Features 5 9
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Inside Track
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Insider Advisor
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Classifieds
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Back Issues
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PCI Position on Florida P.I.P. Pending Legislation
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Florida CFO Narrates Story Of Top Dimwitted Fraud Criminal Dennis Flores
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Nevada’s Chief Insurance Examiner Robbed and Murdered - Body Dumped
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FTC Releases Top Complaint Categories for 2011 Identity Theft Tops The List
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Fla’s CFO Atwater and AT Bondi Announce Conviction of Senior Scammer
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Darien, Georgia Agent Arrested on Felony Insurance Fraud Charges
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Florida Judge Rules That Flashing Of Headlights Is Exercise Of Free Speech
Georgia Tax Preparers Indicted For Tax Crimes Prejudice Presumption Must Be Rebutted By Insured Legal Analysis by B. Zalma
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Former North Carolina Deputy Fire Chief Accused of Embezzling Funds
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Texting-While-Driving Penalties Vary Widely From State to State
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Mississippi Commissioner Mike Chaney Inducted Into MSU Insurance Hall of Fame
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Progressive Survey: 63% Of Drivers Don’t Know Rates Are Based on Other Drivers
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Debt Collectors Settle With FTC For $800,000 - Agree To Stop Deceiving Consumers
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Rent-To-Own Companies Settle Charges of Web-Cam Spying With Rented ‘Puters
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Giant African Land Snails! They May Be Coming To A Yard Near You...
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Government Study: 5% of Consumers Had Errors On Their Credit Reports
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A House Divided: How To Advise Your Clients On Impending Divorce
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Florida Announces Arrests In $35 Million Worker’s Comp & Money Laudering Scheme
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Smack Down! Paul Rand Debates Pompous Bureacrat Kathleen Hogan - Funny!
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PCI STATEMENT ON FLA. PIP WORKSHOP IN SENATE BANKING & INSURANCE COMMITTEE
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ALLAHASSEE—Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America (PCI), issued the following statement in response to the personal injury protection (PIP) Workshop that took place in the Florida Senate Banking and Insurance Committee today. “Since the passage of the 2012 PIP legislation, and through the immense amount of time and resources dedicated to implementation of this legislation which substantially took effect in January 2013, PCI and its
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member companies have urged caution and patience with respect to providing the PIP law adequate time to work. PCI believes that the recent issuance of a temporary injunction against these PIP reforms has kneecapped the law’s full potential. “We support dialogue on how to properly address Florida’s auto insurance issues. We are hopeful for viable solutions that will protect Florida’s consumers and relieve Florida drivers and policyholders from the rampant fraud and abuse that has led to Florida being the No. 1
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ranking state in the nation for questionable auto claims. “It is vital that with any measure reforming the auto insurance market, we engage in a deliberative and thorough discussion in order to properly address auto insurance cost drivers and crack down on the fraud and abuse in our system. We look forward to working collaboratively with all stakeholders to help fight fraud for Florida’s drivers and promote the viability of a vibrant and competitive marketplace for the benefit of our consumers.” 7
CONTENTS April 2013
A Publication of AdMax Media Corp Corporate Offices
P.O. Box 31551 Palm Beach Gardens, Florida 33420 561.718.0745 info@underwritersinsider.com © Entire Contents 2013 AdMax Media Corp
PINE MTN. GEORGIA HUSBAND AND WIFE TAX RETURN PREPARERS INDICTED FOR TAX CRIMES
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n March 14, 2013, a federal grand jury in Macon, Ga., returned an 18 count
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indictment alleging that Natashia and Detrick Tucker, a husband and wife couple who owned and operated a tax preparation business named T&T Express located in Pine Mountain, Ga., conspired to defraud the United States by preparing and filing fraudulent tax returns that illegally claimed inflated tax refunds for their clients. The indictment also charges both of the Tuckers with specific counts of aiding the filing of false tax returns, including Natashia Tucker’s personal returns. The Tuckers were arrested and made their initial appearances in court today. An indictment is merely a formal charge by the grand jury. The defendants are presumed innocent
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unless and until proven guilty. If convicted of the conspiracy charge, Natashia and Detrick Tucker each face a maximum potential sentence of ten years’ imprisonment. Further, they face maximum of three years in prison for each count of conviction for aiding the filing of false tax returns. The case is being prosecuted by Trial Attorneys Alexander Effendi and Charles Edgar Jr. of the Justice Department’s Tax Division and Michael Solis of the U.S. Attorney’s Office for the Middle District of Georgia. The case was investigated with the assistance of special agents of IRS-Criminal Investigation and the Georgia Department of Revenue.
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7 BEST SMARTPHONES FOR YOU TO BUY by Kim Komando
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f you’re ready to drop some money on one of the latest and greatest smartphones, you have some great choices - too many, in fact. Turbocharged quad-core processors and wireless charging have nearly become standard on top-of-the-line Android phones. As always, the latest iPhone and its gorgeous screen and vast ecosystem of content is worth your consideration. For those looking to break free of iOS or Android altogether, the underrated Windows Phone 8 awaits. How can you possibly decide? I’ve rounded up the 7 best smartphones available and I’ll tell you what makes them good. For
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more detailed comparison of these and even more smartphones, you can visit the up-to-date smartphone comparison chart on my site. Don’t forget my tablet comparison chart if you’re in the market for one of those.
stay tuned into. While other phone makers race to up camera megapixel counts, HTC went in the other direction with the One’s UltraPixel Camera. It has fewer megapixels, but a bigger sensor than other smartphones. If you love to shoot in low light or at night, you should give the One a serious look. Cost: Not known yet. Available in April at AT&T, T-Mobile and Sprint.
HTC One
iPhone 5
Honed from a slab of aluminum, this 4G LTE flagship from HTC wows on looks and specs. It features a high-resolution 4.7-inch screen, 32 or 64 GB of storage, and is powered by a quad-core processor.
Apple’s flagship smartphone introduced last September - has a 4-inch Retina screen and the ability to connect to 4G LTE networks from Verizon, AT&T and Sprint.
HTC also worked hard on customizing the latest version of the Android operating system, Jelly Bean. The BlinkFeed feature gives you a liveupdated home screen similar to Windows Phone 8. You pick the social networks and news feeds y o u want t o
Because of the new Lightning dock connector and dual-core A6 processor, the iPhone 5 is notably slimmer than the 4S and twice as fast. The rear camera’s sensor matches the 4S in size, 8 megapixels, but captures much better pictures in low-light situations. For many users, the iPhone 5’s best feature will be access to the App Store, which is rapidly approaching the milestone of 1 million apps. Cost: $199 (16GB); $299 (32GB); $399 (64GB) with 2-year contract. Apple also sells an unlocked, contract-free iPhone 5 starting at $649. It only works on GSM networks, such as AT&T in the See Kim Komando Pg 33
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PREJUDICE PRESUMPTION MUST BE REBUTTED BY INSURED Expert Analysis by Barry Zalma, Esq.
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nsurers place notice requirements in a policy of insurance to protect it from the obvious prejudice when it is unable to promptly investigate the cause and extent of the claimed damage. Regardless of the size of the deductible or self-insured retention the insurer requires notice of claim. When the policy is acquired the insured promises to fulfill the material conditions of the policy, one of which is the condition requiring prompt notice of loss. The Florida Court of Appeal, after deciding in favor of the insured, reconsidered its decision after granting a motion for rehearing in 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Insurance Corporation, No. 3D12-132 (Fla. App. 04/03/2013) and replaced its original opinion.
Barry Zalma, Esq., CFE is a California attorney specializing in insurance coverage, insurance claims handling and fraud who serves as a consultant and expert for insurers and policyholders. He founded Zalma Insurance Consultants in 2001 and serves as its senior consultant. He recently published an e-book, “Insurance Fraud,” which is available at his Web site, www.zalma.com. Go to Zalma Books at http://www.zalma.com/zalmabooks.htm.
FACTS 1500 Coral Towers Condominium (“Coral Towers”) appealed a final summary judgment in favor of Citizens Property Insurance Corporation (“Citizens”) in a breach of contract action. The court of appeal reviewed, for a second time, the entire record as well as controlling case law. At the time of Hurricane Wilma, in October 2005, Coral Towers 10
was insured under a commercialresidential property insurance policy with Citizens. Approximately five years after Hurricane Wilma, on June 29, 2010, Coral Towers notified Citizens for the first time that the property had sustained damages as a result of Hurricane Wilma. Pursuant to the terms of the insurance policy, Citizens requested that Coral Towers submit a sworn proof of loss within sixty days. Coral Towers did not Join Barry Zalma’s new Blog:
submit the proof of loss within sixty days. In October 2010, Coral Towers brought suit for breach of contract alleging that it had properly and timely notified Citizens of the damages it had sustained to the condominium properties as a result of Hurricane Wilma. It also alleged that Citizens had denied its claim. Citizens filed an answer and asserted affirmative defenses alleging that Coral Towers had failed to give prompt notice of the alleged loss and had breached the following policy provisions: 4. You[r] Duties After Loss. In case of a loss to covered property, you must: a. Give prompt notice to us, or your producer, who is to give immediate notice to us. . . . . d. Send to us, within sixty (60) days after our request, your signed, sworn proof of loss … Citizens also asserted as an affirmative defense that Coral Towers was barred from recovery because it had failed to comply with conditions precedent to filing the lawsuit under the following policy provision: 15. Suits Against Us. No action can be brought unless the policy provisions have been
http://www.zalma.com/blog
See Zalma Pg 31
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CHIEF FINANCIAL OFFICER JEFF ATWATER’S TOP DIMWITTED FRAUD CRIMINALS: CONFESSIONS OF A FRAUD ARTIST
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ALLAHASSEE—This week Chief Financial Officer Jeff Atwater announced the second installment of Florida’s top dimwitted fraud criminals arrested by the Department of Financial Services’ Division of Insurance Fraud (DIF). Although committing fraud is not a laughing matter, these cases serve as a reminder to dishonest Floridians that if you try to cheat the system for your own personal gain, you will be caught and justice will be served.
was identified as Dennis Enrique Flores, began a conversation with the director and captain. Not knowing their employment, he revealed that he worked with his clients to fraudulently file homeowner insurance policy claims for existing damage. He further stated that his fee was twenty percent of the claim payment.
Flores asked that the director call him the following day to help him gain access to more clients. While Flores tried to locate his On March 12, 2012, business card in his the Director of the vehicle, the director Division of Insurance and captain were Fraud was dining able to capture Florida CFO Jeff Atwater with a DIF captain his license plate at a restaurant in Broward County. number. While they were dining, an individual who identified himself as a public On April 5, 2012, as part of a joint adjuster named “Denny,” who later interagency sting operation, Flores
NEVADA’S CHIEF INSURANCE EXAMINER ROBBED, MURDERED AND BODY DUMPED IN A RIVER
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eno, NV - Four suspects have been booked on murder charges in the death of the state’s chief insurance examiner, William McCune, 62. His body was found floating in a river, bound with duct-tape and wrapped in a blanket. www.underwritersinsider.com
His apartment had been ransacked and there appeared to be evidence of a bloody, violent struggle in early April. Authorities believe theft to fund drug purchases may have been the motive for the crime. It was unknown if McCune knew his attackers since
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was contacted by an undercover DIF detective posing as the sister of the director and invited him to meet at an undercover house located in Cooper City. The undercover DIF detective stated that help was needed to offset the cost of the recently purchased home. On April 26, 2012, Flores met with an undercover Broward Sheriff’s Office detective and the DIF detective to inspect the home. He advised that together they would represent the damage as occurring within the coverage period of the policy and instructed the detectives how to fraudulently state the facts of loss and make the damage physically appear to be recent. Flores was arrested at that time and transported to Broward County Jail. He currently is awaiting trial, and the Broward State Attorney’s Office will be prosecuting the charges in this case. his apartment showed no sign of forced entry. McCune was single and childless. McCune had worked for the Nevada Department of Insurance since late 2009 - working in similar jobs for 20 years before that. He headed up the division’s corporate and financial affairs section examining insurance carriers for financial sufficiency. Investigators do not feel that McCune’s death was related to his position. 11
FTC RELEASES TOP COMPLAINT CATEGORIES FOR 2011
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Identity Theft Once Again Tops the List
he Federal Trade Commission today released its list of top consumer complaints received by the agency in 2011. For the 12th year in a row, identity theft complaints topped the list. Of more than 1.8 million complaints filed in 2011, 279,156 or 15 percent, were identity theft complaints. Nearly 25 percent of the identity theft complaints related to tax- or wage-related fraud. The report breaks out complaint data on a state-by-state basis and also contains data about the 50 metropolitan areas reporting the highest per capita incidence of fraud and other complaints. In addition, the 50 metropolitan areas reporting the highest incidence of identity theft are noted. The next nine complaint categories are: Number/Percent Debt Collection Complaints 180,928/10 percent Prizes, Sweepstakes, and Lotteries 100,208/6 percent Shop-at-Home and Catalog Sales 98,306/5 percent Banks and Lenders 89,341/5 percent Internet Services 81,805/5 percent Auto Related Complaints 77,435/4 percent Imposter Scams 73,281/4 percent Telephone and Mobile
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Services 70,024/4 percent Advance-Fee Loans and Credit Protection/Repair 47,414/3 percent There is a complete list of 30 categories. The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the United States and abroad. Enforcers search the database to research cases, track targets, and identify victims.
Canadian members of the Better Business Bureau, Western Union and Moneygram, and the Lawyers Committee for Civil Rights Under Law. “The Consumer Sentinel Network is a treasure trove of information for law enforcers,” said Richard Cordray, Director of the newly created Consumer Financial Protection Bureau. “We plan to contribute consumer complaints we receive at the CFPB to the Network and urge other state and local law enforcers to join the Network, too.”
“The FTC’s Consumer Sentinel Network is an incredibly powerful tool for law enforcers who are working to protect consumers and go after the bad guys,” said David Vladeck, Director of the agency’s Bureau of Consumer Protection. “It’s used by agencies across the country and around the world to enhance their enforcement efforts.” Other federal and state law enforcement agencies contribute complaints to the Consumer Sentinel Network, including the U. S. Postal Inspection Service, the Department of Justice’s Internet Crime Complaint Center, and the Offices of the Idaho, Michigan, Mississippi, North Carolina, Ohio, Oregon, Tennessee, and Washington Attorneys General. Private-sector organizations that contribute complaints include all U.S. and
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The Underwriter’s Insider
CFO JEFF ATWATER AND ATTORNEY GENERAL PAM BONDI ANNOUNCE CONVICTION OF SENIOR SCAMMER FOR $2 MILLION
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ALLAHASSEE—Florida Chief Financial Officer Jeff Atwater and Attorney General Pam Bondi announced today the conviction of former insurance agent Neal Seth Smalbach, 50, of Palm Harbor, for grand theft in misrepresenting details of financial products to more than 30 senior clients who suffered losses of more than $2 million in unsuitable financial investments.
practices will not be tolerated.”
An investigation by the Department of Financial Services’ Division of Insurance Fraud revealed that Smalbach misrepresented factual details of investment products to multiple senior citizens for personal gain. As a result of Smalbach’s misrepresentations, an estimated $4.6 million was invested by seniors in products that Fla. Attorney General were unsuitable for them.
“This is a great victory in the fight to protect seniors Pam Bondi from financial crimes,” The Division of Agent said CFO Atwater. “I applaud the fraud and Agency Services also conducted investigators, prosecutors, and all an investigation and found that those involved in bringing this Smalbach falsified two criminal to justice. This case applications for insurance. As sends a clear message that if a result, Smalbach agreed you prey on seniors or anyone to surrender his insurance who is vulnerable in Florida, licenses, permanently you will be put behind bars.” banning him from the insurance industry. “We put this criminal behind bars by working together, The Attorney General and we were able to obtain Pam Bondi’s Office of restitution for consumers Statewide Prosecution who were affected by prosecuted the case these shady deals,” on behalf of the Fla. CFO Jeff Atwater. stated Attorney General senior victims. As a Pam Bondi. “Smalbach result, Smalbach was profited from knowingly misguiding sentenced to seven years in prison elderly investors into making risky followed by 10 years’ probation and investments they did not qualify was ordered to pay full restitution to for, and these dishonest business the victims. www.underwritersinsider.com
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DARIEN, GA AGENT ARRESTED ON FELONY INSURANCE FRAUD CHARGES
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arien, GA - After a joint investigation by the Georgia State Board of Workers’ Compensation’s Enforcement Division and fraud investigators belonging to the Georgia Insurance Commissioner’s Office, licensed insurance agent and agency owner Dennis Avera was arrested in April on multiple charges of felony insurance fraud. The basis for most of the charges were allegations that Avera had collected Dennis premiums from consumers for Workers’ Compensation insurance - but failed to place the coverage while issuing fraudulaent certificates of insurance.
Avera, 58, owns Sapelo Insurance Agency (A.K.A. Avera Insurance Agency) at 1026 Blounts Crossing in Darien, GA. Investigators also state he owns an office in in Ludowici, Ga. Accoreding to one of the investigators, “The greed and deception of Avera is egregious,” said Bexley. “This type of fraudulent activity not only leaves honest businesses unprotected with regards to insurance Avera, Jr. coverage, it also puts the health and welfare of legitimately injured workers in jeopardy when no workers’ compensation insurance is available.”
FLORIDA JUDGE RULES THAT FLASHING OF HEADLIGHTS IS FREE SPEECH
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n Florida, you now have the right to warn oncoming motorists of an impending speed trap by flashing your lights. Last August, Ryan Kinter was ticketed in Seminole County, Florida for doing exactly that. Kinter and his attorney successfully argued that motorists communicating with each other via flashing lights is protected under
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the First Amendment to the U.S. Constitution. One might assume that law enforcement would applaud the behavior since their stated purpose in enforcement is to have drivers slow down for safety - but the reality is giving tickets for traffic violations is regrettably as much about revenue as it is about traffic safety.
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Former Prime Minister of Britain, Margaret Thatcher passed away April 8, 2013. Two of her famous quotes stand in direct opposition to the infamous words of farleft MSNBC host Melissa Harris-Perry last month (see Say What? Pg 26) where she stated empirically that children belong to the collective state - not to the parents.
“Socialists cry ‘Power to the people’, and raise the clenched fist as they say it. We all know what they really mean—power over people, power to the State.” “Communist regimes were not some unfortunate aberration, some historical deviation from a socialist ideal. They were the ultimate expression, unconstrained by democratic and electoral pressures, of what socialism is all about. … In short, the state [is] everything and the individual nothing.” The Underwriter’s Insider
FORMER N.C. DEPUTY FIRE CHIEF ACCUSED OF EMBEZZLING FUNDS
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ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of George Fredrick Moore III, 48, of 170 Lake Haven Drive, Snead Ferry; he was charged with four felony counts of embezzlement. www.underwritersinsider.com
Department of Insurance criminal investigators allege that between Feb. 23, 2009, and March 8, 2012, while acting as deputy fire chief of the North Topsail Beach Volunteer Fire Department, Moore embezzled approximately $61,000 from the department’s Firefighters’ Relief Fund. The purpose of the fund is to provide financial assistance to firefighters who have been injured or killed while performing fire department duties. Investigators accuse Moore of withdrawing money on 22 separate occasions for his personal use. Moore was arrested on April 4 with the assistance of the Onslow County Sheriff’s Office and placed under a $40,000 unsecured bond. The
Department
of
Insurance
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employs 20 sworn state law enforcement officers dedicated to investigating and prosecuting claims of insurance and bail bonding fraud. Since Insurance Commissioner Wayne Goodwin took office in 2009, criminal investigators have received more than 16,800 complaints, resulting in 720 arrests and 380 criminal convictions. These efforts have delivered more than $50 million in restitution and recoveries for victims. An estimated 10 cents of every dollar paid in premiums goes toward the payment of fraudulent claims. To report suspected fraud, contact the Department of Insurance Criminal Investigations Division at 919-807-6840. Callers may remain anonymous. Information is also available at www.ncdoi.com. 15
TEXTING WHILE DRIVING PENALTIES VARY WIDELY
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ANCHO CUCAMONGA, Calif., April 16, 2013 /PRNewswire/ -- What could set you back more than $10,000, put you in prison for up to a year, cause you to drive the length of an entire football field basically blindfolded, and increase your insurance rates by around 10 percent in some states? Using your phone to read and send text messages while driving. But in some states, the penalties for using your phone while driving are much more serious than in others. In a new study looking at statewide texting-while-
driving bans, OnlineAutoInsurance.com ranks the five harshest and five weakest statewide penalties for shooting off a text from behind the wheel. According to the study, the following states had the harshest and weakest maximum penalties for a first offense: Where a state landed in the rankings depended on the fine size, possible jail time, enforcement guidelines, and whether a texting violation is considered a moving violation that will add points to a driver’s record.
Harshest: 1. Alaska 2. Utah 3. Maine 4. Wisconsin 5. New York
Weakest: 1. Virginia 2. Iowa 3. Indiana 4. Delaware 5. Pennsylvania The harshest statewide ban was in Alaska, where the maximum penalty for a first offense is a $10,000 fine and a one-year prison sentence if the incident wasn't related to an accident with injuries. The weakest ban was in Virginia, where a fine for texting while driving is currently only $20. The study was conducted to highlight Distracted Driving Awareness Month. OnlineAutoInsurance.com has other informative resources for consumers and the media to better understand the safety and economic angles of what has become a dangerous habit for Americans on the road. Readers interested in learning more should read our article on whether a texting ticket can raise your car insurance rates and check out our texting-while-driving infographic with startling stats on the dangers and prevalence of texting from behind the wheel. SOURCE Online Auto LLC
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MISSISSIPPI COMMISSIONER MIKE CHANEY INDUCTED INTO MSU INSURANCE HALL OF FAME MID Director of Statutory Compliance Nancy Cross
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Also Inducted
tarkville -Mississippi Insurance Commissioner Mike Chaney has been recognized for his service to the citizens of Mississippi with induction into one of the most prestigious insurance-related groups in the state.
University, Amy Tuck. During her induction remarks, Tuck noted the many accomplishments Chaney has been responsible for during his tenure as Insurance Commissioner, among them recovering over $15.2 million for the citizens of the state, serving as chairman of the prestigious “C” Committee of the National Association of Insurance Commissioners, a first for Mississippi. Tuck noted that Chaney has also recruited over 140 new companies to do business in the state and continues to lead the effort to secure more affordable insurance for all the state’s residents by creating stability and predictability in the marketplace.
Chaney was inducted Wednesday to the Mississippi State University Insurance Hall of Fame. The induction was part of Mississippi State’s annual Insurance Days. Chaney was joined as an inductee by Nancy Cross, Director of the Mississippi I n s u r a n c e Under Commissioner D e p a r t m e n t ’s Chaney’s leadership Division of the department Statutory c h a n g e d Compliance Mississippi Ins. Commissioner regulations to who has been Mike Chaney allow two-year an employee licensing of of MID for over 53 years, serving 4 agents, saving taxpayer dollars different Commissioners – Walter and making life easier for agents. Dell Davis, Evelyn Gandy, George Also provided for the electronic Dale and Mike Chaney. filing of license renewals and Chaney’s induction was handled by former Mississippi Lieutenant Governor and current vice president of Mississippi State www.underwritersinsider.com
administrative requests. Fully 96 percent of agents now utilize the electronic system to
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obtain and maintain their licenses; Chaney has also led the effort to provide low-cost disability insurance to the states’ over 13,000 volunteer firemen and women if they are injured in the line of duty and led in banning novelty cigarette lighters to protect children from accidental fires. In an effort to help the state recover from the effects of Hurricane Katrina Chaney led an effort to complete a $1 million hurricane wind mitigation study that garnered national recognition as one of the best studies ever produced on the effects of strengthening homes against hurricaneforce winds and led the effort to create a $20 million-plus grant-based mitigation program for homeowners in the Gulf Coast counties which is now underway. Chaney and Cross join a distinguished list of recent inductees to the Hall of Fame including: Maj. Gen. Harold Cross, former adjutant general of Mississippi, Rod Moore, chief executive officer of Southern Farm Bureau Casualty, Andy Everett, vice president of Stewart, Sneed, Hewes/ BancorpSouth and Chris Boone, Executive Vice President & Chief Marketing Officer at BancorpSouth Insurance. 17
region), Montgomery Insurance (Southeast region) and Peerless Insurance (Northeast region).
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North Palm Beach, Florida agency was fined $7,000 and put on 6 month probation. In a consent order signed in January of this year, Celedinas Insurance Agency agreed to the fine and probation after a Florida Department of Insurance Regulation investigation found an agency CSR conducting insurance business outside the office. Under Florida law, licensed CSRs are allowed to have substantial conversations regarding insurance coverages - but only within the confines of the agency.
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trickland Insurance Brokers, an MGA founded in 1969 of Goldsboro, North Carolina has acquired the assets of Palmyra, Virginia-based Tower Transportation Underwriters Inc, an MGA with offices in Virginia and Delaware handling transportation risks.
Group. Berkley Southeast will be based in Atlanta, Georgia. The group will provide standard commercial lines insurance in six southeastern states: Mississippi, Alabama, Georgia, Tennessee, North Carolina and South Carolina. Berkley Southeast will be distributing their insurance products through the independent agency system.
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iberty Mutual Insurance Company will be phasing out its regional brands for commercial insurance in order to focus more on the Liberty Mutual name. The brands to be eliminated over the next year include Ohio Casualty, America First Insurance (Southwest region), Colorado Casualty (Mountain region), Golden Eagle Insurance (Pacific region), Indiana Insurance (Midwest region), Liberty Northwest (Northwest
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W
onder why college tuitions are growing so quickly? Former athletic director at Rutgers University, Tim Pernetti, will be paid his base salary of $453,000 per year through June 2014 and a one-time payment of $679,500 in the next month. He will be paid even if he takes another job. In addition, he will receives his $12,000-per-year car allowance through June 2014 along with health insurance and pension payments through October 2015. All this after being fired by the university for reasons relating to the termination of Mike Rice, the basketball coach who was physically and verbally abusing his players.
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ccording to recent reporting by Insurance Journal, “A Florida court’s ruling that the state’s 104-week limit on injured workers’ temporary benefits is unconstitutional could increase costs by $65 million, says the workers’ compensation industry’s
limination of a $220 million tax break for Florida auto insurers is being considered by state lawmakers, some of whom argue that the insurance industry is sufficiently financially sound to absorb the hit to their revenues should the tax break be eliminated.
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ennsylvania based Eastern Alliance Insurance Group has opened offices in Madison, Mississippi. The regional office will offer worker’s compensation coverages and make available policyholder services. Steven Weeks has been appointed a regional business executive for the office.
W of
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. R. Berkley Corporation announced the formation Berkley Southeast Insurance
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rating organization. The case arose from a claim filed by St. Petersburg firefighter and paramedic Bradford Westphal, who exhausted the state limit of 104 weeks of temporary benefits and yet was denied further benefits since his physicians could not determine his long-range medical prospects. As a result, he was left without benefits despite being medically advised not to work and with no assurances about the future of his claim.”
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he Pittsburgh Post-Gazette reports that health insurance is becoming a rare work benefit: “The share of under-65 Pennsylvanians getting their health care through an employer dropped from 78 percent in 2000 to 67 percent in 2011. But Pennsylvanians still are more likely to receive health insurance through work than the national average of 59.5 percent, which is down from 69.7 percent in 2000. The cause of the drop is two-fold and straightforward: fewer private sector employers (about half ) are offering health care coverage, and even when there is an employer health plan available, fewer employees are signing up. Skeptics of the Affordable Care Act believe the reform law gives companies an incentive to dump their workers onto exchanges over the next decade, which would further reduce the percentage of people getting health care through work.”
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ot all states will enforce Obamacare mandates. Missouri, Wyoming and Oklahoma, for example, have informed the feds they won’t or can’t enforce the law. Florida has advised it will not penalize companies that fail to comply and Pennsylvania is not sure it has the legal authority to enforce the law. Obamacare enforcement is shaping up to be one of the most acrimonious application of law since our nation’s birth. www.underwritersinsider.com
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he State of Texas leads the nation in the number of people without any form of health insurance: a total of 6,080,000. While 40% of that subset is eligible for coverage under Obamacare. Ironically, the Texas medical community claims there are not sufficient health care providers to service that new influx of patients and that healthcare for all may suffer.
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discern a rule of thumb here: The more that human lives are governed by compulsion and entitlement rather than freedom, choice and personal responsibility, the outcomes are uniformly undesirable. Compulsion and entitlement -- meaning liberal government and union power -means less service, less efficiency, more fraud, corruption and waste, and insensitivity to changes in the marketplace. If we are going to save our cities, we need to get back to what built them in the first place: Freedom, enterprise and entrepreneurship.”
recent report on the decay of America’s urban population centers by controversial conservative black activist Star Parker on her popular website www.urbancure.org reveals true wisdom: “The travesty now taking ccording to a 4/15/13 report in place in Detroit should be carefully Business Insurance, “[A] former watched by all Americans. This is not New York Giants linebacker Marcus an exception to the rule, but rather just Buckley and a Gallagher Bassett the latest case study of a pathology Services Inc. workers compensation dragging down adjuster allegedly the whole schemed to defraud the nation. And it’s third-party administrator a pathology out of more than $1.5 for which lowmillion, an indictment income minority states. Mr. Buckley played Americans are with the Giants from 1993 paying the to 2000, then played for dearest price. the Atlanta Falcons for one Walter Williams, season. During the time a George Mason he played with the Giants, University the team purchased economics workers comp insurance professor, has from Pennsylvania Star Parker noted that the Manufacturers Association common denominator of the nation’s Insurance Group, according to the 10 poorest cities with populations grand jury indictment filed April 10.” over 250,000 is that for decades they all have been controlled by liberal, rown & Brown, Inc. (NYSE: BRO) Democratic mayors, the majority of announces that it will release which have been black. Detroit is No. its 2013 first-quarter earnings on 1 on the list, with the largest share of Monday, April 15, 2013, after the close residents living in poverty. Detroit’s of the market. On Tuesday, April 16, former mayor, Kwame Kilpatrick, 2013, J. Powell Brown, President and son of former congresswoman and Chief Executive Officer, and Cory T. Congressional Black Caucus member Walker, Senior Vice President and Chief Carolyn Cheeks Kilpatrick, is now in Financial Officer of Brown & Brown, jail awaiting sentencing after being Inc., will host an investor update convicted on 24 counts of running a conference call concerning Brown & criminal enterprise out of the mayor’s Brown’s first-quarter 2013 financial office. The point is that we need to results.
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PROGRESSIVE INSURANCE SURVEY: 63% OF DRIVERS DON’T KNOW THEY PAY HIGHER CAR INSURANCE RATES TO SUBSIDIZE BAD DRIVING OF OTHERS Company will use data to push Snapshot Option New "Rate Suckers" national marketing campaign educates, empowers consumers to take control with Snapshot (R)
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AYFIELD VILLAGE, Ohio, Apr 08, 2013 -- Would you be upset to learn you're paying more for car insurance because of others' bad driving habits? Progressive(R) Insurance recently surveyed 500 consumers about their knowledge of auto insurance pricing and found: -- 63 percent of respondents didn't know that the bad driving of others affected their car insurance rates -- Men were less likely than women to think bad drivers affect everyone's rates -- At 30 percent, young consumers (ages 18-34) had the lowest awareness of any age group -- 89 percent of respondents said they would be upset if they found out they're paying more to offset the costs of underpriced drivers In its new, national integrated marketing campaign launching today,
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Progressive brings a problem most drivers don't know they have into sudden focus. In the ads, which will complement the Superstore campaign currently in the market, "Rate Suckers" jump and attach themselves to passing cars. The solution is Snapshot, which repels Rate Suckers once plugged into the car's onboard diagnostic port. "A Rate Sucker is simply an over-thetop manifestation of an underpriced driver and can be anybody--your mom, the guy next door, the waiter at your favorite restaurant," said Jeff Charney, Progressive's chief marketing officer. "We all probably know somebody we're subsidizing. Snapshot helps solve that problem; showing consumers that their good driving can reduce the impact other drivers have on their rate. This campaign is our line in the sand to the industry and a wakeup call to consumers." Insurance companies commonly price consumers by comparing them to drivers with whom they share basic characteristics, like age, gender, or vehicle year, make and model. These factors do not directly reflect individual driving habits, but until Snapshot, there wasn't a simple, reliable way to include how a driver actually drives when calculating a customer's rate. The result: Rate Suckers paying less than the risk they present, and good drivers paying more to cover the costs.
Progressive introduced Snapshot to give drivers a way to save more by showing they drive safely. Snapshot measures the number of times a driver brakes hard, the time of day and the number of miles they drive. With more than 6 billion miles of driving data, Progressive has found that adding these key driving behaviors predict the likelihood of a claim far better than traditional insurance rating variables alone, enabling Progressive to provide larger discounts, averaging $150 annually, to lower-risk drivers. "It seems obvious, but the best indicator of someone's likelihood to get into an accident is their actual driving behavior," said Dave Pratt, general manager of usage-based insurance at Progressive. "Having that information helps us provide a more personalized rate that gives people who drive safely the discounts they deserve. Not surprisingly, most customers who try Snapshot save money, are happier, and stay with us longer." To view the Rate Suckers TV ad, directed by Zombieland's Ruben Fleischer, visit http://youtu.be/vM6-12aprf8. For more information about the integrated campaign which will compliment Progressive' existing Superstore campaign, visit www.progressive.com/ ratesuckers. To learn about Snapshot, visit www.progressive.com/auto/ snapshot. The Underwriter’s Insider
IN SETTLEMENT WITH FTC, DEBT COLLECTORS AGREE TO STOP DECEIVING CONSUMERS AND PAY NEARLY $800,000
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onsumers Allegedly Were Tricked into Paying Unnecessary Fees and Falsely Threatened with Legal Action After allegedly misleading consumers into paying unnecessary fees and falsely threatening consumers with lawsuits, defendants in a debt collection operation have agreed to settle Federal Trade Commission charges.
when making payments on a debt or that they will be sued for not paying a debt.
the payment or paying online. Since 2008, the defendants have collected at least $799,958 in fees from consumers.
According to the complaint, debt buyer Security Credit Services, LLC, and Jacob Law Group, PLLC have
The FTC also alleged that Jacob Law Group implied that it would file lawsuits to collect the debts even when it did not intend to do so.
According to the FTC, the defendants led consumers to believe that the fee was unavoidable when, in fact, those who paid by mail or online did not incur the fee. The FTC also alleged that the companies violated the laws by falsely threatening to sue consumers as a means of getting them to pay.
The FTC alleged in its complaint that the defendants – a debt buyer and a debt collection law firm, both based in Mississippi – violated the FTC Act and the Fair Debt Collection Practices Act by deceptively charging consumers a fee for payments authorized by telephone. According to the FTC, the defendants led consumers to believe that the fee was unavoidable when, in fact, those who paid by mail or online did not incur the fee. The FTC also alleged that the companies violated the laws by falsely threatening to sue consumers as a means of getting them to pay. A debt collector is prohibited by law from using false, deceptive, or misleading representations or tactics when collecting a debt.
Under the terms of the proposed settlement, the defendants will pay $799,958 in restitution for consumers. The defendants also are barred from making any misrepresentations when collecting a debt, including false claims that consumers must pay an extra fee www.underwritersinsider.com
worked together since 2006 to collect debts nationwide. Security Credit buys consumer debt accounts, and contracts with Jacob Law to collect on them. The complaint alleges that Jacob Law called and pressured consumers to immediately make payments on their debts by authorizing electronic checks or credit or debit card payments over the phone. Jacob Law allegedly told consumers they were required to pay an additional fee of $18.95 for this service, but routinely failed to mention that they could avoid the fee by mailing
For consumer information about dealing with debt collectors, see Debt Collection. The Commission vote authorizing the staff to file the complaint and approving the proposed consent decree was 4-0. The FTC filed the complaint in the U.S. District Court for the Northern District of Georgia, Atlanta Division, on March 13, 2013, and has submitted the proposed consent decree to the court for approval.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendants have actually violated the law. The consent decree is for settlement purposes only and does not constitute an admission by the defendants that the law has been violated. Consent decrees have the force of law when approved and signed by the District Court judge. 21
ORDER APPROVED SETTLING CHARGES AGAINST RENT-TO-OWN COMPANIES WEB CAM SPYING ON CUSTOMERS
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ollowing a public comment period, the Federal Trade Commission has approved nine final orders settling charges that seven rent-to-own companies and a software design firm and its two principals spied on consumers using computers that consumers rented from them. The companies used software to take screenshots of confidential and personal information, log customers’ computer keystrokes, and in some cases take webcam pictures of people in their own
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homes, all without the customers’ consumers. The seven rent-toknowledge. own stores will also be prohibited from using information improperly In settling the FTC’s administrative gathered from consumers to collect complaint, the respondents will be on accounts. prohibited from using monitoring software and banned from using In addition, the software company, deceptive methods to gather DesignerWare, and its principals, information from consumers. Ronald P. Koller and Timothy Kelly, will be barred from providing The settlements will prohibit others with the means to commit the use of geophysical location illegal acts. All of the proposed tracking without consumer consent settlements contain record-keeping and notice, and bar the use of fake requirements to enable the FTC software registration screens to to monitor compliance with the collect personal information from orders for 20 years.
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The INSIDER’S
“The Final Authority on Everything!” If He Can Afford It, Do You Deserve It?
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work in a large agency and the boss is loaded. His grandfather left him the agency 20 years ago and I know he makes more money in a month than I make in 2 years. He owns 3 cars, a big boat and a house big enough to hold 3 families. I don’t hate him because he’s wealthy but I think Obama is absolutely right about raising taxes on the rich. It is their responsibility to help those less fortunate and he can afford it , believe me. You should reconsider some of the opinions on taxes that you’ve gone on about in The Insider. H.J. Ft. Lauderdale, FL
ADVISOR
more than $250,000 per year) as if they are somehow not currently paying their fair share. He’s right about one thing - they are not paying a fair share. In fact, they are being grossly overcharged - a situation on which the average American is woefully ignorant. If your boss is in the upper 1% of income
Wonder why are all tax cuts are billed by Democratic politicians as “tax cuts for the rich?” You can’t give tax cuts to the poor. They aren’t paying taxes! America is a meritocracy. In an ideal meritocracy, you provide equal opportunity - you don’t guarantee equal results. Based on talent, brains, application and effort, some people are going to do better, some much better, than others. Would you have it any other way?
It sounds, H.J., that you’ve caught a serious case of class envy, entitlement and wealth redistribution. Don’t worry - it’s going around and is extremely contagious. So your boss is doing well. He probably does have some money he could part without having to change his lifestyle or go hungry. But the question is this: Does the government have the right to come in and appropriate his property, at the point of a gun if necessary, and pass it around? He could probably afford to buy you a Mercedes Benz - but should he be forced to do so by the government? The right to hold and keep private property is fundamental to our republic. Your desire for the government to appropriate the wealth of some citizens and pass it around to others further erodes that fundamental right. Obama talks about raising taxes on the “rich” (those making www.underwritersinsider.com
earners, he and his fellow high-income earners are currently paying almost 40% of the personal tax burden — while the lower 50% of wage earners pay only 2.99% of the tax burden. Fair share? Or confiscatory taxation?
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Giant African Land Snails Coming to Your House?
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aybe if you live in S. Florida. The giant destructive mollusks can grow to 10” long and will eat just about anything in its path, including plastic and stucco and just about any plant. Florida scientists are studying methods of eradication, but no consensus as of yet. According to one expert, “They’re huge, they move around, they look like they’re looking at you ... communicating with you, and people enjoy them for that. But they don’t realize the devastation they can create if they are released into the environment where they don’t have any natural enemies and they thrive.”
INSURANCE AGENTS Growing commercial insurance agency looking for sales professionals in 48 States who have a huge appetite to sell and make a difference! Great support team and marketing strategy. With training, work ethic and the great support you are your only limitation. You can work from home if you have the discipline ! Bring your own book or build one with option to own the book. Send response to : TRUCKRISKMANAGEMENTPARTNER@GMAIL.COM 9-10
"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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“The politics has been relentless and that continues.
“ The fact that we are here today to debate raising
America’s debt limit is a sign of leadership failure. It is a sign that the US Government cannot pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies. Increasing America’s debt weakens us domestically and internationally. Leadership means that, ‘the buck stops here.’ Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better.” – ~ Senator Barack H. Obama, March 2006 - who has since enthusiastically raised our national debt by almost $7 trillion.
“ The future is not good for people
who sell health insurance. If you take time to read the 2700 pages of the Affordable Care Act (better known as Obamacare), it is obvious that they plan to make health insurance affordable by eliminating the health insurance agent and getting people to buy over the Internet.” - Blogger Don McNay writing on the adverse affect of Obamacare specifically on the topic of health insurance agents - seeming targeted for extinction by the Obama administration.
“ As I’ve already suggested, the old trick of blaming
the needy for their need doesn’t seem to play the way it used to, and especially not on health care: perhaps because the experience of losing insurance is so common, Medicaid enjoys remarkably strong public support. And now that health reform is the law of the land, the economic and fiscal case for individual states to accept Medicaid expansion is overwhelming. - Liberal New York Times columnist Paul Krugman arguing in favor of Obamacare - while accusing conservatives of blaming the needy - when in fact conservatives blame a bloated, debtridden, activist government proactively creating a dependency class - one that will continually vote for Democrats promising more and more taxpayer funded benefits. 26
There was some hope that once the Supreme Court ruled in July and then once an election occurred there would be a sense that, ‘This is the law of the land, let’s get on board, let’s make this work.’ And yet we will find ourselves having state by state political battles.” Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services seemingly surprised that a law that was passed against the express will of the American people - in fact rammed down their collective throats - is still at issue.
“We have never invested as much in public education
as we should have because we’ve always had kind of a private notion of children. Your kid is yours and totally your responsibility. We haven’t had a very collective notion of these are our children. So part of it is we have to break through our kind of private idea that kids belong to their parents, or kids belong to their families, and recognize that kids belong to whole communities.” - Melissa Harris-Perry, MSNBC host in a spot for the network’s “Lean Forward” campaign incredibly making the case that our children belong to the collective - to the state and not to us.
“The
notion that children belong to a state government rather than their own flesh and blood is the most disturbing statement made in recent political times. Melissa Harris-Perry is dead wrong. It’s unfathomable that any true American could make such a pretentious and naively ill statement. The government can’t properly run their own budgets schools and public systems. Why would anybody think they could rear children?” Media communications expert, and parent, Angie Olszewski responding to Melissa Harris-Perry’s neo-Marxist comment above.
“It’s bad enough that ‘Lean Forward’ already sounds
like an ad for Mao’s Little Red Book, then to have your network’s hosts talk about your children being part of the Collective is just spooky. I think most parents disappoint MSNBC with their traditional beliefs that their children are theirs to love and raise as they feel is best. They don’t want to surrender their parental rights to the ‘village.’ It’s this same contempt for education beginning in the home that spurs many parents into home-schooling.” - The Media Research Center’s Director of Media Analysis, Tim Graham, also calling the MSNBC spot “frightening.”
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GOV’T STUDY: 5% OF CONSUMERS HAD ERRORS ON THEIR CREDIT REPORTS
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onsumers Should Check Their Credit Reports for Free Using AnnualCreditReport.com
One in four consumers identified errors on their credit reports that might affect their credit scores; One in five consumers had an error that was corrected by a credit reporting agency (CRA) after it was disputed, on at least one of their three credit reports; Four out of five consumers who filed disputes experienced some modification to their credit report; Slightly more than one in 10 consumers saw a change in their credit score after the CRAs modified errors on their credit report; and Approximately one in 20 consumers had a maximum score change of more than 25 points and only one in 250 consumers had a maximum score change of more than 100 points.
A Federal Trade Commission study of the U.S. credit reporting industry found that five percent of consumers had errors on one of their three major credit “The results of this reports that could first-of-its-kind study lead to them paying more for products make it clear that such as auto loans consumers should and insurance. Overall, the congressionally mandated study on credit report accuracy found that one in five consumers had an error on at least one of their three credit reports.
check their credit reports regularly. If they don’t, they are potentially putting their pocketbooks at risk.”
“These are eye-opening numbers for American consumers,” said Howard Shelanski, Director of the FTC’s Bureau of Economics. The study, in which participants were encouraged to use the Fair Credit Reporting Act (FCRA) process to resolve any potential credit report errors, also found that: www.underwritersinsider.com
Other study results can be found in the executive summary of the report.
“Your credit report has information about your f i n a n c e s and your bill-paying history, so it’s important to make sure it’s accurate,” said Charles Harwood, Acting Director of the FTC’s Bureau of Consumer Protection. “The good news for consumers is that credit reports are free through annualcreditreport. com, and if you find an error, you can work with the credit reporting company to fix it.”
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2005 Issue 5 29
A HOUSE DIVIDED: GUIDE YOUR CLIENT’S INSURANCE DECISIONS FOLLOWING A DIVORCE OR SEPARATION I.I.I. Offers Tips on Coverages to Review in the Event of a Break-Up
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EW YORK, April 15, 2013 — Whether you are married or living with a partner, the process of ending a relationship can be extremely complicated. Many aspects of your life will be affected, including your insurance needs, according to the Insurance Information Institute (I.I.I.). “When discussing the financial aspects of a divorce or a break-up, insurance considerations should be a key component in ongoing and final decisions,” said Jeanne M. Salvatore, senior vice president and consumer spokesperson for the I.I.I. “Dividing up property, changing homes, and altering life insurance policies must be discussed to make sure that both parties, as well as children or other dependents, are financially protected after the separation is completed.” The I.I.I. suggests couples review the following coverages if they plan to separate or divorce:
1. Auto Insurance Let your auto insurance company know if there is a change of ownership, or designated driver, for any cars you owned as couple. If you or your former spouse or partner moves to a new home, you should get a separate auto policy immediately. And if either of you needs to buy a new car, arrange 30
for a new auto policy before the car is registered. Removing a former spouse or partner from the insurance policy also protects you from possible liability if he or she is involved in an accident and gets sued. “If you are separated and your spouse or partner is paying the insurance bills, make sure to provide your contact information to the insurance company as well,” noted Salvatore. “This way you can be notified if your spouse is in arrears. You don’t want to find out after an accident that your coverage was cancelled for lack of payment.” If you have joint custody of a teen driver, decide which cars or cars they will drive and have them listed on the correct auto insurance policy.
2. Homeowners and Renters Insurance Divorce and separation will generally result in a change of residence as well in moving personal items from one location to another. You will need to determine if one party will be staying in the current home or if both parties are moving into new residences. Regardless of where you will be living after the separation, make sure to get the proper type and amount of homeowners or renters insurance for your new house or apartment. Personal possessions are also going to be divided between the parties. It is important that each person let their insurance company know the
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value of their possessions in their new home. If one party retains valuable jewelry, art or other luxury items in the settlement, they should inform the insurer whether to cancel or add any special floaters or endorsements to the policy for these items. Having an up-to-date home inventory, can help with this process; and each person should now take steps to create their own inventory once the belongings have been divided. An inventory can help you purchase the correct amount of insurance and speed up the claims process when there is a loss. To make creating your inventory as easy as possible, you can use the I.I.I.’s free Web-based home inventory software and app, Know Your Stuff® Home Inventory.
3. Life Insurance Couples buy life insurance for a variety of reasons, including covering existing and anticipated debts and financial obligations as well as providing an income and/or inheritance for dependents in the event of the death of one or both of the spouses or partners. When a couple divorces or splits up, these obligations may still exist. Married couples often list each other as the primary beneficiary on life insurance policies, and should think carefully before making any changes during a separation. There may be good reasons to keep life insurance
See Break-Up Decisions Pg 35 The Underwriter’s Insider
Continued from Page 10
ZALMA complied with and the action is started within five (5) years from the date the loss occurs. Three months after filing suit, Coral Towers provided the sworn proof of loss. The first opportunity Citizens had to inspect the property was in early August of 2010. In discovery, Coral Towers admitted knowledge of the loss in November 2005, and that a roofer had repaired the elevator, roof, and surrounding walls in December 2005. The roof continued to leak and Coral Towers obtained estimates to replace the roof. The latter of the estimates was for $259,269.20. The reason Coral Towers alleged it did not notify Citizens immediately after Hurricane Wilma was because initially there was a question of whether the damages would exceed the policy deductible.
appeal are whether Coral Towers’ notice of loss was timely and, if not, whether Citizens was prejudiced by the late notice.
ANALYSIS There was no factual dispute that Coral Towers failed to give timely notice of the loss. When an insurance contract contains a provision which applies to notice of the damage claim, an insured must give notice of the loss that implicates a potential claim without waiting for the full extent of the damages to become apparent. Prejudice is assumed when the insured does not give notice of a possible claim [Ideal Mut. Ins. Co. v. Waldrep, 400 So. 2d 782 (Fla. 3d DCA 1981)].
not sufficient for the court to reach a decision since it also needed to establish whether Coral Towers can overcome the presumption of prejudice to Citizens caused by the late notice. If not, summary judgment was appropriate. Based on its second extensive review of the record and the case law, the court of appeal concluded that Coral Towers failed to overcome this presumption at the hearing for summary judgment. An insurer is prejudiced by untimely notice when the underlying purpose of the notice requirement is frustrated by late notice. Failure to give timely notice creates a presumption that the insurer was prejudiced. The insured may rebut the presumption of prejudice by alleging and showing that the late notice did not prejudice the insurer. In other words, once the presumption of prejudice exists, the burden shifts to the insured to show that the insurer was not prejudiced by the insured’s late notice.
In September 2011, Citizens Coral Towers was unable moved for summary http://www.zalma.com/zalmabooks.htm to find sufficient facts to judgment on grounds that overcome the presumption Coral Towers was barred of prejudice resulting from its late from recovery as a result of the Here there is no genuine factual failure to give prompt notice and dispute that Coral Towers failed to notice to the insurer. The closest failure to provide a sworn proof give timely notice as required by Coral Towers comes is a conclusory of loss within sixty days. Citizens the Citizens policy in question. The statement by one of its engineers alleged that it was prejudiced by the reasons given by Coral Towers for that, in his opinion, the late notice inability to investigate and evaluate the late notice should not excuse did not prejudice Citizens. A the claim under the policy. Coral Coral Towers’ failure to comply with simple conclusory statement is Towers maintained that the type of the policy requirements of prompt not sufficient evidence required damages it had sustained appeared notice. Therefore, the court of appeal to overcome the presumption of over time and would not have found the trial court was correct in prejudice. necessarily evidenced themselves finding that Citizens was prejudiced within the first two years after the by the late notice. hurricane. The two issues addressed See Zalma Pg 35 by the trial court and presented on The existence of prejudice itself was www.underwritersinsider.com
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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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HTC 8X
another great option for Windows Phone fans.
Nexus 4 Launched last November, this popular unlocked phone from Google and LG has a 4.7-inch display. How popular is it? It’s often back-ordered 1 to 2 weeks!
The wait is worth it, though. The combination of quad-core processor and stock Android Jelly Bean - unencumbered with carrier “extras” - make the Nexus 4 a very snappy smartphone.
See KIM KOMANDO Page 34
Want something different than iOS or Android? The Windows Phone 8 operating system is a good place to look. Its unique “live tile” home screen is a definite winner. If you want to try it out, the HTC 8X with 4.3-inch display is an excellent choice. This sleek and compact phone boasts a speedy dual-core processor and 1GB RAM on the inside, which is a big improvement over past Windows Phone units. Plus, it’s 4G LTE-capable. The Windows Phone 8 operating system has far fewer apps available for it, compared to iOS and Android, but you’ll stay productive with mobile versions of Excel, Word, OneNote and PowerPoint. The built-in People Hub keeps all your social media feeds organized in handy place. Non-expandable storage maxes out at 16GB, but that can be extended with Microsoft’s SkyDrive cloud storage service. Cost: $100 (16GB), with a 2-year Verizon or AT&T contract; $130 with a 2-year T-Mobile contract. Although thicker and heavier, the Nokia Lumia 920 ($100, AT&T ) is www.underwritersinsider.com
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Continued From Page 33
KIM KOMANDO Although it’s limited to HSPA+ “4G” connectivity, that’s fast enough for an average user. Note that it will only work on GSM networks like AT&T and T-Mobile. The previous version of the Nexus had a so-so 5MP camera. The 4’s 8MP camera is a lot better and more fun, especially when taking panoramas. Both vertical and horizontal images can be stitched into stunning Photo Sphere pictures. Cost, unlocked from Google: $299 (8GB); $349 ($16GB). T-Mobile is currently selling the Nexus 4 for $50 (Web-only, after a mail-in rebate of $50) with a 2-year contract.
Samsung Galaxy Note II There were a few jeers when Samsung unveiled the Galaxy Note II, a “phablet” (phone + tablet) with a gigantic 5.5-inch screen that’s includes an advanced S Pen stylus. Despite that, it has become a top choice of many mobile business users who need 4G connectivity and like to quickly jot down notes, make annotations and run two apps side by side. The Galaxy Note II features a quadcore processor and runs on Android Jelly Bean. You can expand the 16GB or 32GB of internal storage up to an additional 64GB using a microSD card.
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Cost: $300 (16GB) with 2-year contract from Sprint, Verizon and AT&T; $369 with T-Mobile contract.
Samsung Galaxy S4 The Samsung Galaxy is the phone line that grabbed attention away from the iPhone and shifted it toward Android. The 4G LTE Galaxy S4 is the best version yet. With its polycarbonate shell available in white or gray, it looks a lot like the S III, but the S4 is lighter and thinner and features an expanded 5-inch HD screen, 13 MP rear camera and faster quad-core processor. Samsung integrated a ton of useful, customized software features into the 4.2.2 Android Jelly Bean operating system. S Translator allows you to converse in 10 different languages while using email or the ChatOn instant messaging app. With S Health, fitness buffs can turn the phone into a pedometer and calorie-counter. In the car, control the phone hands-free with S Voice Drive. Infrared technology allows users to tilt the phone up or down to scroll. You can also use your finger like an S Pen, but there’s no need to actually touch the screen - just hover slightly above it. A video will pause if you look away from the screen and resume when you look back. The IR capability, by the way, also puts the S4 to work as TV remote. Choose storage of 16, 32 or 64 GB, which can be expanded with up to a 64 GB microSD card. Cost: Not known yet. Available in
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late April at AT&T, Verizon, Sprint and T-Mobile.
LG Optimus G LG proved it can still make a splash in the smartphone world with the Optimus G, a close cousin of the Nexus 4. Sprint’s version features a powerful 13MP camera, although AT&T’s model is no slouch at 8MP. Sprint’s model has 32 GB of non-expandable storage, while AT&T’s 16GB Optimus can be expanded via microSD card. Either way, you’ll get a blazing fast quad-core processor, 2GB of RAM and a nice 4.7-inch display. Right now, the Optimus G is stuck on Android Ice Cream Sandwich, but it should get an update to the newer Jelly Bean soon. Cost: $50 ($32GB) with a 2-year Sprint contract, new line only; $100 (16GB) with a 2-year AT&T contract. Copyright 2013, WestStar Multimedia Entertainment. All rights reserved. Kim Komando hosts the nation’s largest talk radio show about consumer electronics, computers and the Internet. To get the podcast, watch the show or find the station nearest you, visit: http://www.komando.com/ listen. To subscribe to Kim’s free email newsletters, sign-up at: http://www. komando.com/newsletters
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ZALMA ZALMA OPINION Insurance is a contract of utmost good faith. In the custom and practice of insurers in the United States an insurer is entitled to determine for itself what risks it will accept and know all the facts relative to the risk the applicant seeks to insure. The insurer has the unquestioned right to select those whom it will insure and to rely upon him who would be insured for such information as the insurer desires as a basis for its determination to the end that a wise discrimination may be exercised in selecting its risks and resolving claims. Both the insured and the insurer must deal in good faith with each other so as not to deprive the other of the benefits of the contract of insurance. Insurers recognize that they are dependent on the utmost good faith of their insureds viewed as both a legal rule and as a tradition honored by insurers and insureds in their ongoing commercial relationships. Failure to report a loss promptly violates the obligation of the insured to deal with the insurer in good faith. Every insured, once it has notice of a claim, whether it believes the potential loss is covered or not, whether it is above the deductible or self-insured-retention or not, must be reported promptly so as to not prejudice the rights of the insurer and thereby deprive the insured of the right to recover the benefits of the policy. Silence gains nothing for the insured. Reporting the claim protects the rights of the insured. www.underwritersinsider.com
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BREAK-UP DECISIONS coverage on a former spouse. If one party is providing alimony and child support to the other, this may mean a loss of income to the surviving party if he or she dies. Some divorced couples may also consider keeping (or purchasing) life insurance on the spouse who has the primary responsibility for raising the children. If he or she dies, costly childcare will need to be arranged and financed. In such cases, the divorce decree should include the funds to pay the premiums on this life insurance policy. If a divorced couple is purchasing life insurance solely to provide financial
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protection for their children, they may want to consider purchasing term coverage rather than whole life. Term is generally cheaper and it is designed to provide protection for a specific period of time—for example, until the children reach the age of 21. If there are no children involved, then changing the beneficiary on an existing life insurance policy may make sense. Beneficiary designations should also be reviewed on all retirement accounts, bank accounts, investment accounts and other assets, as well as on any group insurance through an employer.
4. Disability Insurance Many people underestimate the risk of disability. Yet, between the ages of 25 and 55, a person is more than twice as likely to become disabled through an accident or disease, as they are to die. If a former spouse becomes disabled and cannot work, it could threaten alimony and child support payments, so it is important to safeguard against this possibility by specifying that his or her income be covered by a private disability insurance plan.
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FLORIDA ANNOUNCES ARRESTS OF TWO MIAMI-DADE COUNTY RESIDENTS FOR $35 MILLION IN FRAUDULENT TRANSACTIONS IN ‘OPERATION DIRTY MONEY’ SCHEME
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ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced the arrests of John Diaz, 45, Pinecrest, for money laundering, organized scheme to defraud (first-degree felonies), multiple money service business violations (second-degree felonies), and two counts of workers’ compensation fraud (both thirddegree felonies) and Mercedes AvilaDiaz, 44, Pinecrest, for two counts of workers’ compensation fraud (both third-degree felonies).
A Workers’ Compensation Fraud Task Force investigation revealed that a total of $35 million in fraudulent transactions occurred at Diaz Supermarkets, a licensed money service business, owned and operated by Diaz since 2006. As a result of the search warrants executed in MiamiDade County at four Diaz Supermarkets locations and one administrative office, a total of $640,000 was seized in forfeiture along with three vehicles. The investigation also revealed that
Diaz and Avila-Diaz jointly owned and operated Diavila Enterprises, Inc., which was advertised as a tax preparation company, since 2003. This company had been operating for nearly 10 years without the required workers’ compensation coverage, a third-degree felony. Diaz and Avila-Diaz collectively face up to 95 years in prison if convicted on all counts. The Miami-Dade County State Attorney’s office will be prosecuting this case.
SMACK DOWN! RAND PAUL SCHOOLS OVERREACHING GOVERNMENT BUREAUCRAT KATHLEEN HOGAN ON CONSUMER CHOICE
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ashington, D.C. - Sick and tired of the government telling you what light-bulb you can buy or what toilet you can install
in your home? You’re going to love the smack down that Sen. Rand Paul hands to Dr. Kathleen Hogan, Deputy Assistant Secretary for Office of Energy Efficiency
Click on Image to View Video
and Renewable Energy of the U.S. Department of Energy. Pointing out the hypocrisy of the so-called “pro-choice” liberals when it comes to consumer choices, Rand tells Hogan he is tired of being forced into buying decisions by well-meaning government nanny-state bureaucrats rather than allowing the free market and consumer choice to work. Paul: “The thing is, you busy bodies always want to do something to tell us how to live our lives better. Keep it to yourselves! Convince us through persuasion, but don’t threaten to put us in jail or put us out of business because we don’t accept your way of thinking.”
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9:00 a.m. – 12:00 p.m.: Progressive Insurance presents 3 hours CE 12:00 p.m. – 1:00 p.m: Lunch on your own 1:00 p.m. – 3:00 p.m.: “Localize, Mobilize, Socialize” (part 1 of 2) (3 hours CE). You must attend both parts to earn any CE credit 3:00 p.m. – 5:00 p.m.: Trade Fair 5:00 p.m – 6:00 p.m.: “Localize, Mobilize, Socialize” (part 2 of 2) (3 hours CE). You must attend both parts to earn any CE credit 5:00 p.m – 7:00 p.m.: Cocktails in Hospitality Suite 7:00 p.m. – 10:00 p.m.: AccuAuto Welcome Reception at Beach Pavilion
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7:00 p.m. – 10:00 p.m.: United Auto Insurance Company Cocktail Party at Beach Pavilion
Special Rate Cutoff is April 15th Rooms at Sonesta Resort Hilton Head Island are only th $169.00 per night. Special Rate Cutoff is April 15 or whenever they sell out of rooms. Custom Online Registration or call 1-617-806-4631 and guests should reference the name of the group as The AccuAuto GA/SC Insurance Conference so they will receive our negotiated rate of $169.00. Agents & CSRs may attend for free. Reps from non-participating companies are persona non grata. Earn up to 9 hours Classroom CE on Insurance Agency Management & Internet Visibility & Social Media Meet Company Reps in Trade Show Agents & CSRs Registration: http://accuautoagent13.eventbrite.com Exhibitors / Sponsors Registration at http://accuautorep13.eventbrite.com May 16 – 18, 2013
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