple of years, and some expected new problems, thanks to Barack Obama’s “Care”. Unexpected, and having a very negative effect on our friends to the north, is the news that some Canadians

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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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“How can that be?” you ask. Simple. On July 1, the FATCA (Foreign Account Tax Compliance Act) kicks in. It requires banks around the world to cough up the financial information of any client suspected of being a U.S. person. This means your RESPs, your mutual funds, your bank accounts. To its shame, Canada did not resist this extraterritorial abuse of power and privacy. The banks can’t resist, either – they’re on the hook for heavy fines if they don’t comply. What exactly is FATCA? First, Barack Obama signed the FATCA into law in 2010. This is from the US Chamber of Commerce:

“The Next Obamacare? FATCA Roll Out Flounders. Controversial legislation that imposes expensive and intrusive mandates on U.S. citizens and businesses, signed by President Obama in 2010, is bogged down by website difficulties and delayed The Underwriter’s Insider


provisions, leading opponents to call for the misbegotten law’s repeal. If you were thinking “Obamacare,” guess again: that’s also a fair description of the trajectory of the Foreign Account Tax Compliance Act (FATCA), which has emerged as a hot button issue for many American citizens living and working overseas. And as FATCA faces mounting implementation difficulties, it’s becoming clear that the much reviled tax law is simply not ready for prime time.” [ https://www.uschamber.com/ blog/next-obamacare-fatca-rollout-flounders ] Now this, from Canada’s Globe and Mail:

Uncle Sam is shaking me down. The other day, my accountant called me with bad news. I have to write a cheque for $593.12 to the U.S. government. I was floored. I’m Canadian. I have a Canadian passport. I haven’t lived in the United

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States since I was 14. I pay a pile of taxes here. Why should I pay money to a foreign power? “It’s a new investment tax,” he said. “It’s supposed to help pay for Obamacare.”

disability savings plan, which the U.S. government has called an “offshore trust.”

It gets worse, because now there will be no place to hide. On July 1, the loathsome FATCA (Foreign Account Tax Compliance Act) kicks in. It requires banks around the Welcome to the nightmare of U.S. world to cough up the financial citizens abroad. There are hundreds of thousands of us in Canada, and See Looking Ahead Page 37 millions more worldwide. Most of us are law-abiding people. But the U.S. government is treating us like tax cheats. It also says that any “U.S. person” (meaning anyone born in the United States, or even anyone with American parents) must keep filing U.S. tax returns, forever – or else.” This news has come as a nasty shock. Take the case of Carol Tapanila, a former American who lives in Calgary. Her developmentally disabled son, now an adult, is also deemed to be American, even though he was born in Canada. As she put it in an interview with the CBC, “he’s entrapped.” Trying to figure out how to comply with U.S. tax laws has already cost her tens of thousands of dollars, and she’s had to pay taxes on her son’s

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DANCING HAMSTER ARRESTED ON INSURANCE FRAUD CHARGES

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OS ANGELES, Calif. Leroy Barnes, 27, of Los Angeles, known as one of the dancing hamsters in Kia commercials, was arrested on insurance fraud charges related to

his alleged fraudulent collection of state disability insurance benefits. Barnes is suspected of deceiving his doctors about his employment status while he receiving disability benefits. "Fraudulently collecting disability benefits is not only illegal, it disrespects legitimately injured Californians who are unable to work," said Insurance Commissioner Dave Jones. In June 2010 while employed as a dancer for John Cossette Productions Barnes was struck by a piece of ceiling that fell on him during a sound check. Barnes received state disability insurance benefits from September 2010 to September 2011, totaling more 14

than $51,000. Barnes stated that he was not employed during the year he received state disability insurance. Detectives discovered evidence that Barnes was actually working while collecting disability benefits.

INSURANCE BROKER ARRESTED FOR PREMIUM FRAUD

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ANTA CLARITA, Calif. - John Monreal, 45, of Santa Clarita was arrested on May 30, While receiving 2014 by Los Angeles County disability Sheriff's Department deputies on benefits, Barnes 11 felony counts of embezzlement starred in a Kia and insurance code violations, car commercial after he allegedly duped multiple playing the role consumers into believing they of a dancing were insured while he collected hamster. He their premiums. also performed in a rap group Monreal's would convince his called The Rej3ctz, under the alias clients to pay the full annual MoWii, assisted in recording the premium on an insurance policy in song Cat Daddy, and worked as a exchange for receiving a reduced backup dancer for Madonna, Kelly rate with checks for the policies Rowland, and Chris Brown under be made payable to him. Victims the name Hypnosis. were given a certificate of insurance but in reality, only a portion of the premium was remitted to the carrier. In many cases, the consumers only realized that they had been defrauded when a collection agency representing the insurance company contacted them. In total, Monreal collected $10,703 in premiums from his victims for automobile, home and earthquake policies.

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BEAZLEY’S WEATHER GUARD INSURANCE

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ith its roots in the UK, specialist insurer Beazley (BEZ.L) is familiar with depressing weather. But the company has been finding that US businesses are just as receptive to insurance coverage that protects revenues against unseasonably dreary conditions which keep customers at home. "The polar vortex was a wake-up call for many American businesses," said Beazley underwriter Christian Phillips. "The fact that the US economy as a whole shrank in the first quarter underscores how www.underwritersinsider.com

vice president of contingency underwriting for WKFC. "A wide variety of U.S. businesses - from golf courses to zoos - are vulnerable to tough the period was for those shortfalls in revenue or increased businesses with revenues directly costs due to adverse weather. Weather Guard allows a tailored exposed to poor weather." approach to just about any risk in Beazley's Weather Guard admitted the marketplace, almost infinitely insurance products, distributed customizable. exclusively in the US through WKFC Underwriting Managers, are "In addition to business income designed to protect businesses stabilization and cost containment, from weather that may cause no it can also be used to support physical damage to buildings but weather-related sales promotions. which can deal a body blow to Jewellers and car dealerships among other businesses have revenues. tapped Weather Guard in order "Weather Guard is one of the most to win market share by holding versatile and undersold forms of seasonal promotions during peak insurance," said Christine Ingraham, sales at Christmas or Valentine's Day."

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INSURANCE COMMISSIONER CLAIMS PROPOSED “GOOD DRIVER DISCOUNT BILL” LEGISLATION HURTS N. CAROLINA DRIVERS

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ALEIGH -- Insurance Commissioner Wayne Goodwin wants drivers to know the truth about a legislative proposal being falsely touted as the Good Driver Discount Bill. "If this proposal passes, I am certain that car insurance rates will go up—even for good drivers," he said. "Despite what profitdriven insurance companies will tell you, I will have little to no authority to stop rates from going through the roof." In North Carolina, the insurance commissioner sets a cap on car insurance rates, and insurance companies compete by offering discounts below the established cap. The proposed legislation would allow companies to opt out of the current system and bypass the cap set by the insurance commissioner. The proposed change would dismantle a system that's working well. According to a recent study by the National Association of Insurance Commissioners, North Carolina has the sixth lowest average auto insurance rates in the country. The state also has a www.underwritersinsider.com

highly competitive market, with more than 150 companies writing auto insurance.

"Insurance companies can and do offer discounts in North Carolina. If they're not offering discounts here, it's because our rates are already so low. The insurance companies don't need a change in law to

charge you less. The only reason they need a change in law is to charge you more," said Goodwin. "This bill has nothing to do with helping drivers. It has everything to do with insurance companies' bottom line." There are more than 2,000 different car insurance discounts available in North Carolina. A full list is online at www.ncrb. org/Por tals/0/ncrb/ personal%20lines%20 services/deviations/Auto%205-1514.pdf Goodwin encourages North Carolinians to contact their state legislators and tell them to oppose the so-called Good Driver Discount Bill.

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Breaking News

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merican International advise the CEO and continue Group, Inc. (NYSE:AIG) to be involved in AIG’s internal announced in June that its leadership development Board of Directors has named programs, as well as mentor Peter D. Hancock as President and coach AIG managers. and Chief Executive Officer, AIG, effective September 1. he de-mallification of Mr. Hancock will also join America has begun. AIG’s Board 400 of the 1100 malls of Directors, operating in the country effective ten years ago have been September closed or re-purposed to 1. He educational or office space currently use. Analysts predict that serves as another 15% of American Executive malls will disappear in the V i c e Robert H. Benmosche next 10 years. The chief President, AIG, and Chief reason seems to be the return Executive Officer of AIG to urban retail locations. Property Casualty, and will succeed Robert H. Benmosche, who currently is AIG President and Chief Executive Officer. As of September 1, Mr. Benmosche is expected to resign from the AIG Board of Directors and will assume an advisory role at AIG. In that capacity, Mr. Benmosche will

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he biggest Affordable Health Care lie? That it’s affordable. The Manhattan Institute for Policy Research recently conducted a comprehensive study to identify the cost impact of the health care law. Turns out the average increase in cost for an individual (Thank you President Obama...) is 49%!

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n what some have called a witch-hunt, California is going after life & annuity agents in a big way - paying county district attorneys to investigate and prosecute alleged breaches of law. In one case, an annuity salesman was charged with burglary in addition to other charges because he had visited the annuity client in

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their home. The California Dept. of Insurance has even produced a video warning annuity consumers about abuse using a sleazy looking actor to portray the insurance agent. The videos are used in so-called “outreach sessions.” According to a report in InsuranceNewsNet.com, there was one instance of apparent prosecutorial abuse where an annuity agent, Neasham, was charged with a crime for selling an annuity to an 83 year old client later diagnosed with dementia. The agent, who testified he saw no signs of cognitive impairment, lost his insurance license, his business and his house in the investigation. According to the story, “Neasham’s conviction was eventually overturned -- and ridiculed -- by an appellate court. The state Supreme Court had the original opinion “depublished,” a rare request to prevent the conviction from being used as precedence.”

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uthor and political pundit Brent Bozell points out the hypocrisy of the U.S. Patent & Trademark Office (PTO) when they declared the word “Redskins” (As in Washington Redskins) offensive and therefore www.underwritersinsider.com

unworthy of trademark protection citing a 1946 law prohibiting trademarks that are “immoral, deceptive, or scandalous matter.” To put the PTO’s ruling in perspective, Bozell points out some other trademarks that the PTO recently approved: Uppity Negro, Dago Swagg, and 20 trademarks using the slang term “MILF.” The Left’s collective offense at the football team’s trademark has gained little traction in the real world where virtually no one can be found to be disturbed by it - including Native Americans. After all, common sense tells us that naming your team after a particular ethnic group is an honor - not a slur.

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ll Risks, Ltd., the nation’s largest independent wholesaler, has hired Misty Guzman as Sales Leader in their New Orleans, LA office. Matthew Treadway is added as a Brokerage Underwriter to the Louisiana office. Jennifer Nagle joins this team as an Associate Broker, assisting with building All Risks’ South Central brokerage operations. Charles Jackson joins the New Orleans team as a Production Associate.

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AMERISAFE, Inc. a specialty provider of hazardous workers’ compensation insurance, today announced that Craig Leach, AMERISAFE’s Executive Vice President, Sales and Marketing, will retire effective December 31, 2014. Mr. Leach has had a distinguished career with AMERISAFE, serving in a number of key sales and marketing positions since beginning his insurance career with a predecessor to the company in 1980.

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he Insurance Fraud Deskbook by Barry Zalma, Esq. is a valuable resource for those who are engaged in the effort to reduce expensive and pervasive occurrences of insurance fraud. It explains the elements of the crime and the tort to claims personnel, and it provides information for lawyers who represent insurers so they can adequately advise their clients. Prosecutors and their investigators can use this book to determine what is required to prove the crime and win their case. Available from http://www.ShopABA. org, orders@americanbar.org, or 800-285-2221. 19


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children cross illegally into the US - most believe in response to an Obama administration “open-arms” policy to immigrant children - rumors that the U.S. is offering amnesty to those that make it across the border. disregard for human welfare. 40 U.S. Most of the newly arrived children veterans died waiting for care at a are coming from Central America. single Phoenix, Arizona Veterans Health facility alone while waiting for The New York Times reports: critical care - and there are reportedly “That perception has inspired a lot more elsewhere. parents who have not seen their children for years, to hire so-called As of this month, several other VA coyotes, guides often associated facilities have been identified with with organized crime, to bring similar problems. On June 11, the them north,” writes Times reporter FBI opened a criminal probe of the Frances Robles. “It has prompted VA mess. While the VA problems other parents to make the trip with extend back before the Obama toddlers in tow, something rarely administration, President Obama seen before in the region.” was the first presidential candidate to specifically campaign on VA health care reform. It was a nice bumper sticker - but the President did nothing.

OBAMA TEAM SCREW-UPS

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“It’s a mess. From all appearances, the border kids aren’t immigrants. They’re refugees. They’re here because they couldn’t be anywhere else, and they had no choice but to come. We’re supposed to take in people like this, and offer them safe haven.”

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The influx of an estimated 90,000 minor children this year alone, which will cost the taxpayer billions, The surge of minors, sometimes at least, is directly attributable to accompanied by their mothers is administration policies encouraging simply overwhelming our border immigration. facilities. Border agents are too busy changing diapers to enforce the The Bergdahl Swap - How Many borders - which is only making the Americans Will Die As a Result problem worse. of The President’s Naivety? One blog post stated: he Bowe Bergdahl swap is a The Escalating Crisis On “Obama has basically hung an perfect example of an inept, Our Southern Border ‘Illegals Welcome’ sign over clueless administration that American’s proverbial doorpost actually believed, by all accounts, n June, we learned that there with his amnesty policies.” the swap of a single deserter for the is a gigantic humanitarian/ entire Taliban “Dream Team” would immigration/political crisis columnist Ruben result in a national orgasmic cheer of mounting on our southern border as Syndicated approval and big political points for tens of thousands of unaccompanied Navarrette writes: Both Dr. Robert Petzel, the VA’s top health care official and the Secretary of Veterans Affairs Eric Shinseki have stepped down in shame as an internal audit showed 120,000 veterans were left waiting or never received care as internal schedulers used bogus lists and faked schedules to make waiting time appear more favorable.

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platoon mates, to a man, believe he was a deserter. Nevertheless, for months following his disappearance, In June of 2009 Bergdahl sent an the platoon sent out patrol after email to his father that reportedly patrol searching for Bergdahl. His included the following: former comrades in arms believe that at least one - or, as CNN reported, as “I am ashamed to be an american. many as six American soldiers may And the title of US soldier is just the lie have died while conducting these of fools. ... The US army is the biggest patrols. joke the world has to laugh at. It is the army of liars, backstabbers, fools, and Bergdahl was held for five years bullies. I am sorry for everything. The until the inglorious prisoner swap horror that is america is disgusting.” on May 31, 2014 arranged by the Obama Administration - without Shortly afterwards, the former ballet notification to congress as required dancer walked off base one evening by law - claiming“unique and exigent the president. They could not have without a weapon. Radio intercepts circumstances” as justification for the been more mistaken. included overheard conversations lack of notice. stating that an unarmed American Bowe Bergdahl, an American army was seeking out the Taliban. In the swap, we got Bowe Bergdahl, enlisted man, was a tad unusual. a deserter with strong anti-American According to Wikipedia, Bergdahl Thereafter, according to Taliban leanings - an enemy sympathizer “was home schooled by his mother accounts, he was “captured” by the who may be indirectly responsible in Hailey, Idaho. The family attended terrorist group headed by General for as many as six dead American Sovereign Redeemer Presbyterian soldiers. Church, an Orthodox Presbyterian Church. He received a GED certificate In exchange, the Taliban was returned through the College of Southern their “Dream Team,” five senior Taliban Idaho in his early 20s. officers including their army Chief of Staff. The lineup: Mohammad As an adult, Bergdahl studied and Fazl, Khairullah Khairkhwa, Abdul practiced fencing and martial arts Haq Wasiq, Norullah Noori, before switching to ballet classes and Mohammad Nabi Omari. at the Sun Valley Ballet School in Respectively, they were the Taliban Ketchum, Idaho. He never owned a army chief of staff, a Taliban deputy car; he rode his bicycle everywhere. minister of intelligence, a former He spent time in a Buddhist Taliban interior minister, and two monastery between 2007 and 2008.” other senior Taliban figures. Nabi Mullakheil in the Pakitika An odd resume for a chap who Province of Afghanistan. It is unknown how many American would end up an infantry soldier on a soldiers may have died in the original U.S. Army forward operating base in Although Susan Rice, Obama’s capture of these five terrorists - all Afghanistan. Ballet is not big in that Ambassador to the U.N. described of whom had been luxuriating at region, while Bergdahl became, by him as a soldier that had served with See Obama Screw-Ups Page 38 all accounts and evidence, unhappy “honor and distinction,” his former

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“The Final Authority on Everything!” Great Opportunity But For Who?

ADVISOR

fund the cost of specific company training and cover his own expenses to service their clientele? Am I missing ’ve been receiving The something here? Should I look Insider for about 3 months elsewhere? B.H. Miami Lakes, and I’ve gotten some FL

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valuable information from reading the articles. I am new to the insurance industry and want to start in the life insurance business on the recommendation of a friend. I’m going from a banking position and I have a good understanding of what’s involved and I’ve spent the time and money to earn my Life & Health license. The problem is this:

you” tells you all you need to know. They don’t believe you will succeed. And frankly, it’s often all the same to them if you do or you don’t (since you haven’t cost them a dime) and you are likely to sell at least a few policies before you realize you are spending all your first-year commissions on expenses that would be covered by your employer in almost any other industry.

Your response to what seems to have become an industry standard is not uncommon and points a well-deserved finger at an industry that may have become cynical in it’s approach to recruiting and hiring. Renewal commissions after you leave? You guessed it. The fact that they are “not willing to bet a dime on See Great Opportunity? Page 40

Every company or agency I interview with tells me three things: 1) I am a perfect fit for the life insurance business, (passed all the aptitude tests with high marks), 2) their particular opportunity is outstanding and almost guarantees success, and, 3) they are not willing to bet a dime on me. What’s with an industry that expects a new hire to buy his own business cards, buy his own E&O insurance, pay for his own lead generation, www.underwritersinsider.com

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FREE CLASSIFIED RULES: Submit all ads online at: www.underwritersinsider.

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Wholesale Broker Wanted Hallandale, FL

Regency Insurance Brokerage Services is seeking a top quality broker with deep relationships in the industry. If interested, please respond with your resume to the email address provided below. Thank you. mmartinez@riemerinsurance.com 11-6

2-20/2-15 AGENT POSITION WANTED MELBOURNE, FL AREA

Licensed 220/215 Agent with over 30 years experience looking for a position to help your agency grow. Prefer the Brevard County / Melbourne area Please send any inquiries to aainsctr@yahoo.com Thank you for your consideration. aainsctr@yahoo. com 11-6

QQ Evolution

Independent Contractor Agency seeking individual with experience in QQ EVOLUTION management system. Part time and project requirements,possible ongoing. Central Florida Coastal can work remotely. Send Resume to Ins4Biz@gmail.com or fax to 321-574-5915. 11-6

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2-20 Agent Wanted Port Orange, FL

Part-Time Up to $18/hr -Independent Agency looking for a licensed 2/20 insurance sales producer. Don’t bother responding unless you are the best in sales and are able to prove it. Start now at the ground level of a new independent insurance agency in Port Orange. Must be good at sales and have a great ability to close deals and round out accounts. Email resume for additional information. If you are an ambitious insurance sales producer email me now: PortOrangeInsuranceAgent220@gmail.com 11-6

EXPERIENCED COMMERCIAL LINES CSR PALM BEACH,FL AREA Boca Raton,Fl- MGA/Wholesaler looking for experience commercial lines CSR/ Rater ,must be highly motivated,energetic with good communication skills. Good salary and benefits. Contact: ccalver@niuw.com 11-6

2-20 AGENT WANTED! BROWARD COUNTY, FL

Broward County Ins Agency needsan energetic, hardworking, experienced Commercial Lines Producer. Pls fax resume to 954-208-0011. 11-6

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4-40/2-20 Agent Wanted Deerfield/Boca Raton Licensed 440/220 Wanted in the Boca/Deerfield area for Active office. Great opportunity for the right person. Contact:insure4u954@aol.com 11-6

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, highf growth technology company that develops and markets premium finance software throughout N. America. While working mostly inside-sales 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

Experienced CSR Wanted

Lake Worth/Lantana, FL Busy Lantana/Lake Worth insurance office seeking a full time customer service representative. Office experience is a must. A 440 is preferred however, not required. Hours are M-F 8:30-5:30 with 1 hour lunch. Please email resumes to csr@sfcins.net 11-6 The Underwriter’s Insider


Account Executive Washington, DC area AHT Insurance is seeking an Account Executive to work closely with clients in the marketing, servicing, development, and retention of commercial insurance accounts. The Account Executive will take a consultative role, making recommendations on the most appropriate and cost effective insurance solutions with a focus on high service satisfaction. For more information about this opportunity, visit www. ahtins.com. For consideration, please send your resume to smiley@ahtins.com. smiley@ahtins.com 11-6

Position Needed Workers Compensation Orlando - Fl E. Coast

Experienced Workers Compensation underwriter/marketing representative. Years of experience in the Florida market. Also experienced in the PEO industry and all casualty lines including Trucking. Please contact Tom @ toogreatt@yahoo.com 11-6

Marketing Rep Wanted

Orlando or Jacksonville The Marketing Sales Representative is accountable for the daily management and business relationship between the Company and a specific group of independent agents. Responsibilities range from establishing and managing agent’s sales against the Company’s strategic business goals; developing and monitoring sales; to training all levels within the agency regarding specific rating and service functions. Contact: marketing@windhaveninsurance.com 11-6 www.underwritersinsider.com

INSURANCE AGENCY FOR SALE Well known South Florida based insurance agency with over 35 years of experience. Opportunities in Broward, West Palm, Orange and Hillsborough Counties. Great opportunity to get into the business with one of the industry’s most locally recognized brands. 8 week training and ongoing support. Operations Manual, marketing & advertising. NO EXPERIENCE NECESSARY, INSURANCE EXPERINCE WELCOMED. contact: franchise@estrellainsurance.com or call us at 1-888-511-7722 11-6

Insurance Agent Tampa St Pete Area Are you interested in a long term career that builds your income from year to year; is a great place for a selfmotivated person to succeed; allows you to be the expert others look to for answers; provides you a training period working side-by-side with an experienced agent; gives assistance to people, who will really appreciate it. Uses a business model that is cutting edge and when you follow, duplicate and master, you will be successful¡Kand we will show you how! jeanette@floridabestquote.com 11-6

Broward County 2-20 Agent Wanted Broward County Ins Agency needs An energetic, hardworking, experienced Commercial Lines Producer. Pls fax resume to: 954-208-0011 11-6

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Insurance Agent up to $60K 4-40 / 2-20 (Near Boca Raton)

QQSolutions, field Beach

Inc.,

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agency management software Train new customers in use of QQSolutions products & services. 220 / 440 at least 3 years of customer service experience working in a P&C insurance agency. Experience in using agency management systems, such as QQSolutions, QQEvolution/ QuickFile, QQCatalyst, TAM/DORIS, AMS 360, Hawksoft, etc.Excellent verbal & written communications skills Great presenter and trainer. Contact: dsteinberg@qqsolutions.com 11-6

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Position Wanted Worker’s Comp Underwriter Orlando/East Coast of FLA Experienced Workers Compensation underwriter/marketing representative. Years of experience in the Florida market. Also experienced in the PEO industry and all casualty lines including Trucking. Please contact Tom @ toogreatt@yahoo.com 11-5 25


Continued...

Experienced CSR and/or AgentsFt. Lauderdale area

Experienced Life Agency Personnel Wanted

-220 or 440 minimum of 1 year exp.in Auto/Home/Commercial -Must have a GREAT “Can Do” attitude -Must be able to multi-task and be a willing and able Team Player -Must have the ability to treat our clients with the respect they deserve and give them the best service they have ever received Please, only happy serious people apply Marlinsii@aol.com or fax 954-587-7778 11-7

Seeking marketing and customer service personnel with life insurance experience to work at office in Oviedo. We are a wholesale Brokerage General Agency serving independent agents and financial advisors across the nation. Contact: info@lifeagents.com 11-7

Commercial P&C Underwriter Orlando, FL Area Surplus Lines Experience Preferred. Orlando, FL Fashion Square area. Please e-mail your resume to: Resume@ChelseaSurplus.com No phone calls please.

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Agents • CSRs • Producers Pembroke Pines & Kendall, FL Area

Established and financially stable insurance agency is looking for Agents, CSR, and Producers for our Pembroke Pines (33029) and Kendall locations(33173). We offer: Base salary plus bonus and incentives Professional & pleasant work environment Great support and opportunities to grow with our company Send your resume to info@bestoneins.com 11-7 26

HUSBAND GUILTY OF INSURANCE FRAUD AFTER WIFE SETS HOME ON FIRE

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AN JOSE, Calif. - Edward Russell, 59, pleaded guilty to one misdemeanor count of insurance fraud earlier this month after intentionally withholding information from his insurer regarding a fire that destroyed his home. Russell was sentenced to 120 hours of volunteer Experienced CSR/Agent work program, ordered to pay Boca Raton-Deerfield more than $89,000 in restitution to Established agency seeks Universal North Insurance Company experience CSR/Agent and placed on two years probation for non-standard agency. Good opportunity to when he failed to inform his insurer grow with us.Excellent that his wife had deliberately set fire working conditions. to their home in order to collect the full insurance benefits. Contact: insure4u954@aol.com 11-6 Russell was arrested in September of 2013 after he filed an insurance claim when his home burned down. His wife, Christie Russell, was caught on video surveillance footage setting fire to the home after a family argument. She was later convicted of arson. Russell failed to report to his insurer that his wife was responsible for starting the fire in their residence. Russell received the full benefits under his homeowner policy totaling more than $178,600. Had Russell disclosed his wife's involvement, he would have received half of the benefits per the terms of his policy.

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OHIO INSURANCE AGENT SENTENCED FOR FRAUDRELATED CHARGES

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OLUMBUS – Former West Mansfield insurance agent Robert Horney, of Marysville, was sentenced in Logan County Common Pleas Court to serve 60 days in jail, five years on community control and ordered to pay more than $21,000 in restitution for multiple fraud-related offenses, Lieutenant Governor and Department of Insurance Director Mary Taylor announced. Horney could also face up to six and a half years of incarceration if he doesn’t abide to the community control conditions. Horney pleaded guilty in April to counts of grand theft, theft from the elderly, theft and insurance fraud based on a joint investigation by the Department and the Logan County’s Sheriff’s Office.

policies to local residents but kept their premium payments that should have been forwarded to insurance companies, leaving them without insurance protection. Horney surrendered his license to the Department in July 2013.

Insurance Company on Aug. 25, 2013, Allstate Insurance Company on Sept. 10, 2013, and GEICO on Sept. 16, 2013, for the same damage to his 1985 Honda motorcycle. White collected $3,795.33 from the Progressive and Allstate claims.

N. CAROLINA MAN ARRESTED FOR MAKING SAME CLAIM TO 3 DIFFERENT CARRIERS

Pierce was arrested on June 23 by the Charlotte Mecklenburg Police Department and placed under a $3,000 bond.

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ALEIGH -Insurance Commissioner Wayne ALEIGH -Insurance Goodwin today Commissioner Wayne announced the arrest of James Goodwin today announced the arrest of Robert Howard Ellington, 74, of 2901 Thomas White, 53, of 4808 Kipling Market Bridge Lane, Raleigh; he Drive, Charlotte; he was charged was charged with 10 counts of obtaining property by false with two pretense. counts of

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insurance fraud and one count each of obtaining property false “Mr. Horney’s selfish acts put many by people in vulnerable positions who pretense and thought they secured insurance a t te m p t i n g obtain to protect their interests,” Taylor to said. “I appreciate the work of the p r o p e r t y Commissioner false investigative team to ensure justice by Wayne Goodwin has been served on behalf of those pretense. harmed by Mr. Horney’s actions.” Department of Insurance criminal Horney sold property insurance investigators allege that White filed insurance claims with Progressive www.underwritersinsider.com

RALEIGH INSURANCE AGENT ARRESTED

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Department of Insurance criminal investigators allege that Ellington, while working as an insurance agent, took more than $58,000 in insurance premiums from policyholders and failed to remit them to the insurance companies. Ellington was arrested on June 23 in Wake County; his bond was set at $20,000. Ellington surrendered his North Carolina insurance licenses in May 2014. 27


SAY WHAT? Notable Quotes You May Have Missed!

Current Administration Now Judged More Incompetent Than Bush - By Wide Margin

rhetoric has now come crashing into reality. Watching the black-clad ISIS jihadists take territory once secured by American blood is final proof, if any were needed, that America’s enemies are not “decimated.” They are emboldened and on the march. Iraq is at risk of falling to a radical Islamic terror group and Mr. Obama is talking climate change. Terrorists take control of more territory and resources than ever before in history, and he goes golfing. He seems blithely unaware, or indifferent to the fact, that a resurgent al Qaeda presents a clear and present danger to the United States of America.” - Dick & Liz Cheney in a jointly-written column for the Wall Street Journal entitled “The Collapsing Obama Doctrine.” [Read Entire Article]

This has to hurt: A plurality of respondents in a new Fox News poll “believe the administration of former President George W. Bush was more competent [than] the Obama administration,” the Hill reports. “Forty-eight percent say the Obama administration is less competent, Another Hit By while 42 percent say it is more competent.” Although the question The Climate Mafia didn’t include the option, 7% volunteered that they rated the two “If people ever say that administrations “the same.”” - James fears of censorship Taranto, author, pundit writing in for ‘climate change’ The Wall Street Journal in June from views are overblown, a column titled “Who’s More Competent?” have them take a look at this: Just two days after I published a piece in the Wall Street Journal calling for Africa to Obama: So Wrong be allowed the ‘all of the above’ energy About So Much strategy we have in the U.S., the Institute Rarely has a U.S. president been so for Policy Studies terminated my 23wrong about so much at the expense year relationship with them…because of so many. Too many times to count, Mr. my analysis and theirs ‘diverge.’ The left Obama has wants to stop industrialization - even if told us he is the hypothesis of catastrophic, man-made “ending” the global warming is false.” - Dr. Cleb Rossiter, wars in Iraq and and an adjunct professor at American Afghanistan— University in Washington DC and described as though as having “impeccable liberal credentials” wishing made after being attacked by the Climate Mafia it so. His and terminated from his 23 year position

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as Associate Fellow of the Institute for Policy Studies for daring to describe man-made global warming as an “unproved science.” Unfortunately, the scientific community of climate hysterics is far more about ideology than science - having already been caught faking data to support their climate theory. Anyone within their community (and there are many) who dissent are immediately attacked and dismissed as a “denier.”” Watch the video...

Presidential Climate Lie Exposed

The temperature around the globe is increasing even faster than predicted even 10 years ago.” 11/14/2012 “We also noted that the climate is warming faster than anyone anticipated five or ten years ago.” 5/29/13 - President Barack Obama telling a whopper of a climate lie and then exposed by Sen. Sessions during a Public Works Subcommittee hearing including 4 EPA administrators. The hearing examined the

Unbelievably Tone Deaf...

We came out of the White House not only dead broke but in debt. We had no money when we got there, and we struggled to, you know, piece together the resources for mortgages for houses, for Chelsea’s education. You know, it was not easy,” - Hillary Clinton during a Monday night interview with Diane Sawyer, laughably claiming poverty as they left the White House in 2001 as Hillary moved directly to the Senate at an annual salary of $145,000 with Bill’s pension in excess of $155,000. How many of you would consider a weekly income of $5,800 “dead broke?” And those “mortgages for houses” she was “struggling” for?” Just one of them was a $1.7 million dollar mortgage! Poor, poor Hillary. The Clinton’s estimated net worth now exceeds $50 million - and Hillary charges a $200,000 fee plus expenses for a single speech. Probably no longer eligible for an EBT card or other government assistance.

“An Obscenity To Me...”

“ Obama Administration’s push for intrusive anti-energy regulations that will cause energy prices to “necessarily skyrocket,” destroy millions of good-paying jobs and reduce income for working Americans. Note: There has been NO climate warming over the past 17.5 years! Watch the video... www.underwritersinsider.com

This is a place which is 600 feet from where almost 3,000 people were torn to pieces by Islamic extremists…it is incredibly insensitive and audacious…for them to build a mosque… so that they could be in proximity to where that atrocity happened…The idea that you would establish a religious institution that embraces the very Shariah Law that terrorists point to as their justification for what they did…to build that where almost 3,000 people died, that is an obscenity to me.” - Debra Burlingame, sister of Charles “Chic” Burlingame, pilot of Flight 77 flown into the Pentagon on 9/11/01 commenting on the planned mosque near Ground Zero in NYC.

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June 2014

May 2014

April 2014

March 2014

February 2014

January 2014

December 2013

November 2013

October 2013

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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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FLORIDA HIGHWAY PATROL CLOCKS 19 YEAR OLD MOTORCYCLIST AT 157+ MPH - SANTIAGO GUERRA PINEDA EXPLAINS WHY

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COPS GONE WILD!! Indiana woman forcibly stripped naked, pepper-sprayed and left in jail cell for 8 hours after being arrested on misdemeanor charge

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Continued from Page 10

ZALMA

retrieving motor vehicle parts from a facility in Hamden, which he then was to transport to Tony’s facility in New Haven. Reynolds was to use those motor vehicle parts to repair other vehicles owned by Tony’s at the New Haven facility. On May 5, 2010, the court rendered judgment against Tony’s and awarded to the plaintiff damages in the amount of $693,025.69, plus costs. The judgment was not satisfied within thirty days of the date it was rendered because, in a letter to Tony’s dated April 26, 2006, Empire had denied liability coverage under an insurance policy that it had issued to Tony’s prior to the collision. The insurance policy at issue in this appeal is a Commercial Lines Policy, effective April 27, 2005 through April 27, 2006. Although the truck originally was listed on the schedule of covered vehicles of the

www.underwritersinsider.com

policy, it later had been removed, pay the underlying judgment, and at the request of Tony’s, by way of that Empire, therefore, is liable to an endorsement. The effective date her for the unpaid balance. of the truck’s removal from the policy was more than six months Empire moved for summary before the collision. Nevertheless, judgment, asserting that the a federally mandated MCS-90 truck had been removed from the endorsement was insurance policy “...the truck in question attached to the as a covered policy. The MCSvehicle prior to was not operating for90 endorsement the collision. hire when the collision provides that: She argued that occurred, the MCS-90 “[Empire] . . . the MCS-90 endorsement attached agrees to pay, endorsement to the policy was not within the limits of attached to liability described triggered and Empire, as the policy was herein, any a matter of law and in the triggered. The final judgment trial court found absence of any genuine recovered against that because issue of material fact, the insured for there was no was not required to pay public liability genuine issue resulting from of material fact the judgment rendered negligence in that Tony’s was against its insured.” the operation, not transporting maintenance goods in or use of motor vehicles subject interstate commerce at the time to the financial responsibility of the accident the MCS-90 requirements of [the MCA]….” endorsement was not triggered so as to obligate Empire to pay The plaintiff brought the underlying the judgment rendered against its action, as a insured. judgment creditor, DISCUSSION against Empire, as an insurer, Federal law applies to the pursuant to operation and effect of the MCS-90 C o n n e c t i c u t endorsement. Congress enacted s t a t u t e s . the MCA to deregulate the trucking The plaintiff industry, increase competition, c o n c l u d e d reduce entry barriers, and improve that she was quality of service. To that end, the s u b r o g a t e d MCA provides that a commercial to the rights of Tony’s as against Empire See Zalma Pg 41 for its failure to

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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.

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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.

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Continued From Page 9

KIM KOMANDO

slamming into other people when you walk, you’re probably trying to text at the same time. Stop - especially if you’re headed my way.

documentary from Werner Herzog and maybe they’ll get the picture.

And for the more than 11 percent of you who think it’s OK to text a do not disturb sign that tells the world you just don’t want You also never text while driving. during sex, that’s just wrong. to be bothered. I get that. But It’s a quick way to kill yourself when the person trying to talk and plenty of other people. If you to you is your co-worker, friend, know someone who texts and family member or someone in drives, send them this sobering See Kim Komando Pg 40 a position of authority, can you please remove your earbuds or headphones? I know you can hit pause and this silences things on your end. Still, I would rather know for sure that I have your complete attention.

The Loud Ones Ringtones, text alerts, and mail notifications do not have to be set at full volume. Ditto for when you lose at Candy Crush. And if you’re going to share a movie’s dialogue, turn the screen so everyone can watch. Better yet, turn down the volume until you throw on a pair of headphones. Also, if you have the volume on your headphones up loud enough so other people can hear it, they’re too loud. Not only is it annoying people, it’s damaging your hearing. Do everyone including you - a favor and bring it down to a polite level.

The Texter If you’re running into poles, tripping off sidewalks and www.underwritersinsider.com

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CELEBRATE DIVERSITY?

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Pregnant Sudanese Christian Shackled and Jailed Awaiting Death Sentence For Failure To Renounce Her Religion

udan - Merian Ibrahim, 27, is an eight months pregnant Christian woman married to a Christian man who happens to be a U.S. citizen. She is in a Sudanese prison, along with her 20 monthold-son shackled and awaiting 100 lashes to be followed immediately by a death sentence.

Her crime? She has refused to renounce the religion of Christianity in which she was raised, and convert to Islam. She was convicted by a Sudanese Sharia court in Khartoum of apostasy - a Muslim leaving Islam - and adultery for marrying a Christian man. The prosecution claims she was born a Muslim which Merian disputes. Her husband, Daniel Wani, has been living in the United States awaiting 36

the completion of the paperwork to bring Merian into the country, rushed to Sudan to see if he could free his wife and son. After a prolonged wait, he was allowed to visit his family in prison - yet he will not be allowed custody of his 20-month-old son since the court has ruled the child is Muslim. Sharia

Many in this country and abroad like to draw a big, rhetorical distinction between radical Islam and so-called moderate Islam, claiming moderate Islam is completely benign. Only if you believe a death penalty for converting from Islam is benign. They should know this atrocity being committed against Merian Ibrahim has nothing to do with so-called radical Islam. Sharia law, advocated by most Muslims, is loaded with all sorts of similar “crimes” and punishment. (see The Real War Against Women) If that was not enough cultural diversity to celebrate, read the story of this 25-year-old Pakistani Muslim woman who was dragged away from her new husband to be stoned and beaten to death with bricks by a crazed mob - including her own father and brothers and former fiance.

Farzana Iqbal “dishonored” her family, they claim, because she married the man of her choice rather than her cousin - a marriage arranged by her family. Thousands law does not permit a Christian man of young women are killed every year in these so-called honor to raise a Muslim child. killings. There appears to be some familial intrigue going on as well since When she refused to leave her new the woman was initially charged husband’s side, outside one of the with having illegitimate sex since main courthouses in Pakistan, she her marriage to a Christian man is was murdered in cold blood, dying considered adultery as her marriage of massive head wounds. to a Christian man is considered by Sharia law to be illegitimate. Certain Ed - Perhaps it’s time to stop members of her father’s family reflexively celebrating so-called “multiculturalism” when it’s American brought the charges against her. culture we should be encouraging. Ours is just better!

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Continued from Page 13

Obamacare, the Employer Mandate, conveniently put on hold by Mr. Obama in order to keep its foreboding results from affecting the outcome of the 2012 Elections, is now due to go into effect in 2015. This, again from the US Chamber of Commerce:

LOOKING AHEAD

information of any client suspected of being a U.S. person. This means your RESPs, your mutual Employer Mandate funds, your bank accounts. To its shame, Canada did not resist this extraterritorial abuse of power and What is the employer mandate? As part of the health privacy. The banks can’t resist, either – “Way to go Obama! care reform law, beginning in they’re on the hook Now you’ve got 2015, certain for heavy fines if employers with Canadians who they don’t comply.” 50 or more “full[ http://www. are in shock, as time equivalent” theglobeandmail. they didn’t know employees com/globe(FTEs) who do you were going debate/unclenot provide sam-is-shakingafter their money affordable health m e - d o w n / to help fund care coverage article19301124/ ] may be assessed your Obamacare. a penalty if at Way to go Obama! Along with your least one fullNow you’ve got refusal to allow the time employee Canadians who qualifies for a are in shock, as Keystone Pipeline premium tax they didn’t know to got through, Mr. credit and uses you were going after their money American President, it to purchase coverage in the to help fund you’re just making health insurance your Obamacare. America all kinds of exchange. Along with your

friends across our refusal to allow the itionally, Keystone Pipeline northern border.” Athed dlaw requires to got through, employers Mr. American to provide prescribed health President, you’re just making America all kinds of friends across coverage while, at the same time, penalizing some employers who our northern border. may fail to offer what is defined by An expected and incredibly the law as “affordable” coverage. negative

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The employer mandate provides two deterrents for business growth. First, the employer mandate discourages small businesses from hiring additional employees because only businesses with 50 or more FTEs may be penalized for not offering the prescribed coverage. Second, the employer mandate penalty, once triggered, is calculated based on the number of full-time employees. Further, for the first time, this new law defines a full-time employee as someone who works 30 hours per week, averaged over the course of a month, rather than the traditional definition of 40 hours per week.

See Looking Ahead Page 39

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OBAMA SCREW-UPS

President Obama - and another national embarrassment. Meanwhile, President Obama apparently cannot take the time to make a phone call to the Mexican president to ask for the freedom of a real American hero, a Marine who actually did serve with honor and distinction, a gunner who once saved three fellow Marines by taking out multiple insurgents from his gun turret. On March 31st of this year, Sgt. Andrew Tahmooressi, accidentally made a wrong turn into Mexico at the San Ysidro, CA checkpoint.

The Fall of Iraq - Making The Death Of Thousands Of American Troops Meaningless

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lthough the House Intelligence Committee said only last week Guantanamo Bay. The swap left lawmakers were told more than a them in the custody of Qatar. year ago about the growing power and strength of the al Qaeda-linked The Obama regime has repeatedly group of Sunni Islamic extremist contended that the country of insurgents (ISIS) now controlling Qatar has given assurances that the a vast swath of Iraq - territories for “terrorist dream team” would be kept which Americans have previously under tight wraps for a period of one traded a huge sum of blood and year. However, a senior Qatar official treasure - President Obama golfed, told Reuters in June that the terrorists dithered and partied like a rock star would “not be treated like prisoners The configuration of the roads was while the insurgency grew in power while staying in Qatar,” where Obama such that it was impossible for the and influence. agreed to release them. sergeant to return to the U.S. without Krauthammer Slams Obama’s p a s s i n g The recapture of major cities, Yet at least t h r o u g h including Tikrit, Fallujah and Mosul one of the ‘Dithering’: ‘The Tide of War is M e x i c a n has completely destabilized both Not Receding, America Is’ five Taliban customs. Still the country and the region resulting l e a d e r s looking for a in massive loss of life, multiple freed from place to rent atrocities, beheadings and a large Guantanamo in San Diego, increase in the price of oil. The Bay in return Tahmooressi American trained and equipped for Bergdahl’s had all his Iraqi military, far outnumbering the release has e a r t h l y insurgents, folded like a Girl Scout pledged to b e l o n gi n g s Troop facing off with the Hell’s return to fight in his truck Angels, leaving equipment and Americans in which arms for the extremists wishing to Afghanistan, according to a fellow included a couple of firearms. The carve out a new caliphate within the militant and a relative. firearms were a breach of Mexican boundaries of Iraq and Syria. law - even though he broke no U.S. “After arriving in Qatar, Noorullah laws and his entry into Mexico was ISIS now camps on the doorstep of Noori kept insisting he would go clearly accidental. Sgt. Tahmooressi Baghdad. to Afghanistan and fight American now faces 21 years behind bars. forces there,” a Taliban commander Our president who prefers to “lead told NBC News via telephone from Somehow, between golf and from behind,” has done absolutely Afghanistan. One can assume the hosting celebrity dinners, President nothing to date. Well, he is other released Taliban feel similarly. Obama has not seen fit to intervene “considering our options,” - and the in this clear case of an American hero golf club for his next swing... The swap has since become in jeopardy. See Obama Screw-Ups Page 42 a political boondoggle for the 38

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LOOKING AHEAD

and Means Committee: “All the emails we have will be provided. I did not say I would provide you emails that disappeared. If you have a magical way for me to do that, I’d be happy to know about it,” he said. [ http://www. cnn.com/2014/06/24/politics/irscommissioner-john-koskinen/ ]

Employers want to offer health insurance to their employees and want to continue to grow and create jobs. However, the employer Denying that the m a n d a t e IRS did anything t h r e a t e n s wrong in FREE to penalize losing all those CLASSIFIEDS! businesses for emails for six failing to offer HELP WANTED — POSITION IRS employees, affordable WANTED 4 — SALE ITEMS all connected c ove r a g e, to Lois Lerner CLICK HERE! when—more and her lost than ever— emails (and people need jobs and employers in not reporting the loss when need help growing and should it happened to the NARA, be encouraged to hire more National Archives and Records employees. This law does the Administration broke the law), opposite at a dangerous time.” [ specifically during the time that https://www.uschamber.com/ the conservative groups were health-reform/employer-mandate being singled out for “special ] treatment” just before the 2012 Anyone who wonders why the General Elections that saw Mr. Congressional Democrats who are Obama win a second term - and running for reelection in this year’s the list of scandals facing this Midterms are avoiding Mr. Obama Administration just continues to and his Obamacare, need not look grow. far to see why. On the docket: Obamacare, Benghazi, the negotiated trade for one apparent US Army Deserter for Five High Level Taliban Terrorists, the Veterans Administration (VA) scandal, which just gets worse every day, the IRS scandal in which the IRS Chief, John Koskinen, arrogantly telling the House Government Reform and Oversight Committee, and the House Ways www.underwritersinsider.com

A cynic might refer to this as the “Scandal of the Month Club”. It is really too bad that America’s attention is being drawn away from the continuing Trainwreck that is Obamacare, because when this train comes off more tracks at an ever increasing speed, the American Public won’t know what hit them. They will soon find out.

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OBAMA SECRETLY VIDEO TAPED WHILE WORKING OUT IN WARSAW GYM Frankly, it’s damn funny but embarrassing. Our President works out like a little girl...

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

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FLORIDA APPROVES GREAT OPPORTUNITY? 15K CITIZENS You leave in the first year HO TAKEOUT Continued from Page 23

- or even in the first five years and you will never see those commissions, but the company or agency will be pocketing or retaining those commissions regardless. Not a bad deal for them. The attrition rate in the life & health insurance business is well known: often worse than 90% in the first year. It’s a great opportunity for the company/agency - but unless you are one of the fortunate few - able to fund your losses for the first year - and willing philosophically to pay-out-of-pocket what normally would be employer expenses - it may not be such a great opportunity for you. Perhaps the life & health industry should tighten up their recruiting standards to where they bring on ONLY those folks they truly believe will succeed - and then cover their usual and customary expenses like every other industry. If the opportunity is so terrific - prove it. — The Advisor 40

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he Florida Office of Insurance Regulation (Office) has approved the removal of up to 15,000 multiperil personal residential policies from Citizens Property Insurance Corporation to Heritage Property & Casualty Insurance Company. This is part of the state’s ongoing effort to reduce the number of policies in state-backed Citizens and transfer them into the private insurance market. Heritage has requested to remove 13,178 policies from Citizen’s Personal Lines Account (non-coastal properties) and 1,822 from the Coastal Account (coastal properties) for the August 19, 2014 take-out period.

TREY GOWDY FLAT OWNS IRS COMMISSIONER DURING IRS SCANDAL HEARINGS Watch The Video:

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KIM KOMANDO The Selfie

The only person who wants three selfies a day of you is your mom. We already know what you look like; show us what you’re looking at. Even better, put down the camera and just enjoy the scenery.

Even More Sins To Squash I’ve got plenty of great tech manners advice that you really need to follow. Click here to read my 10 Commandments for Mobile Manners or print out the poster to hang up in your home or office. Be sure to share this list with your family, friends or any other tech users you know so we can make the tech world a better place.

Copyright 2014, WestStar MultiMedia Entertainment. All rights reserved. On the Kim Komando Show, the nation’s largest weekend radio talk show, Kim takes calls and dispenses advice on today’s digital lifestyle, from smartphones and tablets to online privacy and data hacks. For her daily tips, newsletters and more, visit her website at www.komando.com. The Underwriter’s Insider


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ZALMA motor carrier may operate only if registered to do so. The MCS-90 endorsement is intended to impose a surety obligation on the motor carrier’s insurer. The MCS-90 provides a broad guaranty that the insurer will pay certain judgments regardless of whether the motor vehicle involved is specifically described in the policy or whether the loss was otherwise excluded by the terms of the policy. The great weight of authority throughout the country is that the analysis must consider whether the vehicle was presently engaged in the transportation of property in interstate commerce. The weight of authority supports the conclusion that the MCS-90 does not cover vehicles when they are not presently transporting property in interstate commerce. An insurer’s obligation to pay a judgment recovered against its insured pursuant to an MCS-90 endorsement is triggered only when two elements are satisfied when: (1) the underlying insurance policy to which the endorsement is attached does not otherwise provide coverage, and (2) either no other insurer is available to satisfy the judgment against the motor carrier, or the motor carrier’s insurance coverage is insufficient to satisfy the federally-prescribed www.underwritersinsider.com

minimum levels responsibility.

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Under these circumstances, where the insured effectively was The sole issue before the appellate undertaking a personal errand, the court was whether there is a appellate court could not construe disputed issue of material fact that Tony’s to have been operating its the truck was operating as a for-hire vehicle “for-hire” at the time the motor carrier transporting property collision occurred. in interstate commerce at the time of the collision. The appellate court The MCS-90 endorsement was agreed with Empire that the court intended to ensure that the public improperly found that Tony’s was be adequately protected when operating the vehicle “for-hire” at a licensed carrier uses a vehicle the time of the accident. To be to transport goods. However, considered a “for-hire carriage,” the the purpose of the MCS-90 insured had to be in the “business endorsement is to protect the of transporting, for compensation, public from negligent motor the goods or property of another” carriers while they are engaged in at the time of the accident. the transportation of property, forhire, in interstate commerce. Tony’s The appellate court concluded that was not operating for-hire at the in the present case the trial court time the accident occurred, and, correctly noted that undisputed therefore, this is not an instance evidence indicated Tony’s employee was being compensated to transport the motor vehicle See Zalma Pg 42 parts. There is no dispute, however, that Tony’s, as the actual insured, was not being compensated for the transport of the motor vehicle parts. That is, the insured, through its employee, was transporting its own property, for its own benefit, without being compensated by any third party. Tony’s was neither transporting goods for the general public, nor was it transporting goods in fulfillment of a contract at the time the collision occurred. Empire’s insured, through its employee, simply retrieved motor vehicle parts in Hamden, to be delivered to New Haven, where they ultimately were to be used for repairing other vehicles owned by the insured. 41


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ZALMA in which Congress intended that the MCS-90 endorsement provide coverage.

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OBAMA SCREW-UPS

When President Obama drew a Congress and the appropriate red line in Syria last year, making a regulatory agencies could broaden commitment for action if the Syrian and clarify the relevant language regime used chemical weapons now in place to provide coverage against the rebels, he put the in factual scenarios similar to the credibility of the U.S. on that line: one in this matter, it did not. “We have been very clear to the Assad regime, but also to other In light of our conclusion that players on the ground, that a the truck in question was not red line for us is we start seeing operating for-hire when the a whole bunch of chemical collision occurred, the MCS-90 weapons moving around or being endorsement attached to the utilized. That would change my policy was not triggered and calculus. That would change my Empire, as a matter of law and in equation.” the absence of any genuine issue of material fact, was not required to pay the judgment rendered against its insured.

The weakness and paralysis of U.S. foreign policy contained in Kerry’s statement and U.S. inaction established a massive power vacuum in the middle east - a vacuum that Iran, Russia the Islamic insurgents are happily filling. We now hear talk that Iran and Iraq are buddying up to defend Baghdad and drive back the insurgency. We hear that Russia is bringing in SU25 ground attack fighter planes in support of the Iraqi government. Yet President Obama dithers and ponders and golfs as we lose more and more geopolitical influence and as the world becomes daily a more and more dangerous place. American taxpayers spent over $1 trillion to secure and stabilize Iraq - keeping it from being a staging area for more terrorism directed to the West. Thousand of American families lost loved ones and 100’s of thousands of brave American soldiers will live with grave injuries suffered in that conflict for the rest of their lives. One can only imagine the pain, resentment and betrayal theses folks feel as they watch the news coverage that may make their great sacrifice meaningless.

Yet when the Syrian government clearly crossed that red line using chemical weapons on its own civilians, the U.S. did nothing ZALMA OPINION other than a cute little side shuffle where Secretary of State John Ms. Martinez is not without a Kerry infamously explained, while remedy. She can execute her keeping a perfectly straight face, judgment against the assets of our inaction by claiming it was not Tony’s. She cannot recover from Obama’s red line - it was “about Empire because the risk of loss the world’s red line. It’s about that resulted in the injury causing humanity’s red line. And it’s a red Yet our community-organizer event was not a risk that was taken line that anyone with a conscience president, a man who undeniably by Empire. Had Tony’s not removed ought to draw.” sees this country as the problem, the vehicle from coverage it would rather than the solution, sits smugly have existed at the time of the So the big threat to Syria’s tyrannical ensconced in the Oval Office, utterly accident. It did not and since the regime if they used chemical confident that the world is a better accident happened in the course weapons was that we would all be place because of his diminishment of a personal errand there was offended? That we were somehow of America. no coverage under the MCS-90 all drawing a little red line in our - Editor endorsement. conscience? 42

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