The Underwriter's Insider 2012 Issue 9 by The Underwriter's Insider

Features News 5

Advertising

Kim Komando

Failure to Follow Bond Conditions Expensive to Claimant - by Barry Zalma

Inside Track

We’ve Heard It All Before... Obama’s Campaign is a Re-Tread.

Marketplace

$2.2 Million Bugatti Hits the Drink - Insuror Cries Foul!

Insider Advisor

Florida Announces Citizens Rate Filings - Up 10.8% on Homeowners

Classifieds

Why I Don’t Like The Obamas - by Guest Columnist Mychal S. Massie

Say What?

Foreign Lottery Scams - The Original Sucker Bet

Back Issues

Romney vs Obama Business Comparision - Facts You Need to See

Americans Overwhelmingly Say Lawsuit Abuse is a Problem

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The Underwriter’s Insider

News 22 23 24

Virginia Independent Agent Charged With 13 Counts of Mail Fraud FLA PIP Rates Continue to Climb - In Spite of Reform

Tennessee Insurors Weighing Shift in Roofing Policies Towards ACV

Florida Announces More Arrests in Massive Worker’s Comp Fraud

Alleged Fraudulent Apps Lead to Arrest of N.C. Aflac Agent

Sponsors 4 6 7 8 11 12 15 16 17

The Agency Advantage Modern Insurance Consultants Florida Insuance School Broadway Premium Funding Broadway Premium Funding FYI Georgia View & News St. James Insurance Company Aggressive Insurance United Automobile Ins Company

Aflac Agent Arrested and Charged With Embezzling

N.C. Agent Charged With Embezzlement and Forgery

N.C. Homeowner’s Insurors Request 17.7% Rate Hike

Orrin R. Beilly, Esq.

Why There Is Not More Geogia Insurance News In The Insider...

Kingsway - Amigo

GIAA Fall Conference 2012! Check Out The Details and Plan to Attend

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18 24 25

36 37

NASA - Eclipse Agency Mgt. Accu-Auto Encore HR Personnel Solutions

Barry Zalma The Towing & Rental Group

Cover Photo: © R. Manera

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AMERICANS OVERWHELMINGLY SAY LAWSUIT ABUSE IS A PROBLEM

HICAGO – A new survey released by the American Tort Reform Association provides clear evidence that Americans understand that lawsuit abuse hurts the nation’s economy and they would like to see reform, according to the Property Casualty Insurers Association of America (PCI). “Lawsuit reform is a key component of restoring job growth in America and ATRA’s survey showed that 83 percent of American voters believe the liability lawsuit system needs to be improved,” said David Golden, senior director of commercial lines for PCI. “The American people get it - lawsuit abuse is a problem, www.underwritersinsider.com

and it has a negative impact on the economy and jobs. In these challenging economic times, the last thing the country needs is to be saddled with an unfair civil justice system that makes it even harder to generate new jobs, attract new companies, keep doctors practicing in certain states, or make insurance more affordable.” ATRA’s national telephone survey, conducted in mid-July, found that 73 percent of registered voters are more likely to support a candidate who advocates lawsuit-reducing liability reforms. Additionally, 72 percent agree “Our liability lawsuit system negatively impacts the

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United States' ability to compete in the world as it raises the cost of doing business and limits investment in jobs here.” “These numbers show strong support reforming this unfair system which contributes significantly to lost jobs, lower tax revenues and higher costs for consumers,” said Golden. “PCI and business community allies are committed to making lawsuit reform a priority as the nation works to get the economy on track. We are committed to supporting meaningful reforms that are essential for economic growth that benefits consumers and produces a healthy, robust business environment.” 7

CONTENTS 2012 • Issue 9

A Publication of AdMax Media Corp Corporate Offices P.O. Box 31551 P. Beach Gardens, FL 33420

Ron Manera Editor/Publisher

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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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PCS VS. MACS

With A Surprising Clear Winner! by Kim Komando

ince the 1990s, hardcore PC and Mac users have been waging an epic food fight over which system is better. In the old days, PC users poked fun at the underpowered processors and buggy software that Mac users had to endure. Mac users needed only to counter with “Windows 98.” Today, the argument is more philosophical: who’s good, who’s evil, who’s more brainwashed. No side is ever going to win this war, of course, and the rhetoric does little to actually help an average user decide on a new computer and get some work done. T h a t ’ s u n fo r t u n a t e , because in many ways this is

shaping up to be a golden year for buying computers. Ultrabooks (the PC world’s answer to the MacBook Air) are getting better all the time. Models such as the Asus Zenbook and Dell XPS are a credit to the breed. Laptops and desktops are being outfitted with the latest Intel Ivy Bridge chips. And Windows 8, due to ship Oct. 26, promises to turn PC computing on its head. In the other corner, Apple just turbocharged the MacBook Air and MacBook Pro with Ivy Bridge processors. The flagship 15-inch MacBook Pro also received a retina display, previously available only on the latest generation iPad. iMacs should get a makeover soon. Just think how much more exciting your new iMac would be if it included a retina display. It could happen. B

u t those a r e

minor skirmishes. Let’s take a fresh look at PC vs. Mac and see who’s winning the battle (if not the war) in key categories. Depending on your needs, it might help you make a decision.

Price Winner: PC

Some of the highly engineered Ultrabooks have finally caught up to or surpassed the $1,000 entry level MacBook Air. But most PC users can buy a perfectly good laptop or desktop for around $500. If you walk into an Apple Store with $500, you’re still $100 shy of a Mac mini.

Design Winner: Mac

Many devotees appreciate that Apple spends years sweating design details. If you want a space-saving all-in-one desktop - and actually want to look at it all day - the iMac is the only choice. However, demanding design pros also know that the inside of an iMac can handle the most intensive tasks. You won’t find many staunch PC advocates defending their laptop trackpads against MacBook users. On-the-go PC warriors learned a long time ago to pack a mouse.

OS Winner: Tie game

Both OS X and Windows become second nature for users with a little experience.

See Kim Komando Pg 37 www.underwritersinsider.com

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FAILURE TO STRICTLY FOLLOW PAYMENT BOND CONDITIONS COSTS CLAIMANT The Letter – Not Spirit – of Law Must Be Applied By Barry Zalma, Esq.

urety is a type of insurance where the surety agrees to step into the shoes of a contractor to guarantee payments to subcontractors and materialmen for any work done pursuant to the general contract. It is a contract usually controlled by statute that, because of the intricacies of a general construction contract, the terms and conditions of the Surety agreement are usually strictly construed. In Minnesota, a surety, Westfield Insurance Company (Westfield), challenged the trial court’s denial of summary judgment to Westfield and grant of summary judgment to respondent subcontractor on respondent’s payment-bond claim in Safety Signs, LLC v. Niles-Wiese Construction Co., Inc, No. A120370 (Minn.App. 09/17/2012).

FACTS

notice of payment-bond claim (notice) to Niles-Wiese and Westfield by certified mail. Safety Signs sent the notice to NilesWiese’s primary business address rather than the address listed on the payment bond, as required by the Minnesota statutes. Despite this failure to comply with the statute, both Niles-Wiese and Westfield acknowledged receipt of the notice, and Niles-Wiese paid the requested amount.

the city – requires Westfield to pay subcontractors and materialmen for any work done pursuant to the general contract for which NilesWiese does not pay.

The City of Owatonna hired NilesWiese Construction Company After Westfield issued the payment as the general contractor for the bond, Niles-Wiese entered into a construction of an airport runway and subcontract with taxiway. Pursuant respondent Safety to Minnesota Join Barry Zalma’s new Blog: Signs, LLC to perform law Niles-Wiese http://www.zalma.com/blog traffic-control and obtained a pavement-marking payment bond work on the airport project. In from Westfield. The payment bond February 2009, Safety Signs sent a – a contract between Westfield and 10

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On January 7, 2010, Safety Signs sent notice of another paymentbond claim to Niles-Wiese and Westfield by certified mail. As it did in February 2009, Safety Signs sent notice to Niles-Wiese’s primary business address. This time, the notice was returned as undeliverable. Westfield received its notice on January 11, 2010, and acknowledged receipt thereof. Although it was undisputed that Safety Signs satisfactorily completed its work and Niles-Wiese failed to pay, Westfield refused to pay the claim. Safety Signs commenced this action seeking to recover the amount due under the subcontract plus interest. Westfield moved for summary judgment, asserting that the See Zalma Pg 33 The Underwriter’s Insider

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“WE’VE HEARD IT ALL BEFORE”

The President Trots Out Indentical Hope and Change Promises Used in 2008

n an eerie and frankly humorus comparison of campaign speeches taken from 2008 and 2012, one would almost think President Obama was using teleprompters left over from the last election while campaigning for this one. Is someone pulling a string in his back like the old Chatty Cathy dolls? If you believe the Obama campaign is mostly a lot of hot air, this video will not change your mind. It’s the same tired rhetoric of glorious promises not a single one of which have come true in the nearly four years since Barack Obama has taken office. It cannot be denied that President Obama won his office, in large part, on mesmorizing platitutes. “Hope and Change!” “Change You Can Believe In!” “We Rise and Fall as One Nation!” and “Yes We Can!”

Many voters now see these promises as empty words as unemployment remains at record highs, as our national debt increased to $16 trillion, our credit rating lowered twice, as we’ve outsourced our space program to the Russians and watched the results of Obama’s foriegn policy in the Mid-East as our ambassador to Libya is

murdered and twenty countries erupt in anti-American violance. Click on the video image above to view.

BUGATTI VEYRON $2.2 MILLION INSURANCE FRAUD CASE SET FOR TRAIL

heck this viral video! It’s now at the center of litagation between the insurance company and the owner, Andy House.

was intentional to collect $2.2 million in insurance - and filed suit to prove it. Click on Video Image to Watch!

House claims he dropped his phone and accidentally drove the world’s fastest production car into the saltwater bay near Galveston, TX. The insuror is claiming that the crash 12

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The Underwriter’s Insider

FLORIDA ANNOUNCES DECISION ON CITIZENS RATE FILINGS FOR HOMEOWNERS’’AND DWELLING FIRE INSURANCE

ALLAHASSEE, Fla. – The Florida Office of Insurance Regulation (Office) issued an Order establishing homeowners’ and dwelling fire rates yesterday for Citizens Property Insurance Corporation (Citizens). The effective dates for the new rates on both the homeowners’ and dwelling fire policies are January 1, 2013 for new and renewal multiperil business, and February 1, 2013 for new and renewal wind-only business.

supported Insurance McCarty.

rates.,” stated Florida Commissioner Kevin

The rates established by this order reflect a cost-savings of 54.7 percent in sinkhole rates as a result of Senate Bill 408 and an independent study commissioned by Citizens. The Office reached its decision following a 45-day deliberative

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“I would like to express my gratitude to all those who provided input for the Citizens rate filing, especially as we considered the impact of proposed substantial rate increases for specific areas within the state. The final rates indicate a more reasonable approach toward moving a significant portion of Florida’s demographic to actuariallywww.underwritersinsider.com

process, including a public hearing conducted on September 20, 2012 in Miami, Florida. This hearing allowed Citizens to present additional information, and featured feedback from the Office of the Insurance Consumer Advocate, legislative representatives, Citizens’ policyholders, and the public.

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WHY I DO NOT LIKE THE OBAMAS By Mychal S. Massie, Guest Columist - who has written 455 posts on The Daily Rant: Black Conservative Mychal Massie’s Hard Hitting Commentary on Race, Obama and Politics. He has been a keynote speaker at colleges and universities nationwide, at Tea Party Rallies, at rallies supporting our troops and conservative presidents; and rally’s supporting conservative causes across the country. He is an unapologetic supporter of our right to own and carry firearms. Visit The Daily Rant Here: http://mychal-massie.com/premium/

the sanctity of the office he holds, and for those who are willing to admit same Michelle Obama’s raw contempt for white America is transpicuous.

ychal S. Massie is the former National Chairman of the conservative black think tank, Project 21-The National Leadership Network of Black Conservatives; and a member of its’ parent think tank, the National Center for Public Policy Research. In his official capacity with this free market public policy think tank he has spoken at the U.S. Capitol, CPAC, participated in numerous press conferences on Capitol Hill, the National Press Club and has testified concerning property rights pursuant to the “Endangered Species Act” before the Chairman of the House Committee on Resources. With appearances on The Glenn Beck Show, Bill O’Reilly’s “The Factor”, Fox News, Fox Business Channel, CNN, CNBC, Philadelphia’s “Sunday Live”, C-SPAN’s “Washington Journal,” MSNBC, “It’s Your Call”, NPR, Judicial Watch, The Michael Reagan Show, New York’s Regional News Network, WWOR/TV9, BBC News, and Focus On the Family; Mychal is recognized as one of America’s most articulate and outspoken Black conservative voices. Read Mychal Massie’s complete Bio Here

I don’t like them because they comport themselves as emperor and he other evening on my empress. I expect, twitter, a person asked me no I demand respect why I didn’t like the Obama’s? for the Office of Specifically I was asked: “I have to President and a ask, why do you hate the Obama’s? It love of our country seems personal not policy related. You and her citizenry even dissed their Christmas family pic.” from the leader The truth is I do not like the Obamas, entrusted with the what they represent, their ideology, governance of same. and I certainly do not like his policies President and Mrs. Reagan displayed an and legislation. unparalleled love for I’ve made no secret of my contempt the country and her for the Obamas. As I responded people. The Reagans to the person who asked me the made Americans feel aforementioned question, I don’t like good about themselves and about them because they are committed what we could accomplish. Could you to the fundamental change of my/ envision President Reagan instructing our country into what can only be his Justice Department to act like jackbooted thugs? regarded as a Communist state.

I don’t hate them per definition, but I condemn them because they are the worst kind of racialists, they are elitist Leninists with contempt for traditional America. They display disrespect for 14

Presidents are politicians and all politicians are known and pretty much expected to manipulate the truth, if not outright lie, but even using that low standard, the Obama’s have taken

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lies, dishonesty, deceit, mendacity, subterfuge and obfuscation to new depths. They are verbally abusive to the citizenry and they display an animus for civility. I do not like them, because they both display bigotry overtly, as in the case of Harvard Professor Louis Gates, when he accused the Cambridge Police of acting stupidly, and her code speak pursuant to now being able too be proud of America. I view that The Underwriter’s Insider

statement and that mindset as an insult to those who died to provide a country where a Kenyan, his illegal alien relatives, and his alleged progeny, could come and not only live freely, but rise to the highest, most powerful, position in the world. Michelle Obama is free to hate and disparage whites, because Americans of every description paid with their blood to ensure her right to do same. I have a saying, that “the only reason a person hides things, is because they have something to hide.” No president in history has spent over a million dollars to keep his records and his past www.underwritersinsider.com

sealed. And what the two of them have shared has been proved to be lies. He lied about when and how they met, he lied about his mother’s death and problems with insurance, Michelle lied to a crowd pursuant to nearly $500,000 bank stocks they inherited from his family. He has lied about his father’s military service, about the civil rights movement, ad nauseum. He lied to the world about the Supreme Court in a State of the Union address. He berated and publicly insulted a sitting Congressman. He has surrounded himself with the most rabidly, radical, socialist academicians

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today. He has fought for abortion procedures and opposed rulings that protected women and children, that even Planned Parenthood did not seek to support. He is openly hostile to business and aggressively hostile to Israel. His wife treats being the First Lady, as her personal American Express Black Card (arguably the most prestigious credit card in the world). I condemn them because, as people are suffering, losing their homes, their jobs, their retirements, he and his family are arrogantly showing off their life of entitlement – as he goes about creating and fomenting class warfare.

See Why I Do Not Like The Obamas Page 32

FOREIGN LOTTERY SCAMS: YOU CAN’T WIN A CONTEST YOU DIDN’T ENTER

ashville, TN – “Congratulations! You are our $100 million sweepstakes winner!” Sound familiar? Scams like this circulate daily. Their goal is to get your money or personal information. Whether you receive notification via telephone, e-mail or direct mail telling you that you have won foreign lotteries from Canada or from as far away as Europe, you are asked to reply with personal information in order to receive the winnings. Scammers take that information and you never get the lottery money – which never existed. These scammers also might tell you that you have to pay to cover taxes and service charges, asking you to wire money in order to receive your prize.

If you receive a notification that you have won a lottery, remember that:

public location or event, through a publication or online, might subject you to unscrupulous prize promotion tactics. You also run the risk of your personal information being sold or • Sponsors of legitimate contests shared with other marketers. identify themselves prominently. • Some contest promoters use a toll• It’s highly unlikely that you’ve won a free, “800” number that directs you big prize if your notification was mailed to dial a pay-per-call “900” number. by bulk rate. Check the postmark on Charges for calls to “900” numbers may be very high. the envelope or postcard. require you to pay “taxes” or “shipping and handling charges” to get your prize. If you have to pay for your prize, ignore the notification.

• If you didn’t enter the contest or • Disreputable companies sometimes lottery, it’s most likely a scam. use a variation of an official or nationally recognized name to try to win your • Legitimate sweepstakes don’t confidence in their offers. require you to pay or buy anything to • Signing up for a sweepstakes at a improve your chances of winning, or 16

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he U.S. national debt surpassed $16 trillion in September - that’s $53,333 each - for every man woman and child in America. Every family of five now owns more than a quarter of a million dollars in national debt. The debt has increased approximately $6 trillion under the Obama administration - with another trillion budget deficit on the table for next year...

ccording to HealthCentral.com, “A study has linked vitamin D deficiency with an increased risk for cancer and autoimmune diseases, such as rheumatoid arthritis MS, and lupus. Researchers found, through mapping vitamin D receptor binding throughout the human genome, that vitamin D deficiency is a major environmental factor in increasing the risk of developing these disorders.”

Florida appeals court has asked the state to revisit a Florida law requiring the prevailing party to pay the winner’s costs in workers comp claims. In the case of Frederick v Monroe County School Board, the court stated “the statute imposes a chilling effect on future employees with meritorious claims.”

itigation resulting from the recent Facebook IPO is mounting. A federal judge in NY will centralize dozens of cases to figure out who botched what. The IPO was a debacle, in the minds of many, and Facebook’s stock price has fallen dramatically since the offering. resulting in billions of dollars in lost value.

n 2010, 32,885 people died in motor vehicle crashes. The

Institute publishes statistical facts about the motor vehicle safety picture in 2010, the most recent year for which fatality data are available. Fatality Facts are updated once a year, when the U.S. Department of Transportation releases data from the Fatality Analysis Reporting System (FARS). Archive data for 2005-09 also are available. Source: IIHS.org

CCI Holdings, Inc. advised Florida regulators that current workers comp rates are “inadequate.” The ratings and research organization has submitted a rate increase of 6.1% increase on goods and services companies and 7.4% on contractors to take effect on January 1, 2013 if approved. The organization blamed the increase on drug repackaging and claim frequency.

usinessinsurance.com reported “Torrential rainfall and flooding in Asia during September caused more than $7.5 billion in economic damages, according to a new report released Thursday by Aon Benfield.

referred Concepts, LLC, www. preferredconcepts.com, a leading national insurance program underwriter and specialty broker, has entered into a definitive agreement to acquire the assets of Metro Insurance Services. Metro is a national program administrator focusing on package coverage for multi-family residential properties including apartments and condominium associations. Metro founder and CEO, Steven Gross, will join the Preferred Concepts leadership team as Senior Executive Vice President, Chief Program Officer. The acquisition of Metro enhances Preferred’s real estate offerings which include umbrella, general liability and property programs as well as specialty brokerage services.

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The Underwriter’s Insider

he cost of forced place insurance is under review in many venues, including Florida and Minnesota. The Minnesota Star Tribune reported, “Mortgage lenders typically receive a commission from carriers when they push their clients into force-placed coverage. Those commissions and other payments are big business for banks. For example, JP Morgan Chase -- one of the nation’s biggest mortgage lenders -- disclosed in May that it earned $663 million in the past five years by charging commissions of up to 20 percent on each policy and splitting profits with its insurer. “These [banks] are making more money by keeping things in foreclosure rather than trying to fix things,” said Kristin Siegesmund, head of the consumer unit at Mid-Minnesota Legal Assistance.”

he Insurance Institute for Highway Safety reported that The Lexus ES, a midsize luxury car; the Hyundai Santa Fe, a midsize SUV; and the Subaru XV Crosstrek and Dodge Dart, both small cars, earn the Institute’s top award for good performance in moderate overlap frontal, side, rollover and rear impact evaluations.

ROMISE Technology Inc., a leader in providing high-performance storage solutions for the rich media market and the leader in designing cutting-edge Thunderbolt™ enabled devices, today announced the immediate availability of the Pegasus J2, the world’s smallest and fastest ultra-portable Thunderbolt storage device. Powered in AC mode the J2 will be able to achieve a blistering 750MB/s in a device the size of a smartphone. Pegasus J2 brings an unparalleled level of performance in a small form factor to the market enabling both consumers, data specialists and media professionals to manage the explosion of unstructured www.underwritersinsider.com

data and digital assets critical to their creative or corporate projects.

roperty & Casualty 360 reports that “After suffering some unexpectedly substantial losses, P&C standard-lines insurance carriers have waning appetites for such types of risk as Catastrophe Exposed Property and Product Liability— shifting, as a result, some of these and other exposures to the E&S market.”

ccording to Richard Kerr, CEO of MarketScout, “High net worth homeowners rates were a bit more competitive in September with a rate increase averaging plus 2 percent as compared to plus 3 percent the prior month. Automobile rates were up slightly.”

arketScout’s CEO, Richard Kerr, noted, “The more premium a buyer pays, the more competitive the rates. Smaller and middle market accounts ($0 to $250,000 in premium) paid an average rate increase of 6 percent in September. Large accounts ($250,000 to $1,000,000) paid a rate increase of 4 percent and jumbo accounts (over $1,000,000) paid only a 3 percent rate increase.” Commercial property rates adjusted down from plus 7 to plus 6 percent.

pparently thinking it’s something to be bragging about, V-P Joe (Gaffe Machine) Biden recently confirmed, [they say] “‘Obama and Biden want to raise taxes by a trillion dollars.’ Guess what? Yes, we do in one regard: We want to let that trillion dollar tax cut expire so the middle class doesn’t have to bear the burden of all that money going to the super-wealthy. That’s not a tax raise. That’s called fairness where I come from.” Yeah Joe - the top 1% paying 40% of the tax burden - need to pay more. How fair can you get?

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ccording to a recent PEW Research poll, “Support for a government social safety net declined in 2009 and has continued to decrease since then. Support for government programs to aid the poor now nears the 25-year lows seen in 1994. Today, just 43% agree that the government should help more needy people, even if it means going deeper in debt, down from 48% in 2009 and 54% in 2007. Similarly, although a majority (59%) says that it falls to the government to take care of those who cannot care for themselves, this is down 10 points from 2007.”

roperty & Casualty 360 recently reported that “Prescription opioids are a major reason for the skyrocketing cost of Workers’ Compensation insurance, as evidence points to harmful consequences from the long-term use of the medication, says a report from insurance broker Lockton.”

rior to the first presidential debate, PEW Research reported that 51% of likely voters expected that Barack Obama would do a better job than Romney. As it turned out, Romney walked away a decisive winner. Even Democrats found he won the debate by a substantial margin. The President seemed detached, unengaged and uninspiring - and frankly confused without his teleprompters.

ermanent General and its subsidiaries was acquired by American Family Insurance for $239 million. American Family will allow the PGC brand to remain intact. Remaining onboard, PGC’s CEO, Randy Parker and other top execs. Capital Z Partners, a New York-based private equity firm is currently the majority owners of PGC. American Family products will not be available to independent agents now selling the Permanent General line. 19

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ational Ins Underwriting - Limits $300K to $2M - Premiums starting at $1400 with low ded. Available most states. Discounts for loss-free experience and losscontrol efforst. Call Craig Calver - 800-3382680 X 507.

Aviation

viation Products & Liability Insurance from Arlington/Roe & Company - MGA - representing mulitple markets. Contact: 800.878.9891 X 2401. Cfrench@ arlingtonroe.com [11-6]

Chemical Mfg & Distribution Risks

uel additives, Industrial gases, paints, varnishes, lacquers, enamels, solvents, adhesives, sealants and a multitude of other chemical manufacturing and distribution risks. Min Prem $20,000 and other underwriting criteria. See Sloan Mason: Contact Grant Kanamori @ 619-814-2488 or grant@sloanmason.com. [11-7]

Collectables

merican Collectors announces updated specialty coverage for valued collections. The company claims coverage available for almost any type of collection with multiple coverage options. www.AmericanCollectors.com/Agents (800) 620-5052 12-7

Commercial Auto

ational Ins Underwriting - Light, medium & heavy up to 66,000 lbs. up to 500 mile radius, Up to $1M CSL or $1/$2M split, Phys Dam up to $100K - Med Pay, Hired and NOL. Contact: Call Craig Calver - 800338-2680 X 508.

ingsway/Amigo Competitve commercial auto program. Any size fleet, - all types of cars, light trucks and vans - specialty services, like landscaping, electrical, plumbing, lunch trucks and other various occupations. info@ kinswayamigo.com

Condo Assoc Program

rident is offering tailored coverage designed for condominium town home and single-family community associations claiming competitive rates and terms. Coverages available include property, including flood, earthquake and coastal windstorm, general liability, D&O, umbrella, worker’s comp, auto, crime and property mgrs E&O. Trident Community Association Program - 5100 N. O’Connor Blvd, #200, Irving, Texas 75039 or email to csmktgprograms@argogroupus.com 877590-0775 [11-6]

Contractors

eavy construction risks including steel erection contractors, concrete contractors, roofing contractors, bridge, street & road contractors, etc. Norman Spencer - Contact Brian Harrold p: 937.432.1469 brianharrold@normanspencer.com [11-7]

Contractor’s Pollution

ost contractors - including those with mold exposures and cleanup contractors. Program includes CPL - Occurrence or Claims Made form - mold coverage available - Annual & Per Project policies. Highly competitive rates claimed. All Risks, Ltd - Lou Ann Cook - 800-3665810 X 3030 email: nspflyer@allrisks.com [12-4]

Convenience Store

rgo Insurance announces expanded program and competitive rates for convenience store accounts. Company is looking for stores open until 11PM, fuel sales up to 90%, alcohol sales up to 30% with no fuel hauling exposure. Not available in Florida at this time. Email csmktgprograms@argogroupus.com 877590-0775 [11-6]

Design & Construction Industry

rchitects, engineers & surveyors, construction managers, contractors, environmental consultants, landscape architects, specialty construction consultants. Contact Jeff Grigsby 877.453.2071 - JeffG@schinnerer.com [116]

Energy & Utility Risks

il & Gas Companies, pipeline operations, utilities, HVAC contractors and water & sewer contractors. Contact Victor O. Schinner & Co., Inc. Jeff Grigsby - 877-453-2071 or jeffg@ schinnerer.com [12-1]

ropane Dealers - PowerWrap is an endorsed insurance program offering specialized, full spectrum coverage. Contact Alteris: 877-590-0775 [12-1]

Entertainment & Sports

&K Insurance claims “over 75 programs available on admitted paper with no prior approval or appointment needed to submit applications for quotation. “ The MGA can be reached at 800-637-4757 or www. kandkinsurance.com. [11-6]

Group Homes

roup Homes Programs for such risks as Hospice, Agencies for Aging, Homeless Shelters, Rehab Facilities, Adult Day-Care Facilities, etc. Comprehensive packages available - limits up to $1M/$3M - customize with many optional coverages. AFC Insurance - Toll Free: 877-456-5323

Hair & Beauty Insurance Program

ASS - Salon & Spa Specialty Insurance administered by Brownyard Group open to agents seeking access to program. 888-823-9380 or Email: sassi@brownyard. com [11-7]

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Health & Human Services

FC Insurance - Package programs or ala carte. Contact: 877-4565323 www.afcins.com submissions@ afcins.com [12-2]

Homeowners

Kidnap & Ransom

ational Ins Underwriting -Webbased quick quotes, most protection classes & zip-codes OK - $40K - $750K dwelling values with replacement cost available. No credit scoring. Renters policies available. Contact: Craig Calver - 800-338-2680 X 508.

cademic institutions, energy companies, engineering firms, hospitals and healthcare, houses of worship, manufacturing firms, etc. Contact Victor O. Schinner & Co., Inc. Jeff Grigsby - 877-453-2071 or jeffg@ schinnerer.com [12-1]

Life Agent E&O

ife agent E&O from Rockwood Programs. Coverage limits from $250K to $1 Million. Base rates from $400 to $550. Individual policies. Indentity theft included. No shared aggregates. Includes mutual fund placement. Call 877-242-2487 or email sales@rockwoodinsurance.com. [12-4]

Marine Risks Worker’s Comp & Longshore & Harbor Workers’ Comp

eaBright Insurance Company offers high quality workers’ compensation coverage for your clients who are small maritime employers and other marine-related businesses. SeaBright provides seamless cov All Risks, LTD 410-828-5810 rlang@allrisks. com or Appalachian Underwriters, Inc. – Oak Ridge, TN 865-425-1051 warren. palmer@appund.com or Peachtree Special Risk Brokers – Metairie, LA 504830-7347 jlasseigne@psrllc.co [11-7]

Marine, Recreational

orman Spencer announces availability of a market for multiple and vaious recreational marine risks including marinas, docks, boat rentals, boat mfgs, charters and more. Contact Corky Breeden at 937432-1631. 12-7

Have a P&C Product Announcement? Send your press release or one-paragraph announcement to ron@insurmedia.com

Martial Arts

&K Insurance announces expanded coverage & lower minimum premiums on martial arts coverage. General Aggregate Limit increased to $5M - Participants Med Pay to $150K. The MGA can be reached at 800-637-4757 or www. kandkinsurance.com. [11-6]

Ocean & Inland Marine

prdwode Facilties, Inc. Contractors doing: piers, docks, wharfs, bridges, breakwaters, cranes, dredging, etc. 6455 East Johns Crossing, Suite 115 Johns Creek, GA 30097 (678) 736-6720 • Facsimile: (678) 736-6726 - Carter, Kimberly - 678 736-6720, Ext. 1000 - kcarter@ wwfi.com [11-7]

Professional Liability

echnology & Cyber, Architects & Engineers, RE Agents, Insurance Agents E&O, Misc. Pro Liability - and more: Contact Atlantic Specialty Lines lorie@atlanticspecial.com 877545-9100 [12-1]

ictor O. Schinnerer - A-rated carriers -Real Estate Agents, Healthcare Consultants, General & Artisan Contractors, Architects, engineers & consultants, public entities such as school leaders and public officiials. Contact: 877-4532071 www.schinnerer.com jeffg@ schinnerer.com

Real Estate E&O

overage for open houses, mold, network risks and privacy claims are now part of Victor O. Schinnerer & Company’s Real Estate E&O policy. Schinnerer includes the three new coverages at no additional premium. Call to ck on your state: Starr Crusenberry Starr.N.Crusenberry@Schinnerer.com - 301-951-6904 [11-6]

Restaurant

rgo Insurance announces l o we r rates filed on restaurant c o ve r a g e including fo o d s p o i l a g e c o ve r a g e. Fu l l commission and no agency a p p o i n t m e n t n e c e s s a r y. Co m p a ny i s l o o k i n g fo r f a m i l y s t y l e, f a m i l y g r i l l s, c a s u a l s t y l e, f i n e d i n i n g a n d limited cooking restaurants such a s p i z z a a n d s u b s h o p s. Email csmktgprograms@argogroupus. com 877-590-0775 [11-6]

o r m a n S p e n c e r ’s R e a l E s t a t e Pr o g r a m - “o n e o f t h e m o s t c o m p r e h e n s i ve p o l i c i e s i n t h e m a r k e t w i t h h i g h l y c o m p e t i t i ve p r i c i n g” Co ve r a g e i s av a i l a b l e to risks whose ser vices include R e s i d e n t i a l a n d Co m m e r c i a l S a l e s, Le a s i n g, Pr o p e r t y M a n a g e m e n t , Real Estate Co n s u l t i n g, Au c t i o n e e r i n g, Mortgage B r o k e r i n g, B P O ’s a n d A p p r a i s a l, and Escrow Ser vices - Michael R yd e r m i c h a e l r yd e r @ n o r m a n s p e n c e r. c o m 800.477.9192 x204 [11-7]

Security Guard

r o w ny a r d Pr o g r a m s announces c o ve r a g e fo r security g u a r d s, claiming to insure 15 of the top 40 security g u a r d c o m p a n i e s i n t h e U. S . B r o w ny a r d Pr o g r a m s w w w. b r o w ny a r d p r o g r a m s. c o m or pvancott@brownyardprograms. com [12-4]

Tech Consultants E&O

odern Insurance Co n s u l t a n t s we b s i t e d e s i g n , s o f t w a r e d e ve l o p m e n t , d a t a b a s e a d m i n , we b h o s t i n g, software/hardware sales - and m o r e. I T c o n s u l t a n t s u p t o $ 1 5 M i n a n n u a l s a l e s. Co n t a c t A n d r e w Lawrie - 305-248-9495 X 9108 a l a w r i e @ m o d e r n i n s. c o m [ 1 2 - 2 ]

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ROMNEY VS OBAMA BUSINESS COMPARISON

he image of the billboard below, taken near Saugatuck, MI, was sent in by a reader. It’s a telling comparison.

Billions of dollars of taxpayer money disappeared into the maw of this administration’s financial adventurism - and even more concerning - every failed company was a significant donor has been to the Obama campaign - generating charges of “Billions of dollars corruption and crony capitalism. of taxpayer money

Candidate Romney often criticized in the ongoing presidential campaign for his disappeared into role of CEO at Bain If you want to the maw of this Capital - a company elect a jobadministration’s financial creator as your that invested in adventurism - and even many companies, next president, including startups this comparison more concerning - every and companies between the failed company was a in trouble. While candidates is significant donor to some companies notewor thy. the Obama campaign simply could not be Your choice is generating charges of saved, there were between a free some incredible market capitalist corruption and crony successes, many who has earned capitalism.” noted in the billions and billboard itself, helped to including Sport’s Authority, Dunkin’ create tens of thousands of jobs by Donuts and Staples. investing in marketplace winners or a community organizer academic The Obama record as Venture- with virtually no business experience Capitalist-in-Chief is pretty absymal who seems to be more concerned with few, if any, successes and a long about funneling taxpayer cash to his and embarrassing list of failures - most supporters and advancing his notof them involving his “green jobs” ready-for-prime-time “green” ideology ideology. than he is in creating real jobs.

VIRGINIA INDEPENDENT AGENT CHARGED WITH 13 COUNTS OF MAIL FRAUD

HARLOTTESVILLE, VIRGINIA -- A local insurance agent is facing a handful of federal charges related to fraud following the unsealing of an indictment returned by a Federal Grand Jury two weeks ago in the United States District Court for the Western District of Virginia in Charlottesville. Graham Hutson Messer, 32, of Bremo Bluff, Va., was charged in a sealed indictment returned September 12, 2012 and unsealed last week following the defendant’s arrest. Messer has been charged with 13 counts of mail fraud. According to the indictment, Messer operated as an independent agent offering insurance and insurance products for sale to clients in Virginia. Messer purported to sell insurance offered by a number of different insurance companies, including but not limited to: the Farmers Insurance group of companies, Chartis Inc., Nautilus Insurance Group, Granite State Insurance Company and Main

See Agent Charged Page 32 22

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The Underwriter’s Insider

FLORIDA PIP RATES CONTINUE TO CLIMB AFTER REFORM - OFFICE OF INSURANCE REGULATION MAKES CASE RATES WOULD HAVE BEEN HIGHER WITHOUT REFORM

ALLAHASSEE, Fla. – The Office McCarty. “It began when the Office The filing must reflect at least a 10 today announced that it conducted a PIP data call that identified percent reduction in rates, utilize has received over 100 filings a dramatic increase in PIP claims and reductions calculated by the actuarial by auto insurers operating in Florida PIP related lawsuits from 2006 to 2010. report commissioned by the Office as as required by HB 119, and expect With the support of the Governor and required by the Florida Legislature, or more to be received provide actuarial Company/GroupCompany Indicated by the end of today. justification as to During the 2012 why their savings PIP Change Without HB 119 Selected/Approved PIP Change Legislative Session, should vary from the Florida Legislature these measures. Florida Farm Bureau At least +45.0% +8.0% passed HB 119, Motor The vast majority MGA Ins. Co. (Renewal Only Program)+15.4%+3.9% Vehicle Personal of insurers have MGA Ins. Co. (Personal Auto Program)+16.1%+3.9% Injury Protection (PIP) waited until Agency Ins. Co.+60.9%+26.3% Insurance, aimed at the October 1 United Fire and Cas. Co.+7.2%-15.2% reducing fraud and deadline to file; Hartford Ins. Co. of the Midwest (Renewal Only – AARP)-4.7%-15.4% litigation costs for PIP eight filings Philadelphia Ind. Ins. Co. (Collector Program)N/A-10.0% coverage by revising have already United States Liability Ins. Co. (Antique Auto)N/ANew Program the medical fee been approved schedule, and limiting reflecting the healthcare professionals that may Florida Legislature, together we crafted savings from the bill: treat injured motorists and passengers language to address these cost drivers, eligible to make PIP claims. The bill also which resulted in the passage of HB 119 These eight filings may not be limits the amount of PIP benefits that to fight PIP fraud. Although it initially indicative of the numerous filings can be paid for appears the received nearer to October 1. Due to non-emergency savings will the complexity of the filings, and the treatment. The result in a fact that a majority of insurers have filings required mitigation of made complete auto insurance filings today are rate increases and combined their PIP coverage intended to reflect rather than with other areas of auto insurance that savings. actual rate (e.g., Uninsured Motorist, Bodily r e d u c t i o n s Injury, etc.), the Office is unable to “Today marks for most produce a complete list of all insurers the culmination c o m p a n i e s and all rate requests that have been of a long chain – it does filed at this time. The Office intends of events aimed represent a to create a list, similar to the one Commissioner Kevin McCarty at fighting PIP major shift in above, of all PIP filings as these rate fraud,” stated Florida the trajectory of filings are approved or disapproved. Insurance Commissioner Kevin PIP insurance rates in Florida.” www.underwritersinsider.com

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TENNESSEE INSURORS WEIGHING SHIFT IN ROOFING POLICIES

ASHVILLE, TN – In recent months, some property and casualty insurers in Tennessee have filed to expand or shift their roofing policy terms to include actual cash value policies. As a result, the Department of Commerce and Insurance is reaching out to consumers to help them understand the difference in coverage.

Replacement Cost benefits will generally pay more for a claim than will ACV benefits. However, not all dwellings/items will qualify for full replacement benefits – determinations may be made on a situation-by-situation basis as companies inspect properties to resolve coverages they may make available based on the property’s condition and the company’s underwriting guidelines. • Under an ACV policy, the insurance company may determine that $500 of wear and tear/depreciation occurred each year since the roof was installed. At the time of the claim, the company would pay $6,500. Depreciation would have reduced the payment by $2,500 (5 years multiplied by $500 wear and tear per year) and the $1,000

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deductible would have reduced the payment the other $1,000. The consumer would choose between making up the difference to pay for a roof of similar quality, or using the money to install a roof available at that price. • Under a Replacement Cost policy, the insurance company would pay the amount required to replace the roof with similar-quality materials at today’s cost, minus the deductible. In the event that the same roof costs $11,000 at the time of the claim, the company would pay $10,000$11,000 for the replacement roof, minus the $1,000 deductible. (Note: Insurance companies may initially pay the actual cash value for the roof, $6,500 and then reimburse the difference following submission of a receipt.) The Underwriter’s Insider

The INSIDER’S

“The Final Authority on Everything!” Beware Auto Repair Rip-Offs!

ou’ve answered automotive questions before and you do claim to be “the final authority on everything,” so see if you can shed some light on what seems to be a ripoff. On three recent trips to an auto service facility for routine service, (3 different places), I was encouraged to have expensive and unnecessary work done to my car. The first time, I was in for only an oil change on my 2011 Nissan with 40,000 miles. The mechanic insisted I needed both a transmission oil change ($139) and a powersteering fluid change ($59). I declined both - neither being recommended by the manufacturer. The mechanic told me my power steering fluid was “dirty.” When I checked it later - it was perfectly clean. On my next oil change, the mechanic told me I needed rear brakes “immediately” as they were “paper thin.” I took the car to Sears for a brake check the next day and they told me I had at least 15,000 miles left on my brakes. A short time later, I took my car to Tire Kingdom for new tires and left the car. I received a call from the mechanic telling me I really should have an alignment. ($79). There was no uneven wear on the old set of tires and the car tracked perfectly straight - no indication at all that an alignment was needed. Finally, at around 53,000 miles, I took my car to the same Tire Kingdom for brakes. I received a call from the mechanic telling me I would need four rotors - that they were really “thin” and actually had the gall to recommend again an alignment www.underwritersinsider.com

ADVISOR

- in spite of the fact that there was absolutely no indication that one was needed. Unless there was metal to metal contact from worn brake pads, (there was none) rotors can usually be resurfaced at least two times before needing replacement - and this was the first brake job for this car! There was simply no need for new brake rotors and no honest mechanic would have recommended them. I don’t recall the exact cost of this attempted rip-off, but it was about $80 per rotor! The final insult came as I was sitting in the waiting room waiting for the brake job to be completed. The service guy comes in with a glum look and a dirty cabin filter. “You really have to have this replaced.” It was dirty, but here is the kicker: They wanted $19 for the filter and $30 to replace it! I stopped at Walmart afterwards and picked up the filter for $12. Time to replace? Less

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Have a question for The Advisor?

Click HERE! than 2 minutes. Just thought I’d get this out there. Love the Insider! - J.B. Lake Worth, FL Well J.B., you said it as well as I could have - and your warning will resonate with our readers. Let me add: Be particularly careful of those quick oil-change places. Fortunately, your knowledge protected you. Particularly at risk: Women and men without automotive experience. If you fit into that category, make sure you have a knowledgeable friend you can either take along or consult when you get that inevitable call for additional service. There are honest mechanics out there - the trick is finding them.

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“If you put the federal government in charge of the Sahara Desert, in 5 years there’d be a shortage of sand.” The late Milton Friedman Champion of Economic Freedom Slayer of Keynesian Theory

Coral Springs, FL Experienced 2-20 Agents Experienced P & C Agents required for a Coral Springs office. Good commission and renewal offered. Contact: tamiller91@yahoo.com

Let’s combine... Agency looking to Merge Don’t just sell your book of business and loose income. Why not merge and keep your client base. Contact: Peralta Insurance We have been in business for over twelve years, and have a large book of business and looking to expand. We carry all forms of insurance including; Health, Life, Commercial, Auto, Home, and many more. 12039 sw 132ct Miami Fl 33186 305-969-6960 peralta_ins@

Independent Agency For Sale or Merger Location is in North Florida area. $150,000 Firm. Email For More Info: portmgr@comcast.net

9-1

AGENCY FOR SALE Very profitable Personal & Commercial Lines agency for sale in southwest Florida. Owner re-locating and very motivated to sell. Close to $300,000 in commissions with over 2500 clients. Good mix of auto,homeowners and commercial clients. Call Raj at 239-699-7047 9-4 26

220 Producer Anywhere in Florida Well established commercial agency specializing in the realm of workers’ comp seeks producer. You can be located anywhere in Florida. Excellent commission splits - training and leads. Other commercial markets also available - GL, etc.Contact: pcbizbuyer21@gmail.com 9-5

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HERE 2-20 Producers Wanted: Miami Westchester Area

Looking for Personal & Commercial Lines producers. Salary plus commission!!! Rapidly expanding ageny. Please contact us via email or call Yudanis or Luis @ 305-225-955 or: yudanis@optioninsurancesolutions.com

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Looking to Expand Book of Business

Looking to buy independent books in Hillsborough County, Florida, full or in part. Please contact me for a confidential discussion.

abinsdmeyer@yahoo.com 9-4 The Underwriter’s Insider

Nationwide Agency Owner E.Bay Area, CA We need talented, businessminded individuals interested in our Future Agency Owner opportunity located in San Ramon OR Walnut Creek, CA market. What Nationwide Offers • Base salary, commissions and limited benefits for the first 18-24 months • Up to $95K in financial support upon graduation to offset agency start-up costs • Extensive sales and product training opportunities • Dedicated support •To apply: http://tinyurl.com/bn7w2rx 9-5

"Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. Its only inherent virtue is the equal sharing of misery." - Winston Churchill

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FREE CLASSIFIEDS HERE Foreign Insurance Organization Wanted Part-time position wanted to represent, administrate or manage London or other foreign insurance organization in any U.S. states. I have all state insurance licenses required. Contact:dnmiweiss@yahoo.com 9-6

Franchised Insurance Agency For Sale Well Est. Florida 2-20 Licensed and Franchised General Insurance Agency. Owner consolidated 2 locations into one in 2012 reducing expenses & increasing profits as a result. Pre-qualified for SBA Lender Financing w/ $81,250 Down. Terms are approximate. Asking $325K. Contact Corporate Investment Business Brokers | (239) 936-1718 | www.floridabusinessbrokers.com 9-5

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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.

HERE! Profitable Independent Agency For SALE Kissimmee Area

Profitable agency , with low overhead expenses in Central Florida (Kissimmee Area). Motivated Seller. Email: Essie.noboa@gmail.com

9-7 27

“If the Obama campaign was worried about Dems

being overconfident going into the final stretch, tonight should allay those fears.” - Washington Post columnist Ezra Klein, also lamenting Obama’s first debate perfomance.

“We’re interested in deep-space exploration. “Right

“ [The

Obama Administration] condemns the continuing efforts by misguided individuals to hurt the religious feelings of Muslims — as we condemn efforts to offend believers of all religions . . . we firmly reject the actions by those who abuse the universal right of free speech to hurt the religious beliefs of others.” - A statement put out by the alwaysapologetic Obama administration in response to an impending attack on our consulate in Benghazi, Libya - condemning an American filmaker for exercising his 1st Amendment right to freedom of speech for producing a movie critical of Islam - rather then placing the responsibilty for the violence on the Islamic radicals who would murder our ambassodor, Chris Stevens and three other Americans.

“ Democrats are jumping ship because President

Obama is offering nothing but blame for the previous administration and his own pipe dreams at a time when voters need some real assurance if they’re going to believe the economy can be saved. Unfortunately, speaking as one of those Democrats, I have little hope that President Obama will change.” - From a recent column by former ardent Obama supporter Rob Taub - a writer and comedian. He is host of Tech Hub on WOR AM radio.

“ Y’all better vote for f**king Obama, OK? For better

or for worse, all right? We have a black Muslim in the White House! Now that’s some amazing s**t.” - Not exactly a dream endorsement offered by non-other than Madonna, the reluctantly aging, nearly incoherent diva, at an on-stage event in Washington D.C. - who then stripped to show an “Obama” stencil across her lower back.

“ Where was Obama tonight?! He should watch,

well not just ‘Hardball,’ Rachel [Maddow], he should watch you, he should watch the Reverend Al [Sharpton], he should watch Lawrence [O’Donnell]. He would learn something about this debate.” Obama syncophant masqurading as MSNBC newsman, thrill-up-his-leg, Chris Matthews going berserk over Obama’s gawd-auful performance in the first election debate on 10/3/12. 28

now humans are stuck in low Earth orbit, but we want to explore the solar system. We’re trying to come up with a system that will demonstrate break-even for thermonuclear propulsion.” - Dr. Jason Cassibry, a UAH engineering professor and the head of the research team working with NASA discussing an “impulse fusion engine” under development that may make the trip to Mars in a little over a month at over 65,000 MPH. Star Trek fans are ecstatic. Read MORE

“When

I called Homeowners Choice, a customer service representative explained my current Citizens policy would remain in force until it lapses next July. She said the company would mail me a renewal offer in May, but that she couldn’t say what the premium would be. Nor could she give the company’s current rates for a policy comparable to my Citizens coverage. And she didn’t know if the company has put in for a rate increase for next year. What kind of system is that? Would you buy a car or a home without knowing the price?” - Sun Sentinel Columnist Michael Mayo, frustrated in his attempt to assess a take-out company’s offer to write his Citizens policy.

“The $17.5 billion increase in policyholders’ surplus

to a near-record-high $567.8 billion at June 30, 2012, is a testament to the strength and safety of insurers’ commitment to policyholders. Despite challenging economic conditions, insurers are strong, well capitalized, and well prepared to pay future claims. Policyholders and regulators can rely on the insurance industry to fulfill its obligations when catastrophes strike.” - Robert Gordon, PCI’s senior vice president for policy development and research in an October 2012 report.

“His mind wasn’t on it. He didn’t want to engage.

He just wanted to get through the 90 minutes.” Democratic Strategist James Carville on the first Romney-Obama debate.

“Can

I state the obvious here since we all have theories? The obvious is he didn’t bring his game because he doesn’t have a game. They have now blamed his performance on everything . . . He has no game.” - Republican Strategist Mary Matalin - and wife of James Carville on the same topic.

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Continued from Page 15

permitted out of fear for their color.

WHY I DO NOT LIKE THE OBAMAS

As I wrote in a syndicated column titled “Nero In The White House” – “Never in my life, inside or outside of politics, have I witnessed such dishonesty in a political leader. He is the most mendacious political figure I have ever witnessed. I don’t like them, and I neither Even by the low standards of apologize nor retreat from my public his presidential predecessors, his condemnation of them and of his narcissistic, contumacious arrogance policies. We should condemn them for is unequalled. Using Obama as the the disrespect they show our people, bar, Nero would have to be elevated for his willful and unconstitutional to sainthood…Many in America actions pursuant wanted to be proud to obeying the when the first “I don’t hate them Constitutional person of color was per definition, but I parameters he is elected president, bound by, and his condemn them because but instead, they willful disregard they are the worst have been witness for Congressional to a congenital liar, kind of racialists, they authority. a woman who has are elitist Leninists been ashamed of with contempt for Dislike for them America her entire has nothing to do traditional America. life, failed policies, with the color of They display disrespect intimidation and their skin, it has a commonality for the sanctity of the everything to do hitherto not office he holds, and for with their behavior, witnessed in those who are willing attitudes, and political leaders. policies. And I have to admit same Michelle He and his wife open scorn for their Obama’s raw contempt view their life at playing the race. our expense as an for white America is entitlement – while transpicuous.” It is my intention America’s people go to do all within homeless, hungry my ability to ensure their reign is and unemployed.” (WND.com; 8/8/11) one term. I could go on, but let me conclude with this. I condemn in the Oh, and as for it being personal, you strongest possible terms the media tell me how you would feel if a senator for refusing to investigate them as from Illinois sent you a personally they did President Bush and President signed card, intended to intimidate Clinton, and for refusing to label them you and your family. Because you had for what they truly are. There is no written a syndicated column titled scenario known to man, whereby a “Darth Democrat” that was critical of white president and his wife could him. (WND.com 11/16/04) ignore laws, flaunt their position, and lord over the people as these two are Contact the Author HERE 32

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Continued from Page 22

AGENT CHARGED WITH 13 COUNTS OF MAIL FRAUD Street America Group. It is alleged in the indictment that Messer would instruct his clients to send payments for insurance premiums directly to him. The defendant told his clients that he would then remit the payments to the insurance companies. However, according to the indictment, Messer embezzled those funds for his own, personal use, never sending them to the insurance company, while also deceiving his clients into believing they had insurance coverage. If convicted, the defendant faces a maximum possible penalty of up to 20 years in prison and/or a fine of up to $250,000 for each mail fraud charge. The investigation of the case was conducted by the Federal Bureau of Investigation, the Albemarle County Police Department, the Virginia Bureau of Insurance and the Charlottesville City Police Department. Special Assistant United States Attorney Elliott Casey will prosecute the case for the United States.

The Underwriter’s Insider

Continued from Page 10

ZALMA

and materialmen who perform labor or furnish material for the execution of a public work to which the mechanics’ lien statute does not apply.” Recovery on a payment bond is conditioned upon the claimant

payment-bond claim failed because the notice was untimely and was not served on Niles-Wiese at the address listed on the payment bond. The district court denied this motion, reasoning that the notice was timely because it was mailed within the statutory notice period and failure to serve Niles-Wiese at the address listed on the payment bond was not fatal to Safety Signs’ claim. Safety http://www.zalma.com/zalmabooks.htm Signs subsequently moved for summary judgment, which the district court granted, providing timely notice of its claim to ordering Westfield to pay the amount both the contractor and the surety. due under the subcontract along with penalty interest, attorney fees, A payment-bond claim may not be maintained unless, within 120 costs, and disbursements. days after completion the claimant serves written notice of claim under ISSUES ON APPEAL the payment bond personally or by 1. Was Safety Signs’ notice certified mail upon the surety that timely because it was mailed, though issued the bond and the contractor. not received, within the 120-day The 120-day deadline is strictly enforced. One case held that notice statutory period? mailed 122 days after completion of 2. Was Safety Signs’ service work was untimely. of notice fatally defective because the notice was sent to Niles-Wiese’s primary business address rather than the address listed on the payment bond?

ANALYSIS The Public Contractors’ Performance and Payment Bond Act (the bond statute) requires contractors to obtain payment bonds for publicworks contracts. The purpose of the bond statute “is to protect laborers www.underwritersinsider.com

The appellate court concluded that service of notice of a payment-bond claim is effective upon mailing. Because Safety Signs mailed the notice within 120 days after it completed its work, the notice was timely. However, to recover on a payment bond, the claimant must provide notice of the claim to the surety and the contractor at the addresses listed on the payment bond. The parties agreed that Safety Signs did

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not comply with the statute because it mailed the notice to Niles-Wiese’s primary business address rather than the address listed on the payment bond. Generally, a party may challenge a failure to comply with statutory notice requirements if the notice statute is designed to protect that party. Since a payment-bond claim is only recoverable against a surety, all of the statutory notice requirements are for the benefit of the surety. The requirement that notice be sent to the contractor benefits the surety by encouraging the contractor to pay the claim, eliminating the surety’s obligation to pay it, and by enabling the contractor to inform the surety of inaccuracies in the claim, preventing the surety from paying an invalid claim.

Condition Precedent Compliance with the notice requirements is a “condition precedent” to a payment-bond claim. The general rule is that if a condition precedent prevents the accrual of a right, performance of the condition precedent may not be waived by a defendant to an action. As a result, sureties have repeatedly prevailed on the argument that a payment-bond claim failed for lack of notice upon another required party. Westfield argues that substantial compliance with the notice requirements is insufficient to sustain a payment-bond claim. A See Zalma Pg 38 33

CFO JEFF ATWATER AND BROWARD COUNTY SHERIFF AL LAMBERTI ANNOUNCE MORE ARRESTS IN JOINT WORKERS’ COMPENSATION TASK FORCE INVESTIGATIONS

ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater and Broward County Sheriff Al Lamberti announced today the additional arrests stemming from the newly formed Broward County Workers’ Compensation Fraud Joint Task Force. Barbara Macineiras, 39, owner of JC Check Cashing Store, Inc., and Akram Musa, 45, have been arrested: Macineiras for involvement in a large-scale check cashing scheme and Musa for operating as an unlicensed money transmitter.

revealed various shell construction companies operating an ongoing workers’ compensation premium fraud scheme and conspiring with Macineiras to file fraudulent currency transaction reports (CTR) totaling over $3.5 million with the Department of Treasury. No workers’ compensation premiums were ever collected on any of the money that passed through the shell companies.

“The criminals who perpetrate this type of fraud try to be two steps ahead of the law,” CFO Atwater said. “Partnerships between law enforcement agencies such as this one help us stay ahead of the game. By sharing intelligence and resources, I know this joint task force will continue to make great strides in protecting Florida’s honest, hardworking Floridians.”

In a separate, but similar investigation, fraud detectives arrested Akram Musa, 45, for operating as an unlicensed money transmitter in Broward County. Musa was observed by detectives transporting more than $100,000 in cash and allegedly confessed that he transported the currency from Pompano Beach to Ft. Pierce for a money service business operation without having the proper licensure to do so. The investigation is ongoing and additional arrests are expected.

“White collar crimes are becoming more common and the victims are honest citizens,” Sheriff Al Lamberti said. “In law enforcement, we know how to chase a thief down the street but making arrests in these fraud cases requires a new approach and cooperation on the local, state and federal levels.”

booked into the Broward County jail. If convicted on these charges, Macineiras faces up to 5 years in prison while Musa could face up to 30 years.

Macineiras was booked An investigation by the Workers’ into the Palm Beach Compensation Fraud Joint Task Force County jail and Musa was 34

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The Underwriter’s Insider

ALLEGEDLY GRANVILLE FRAUDULENT COUNTY APPLICATIONS AFLAC LEAD TO AGENTS ARREST OF INDICTED N.C. AFLAC FOR ALLEGED INSURANCE EMBEZZLING AGENT

ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Jason Everett Alston, 28, of 3824 Cornerstone Court, Rocky Mount; he is charged with one felony count of obtaining property by false pretense.

ALEIGH -Insurance Commissioner Wayne Goodwin today announced the grand jury indictment of Ronnie Thorpe, 53, of 8198 Charlie Stovall Road, Oxford, and Brian Douglas Vann, 58, of 4065 Salem Farm Road, Oxford; each was charged with one count of obtaining property by false pretense.

Department of Department of Insurance criminal Insurance criminal investigators investigators allege allege that Alston that while working - while working as AFLAC Insurance as an insurance agents, both Thorpe agent for AFLAC and Vann accepted I n s u r a n c e advanced payments C o m p a n y for insurance received premiums that were approximately supposed to be $7,165.74 in refunded to several u n e a r n e d policyholders and commissions kept the money for by submitting their personal use. Commissioner Wayne Goodwin fraudulent and Thorpe is charged unsanctioned insurance applications. with embezzling $9,601.32 and Vann Alston is accused of submitting is charged with embezzling $2,310.04. applications in the names of family members and friends without their Thorpe and Vann were served consent, as well as submitting indictments on Aug. 31, 2012. They numerous policies written in his own were scheduled to appear in court on name between May 2009 and March Sept. 19, 2012. 2010. www.underwritersinsider.com

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â&#x20AC;&#x153;Many people want the government to protect the consumer. A much more urgent problem is to protect the consumer from the government.â&#x20AC;? The late Milton Friedman Champion of Economic Freedom Slayer of Keynesian Theory

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

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

Expert Testimony

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

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

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The Underwriter’s Insider

Continued From Page 9

KIM KOMANDO Now three years old, Windows 7 offers PC users superb speed, stability and functionality - with very few problems. Mac users have the option of installing and running Windows with the Boot Camp tool.

Customization Winner: PC

The compromise you accept when you choose Apple’s super-sleek design aesthetic is that do-it-yourself upgrading is impossible unless you’re an expert. You can’t even replace the RAM in a MacBook Air or a MacBook Pro with retina display because the memory is

soldered to the logic board. With PCs, it’s easy to swap out drives and sound and graphic cards, or even build a custom PC from the ground up if you’re reasonably handy.

See Kim Komando Pg 39

Both operating systems are heading for a slimmed down, touch-based, mobile-influenced future.

Software Winner: PC

For the average user, this may be more of a tie. But if you’re a finance person or a gamer, you know the Mac finishes a poor second. Microsoft Office hasn’t gotten around to optimizing Office for the retina display. Besides that, the productivity suite for Mac is every bit as functional as the Windows version. Adobe programs and other major software titles are very similar or identical on both platforms. Mac versions of Quicken and Quickbooks Pro, however, have long been considered poor substitutes to their PC counterparts. And pity the poor Mac gamer. He’s been wandering the desert for years. If a game-maker even deigns to make a Mac version of a title, it will come out months after the PC release. PC gamers enjoy a vast library of games and can take advantage of extreme graphics cards tweaked for gaming performance.

www.underwritersinsider.com

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ZALMA materialman’s right to bring an action on the bond is nonexistent in the absence of strict compliance with the statutory requirement of filing notice. The bond statute requires strict observance on the claimant’s part of the filing of such notice with the proper officer. The remedial purpose of the statute answers the question. Although the remedial intent of legislation may be considered, the clear language of a statute cannot be disregarded in the name of pursuing the spirit rather than the letter of the law. If the legislature had merely intended to require that notice be sent to an address where it would likely be received by the contractor, it could have said so. It did not. Instead, it laid out clear notice requirements that Safety Signs did not meet. The Court of Appeal concluded that it was required to uphold the clear language set forth by the legislature. The general rule in Minnesota is that if a condition precedent prevents the accrual of a right, performance of the condition precedent may not be waived by defendant to an action. Since strict compliance with the entire notice provision in the bond statute is a condition precedent to a payment-bond claim, any defect in the notice or service thereof cannot be waived. Because the service defect is fatal to Safety Signs’ payment-bond claim, the appellate court reversed the district court’s summary judgment in favor of Safety Signs.

Because strict compliance with the notice requirements of the bond statute is a condition precedent to a payment-bond claim and because failure to strictly comply with the statutory notice requirements results in a defect that cannot be waived, the district court erred in denying summary judgment to Westfield and granting summary judgment to Safety Signs.

ZALMA OPINION I have preached until I am blue in the face that parties to insurance or surety contracts must read and understand the contract before making claim or filing suit. The surety agreement, by statute, made notice to both the surety and the contractor at the addresses stated in the agreement was a condition precedent to recovery of payment from the surety if the contractor fails to pay. The claimant, Safety Signs, mailed their claim on the last possible day and failed to mail it to the proper address. It convinced the court that its notice was timely but – since facts are stubborn things – could not change the fact of the address to which the notice was sent. Claimants against a surety in Minnesota must read the surety agreement, send its claim immediately upon completing the work, and must always send the claim to the address listed on the surety. This is such simple advice it is a wonder that Safety Signs did not comply and even more of a wonder that the trial court ruled in its favor. A condition precedent must be fulfilled in any contract before seeking the benefits of the contract whether a surety agreement or a policy of insurance.

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N.C. AGENT ARRESTED FOR ALLEGED EMBEZZLEMENT AND FORGERY

ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Charles Everett Collins, 69, of 1535 St Andrews Court, Yadkinville; he is charged with one count each of embezzlement by an insurance agent, common law forgery and making a false statement. Department of Insurance criminal investigators allege that in December 2011, while working as an agent for a Yadkinville insurance agency, Collins forged the signature on a $4,452.00 refund check that was issued to a policyholder and deposited the funds into the agency’s bank account without the policyholder's permission. Investigators also accuse Collins of signing and issuing a certificate of insurance for a local sports club when he knew that the policy had been cancelled months prior for non-payment of premiums. Collins surrendered at the Yadkin County Sheriff’s Office on Aug. 19 and was placed under a $50,000 unsecured bond. His first appearance in Yadkin County District Court is scheduled for Aug. 22. The Underwriter’s Insider

Continued From Page 37

KIM KOMANDO Security Winner: Tie game

High profile malware attacks against Macs this year should have shattered the illusion that Apple computers are inherently more secure than PCs. You’re not safe just because you haven’t been attacked or are attacked less frequently. You’re secure when you have antivirus software installed - and can withstand a hit. So the tally for now, with ties factored in, is:

PC - 3 1/2 Mac - 1 1/2 Join me on Facebook at http://www. facebook.com/kimkomando and let me know what you think about that.

Copyright 2012, WestStar TalkRadio Network. 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. www.underwritersinsider.com

N.C. INSURANCE INDUSTRY REQUESTS 17.7 PERCENT RATE HIKE FOR HOMEOWNERS POLICIES

ALEIGH -Insurance Commissioner Wayne Goodwin today announced that the Department of Insurance received a homeowners rate filing from the North Carolina Rate Bureau on Oct. 1. The Bureau, which is not affiliated with the Department and represents the property insurance companies writing business in the state, requested a statewide average increase of 17.7 percent, with a requested effective date of June 1, 2013.

The filing is available for public review on the Department’s website. To view the entire filing, go to http://pserff. ncdoi.net/pc.html and enter the Serff Tracking Number NCRI-128708881. For interested parties who would like to weigh in on the rate requests, there will be a public comment session on on Oct. 17 from 9:30 a.m. to 4 p.m. in the Jim Long Hearing Room of the Dobbs Building, 430 N. Salisbury St., Raleigh.

N.C. AGENT SENTENCED TO PRISON ON INSURANCE, MAIL FRAUD CHARGES

ALEIGH -Insurance Commissioner Wayne Goodwin and Ripley Rand, United States Attorney for the Middle District of North Carolina, today announced that John A. Womack, Jr., 66, of High Point, was sentenced on Sept. 6 to 41 months of confinement in a federal prison and three years of supervised release after being convicted on charges of mail fraud and making false statements to an insurance examiner. Womack was also ordered by United States District Court Judge Catherine Eagles in Greensboro to pay $557,718 in restitution to his victims, as well as a special assessment of $200.

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After an investigation by the North Carolina Department of Insurance Criminal Investigations Division, its Agent Services Division and the U.S. Secret Service, Womack was indicted by a federal grand jury in Greensboro on May 2. On June 8, 2012, Womack pleaded guilty to four counts of mail fraud, two counts of making false statements to an insurance examiner, and five counts of making false entries into the accounts and books of an insurance business. The case was prosecuted by Assistant United States Attorney Robert Hamilton. Womack is scheduled to report to the United States Marshal on October 12, 2012, to begin serving his sentence.

WHY THERE IS NOT MORE NEWS FROM GEORGIA IN THE INSIDER...

rom time to time, we are asked, “Why don’t you print more insurance news about Georgia?” We would like to, we really would. But one of the primary sources of insurance news in any state is the official media press release section of the state’s department of insurance. In some instances, Florida for example, there will be dozens of breaking news stories involving rate filings, enforcement issues, insurance fraud investigations, arrests and convictions - and even links to Florida newspaper stories involving key, breaking insurance-related news stories.

release specifically references fire and tornados as likely hazards to be concerned of - so always check the weather reports on Valentine’s Day. Thanks Ralph.

Georgia has such a page on it’s website. The entire collection of My personal favorite Georgia press releases for the year press release for 2012 was 2012 is shown on the issued on June 26th, and image at right. You will includes “Insurance Tips” note such scintillating from Commissioner topics as “Consider Hudgens. Here we learn Renters Insurance,” where that hail damage to Commissioner Ralph your automobile will be Hudgens reminds covered under your auto Georgia citizens that insurance - while damage “Each year severe weather, to the roof of your home fire and burglary take a toll is covered under your on people’s possessions,” homeowners. and, even more pressing, “Hudgens Honestly, some of Urges Georgians to this stuff may be Insure Valentine’s of limited use to Ralph T. Hodgens Day Gifts.” Geogia Ins Commissioner a citizen of Georgia We are quite certain that last one that happens to stumble on this caused a real run on agencies by timely information just before Georgians searching for that illusive “Severe Weather Awareness Week,” Valentine’s Day gift insurance. Can (widely celebrated throughout the you insure a box of chocolates? southeast...), for example, but the How about a dozen roses? The press majority of these so-called “press 40

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releases” are not press releases at all. They are informational bulletins and should be included elsewhere on the website, if at all. Not to be picking on Georgia alone, we must note that Alabama’s “Current News” page includes exactly three listings for 2012: 1) A Notice of Rate Hearing, 2) a Notice of Regulation Hearing, and, 3) Recently Enacted Laws. That’s it, folks. Nothing else happened in the insurance industry in Alabama this year... Mississippi’s website has a page with numerous listings - heavy in really urgent stuff such as “Chaney Urges Grilling Safety for the Fourth of July.” To their credit, they have another page dedicated to enforcement actions - where you can view fines, license revocations and suspensions. This stuff is red meat to agents and companies. You know it’s great fun to see that broker down the street who’s been consistently out-quoting you sent up the river for 20 years for fudging on his premium account. - Editor The Underwriter’s Insider

“Come Coast Awhile” GIAA Fall Conference 2012 October 25th – 27th on St. Simons Island, GA 0B

Relax … Learn … Network Where: Sea Palms Golf & Tennis Resort (http://www.seapalms.com) HU

When: October 25 - 27, 2012 GIAA Member, Spouse & Staff: All Events: FREE …GIAA Membership has Its Advantages! Non-GIAA Member: Friday & Saturday: Each 3 hour CE costs $25.00

All Event package = $99.00

All Event Package includes unmatched CE, Trade Fairs, Hospitality Suites and Luncheon.

It’s a Beautiful Day at Sea Palms Come relax in the lush oasis that is Sea Palms Resort. Take a walk under ancient live oaks, where the ocean air mixes with a soft marsh breeze. Bike on the beach, play golf, tennis or just relax on your balcony overlooking the island’s natural beauty.

Deluxe Guestrooms as low as $89.00! Golf only $59.00! GIAA has arranged a special room rate at Sea Palms Golf & Tennis Resort (http://www.seapalms.com) HU

Online Room Registration Information at www.Georgia-Agents.com HU

GIAA Fall Conference 2012 Agenda Friday, October 26st

Thursday, October 25th

The Most Dangerous Game #22448

3 hours FREE CE for Everyone!

8:30 a.m. – 11:30 a.m.: 3 hours Ethics CE

The Ethical Road to Mayberry #27235

11:30 a.m. – 1:00 p.m.: Luncheon CE & Trade Fair

1:00 p.m – 3:00 p.m. : (Hour 1 & 2 of 3 hrs Ethics CE)

Georgia Insurance Laws #17050: 1 hour Ethics CE

Free Trade Fair

3:00 p.m. – 4:30 p.m.

1:00 p.m. – 3:00 p.m.: 2 hours P&C / Ethics CE

4:30 p.m. – 5:30 p.m.: (Hour 3 of 3 hrs Ethics CE)

Inside the DOI #11434: 2 hours P&C / Ethics CE

5:30 p.m. – 7:00 p.m.: Welcome Reception Enjoy St. Simons Island …

Enjoy St. Simons Island …

Dinner on your own

Saturday, October 27th

Come Coast Awhile amid all the delights and HU

discoveries of Brunswick & The Golden Isles of Georgia.

http://www.ComeCoastAwhile.com HU

Dinner on your own

Privacy – The Complete Story #18789 8:30 a.m. – 11:30 a.m.: 3 hours Ethics CE

GIAA Membership has its Advantages!

11:30 a.m. – 5:30 p.m.: Golf, Swim, Bike, Tennis

Earn 15 hours CE from the comfort of your desk … for free. Details are being e-mailed to current members

5:30 p.m. – 7:00 p.m.: Closing Reception Enjoy St. Simons Island …

Dinner on your own

Much more information at www.Georgia-Agents.com HU

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