Bobby N. Harmon, CPCU, ARM
Las Vegas, NV 89118-2070
January 19, 2005
VIA fax only @ 808-586-2806
Mr. J.P. Schmidt
Insurance Commissioner, State of Hawaii
Honolulu, Hawaii 96813
RE: Complaint Against Marsh & McLennan - Unfair Competition
Dear Commissioner Schmidt:
Due to the recent revelations regarding bribery, bid-rigging, kick-backs, and other fraudulent actions by a number of prominent insurance companies and brokers, I have decided to file this complaint against Marsh & McLennan as it relates to an insurance proposal that was requested of American Mutual Underwriters, Ltd. (AMU) by National Housing Corporation in 1998 for the Ko `Olina resort development in West Oahu.
At that time, American Mutual Underwriters was a partner in an insurance organization called Assurex International (now Assurex Global). Our Ohio Assurex partner was the broker for National Housing Corporation, and that partner asked our office to obtain insurance proposals for their client who was planning a large real estate development in Ko `Olina. Sometime in 1998, I met with Kevin Showe (pronounced like the showe in shower) and we visited the Ko Olina site to get some idea of the size and nature of the development. During that visit, Mr. Showe commented that it wasn’t 100% certain that they were going to be able to go ahead with the project, but that it looked good. He said that one matter that needed to be resolved was a rezoning of the property. But, he said, this was a matter of downzoning, or downsizing, so that he thought it wouldn’t be a major problem.
I then began putting together the bid specifications for the proposal, working primarily with Layne Peckham, of Stewart Smith West, Inc., Prescott, Arizona, to arrange for the quotations and placement. Shortly afterwards, we received a phone call from National Housing advising us not to proceed with the quote, that they were going to deal exclusively with Marsh & McLennan. The word we received from them was that it did not have anything to do with our professional services, but that it was strictly “political”.
It was not until a few weeks after this that I learned that two of the major partners in this venture were Jeff Stone and former Bishop Estate Trustee Richard Wong, and that these two individuals were being indicted by the Attorney General’s office for alleged kick-backs involving real estate transactions with Bishop Estate.
I also learned that the servicing agent for the account was Rocco Sansone, who was the same agent involved with me at Kamehameha Schools/Bishop Estate, and who I accused of similar fraudulent bid-rigging and kick-back schemes in my RICO lawsuit.
Needless to say, the loss of this account potentially cost our agency and our staff millions of dollars in commission income. I sincerely believe that this was a clear case of unfair competition, and request that your office promptly and diligently investigate the operations of Marsh & McLennan in Hawaii, and take whatever legal action that may be warranted in order to protect not only the smaller insurance agents that have been financially harmed, but also the consuming public which must pay higher prices for goods and services because of inflated insurance costs resulting from these illegal schemes.
I refer you to the following web addresses for additional related information:
www.kycbs.net/Claims-By-Harmon.htm
www.kycbs.net/BH-CHRON-97-99.htm
www.kycbs.net/InsuranceCommissioners.htm
www.kycbs.net/AlliedWorldAssurance.htm
www.kycbs.net/BuzzardsOfParadise.htm
www.kycbs.net/GoldmanSachs.htm
www.kycbs.net/Travelers-St-Paul.htm
Please contact me if you have any questions, or if I can provide any additional information.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
cc: National Association of Insurance Commissioners
(via fax @ 816-783-8175)
Michael G. Cherkasky, President and Chief Executive Officer
Marsh & McLennan Companies, Inc. (via fax @ 212-345-4838)
John D. Finnegan, President and Chief Executive Officer
The Chubb Corporation (via fax @ 908-903-2027 and info@chubb.com)
Assurex Global (kblack@assurexglobal.com)
Bower Insurance Agency, Columbus, Ohio (jwatson@browerinsurance.com)
King & Neel, Inc., Honolulu, Hawaii (info@kingneel.com)
American Bar Association, Dispute Resolution (dispute@abanet.org)
William K. Slate II, President/CEO, American Arbitration Association
(via fax @ 212-716-5905 and Websitemail@adr.org)
Mark Appel, Senior Vice President
International Centre for Dispute Resolution (via e-mail: AppelM@adr.org)
Harry Kaminsky, Vice President
Neutrals’ Services, Phoenix, AZ (via e-mail: KaminskyH@adr.org)
James B. Farris, Senior Case Manager, American Arbitration Association
(via fax @ 559-490-1919 and e-mail: Farrisj@adr.org)
Mary Lou Woo, c/o Steven Guttman, Kessner Duca Umebayashi, et al.
(via fax @ 808-529-7177 and e-mail: sguttman@kdubm.com)
Mark Bennett, Attorney General, State of Hawaii
(via fax @ 808- 586-1239 and e-mail: hawaiiag@hawaii.gov )
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
Matt A. Tsukazaki, Esq., Torkildson Katz Fonseca Jaffe Moore & Hetherington
(via fax @ 808-523-6001 and e-mail: mat@torkildson.com)
Governor Linda Lingle, State of Hawaii (via fax @ 808-586-0006)
Hugh Jones, Deputy Attorney General (via fax @ 808-586-1477)
Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)
Billy Beaver, Pension & Welfare Benefit Admin. (via fax @ 626-229-1098)
Ralph F. Boyd, Jr., U.S. Dept. of Justice (via fax @ 202-514-1116)
Lyn Flanigan Anzai, Hawaii State Bar Association (via e-mail: lanzai@hsba.org)
Susan Tius, Esq., c/o Rush Moore Craven Sutton Morry & Beh
(via fax @ 808-521-0597)
Gerard Jervis, Lokelani Lindsey, Henry Peters, Oswald Stender, and Richard Wong, c/o Kenneth Hipp, Esq., Marr Hipp Jones & Pepper
(via fax @ 808-536-6700)
Jeffrey H.K. Sia, Esq., Ayabe Chong Nishimoto Sia & Nakamura
(via fax @ 808-526-3491)
Robert S. Tameler, ALPS, Claims Admin for Bradley Tamm and Greg Dunn
(via fax @ 406-728-7416)
Mike Coulter, Deputy Managing Director, Aon Insurance Managers
(via fax @ 808-540-4301 and e-mail: mike_coulter@agl.aon.com)
Casimer Fidele, Tradewind Insurance Company
(via fax @ 808-521-7489)
PricewaterhouseCoopers, c/o Warren Price III, Esq.
(via fax @ 808-533-0549)
Terry Mullen, CEO/Pres., John Mullen & Co.
(via fax @ 808-531-0053)
References:
www.kycbs.net/BK-Objection-1-19-5.htm
www.kycbs.net/AAA-Dec-SG-re-fees.pdf
www.kycbs.net/AAA-Guttman-Att-A.pdf