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


News 7 7 8 8 10

Rockwood Has The Answer For Agent E&O Insurance


Democrats Begin To Abandon ObamaCare Ship - Why? by Spencer Lehmann, RHU

14 14 14 15 16

Louisiana Consumers Receive $4 Million More In Claims In 2013


Smart Choice Partners With QQ Solutions To Provide Cloud-Based Agency Mgt. To Member Agencies


New York DOI Announces Insurance Fraud Arrests

North Carolina Agent Arrested Writing Fraudulent Policies Florida Leads The United States In Personal Watercraft Thefts Three Simple Steps To Create A Home Media Server - Kim Komando The Covenant Of Good Faith & Fair Dealing - by Barry Zalma, Esq.

Men Are Six Times More Likely To Die From Lightning... Want To Run With The Bulls In Spain? Watch This Video First! LAAIA Host 60th Annual Trade Fair Complete Insider Booth Pics Online! Reagan Consulting Publishes Growth & Profitability Survey For 2Q

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News 21 21 23 26 30 30 34 34 35 36 36 37 37 38 38 39 39 40 40 41 41

Florida Awards 4 Individuals - Tips Led To Discovery of $3.7M Fraud N. Carolina Insurance Agent Arrested And Accused of Embezzlement Why Not A $50 Minimum Wage? The Advisor Examines The “Living Wage” The Return Of The Spitzer-Weiner! Political Theater At Its Best! Couple Sentenced In Ohio Insurance Fraud Case Involving A/C Systems Boeing Working On Hybrid Aircraft That Could Reduce Fuel Use By 70% Russian Drivers - Be Afraid, Be Very Afraid! (Worse Than South Florida...) Solid State Drives - Faster, More Durable and More Efficient NASA’s Amazing Billion Pixel Panaramic Tour Of Mars! North Carolina Uncovers Large Alleged Staged Accident Scheme NY Progressive Insured Charged With 3rd Degree Grand Larceny Obama Daughters Listed As “Senior Staffers” On African Trip Bill O’Reilly Challenges Race Hustlers After Zimmerman Verdict Florida Officials: ObamaCare Forcing Up Premiums As Much As 58%! How To Recycle A Giant Air Force Jet It Ain’t Pretty... ObamaCare Call Center Workers Angry - Jobs Include No Healthcare! Careful - Your Samsung TV Might Be Watching You! North Carolina Insurance Agent Charged With Embezzlement Multiple Claims Lead To North Carolina Women’s Arrest - Fraud

Sponsors 4

Premium Finance Brokerage


Modern Insurance Consultants


Nat’l Insurance Underwriters


St. James Insurance Company


Aggressive Insurance


NASA - Eclipse Agency Mgt.


SLB Group




Encore HR Personnel Solutions


Orrin R. Beilly, Esq.


Barry Zalma, Esq.


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FYI Georgia View & News

Florida Agent, Four Others Arrested In $130K Comp Fraud Washington Times Puts 2nd Amendent Guide Online

Cover Photo: © R. Manera



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➨ Modern Insurance Consultants is a nationwide insurance agents E&O specialist and the #1 writer of agents E&O in Florida (FSLSO 2004 through 2010) ➨ Serving independent agents since 1994 ➨ One application gives you access to 18 markets writing agents E&O ➨ Modern Insurance Consultants has the E&O coverage you need • Limits available up to $10,000,000 • Premiums starting at $1,200 and deductibles as low as $1,000 • Exclusive E&O programs from A rated carriers • Insolvency, Defense Costs Outside the Limit and First Dollar Defense coverages available • 24 hour quote turnaround with our exclusive 2 page QuickQuote Application for agents and brokers available on our website

Have you been declined, non-renewed or rate increased? Apply now at 1348 Old Dixie Highway Homestead, FL 33030 ph: 305.248.9495 fax: 305.248.9496


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he insurance industry has recently seen some troubling trends in the Property and Casualty Agent’s Errors & Omissions (E&O) marketplace. Some carriers are instituting premium increases or placing restrictions on the types of risks they’ll write. Others are exiting the marketplace completely. As a result, agents are having difficulty securing quality E&O coverage at an affordable price. Like what you see? Click here to sign up for Insurance Newscast daily newsletter to get the latest on insurance industry news and related information. Rockwood Programs can help. We have been a premier provider of Insurance Agents E&O coverage for over 17 years. Our team administers three separate in-house programs for this target audience; this provides the flexibility required to tailor coverage to fit the individual needs of our insureds. Product highlights include: low minimum premiums starting at $1,250, multiple liability/retention options, and a competitive policy form. Coverage can be further enhanced to include Life/Accident & Health placements, Independent Contractors, First-Dollar Defense, and Defense Outside the Limit of Liability via endorsement. Rockwood can also offer Cyber Liability coverage for as little as $125. Up to $25,000 in Identity

Theft Coverage is provided at no extra cost to our Policyholders. Rockwood’s policyholders also have access to risk management/loss mitigation tools available including: Cash Management Procedures, Claims, Mail, Records, Newly Licensed Agent Warranty, Independent Contractors and Leases Employees and Surplus Lines/ Non-Admitted Companies. Rockwood recently acquired Modern Insurance Consultants in FL in order to provide our clients with the coverage options and great service they deserve! Our teams administer national programs underwritten through Lloyds, London. We also possess multiple appointments with other “A” rated carriers, in order to place virtually ANY P&C Agent’s E&O risk. For more information, please contact Mark Lann, Executive Vice President of Rockwood Programs, at Mark.Lann@ or by calling 305-248-9495 extension 9105. Contacts Rockwood Programs Mark Lann, Executive Vice President of Rockwood Programs 305-248-9495, extension 9105

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ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of David Alan Price, 51, of 3170 Patrick Henry Drive, Concord; he was charged with one count of obtaining property by false pretense. Department of Insurance criminal investigators allege that Price, a former insurance agent for Colonial Insurance, fraudulently obtained $2,196 in advance commissions for writing life insurance policies in November and December 2012. Price is accused of fabricating a company and filing 40 fraudulent applications for life insurance by listing himself, family members and friends as employees. Price was arrested on July 24, processed by the Cabarrus County Sheriff’s Office and released on a written promise to appear in court on Aug. 30. The Department of Insurance 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 18,600 complaints, resulting in 800 arrests and 430 criminal convictions. These efforts have delivered more than $55 million in restitution and recoveries for victims. 7

August 2013 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.

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f you live in Marathon, FL, own a Yamaha WaveRunner and it’s a Friday in July - go sit on it - because it is probably being stolen now. The National Insurance Crime Bureau reports that 5870 personal watercraft were stolen last year - 1408 of them in Florida - with Marathon, Florida topping the frequency list. Of the total thefts, Yamaha WaveRunner’s topped the list at 538. The worst month for thefts was July and the worst day was


Friday. Four Florida cities reported the highest number of personal watercraft thefts is Miami, Tampa, Hialeah and Ft. Lauderdale. According to a report on Blooberg News, “Boats are sometimes stolen for the motor, which can be worth more than the craft itself. Owners leaving keys or valuable equipment on their boats can encourage thieves.”

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ALEIGH Why Do--Ad Insurance Commissioner Wayne Agencies Hate The Goodwin today announced the arrest of Christopher McPhatter, Underwriter’s Insider? 41, of 110 W. Ninth St., Lumberton; he was charged with one count of Because Our Totalagent. embezzlement by an insurance

Ad Cost is Less than

Department of Insurance criminal Then They Normally investigators allege that from Jan. Earn in Commission! 2012 through October 2012, while working as a licensed insurance agent, McPhatter received insurance Pay Yourself - Not premium payments of approximately The $3,700 fromAd 21 Agencies! individuals, but did not apply the funds to their accounts. Investigators accuse McPhatter of keeping the money for his own personal use and gain.


McPhatter surrendered on June 30 to criminal investigators at the Robeson The Underwriter’s Insider



Really Cool Stuff by Kim Komando

treaming video and audio from the Web is now commonplace. Netflix, iTunes, Hulu, Spotify and other services make it simple to watch or listen to what you want when you want. You don’t even need a computer. Most services have apps for smartphones and tablets. Many newer TVs are Internet enabled, so they can stream online video and audio with no extra gear. For non-Internet TVs, you can grab an Apple TV or Roku box for $100 or less and plug it in. You might already have a Wii U, Xbox 360 or PlayStation 3. These all include media streaming. Google’s new $35 Chromecast takes a different approach. It plugs in to your TV via HDMI

and connects to your Wi-Fi network. You can stream online video from your smartphone or tablet, or the Chrome browser on PC and Mac, right to the TV. That’s all fine for bringing in outside media, but what about media already in your home? You might have a collection of music that isn’t on any service. You probably have thousands of photos. Don’t forget any home videos or purchased movies you have on your hard drive. How do you bring these to your TV? You could just connect your computer directly and use the TV like a monitor. Of course, that doesn’t help you stream to mobile gadgets. And you might already have a streaming box plugged in to your TV. Who needs more clutter in your

entertainment center? There’s another solution: Set up a home media server. Don’t let the name intimidate you; it’s actually not that hard once you know how. And that’s what I’m going to tell you. There are three things you need for this to work. 1. A media server to stream content 2. A fast home network to carry the content 3. Gadgets to receive and display the content Let’s start with the server. A server is just a computer that stores and shares information. Any computer can be a server. You could use your existing home computer or an unused older computer you have sitting around. If you’re just serving photos or audio, you don’t need a high-end system. Almost any Windows Vista or 7 machine will do fine. Just make sure the computer’s hard drive is large enough to hold everything. As a side note, I know people still have Windows XP computers at home or sitting in a closet. I wouldn’t use that. Most of the software I’m going to talk about won’t work as well on it. Plus, Microsoft is dropping support for XP in less than a year. At that point, no one should be running XP. Click [HERE] to learn more about

See Kim Komando Pg 33

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THE BIRTH OF THE COVENANT OF GOOD FAITH & FAIR DEALING Expert Analysis by Barry Zalma, Esq. Insured Need Not Disclose What is Known to Insurer

was heard by the House of Lords on appeal for a new trial by the defendant Boehm.



n 1766, before the idea of the United States of America was conceived, the British House of Lords recognized the existence of the covenant of good faith and fair dealing in Carter v. Boehm S.C. 1 Bl. 593, 3 Burr 1906, 11th May 1766.


Barry Zalma, Esq., CFE is a California attorney specializing in insurance coverage, insurance claims handling and fraud who serves as a consultant and expert for insurers and policyholders. He founded Zalma Insurance Consultants in 2001 and serves as its senior consultant. He recently published an e-book, “Getting The Whole Truth,” which is available at his Web site, Go to Zalma Books at htm.

This was an insurance case, upon a policy underwritten by Mr. Charles Boehm. It was an action on a policy of insurance for one year for the benefit of the Governor of Fort Marlborough, George Carter, against the loss of Fort Marlborough in the island of Sumatra in the East Indies, by its being taken by a foreign enemy. The event happened: the fort was taken, by Count D’Estaigne, within the year.

The insurer objected claiming fraud by concealment of circumstances which ought to have been disclosed: and particularly, the weakness of the fort, and the probability of its being attacked by the French. The governor had 20,000 £, in effects and only Join Barry Zalma’s new Blog:


insured 10,000 £ and that he was guilty of no fault in defending the fort. Evidence showed that the property was not a fort proper or designed to resist European enemies. It was only calculated for defense against the natives of the island of Sumatra. The governor’s office is not military, but only mercantile and that Fort Marlborough is only a subordinate factory to Fort St. George. There was no evidence to the contrary. And a verdict was found for the plaintiff by a special jury. The case

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As a defense the plaintiff noted that the weakness of the fort, or the probability of the attack were universally known to every merchant upon the exchange of London. And all these circumstances, they said, were fully considered by a special jury of merchants, who are the proper judge of them. The underwriter insisted that the insurer has a right to know as much as the insured himself knows. They alleged too, that the broker is the sole agent of the insured. These are general, universal principles, in all insurances. Whatever really increases the risk ought to be disclosed. Then they entered into the particulars which had been here kept concealed. And they insisted strongly, that the plaintiff ought to have discovered the weakness and absolute indefensibility of the fort.

Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge See Zalma Pg 31 The Underwriter’s Insider

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DEMOCRATS START TO ABANDON THE OBAMACARE SHIP Is It Concern For The American Public? Or Political Expediency? Opinion - by Spencer A. Lehmann, RHU, Guest Columnist


he PPACA, ObamaCare, was passed into law in 2010, after a contentious battle between the Democratic and Republican Parties, begun when the Democratic Party leveled its guns at the Republicans, and the Conservative and moderate Democrats (known as “Blue Dog Democrats”). The Blue Dogs were told to get in line, or face the loss of the Congressional Committee chairmanships, and the Republicans were ignored, treated by the Democrats, under the leadership of the Head Democrat, President Barack Obama, as if they were already irrelevant. The American People, those whom President Obama and the Democrats in Congress are supposed to “Represent”, were also made irrelevant, as the majority were opposed to ObamaCare which was passed into law in spite of the Will of the Majority of the People. America is in the middle stages of the “Roll out”, the Implementation, of ObamaCare. That implementation is not going well. As a result, a number of those Blue Dog Democrats, who sold out their principles for the price of a committee chairmanship, or who decided to “go along to get along,” are now coming to the reality that the PPACA is not only not popular, but its well coordinated


parts, designed to come into play at precise times to assure a smooth meshing of those parts, have not been well coordinated at all, and in fact, this trainwreck on its way down the tracks

is already coming off of those tracks.

A number of those once gung ho Team ObamaCare members are now questioning the efficacy of the law. Or are they? Perhaps, these now reluctant Democrats are more politically motivated in their hesitancy, than for reasons of truly questioning the validity of this Spencer HCR Law gone bad. A


Lehmann is a Registered Health Underwriter (RHU), whose company, Lehmann/Wood & Associates, Inc., specializes in Group and Individual Long Term Care insurance and Medicare Supplemental Coverage. Mr. Lehmann retired from his company in 2005 and now spends his time writing on Health Care Insurance and Political Issues, both of which have encompassed over 40+ years of his life. He has been an actively involved member of the National Association of Health Underwriters (NAHU) since 1978, and serves on the Board of Directors of several Charitable Organizations’ helping Special Needs Children, and Inner-City Children to experience and participate in the world of the Arts and Music. In his free time he plays golf with his wife, Fran, who usually wins.

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The reality is that we aren't that far off from the mid-term 2014 elections. The American public is becoming more and more angry at this mistake of a law, this single party, politically motivated, ignores the will of the majority of Americans, claim-to-gain-fame law, promoted and enacted by an authoritarian Democratic Party controlled congress, under the immense pressure put upon them by the President of the United States, Barack Obama. 

 This is Obama’s only true signature achievement since his election in 2008, and his presidency that began in 2009. And it is imploding, strewing wreckage along its tracks, as this trainwreck (that term coined by its principal architect, Senator Max Baucus) continues headlong toward the face of America, who is about to be smashed with this out of control mistake, beginning October 1, this year. 

The fact is that it is already Imploding. The majority of the Exchanges are not

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in place, and many won't be, or aren't this trainwreck is already coming off even planned to be, in time. 

The the tracks. 

The fact also is that 19 fact is SHOP, the Small business Senators are in the Democratic Party component, only exists in 17 States and are up for reelection in the midand does not exist in 33 States. 

The term elections in 2014. 

Therefore, it fact is that the funding for the is more than appropriate to ask, "Is Implementation of this cutting and “This is a Government the Law is so running from Of the People, By the inadequate that the ObamaCare People and For the Secretary of HHS, because these People - NOT Of the Kathleen Sibelius, is Democrats have putting pressure on "seen the light?” Government, By the the very companies Government and For the Is it because she regulates, to they really now People. 

It is time for cough up the money care about the American electorate to enable HHS to the public and to hold our congress continue with the small and large accountable to the very implementation, in business and a ethically highly people they have ignored the harm that is questionable action about to befall in this entire process: that smacks of them, when Americans.” extortion, an act of they haven't demanding money given a hoot from those you control. 

The fact about either when they rammed is that President Barack Obama has this mess down the throats of the unilaterally and possibly illegally American public and ignored the and unconstitutionally amended calls for reason by small and large congressional law by delaying the business - OR - is this simply the fact employer mandate and the income that they woke up and realized that verification eligibility requirement for they are about to lose their jobs in subsidies. 
 Congress, and this is strictly politically motivated expediency in an effort 
The fact is that ObamaCare, originally to keep their seats in the seats in expected to implode within two Congress? 

 Considering that the to three years, is already coming Democratic Party controlled senate, apart, imploding as I type this, as is in real danger of losing that control to the Republicans, who already control the House, the answer is obvious. This action is nothing more than a politically expedient change in position to try to keep their jobs. 




It is of critical importance that the U.S. electorate does not let them keep their jobs! They must be held accountable for their arrogance in refusing to listen to the American electorate from the beginning. 

They must be held accountable for having

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acted as though the American democratic representative form of government had become, by their abuse of power, an authoritarian single-Democratic -Party- controlled government, and for obviating their responsibility to the American People in remembering that this is a Government of the people, by the people, and for the people - NOT - of the government, by the government and for the people. 

It is time for the American electorate to hold our congress accountable to the very people they have ignored in this entire process: Americans.

“You have to love a nation that celebrates its independence every July 4, not with a parade of guns, tanks, and soldiers who file by the White House in a show of strength and muscle, but with family picnics where kids throw Frisbees, the potato salad gets iffy, and the flies die from happiness. You may think you have overeaten, but it is patriotism.” - Erma Bombeck





ouisiana insurance policyholders received an additional $4 million in insurance payments in the first half of 2013 as a result of assistance from the Louisiana Department of Insurance (LDI). Insurance Commissioner Jim Donelon says these funds are in addition to the original amounts offered to consumers by their insurance companies and are the result of LDI staff working with insurance companies to resolve complaints. “The experienced LDI staff can assist consumers to secure additional insurance settlements when their particular case warrants such action. Our staff can advise on when to file a complaint against an insurance company and help resolve disputes with insurers,” said Insurance Commissioner Jim Donelon. “We can assist in determining what options are available to consumers when they are unsatisfied with the resolution of a claim.”

The figure above shows the number of deaths from lightning among males and females in the United States during 1968-2010. From 1968 to 2010, deaths from lightning in the United States decreased by 78.6% among males and 70.6% among females. During this 43-year period, a total of 3,389 deaths from lightning were recorded, an average of 79 per year. The highest yearly total of deaths from lightning (131) was recorded in 1969, and the lowest total (29) was recorded in 2008 and again in 2010. During the period, 85.0% of lightning deaths were among males. Source: Center for Desease Control


Funds recovered are from formal complaints regarding property and casualty, health, and life and annuities products. The LDI received more than 2,000 consumer inquiries and more than 1,500 consumer complaints from January through June 2013. 14

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The Underwriter’s Insider



iami, FL - The Latin American Association of Independent Agents once again offered agents and carriers, MGA’s and a large assortment of vendor companies an excellent opportunity to get to mingle, talk with one another and share product information. The LAAIA trade fairs have become famous for their conviviality and ROI to exibitors, always expertly hosted by the LAAIA Board of Directors and staff. The Insider tried for a shot of every booth - and apologize if we missed yours. Click on image at right to view!

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REAGAN OPENS ORGANIC GROWTH & PROFITABILITY SURVEY FOR 2Q 2013 Covers Progress of Large & Mid-Size Agencies, Brokers


TLANTA (July 16, 2013) -- Reagan Consulting, a management consulting and merger-and-acquisition advisory firm for the insurance distribution system, launched its quarterly survey of insurance agency growth and profitability this week. The firm's Organic Growth and Profitability (OGP) survey is a realtime indicator of growth and profitability results for privately held insurance agents and brokers. Approximately 140 agent/broker firms (including roughly half of the industry's largest firms) regularly complete the survey, and there is no cost to participate. Median revenue of the firms completing the survey typically is $15 million, making it the industry's preeminent survey of mid-size and large privately held brokers. Reagan Consulting's OGP survey, first conducted in 2008, measures agency financial performance in key value creation benchmarks including organic growth and profitability. The results help agents and brokers


benchmark their operations in realtime. Each participating agency receives a customized, confidential report of its own financial performance compared with the survey participants at large. In addition, participants receive Reagan's quarterly commentary highlighting industry trends impacting agents and brokers. For information about participating in the OGP survey, contact Michelle Appelbaum at (404) 233-5545 or by email to

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About Reagan Consulting: Reagan Consulting is a management consulting firm providing strategic consulting, valuation, and mergerand-acquisition (M&A) services to the independent insurance distribution system. The firm’s services for publicly owned and privately held independent insurance agents and brokers, bankowned agencies, and other participants in insurance distribution marketplace include: appraisals of fair market value, mergers and acquisitions advisory, ownership perpetuation planning, strategic business planning and consulting, financial reviews, services for key employee compensation and equity plans, and agency performance analysis. The Underwriter’s Insider



eerfield Beach, FL July 30, 2013 Smart Choice, a nationwide network of over 3,500 independent agencies and over 80 insurance carrier partners, has partnered with QQ Solutions to provide the company’s QQ Catalyst cloud-based insurance agency management system to Smart Choice member independent agencies nationwide. Smart Choice and QQ Solutions entered into an agreement under which Smart Choice may provide the Catalyst system to their members at a discount as a membership benefit. Already one of the largest providers of agency management systems to independent insurance agencies nationwide, QQ Solutions introduced the QQ Catalyst system in early 2013. In only six months since its launch, over 225 agencies are now using Catalyst to automate their operations, provide better service to their clients and grow their revenues. Earlier this month, the company released version 2.0 of the fully mobile Catalyst system, adding several major new financial and other features. Joe Fisher, President of Smart Choice Franchise Corporation stated, “The Catalyst agency management system enables our agencies to automate their operations, streamline their

workflow, and provide enhanced customer service, while increasing their revenues and client retention. As part of our agreement with QQ Solutions, and as an additional benefit of Smart Choice membership, we can now provide this state-of-the-art agency management system to our members.”

About Smart Choice

Smart Choice is a nationwide network of over 3,500 independent agencies and over 80 insurance carrier partners. Smart Choice provides independent insurance agents with access to top-rated markets, product training, and sales and marketing support, "We are excited and is the only no-fee that Smart Choice program of its kind. is offering our Smart Choice gives Mark Malis revolutionary QQ independent agencies QQ Solutions CEO Catalyst agency the support and markets management system,” said Mark they deserve. The network provides Malis, Chief Executive Officer of service from coast to coast, in 41 QQ Solutions. states, with access to personal, “Smart Choice is commercial, life and health markets, a powerful force and customized business solutions for helping guaranteed to make agencies i n d e p e n d e n t competitive. agencies succeed and provides many important benefits to their Smart Choice’s philosophy is simple member agencies. Now, by providing – give back! Smart Choice chooses to QQ Catalyst to their members, Smart support the industry through agent Choice is taking this commitment and carrier partnerships, and by to the next level by giving agents creating groundbreaking programs access to the most advanced and to facilitate good business practices easy-to-use agency management for consumers. system available.” Smart Choice agents can sign up at SmartChoice.

About QQ Solutions, Inc.

See QQ Solutions Page 40

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Breaking Industry News

ccording to Dr. David Weeks, former head of old-age psychology at the Royal Edinburg Hospital regular sex can knock off as much as seven years biological age from your chronological age. It is so, claims Weeks, because sex releases endorphins - reducing anxiety, boosting circulation and causing human growth hormone to be released. This is all good for the heart - and even makes the skin more elastic. “My message is that lovemaking is good,” he said in a press release. “The stereotype of an elderly person is that when they get their pension and bus pass, they stop having sex and that’s not true. Sexual satisfaction is a major contributor to quality of life, ranking at least as high as spiritual or religious commitment and other morale factors, so more positive attitudes towards mature sex should be vigorously promoted,” he added. Sexuality is definitely not the prerogative of younger people and nor should it be.” Weeks referenced another study from 1997 that found a much lower mortality risk (50%) in a group of men that had sex twice a week or more as compared to a group that did not. Now call your spouse and have them chill the wine...


eanwhile, a British health magazine is reporting that omega-3 fish oil supplements may increase the risk of aggressive prostate cancer by more than 70%. Although the supplements have been credited with a range of health benefits, researchers speculate that the fish oil may restrict the immune system or damage DNA - and that eating fish more than a couple of times a week may also raise the risk of prostate cancer. Other recent studies questioned the efficacy of fish oil supplements in preventing heart disease or stroke. We say skip the supplements.


ne in three Fortune 500 companies are now offering pet insurance as an employee perk, according to a AP report - mostly through the nation’s oldest and

largest pet insuror, Veterinary Pet Insurance company - which makes up about 61% of the market. According to the report, one employer “pays $10 per pet for up to three pets. One pet costs between $10 and $57 a month, depending on coverage plans and deductible. VPI adds a 5 percent to 15 percent discount, depending on the number of animals insured.”


olonious Investigation Management Systems (Polonious), premier providers of special investigative unit (SIU) and investigation management systems, is pleased to announce industry veteran and claims expert, Gary LaFond has joined the company as Vice President of Sales and Marketing. Polonious has a strong presence in the insurance industry already with clients across all tiers, and LaFond’s extensive experience in the areas of claims, fraud, workflow and process improvement will enhance the company’s existing relationships. Additionally, LaFond’s network of contacts and expertise, gained through leadership positions with Detica NetReveal (a division of


ore good news: Beer is good for your heart! Medical research at Harokopio University in Athens, Greece found cardiac blood flow improved after about 2 hours after drinking 2/3rd’s of a pint. (They drink their beer in pints in Greece...) Dark beer is even more effective, because it is rich in flavonoids - having a powerful antioxidant effects. Instead of chilling the wine - pick up a six-pack on the way home. 18

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BAE Systems), Adaptik, BlueWave Technology (recently acquired by Cover-All), Scene Genesis (acquired by Mitchell International), and ADP Claims Services Group (now AudaExplore), will help Polonious expand market presence and awareness of the company’s products and services throughout the industry.



ommercial property/casualty insurers claimed substantial financial results for the first quarter of 2013: Net written premiums rose 1.2% from the first quarter of 2012 to $47.2 billion - according to ratings firm A.M. Best Co. Inc.

nsurance giant State Farm is suing a Tampa chiropractor and his lawyer ppalachian Underwriters, Inc. referral business, “Ask Gary.” The $19 (AUI), a provider of commercial, million, 52 page federal personal, and specialty insurance, and lawsuit alleges a fraud Instec, a provider of P&C insurance by Gary Kompothecras platforms, today announced that and the 1-800-AskAppalachian Underwriters has selected Gary referral business. and has successfully deployed Instec’s State Farm says it has identified “at least Quicksolver Enterprise policy rating $480,000” in illegal no-fault medical platform for Appalachian Underwriters’ claims resulting from kickbacks and Workers’ Compensation line of patient brokering. business. ccording to a Norwegian woman was jailed in July story in The Dubai, United Arab Emirates for Advocate, “Proposed being raped. Marte Deborah Dalelv, rate increases to 24 was sentenced to 16 months in jail the National Flood for “having sex outside of marriage” Insurance Program after reporting to police that she are so large they was raped by a co-worker. The UAE pose a threat to the is an Islamic country. Sex outside of Louisiana economy and could make marriage, including involuntary, forced it nearly impossible for owners to sell sex, is considered a crime committed thousands of properties that lie outside by the victim. You just have to love the New Orleans region’s federal levee the multiculturalism. You just have to system, Insurance Commissioner Jim respect the diversity. Donelon said Wednesday.”





ommercial property/casualty pricing ticked upward 4.3% in the second quarter of 2013, but at a slower rate than the beginning of the year, the Council of Insurance Agents & Brokers said.


ccording to a recent report in Business Insurance, “Humana Inc. has filed four federal lawsuits against Farmers Insurance Group of Companies arguing that the Medicare Secondary Payer Act entitles it to reimbursement from Farmers for benefits that Humana paid for Medicare Advantage and Medicare Part D plans.”

M, the online jobfinding giant, has published a list of 5 things that will make your interviewer hate you: 1. Jump at the chance to trash your former boss. [That guy was such a loser...]2. Tell the interviewer what you would change about the company interviewing you [I really don’t like your logo...] 3. Comment on your interviewer’s appearance. [Your lookin’ really hot this morning, Honey...], 4. Denigrate the organization you’re applying to. [I’ve heard this is a company with big problems...], and 5. Show up late. [But there was a long line at Starbucks...] [MORE]

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U.S. insurer American International Group Inc. said it was still in talks with a Chinese consortium regarding the sale of its International Lease Finance Corp. aircraft leasing unit for about $4.8 billion.” - Source: Business Insurance An insurance broker is suing Delta Dental Plans Association for cutting it out of the commission on a policy for the Chicago police union, with nearly 23,000 employees and their relatives. Fraternal Order of Police Lodge 7 had been an established client of Source 1 Benefits when the brokerage began an annual test of the dental insurance market for 2013, according to a complaint filed on July 11 in the Circuit Court of Cook County. By eliminating the commission and other fees for Source 1, a division of Dallas-based Insential Inc., Delta was able to reduce its premium by about 8.5%, to $856,000, compared with the insurer’s original proposal of $935,000, according to the complaint. As a result, Oak Brook, Ill.-based Delta wrested the contract away from MetLife Inc., the incumbent that had been recommended by Source 1, the complaint says.” Source: Business Insurance


Harris County, Texas District Court has convicted former insurance agent Leon “Randy” Sinclair III, of Houston, of first-degree felony Misapplication of Fiduciary Property. The court sentenced Sinclair to serve 20 years in prison. The conviction follows a 16-month-long investigation by the Texas Department of Insurance Fraud Unit. Sinclair convinced more than 30 elderly customers to liquidate insurance products and other assets and place the money in charitable gift annuity accounts. He then misappropriated more than $16 million from the accounts. Sinclair voluntarily surrendered his insurance license in 2010. 19



he South Carolina Department of Insurance is pleased to announce the appointment of Kendall R. Buchanan as the Deputy Director of the Market Services Division. The new Market Services Division will consist of the Offices of Consumer Services, Market Analysis and Product Regulation.

Kendall R. Buchanan

Kendall graduated summa cum laude from the University of South Carolina with dual degrees in Finance and Insurance and Risk Management in 2006. She comes to the Department from Richardson and Ritchie, a government relations consulting firm in Columbia, South Carolina.


She has business and insurance regulatory experience having worked as the Legislative Liaison for the South Carolina Department of Insurance. Additionally, Kendall has worked on various policy, consumer and constituent issues while employed by the South Carolina Senate. She is well respected by many in government and the various segments of the legislative and insurance communities for her knowledge of insurance and her tremendous work ethic. Kendall succeeds James Byrd who retired from the Department in February after more than 30 years of distinguished service. The Department is pleased to welcome Kendall.

prescription drugs. Insurance Frauds Bureau investigators working undercover dropped off prescriptions at one of the pharmacies. However, the defendant continued to bill the insurers for approximately 20 prescriptions that were not legitimate using the personal medical information of the undercover investigators. An arrest warrant was executed at the defendant’s residence on 6/20/13 and search warrants were executed at both of the defendant’s businesses that same day. The amount of the fraud is estimated to be close to $1 million. This arrest was the result of an investigation by the FBI New York Health Care Fraud Task Force, of which the Insurance Frauds Bureau is a member.



pharmacies was arrested on 6/20/13, charged with insurance fraud under Section 1347 of Title 18 of the U.S. Code, for his role in a scheme to bill Medicare, Medicaid and private insurers for fraudulent

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ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced $35,000 in rewards for four Floridians who provided key information that led to arrests and convictions in several major insurance fraud cases. These citizens helped uncover almost $3.7 million in fraudulent financial activity leading to 17 convictions. “I applaud these citizens for their courage and honor in reporting suspected insurance fraud and protecting fellow Floridians from this costly crime,” CFO Atwater said. “Without the assistance of these concerned citizens, these fraudsters would still be on the streets today.”

Rewards issued include: • $20,000 to a Ft. Myers individual whose assistance led to the conviction of 12 individuals in a personal injury protection (PIP) fraud ring and the closure of 12 unlicensed accident clinics with $3 million in potential insurance fraud losses. • $10,000 to a St. Petersburg individual whose assistance led to the conviction of an annuity scammer who defrauded nine elderly victims out of more than $580,000. • $5,000 divided between two Tampa individuals whose assistance led to the conviction of four PIP fraudsters

and the closing of a PIP accident clinic. These cases were investigated by the Division of Insurance Fraud, the law enforcement arm of the Department of Financial Services responsible for investigating all insurance fraud in Florida. The Department of Financial Services to date has awarded more than $340,000 to approximately 50 citizens as part of its Anti-Fraud Reward Program. The program rewards individuals up to $25,000 for information that directly leads to an arrest and conviction in an insurance fraud scheme.



ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Christopher McPhatter, 41, of 110 W. Ninth St., Lumberton; he was charged with one count of embezzlement by an insurance agent. Department of Insurance criminal investigators allege that from Jan. 2012 through October 2012, while working as a licensed insurance agent, McPhatter received insurance premium payments of approximately $3,700 from 21 individuals, but did not apply the funds to their accounts. Investigators accuse

McPhatter of keeping the money for his own personal use and gain. McPhatter surrendered on June 30 to criminal investigators at the Robeson County Detention Center where he was arrested and placed under a $5,000 unsecured bond. McPhatter’s insurance license was revoked prior to his arrest, and he has repaid all of the consumers involved. The Department of Insurance employs 20 sworn state law enforcement officers dedicated to investigating and prosecuting claims of insurance and bail

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Wayne Goodwin

bonding fraud. Since Insurance Commissioner Wayne Goodwin took office in 2009, criminal investigators have received more than 18,600 complaints, resulting in 800 arrests and 430 criminal convictions. These efforts have delivered more than $55 million in restitution and recoveries for victims. 21


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“The Final Authority on Everything!” $50 Minimum Wage?


’ve been hearing about the McDonalds workers striking for a living wage but I know you usually come down on the side of big business. Is this one issue of fair play that could change your mind? You can’t raise a family on $7.50 per hour! $15 per hour makes so much more sense. I want to hear what you have to say because frankly this one is a no-brainer! D.L. Birmingham, AL You have a point on the minimum wage D.L., but you don’t go far enough - why stop at $15? If $15 is good, wouldn’t $30 be better? Why not $50? And while we are mandating wages, why not prices? Wouldn’t it be great if cars cost only $5,000? Gas 25 cents per gallon? And homes, say, $20,000? Why, everyone would be doing really great overnight by just passing a few laws!


that can be a special tragedy when they are already from low-income, unskilled or minority backgrounds and urgently need to get on the job ladder, if they are ever to move up the ladder by acquiring experience and skills.”

Data shows the minimum wage expressly hurts those it is designed to help. Milton Friedman, legendary economist, once stated, ”The effects of the minimum wage have been concentrated on the groups that the do-gooders would most like to help. The people who have been hurt most by the minimum wage laws are blacks. I have often said that the most anti-black law on the books of this land is the minimum wage law.” Because when you raise the price of any commodity, including labor, you reduce the demand. You eliminate jobs.

The political left uses phrases like “living wage” because who could be against that? It generally is defined to mean the ability to raise a family of four on a certain wage. But how many minimum wage workers are doing that? My 18 year old son works at a fast-food chicken place at minimum wage. Neither him or his teen co-workers are raising a family of four. Hell, I can’t even get him to buy his own Red Bull... These workers are generally new members of the workforce - usually in their teens and saving for a car or a new iPod - not heads-of-households raising families. If you are a working adult, have already accumulated 2 children and a wife and you’re still in a minimum wage job, you have problems that go far beyond your rate of pay - and it’s not society’s responsibility to fix all that for you.

I know I don’t have to unravel all that satire for you D.L. You know intuitively that $50 minimum wage and $5,000 cars will not work - but do you ask yourself why? Do you think it out? Thomas Sowell, in the Thomas Sowell Reader, writes, “It would be comforting to believe that the government can simply decree higher pay for low-wage workers, without having to worry about unfortunate repercussions, but the preponderance of evidence indicates that labor is not exempt from the basic economic principle that artificially high prices cause surpluses. In the case of the surplus of human beings,

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Dir of P&C Claims, LV, NV Claims Director or Manager position wanted. 20 years experience in non-standard P&C Ins Claims for NV, NM, & AZ. 60+ employees supervised; including Claims, SIU, & Legal. Corporate budget & goal planning. Contract negotiations for all states. Resume & References available upon request. Available immediately for hire. Home is LV, NV. However, would consider southern California opportunity as well. Please contact @ 702-292-4215 or 10-1

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Gainesville Area 4-40 or 2-20 Needed Insurance Den Inc needs a 2-20 or a 4-40 licensed agent. Email insuranceden@ or fax 352-628-5619 or phone 352-628-2331 10-5


SAY WHAT? Notable Quotes You May Have Missed!

Stupid is as Stupid Does...


before - and may do so again.

can you be this stupid?” - Jay Leno to Guest Scoundral Eliot Spitzer referencing his incredibly sloppy involvement with a New York prostitution ring that brought down his governorship. Spitzer replied, “Hubris is terminal.” Unfortunately, Spitzer has survived. Perhaps Leno should have been addressing his comments to the citizens of New York - who voted for this arrogant, ego-centric jerk

Sum Ting Weely Wong

“These names were not accurate despite an NTSB official

in Washington confirming them late this morning. In response to an inquiry from a media outlet, a summer intern acted outside the scope of his authority when he erroneously confirmed the names of the flight crew on the aircraft.” - Fox network affiliate KTVU news Channel 2 in Oakland apologizing having identified the pilots of the San Fransisco Asiana flight crash in their noon broadcast Friday as “Sum Ting Wong,” “Wi Tu Lo,” “Ho Lee Fuk,” and “Bang Ding Ow.” Hear it live: [HERE] Follow up: Asiana Airlines has stated it plans to sue the station for the gaffe - although damages may be hard to prove.

Zimmerman Acquitted

“He had a right to defend himself. If he felt threatened,

that his life was going to be taken away for him or he was going to have bodily harm, he had a right.” - Juror B37 on the trial of George Zimmerman during an interview with CNN’s Anderson Cooper as to why the jury acquitted Zimmerman of all charges. While the evidence presented in the trial showed the sad death of Trayvon Martin had absolutely nothing to do with racism or Florida’s so-called Stand-Your-Ground law , yet race hustlers such as Al Sharpton, Jesse (“Florida is an apartheid state - the Selma of our time...”) and even our U.S. Attorney General Eric Holder lost no time in twisting the facts in the Zimmerman case to advance their devisive, racist agenda. 26

Return of The Weiner

“I said that other texts and photos were likely to come out, and today they have. As I have said in the past, these things that I did were wrong and hurtful to my wife and caused us to go through challenges in our marriage that extended past my resignation from Congress. While some things that have been posted today are true and some are not, there is no question that what I did was wrong. This behavior is behind me. I’ve apologized to Huma and am grateful that she has worked through these issues with me and for her forgiveness. I want to again say that I am very sorry to anyone who was on the receiving end of these messages and the disruption that this has caused. As my wife and I have said, Anthony Weiner, doing the we are focused on classic “NY Politician Caught moving forward.” in A Sex Scandal” Lip Bite Aptly named, shameless former NY Democratic Congressman Anthony Weiner after recent disclosure of still more embarrassing lewd, nude, XXX texts between himself and a young woman AFTER he resigned from the US Congress following a prior “sexting” scandal. Pressure is mounting on Weiner to step down from the NY mayoral race, but, as of this writing, he has refused. While the Weiner and his longsuffering wife (Hillary Clinton protege) Huma may be “focused on moving forward,” one wonders if the voters may be more focused on the The Weiner Responds obvious character flaws in this pathetic, compulsively perverse, brazen, narcissitic, footfetished New York City mayoral candidate. Would you trust him with your city? Note: Danny Kedem, Weiner’s campaign manager, quite on 7/27/2013 after news of Weiner ‘s continuing misbehavior broke - probably indicative of low moral among the campaign staff.

Law of Large Numbers

“More means more” is the core of this myth. More

prospects means more sales ... The only time that I see this myth become truth is not when you are a salesperson, but when your role is truly just order taking. Order

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taking means that the purchasing energy is driven by customer demand, not salespeople demonstrating value and securing new customers and contracts. All prospects are not created equal and the most successful salespeople who truly sell are successful in part because they prune their list, reducing the number of prospects regularly.” - Business author Tom Searcy in an article titled “3 Sales Myths That are Killing You (And You Probably Don’t Even Know It) addressing his #2 Myth: The Law of Large Numbers. [MORE]

But it Seemed Like Such a Good Idea...

“Nine major hospital networks just decided they’d

had enough of being “Pioneers” for ObamaCare. They withdrew from the health reform law’s Pioneer Accountable Care Organization (ACO) initiative, which launched in January 2012 with 32 health systems participating. These ACOs are supposed to integrate doctors, hospitals and other providers into one seamless network that could “coordinate” care for Medicare patients — and in so doing, eliminate waste and control costs. But as these nine casualties illustrate, ACOs are going to fail in that mission. Worse, they’ll diminish the quality of care that Medicare patients receive.” - Sally Pipes from a column in Investors Business Daily giving just another example of how Obamacare is collapsing under it’s own ill-conceived, morbid obesity. [MORE]

Yet The Bureauacracy Continues to Grow - Even as the System Collapses


Patient Protection and Affordable Care Act (Obamacare) requires each PPACA health insurance exchange to hire navigators -- who are not paid by health insurers -- to help consumers understand how to use the exchange system. Navigators will be hired in the 34 states in which the federal government is running the coming Obamacare marketplaces or where the state is engaged in a partnership with the federal government. In those states, the Department of Health and Human Services is making available $54 million. The administration has said that navigators do not have to be licensed agents or brokers and may not be paid by insurance companies, a move that angered many in the industry. Republicans have slammed the navigator program, and stood up for brokers and agents, arguing they are trained professionals who have the experience and requirements to guide consumers in their health plan options.” - Columnist Allison Bell writing in a July 25th article on The Obama Administration’s lack of regard for agents/brokers was first made obvious when carriers where not allowed to exclude agent commissions from the 80% they were required to allocate to patient care - and now when it comes to filling the key roles in Obamacare customer service. The so-called “Navigator

Program” is apparently necessary to steer hapless insureds through an impenetrable maze of laws, regulations and tax consequences - and apparently only government bureacrats will suitably fit the role.

Saudi Prince: “What the Frack?”

“Our country is facing a threat with the continuation of

its near-complete reliance on oil, especially as 92 percent of the budget for this year depends on oil. It is necessary to diversify sources of revenue, establish a clear vision for that and start implementing it immediately.” Saudi Prince Alwaleed bin Talal with a reported net worth of over $20 billion, warning his countrymen and other OPEC nations about the threat to Saudi Arabia’s future economy as a result of America’s recent exploitation of her own shale oil and gas (commonly referred to as fracking) - reducing her longterm need for OPEC petroleum products. America should fully exploit our shale oil reserves and put a choke-hold on the $ billions spent by the Saudis to finance terrorism, the export of Islamist ideology and their anti-American, hate-filled matrassas. Note: The Obama Administration, bowing to its far-left base, has blocked fracking on all public lands and at every possible juncture - with little or no hard data to support its position a position heartily endorsed by the Saudis.

Hamburger Flippers: Pay Us According to Our Wants - Not Our Worth

“What really disturbs them is in their heart of hearts,

they know that they are only being paid for what they are really worth, which at a logical level distresses them to no end, but like the true liberals of entitlement they are, they emotionally expect to get paid more for just showing up and taking up space. But for the government safety nets (turned hammocks), the laws of the marketplace would have either culled them out or at least brought them back to the reality of their own self chosen life decisions and inability to temper the insatiable appetite of their infinite wants with the actual reality of their finite worth. You are worth what someone is willing to pay you, not what confused liberals allow you to steal from employers after organizing in socialist thug gangs. - Blogger “Illumanated” responding to a story about fast food workers picketing and protesting their rate of pay.

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JULY 2013

APR 2013

JAN 2013 28

JUNE 2013

MAR 2013

2012 Issue 11

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MAY 2013

FEB 2013

2012 Issue 10 The Underwriter’s Insider

2012 Issue 9

2012 Issue 8

2012 Issue 7



2012 Issue 6

2012 Issue 5

2012 Issue 3

2012 Issue 2

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2012 Issue 4

2005 Issue 2 29



OLUMBUS – Ohio Lieutenant Governor and Department of Insurance Director Mary Taylor announced that a Department insurance fraud investigation involving a $2,400 claim has led to the sentencing of husband and wife, Tony and Patricia Pelfrey, of Cable, Ohio. “Thanks to our partnerships with law enforcement and county prosecutors across the state, we are aggressively pursuing those who choose to break the law,” Taylor said. “No matter the amount, those who commit fraud are

harming consumers and driving up the cost of insurance in Ohio.” Tony Pelfrey received a 12-month jail sentence suspended while Patricia Pelfrey received 10 months of suspended jail time. They both also received three years of community control and were ordered to complete 75 hours of community service. In May of 2013, Tony Pelfrey pled guilty to felony insurance fraud while Patricia Pelfrey pled guilty to a felony charge of telecommunications fraud. Both of the Pelfreys also pled guilty to misdemeanor attempted theft charges. After an investigation completed by the Department and the Champaign County Prosecutor’s Office, it was determined the Pelfreys submitted false information to support a loss they claimed was more than $2,400 involving their air conditioning system.



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Continued from Page 10

ZALMA of the insured only: the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk, as if it did not exist. The keeping back such circumstance is a fraud, and therefore the policy is void. The policy would equally be void against the underwriter, if he concealed material facts from the insured. Good faith forbids either party from concealing what he privately knows, to draw the other into a bargain, from his ignorance of that fact, and his believing the contrary. There are many matters, as to which the insured may be innocently silent — he need not mention what the underwriter knows. An underwriter can not insist that the policy is void, because the insured did not tell him what he actually knew.

The reason of the rule which obliges although the insured was called a parties to disclose, is to prevent governor was, in fact, a merchant. That fraud, and to encourage good faith. the fort was only intended and built It is adapted to such facts as vary the with an intent to keep off the country nature of the contract; which one blacks. That the only security against privately knows, European ships and the other is of war, consisted “An insured or ignorant of, and in the difficulty of has no reason to the entrance and an insurer cannot suspect. navigation of the river, for want of conceal material The question proper pilots. therefore must facts from an insurer always be whether Evidence also or a policy will be there was, under all established that the circumstances the general state declared void as a at the time and condition the policy was of the said result. The insured underwritten, a fort, and of the fair representation; strength thereof, and the insurer must or a concealment; was, in general fraudulent, if well known, by treat each other with designed; or, most persons though not conversant or absolute good faith.” designed, varying acquainted with materially the Indian affairs, object of the policy, or the state of and changing the the Company’s risks understood to be run. factories or settlement and could not be kept secret or concealed from The underwriter knew at the time he persons who should endeavor by agreed to the insurance that the policy proper inquiry, to inform themselves. was to indemnify, to that amount, Lord Mansfield noted that the Roger Carter the underwriter at London, in May Governor of Fort 1760, could judge much better of Marlborough, in the probability of the contingency, case the event than Governor Carter could at Fort insured against Marlborough, in September 1759. He should happen. knew the success of the operations of The defendants the war in Europe. He knew what naval knew of a letter force the English and French had sent written to the East to the East Indies. He knew, or might India Company know every thing which was known that this place, at Fort Marlborough in September though called a 1759, of the general state of affairs fort, was really in the East Indies, or the particular but a factory or settlement for See Zalma Pg 35 trade and that

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Continued From Page 9


XP’s end of life and what it means for you. For streaming video, you’ll want a something a bit newer. It should really run Windows 7 and have 4 gigabytes of RAM.

If you’re looking for the most powerful system, however, check out Plex. You download the Plex Media Center for free and install it on your computer. It works on PC, Mac, Linux and some standalone network attached storage (NAS) units.

Plex organizes your media and streams it wherever you want. It has apps for iOS, Android, Windows 8, Roku, Internet-enabled LG and Samsung TVs, and Google TV. These apps range from free to $5, depending on the gadget. Of course, Plex also streams to newer video game consoles. See Kim Komando Page 39

Once you have the hardware, you need software. There are some paid options out there like Pogoplug PC ($30) and PlayOn ($40 a year, $25 a year on sale). These make it simple to stream your media to mobile gadgets and other compatible electronics. Plus, they include plenty of other online media sources. However, there are free options as well, such as Orb and Plex. When I say “free,” I mean the computer-based streaming software. Additional hardware and apps will cost some money. For example, Orb has hardware you can plug into your stereo ($79 per unit) and TV ($99 per unit). The Orb software detects these automatically, making streaming simple. I should point out that Orb is the only service with an easy solution for stereos. So, if that’s what you’re after, start there. Orb can stream to other hardware, like a video game console and some streaming gadgets. Orb also has apps for smartphones and tablets. You can watch your media on your home network or on the go.

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Continued from Page 31

ZALMA condition of Fort Marlborough, by the ship which brought the orders for the insurance. There was no evidence that the governor had any intention to perpetrate a fraud. By the same conveyance, which brought his orders to insure, he wrote to the company everything which he knew or suspected. He desired nothing to be kept a secret, which he wrote either of them or his brother. His subsequent conduct, down to the 8th of February 1760, revealed that he thought the danger very improbable. The reason of the rule against concealment is, to prevent fraud and encourage good faith. If the defendant’s objections were to prevail, in the present case, the court’s ruling would be turned into an instrument of fraud. The underwriter, here, knowing the governor to be acquainted with the state of the

place; knowing that he apprehended danger, and must have some ground for his apprehension; being told nothing of either; signed this policy, without asking a question. If the objection “that he was not told” is sufficient to vacate it, he took the premium, knowing the policy to be void in order to gain. If the alternative turned out one way he would declare the policy void. If there was no problem he would keep the premium. The underwriter, Boehm, drew the governor into a false confidence, that, if the worst should happen, he had provided against total ruin; knowing, at the same time, that the indemnity to which the governor trusted was void. If the underwriter thought the omission an objection at the time, he ought not to have signed the policy with a secret reserve in his own mind to make it void. If he dispensed with the information, and did not think this silence an objection then he cannot take it after the event.

ZALMA OPINION The decision of Lord Mansfiled 253 years ago is as relevant today as it was then. An insured or an insurer cannot conceal material facts from an insurer or a policy will be declared void as a result. The insured and the insurer must treat each other with absolute good faith. When, as here, the insurer knew, or should have known, all of the facts he claimed were concealed from him, the claim of fraud by the governor was, in itself, fraud.


Insurers, potential insureds, and their agents and brokers should work to deal with each other with the utmost good faith and should neither misrepresent nor conceal material facts from the other.

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NY N. CAROLINA DOI UNCOVERS ALLEGED PROGRESSIVE STAGED ACCIDENT SCHEME INSURED ALEIGH -Insurance Haith was placed under a $10,000 CHARGED Commissioner Wayne secured bond. Goodwin today announced WITH the arrest of seven people in an alleged Lisa H. Haith, 46, of 1114 Chandler Ave., insurance fraud scheme involving Burlington, was charged with one ATTEMPTED a staged auto accident count each of conspiracy in Guilford County. The to obtain property GRAND Department of Insurance by false pretense and requests assistance from attempting to obtain LARCENY the public in locating one property by false IN THE 3RD additional suspect. pretense. Lisa Haith was placed under a $10,000 DEGREE Shea Coates, 33, of 415 secured bond.


Hood St., Burlington, was charged with one count NC Insurance Comm. Helen Clark Monroe, of conspiracy to obtain 41, of 113 Dusty Lane, Wayne Goodwin property by false pretense. Stoneville, was charged Coates was released under a written with one count each of conspiracy to promise to appear in court on Aug. 21. obtain property by false pretense and attempting to obtain property by false Shantana Raquel Clark, 24, of 771 pretense. Monroe was placed under a Tillman St., Burlington, was charged $10,000 secured bond. with one count each of conspiracy to obtain property by false pretense Laporshal Conshay Neal, 24, of 2322 and attempting to obtain property by Lavista Drive, Burlington, was charged false pretense. Clark was placed under with one count each of conspiracy a $10,000 secured bond. to obtain property by false pretense and attempting to obtain property by Donta Omar Haith, 23, of 610 D false pretense. Neal was placed under Center Ave., Burlington, was charged a $10,000 secured bond. with one count each of conspiracy to obtain property by false pretense, After an investigation conducted attempting to obtain property by false in conjunction with the Gibsonville pretense and identity theft. Donta Police Department, Department of Haith was placed under a $10,000 Insurance criminal investigators allege secured bond. that the defendants conspired to defraud American Family Insurance Gregory Oneil Haith, 24, of 1114 Company of several thousand Chandler Ave., Burlington, was dollars by submitting fraudulent charged with one count each of documentation in support of conspiracy to obtain property by false insurance claims for injuries caused pretense and attempting to obtain by a staged motor vehicle accident on property by false pretense. Gregory Dec. 3, 2012. 36

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n 1/23/13, an upstate man contacted Progressive Insurance Company to inquire about auto insurance coverage for his 2002 Mitsubishi. He reported that he had hit a guard rail and damaged the car. The insurer informed him that he did not have collision coverage and he terminated the call. About 30 minutes later, the defendant again called Progressive and added collision coverage to his policy. On 1/24/13, he reported that he had been in an accident. He brought the car to a collision shop and on 2/5/13 was given an estimate of $3,286.47 for repair of the damage. On 6/12/13, investigators interviewed the defendant who admitted that he had obtained collision coverage after the accident because he could not afford to repair the damage himself. An investigation by the Insurance Frauds Bureau and the Rochester Police Department led to his arrest. The Underwriter’s Insider


of the trip as well as a breakdown of the costs to taxpayers.

harges for the Aircraft and Crew Alone Amount to $424,142. Judicial Watch, the organization that investigates and fights government corruption, announced today that it has obtained mission expense records and passenger manifests from the United States Air Force related to the June 2127, 2011, trip taken by First Lady Michelle Obama, her family and her “staff “to South Africa and Botswana. Judicial Watch obtained the documents pursuant to an August 19, 2011, Freedom of Information Act (FOIA) lawsuit (Judicial Watch v. U.S. Air Force (No. 11-1496)). Judicial Watch is investigating the purpose and itinerary

On June 28, 2011, Judicial Watch filed a FOIA request seeking the mission taskings, transportation records, and passenger manifests for Michelle Obama’s Africa trip. Documents were only provided after Judicial Watch filed suit:


According to U.S. Department of Defense’s published hourly rates for the C-32A aircraft used for the trip, Judicial Watch calculated the total cost to American taxpayers was $424,142 for use of the aircraft (34.8 flight hours x $12,188 per hour). (The C-32 is a specially configured military version


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of the Boeing 757.) Other expenses – meals (off the plane), transportation, security, various services, etc. – have yet to be disclosed. The passenger manifests confirm the presence of Obama’s daughter’s, Malia and Sasha on the trip. The two girls are listed as “Senior Staff.” The manifests also list Mrs. Obama’s mother, Marian Robinson, and niece and nephew, Leslie and Avery Robinson, as well Mrs. Obama’s makeup and hairstylist (Carl Ray and Johnny Wright). The expense records also show $928.44 was spent for “bulk food” purchases on flight. Overall, during the trip, 192 meals were served for the 21 passengers on board. The professed purpose of Michelle Obama’s trip to South Africa and Botswana was to encourage young people living in the two growing democracies to become involved in national affairs; and during her scheduled stops in Pretoria and Cape Town, South Africa and in Gaborone, the capital of Botswana, the First Lady used the opportunity to speak on education, health and wellness issues. The trip also included such tourist events as visits to historical landmarks and museums, plus a nonworking chance to send time with Nelson Mandela, a meeting that Mrs. Obama described as “surreal.” The trip ended with a private family safari at a South African game reserve before the group returned to Washington on June 27.“ This trip was as much an opportunity for the Obama family to go on a safari as it was a trip to conduct government business,” said Judicial Watch President Tom Fitton. “This junket wasted tax dollars and the resources of our overextended military. No wonder we had to sue to pry loose this information.” 37



ALLAHASSEE, Fla. – The Florida Office of Insurance Regulation (Office) today released several documents summarizing products that have been accepted by the Office that comply with the Patient Protection and Affordable Care Act (PPACA) for sale in the individual health insurance marketplace beginning January 1, 2014. “Although the form and rate review process is ongoing, we have released this information to help the public and our state policymakers understand the full extent of federal health care

reform and its imminent impact on our state,” remarked Florida Insurance Commissioner Kevin McCarty.

Florida, and compared this pre-PPACA silver plan to actual silver plans filed with the Office; this resulted in an average 35.2 percent increase with a range of 7.6 percent to 58.8 percent. A second method compared company projected premiums to a marketplace average for policies without the 2014 PPACA provisions; this resulted in an average 39.3 percent increase with a range of 14.3 percent to 55.3 percent. It is important to note that neither of these methods incorporated any potential federal subsidies or credits that might be available to individuals.

In the document titled, “Individual Monthly Health Insurance Premiums Before and After PPACA,” the Office utilized two separate methods for The Office also released two calculating potential premium other documents, “Health increases. The first method Insurance Plans by utilized a hypothetical Company,” and mid-level “silver “Health Insurance plan” created by Plan Distribution the Office using by County.” The adjustments to Florida Insurance document a standard plan in Commissioner Kevin McCarty first shows the plans companies intend to sell both on and off the federally-facilitated exchange. The second document displays how many individual plans have been accepted by the Office to be sold in each county to date. All counties have at least one plan.


All documents released today are for products accepted by the Office as of July 31, 2013. These documents will continue to be updated as more plans are reviewed and accepted by the Office. The Office intends to release data for PPACA small group premiums in the near future. For more information, visit the Office’s Federal Health Care Reform website page.


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The Underwriter’s Insider

Continued from Page 33

KIM KOMANDO Then there’s the free myPlex service. This streams your content to a smartphone or tablet on the go. It even streams to an Internet browser on any computer. You can use it to share photos and videos with friends and family. Not a bad deal. The one drawback to Plex is that it can be a little harder to set up than some other systems. However, every new version makes it easier, and it’s free. So, there’s no harm in giving it a try. A media server doesn’t work if you can’t send the information anywhere. You need a network. Any wired network set up in the last 10 years is going to be fast enough for streaming media. For wireless, however, you really need an 802.11n router. This has the speed, range and signal strength you need for streaming media. If you need to upgrade your router, click HERE to read my router buying guide. An older 802.11g router could work if you’re only doing a little streaming here and there. However, you might find your network bogging down very quickly. Click HERE for simple tips to boost your Wi-Fi speed and range. Then, of course, you need gadgets on the other end to receive and

display the media. I mentioned most of them already: mobile gadgets, streaming video gadgets, video game consoles, and so forth. fff Given the number of gadgets out there, this can seem overwhelming. How do you know what works and what doesn’t? Start by listing what gear you already own. Then compare it to what each streaming service says is compatible. When you do this, you might find you already have the gear you need. That’s thanks to DLNA. DLNA stands for Digital Living Network Alliance. It’s a set of standards built into many networkconnected electronics. DLNA makes it easy for various gadgets to communicate and do just this kind of thing. There is a certification system, so DLNA-compatible electronics will list it as a feature in the manual. Any DLNA gadget should be able to receive streaming media from your server. That includes many TVs, Bluray players and audio receivers. That’s enough to get you started on your media-streaming project. Have fun! 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: listen. To subscribe to Kim’s free email newsletters, sign-up at: http://www.

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lmost 50 new hires to the Obamacare call center in Contra Costa, California were angry to learn that the positions they had applied for had been shifted to part-time - apparently to avoid having to provide health care benefits. “It is very disappointing. I was under the impression these were going to be well-paying, well-compensated positions,” said County Supervisor Mary Piepho. “We were really hopeful these would be jobs meeting the unemployment needs in our county and offer them the ability to make a living and support their families.”



Continued From Page 17

QQ SOLUTIONS PARTNERS WITH SMART CHOICE Named one of the “25 FastestGrowing Technology Companies” in South Florida by the South Florida Business Journal in 2011, QQ Solutions is a software-as-aservice (SaaS) company that provides feature-rich, affordable solutions that help independent insurance agencies grow revenues, enhance productivity and operate more efficiently. The company’s mission is to help independent insurance agencies compete in the digital world by leveraging the latest Web technology, social media, digital marketing and real-time services. QQ Solutions strives to delight its customers by exceeding their expectations in product quality, customer service, training & support, and by meeting their evolving needs through a program of continuous product development and improvement incorporating the best available technologies. The company’s headquarters is located in Deerfield Beach, Florida, where the company employs 65 people in software development, product management, product support, professional services, marketing, sales, IT, finance, and administration. 40



ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Gina Chiuppi Piers, 45, of 5623 Tee Court, Hope Mills; she was charged with two counts of embezzlement by an insurance agent.

and submitting 51 fraudulent premium financial agreements and using the funds for her own personal benefit. It addition, it is alleged that Piers charged some customers double for coverage and forged signatures on fraudulent insurance policies.

Department of Insurance criminal investigators allege that between June 12, 2012, and May 22, 2013 — while working as an insurance agent for a Cumberland County insurance agency — Piers embezzled $82,196.92. Investigators accuse Piers of forging

Piers was arrested on Aug. 2 in Cumberland County and placed under a $20,000 unsecured bond. Piers has surrendered her North Carolina insurance agent’s license and is expected to appear in court Aug. 5.



ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Jacinta Bethea, 38, of 468 Dorothea Drive, Raleigh; she was charged with two counts each of obtaining property by false pretense and attempting to obtain property by false pretense, and three counts of insurance fraud.

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Department of Insurance criminal investigators allege that using forged and otherwise fraudulent documentation, Bethea submitted false insurance claims to GEICO, Nationwide Insurance Company and North Carolina Farm Bureau to support payment for lost wages and medical bills after claiming she sustained injuries in motor vehicle accidents on June 4, 2010, Dec. 28, 2011 and Aug. 15, 2012. Bethea received payment in the amount of $2,222 from two of the insurance companies and was attempting to claim an additional $11,941.00 when the insurance companies contacted the Department of Insurance to investigate. Bethea was arrested on July 29, processed at the Wake County Jail and placed under a $15,000 secured bond.

The Underwriter’s Insider



ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced the arrests of Otto Biltres, Tampa, 41; Charles Brown, Tarpon Springs, 38; Kelly Bree Brown, Tarpon Springs, 34; Johnny Alton Lewis, Clearwater, 51; and Joseph T. Jordan, Palm Harbor, 50, for an organized scheme to defraud and operating without an insurance license.

PEO services such as providing workers’ compensation insurance coverage to client companies. Biltres charged client companies more than $130,000 for services and workers’ compensation insurance that was never provided.

Biltres formed a partnership with Charles Brown, a licensed insurance agent, to An investigation by the refer companies to Department of Financial Preferred Staffing Services’ Division of of America, Inc. Insurance Fraud revealed for a 45 percent that Otto Biltres, owner Florida CFO Jeff Atwater commission. of a temporary staffing agency called Brown is accused of assisting Biltres Preferred Staffing of America, Inc., with falsifying all the certificates of knowingly misled consumers into insurance that Biltres sent to each of believing that his company was his clients. a licensed professional employer organization (PEO) and could perform Brown’s wife, Kelly Bree Brown, along

with two unlicensed insurance agents, Joseph T. Jordan and Johnny Alton Lewis, is also accused of facilitating this organized scheme to defraud by steering client companies to Preferred Staffing of America, Inc. for a commission fee. Biltres, Brown, Lewis, Jordan and Brown were booked into the Pinellas County Jail. If convicted, they each face up to 30 years in prison. Anyone with information of suspected insurance fraud is asked to call 800378-0445. Citizens who provide tips can remain anonymous. The Department of Financial Services to date has awarded almost $275,000 to more than 40 citizens as part of its AntiFraud Reward Program. The program rewards individuals up to $25,000 for information that directly leads to an arrest and conviction in an insurance fraud scheme.



s the right to bear arms in America comes under increasing scrutiny from the Obama administration, it may

be a good time to examine your constitutional rights. If this is an issue that concerns you, click on the image at right for a full review:

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The Underwriter's Insider August 2013  

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