Bobby N. Harmon, CPCU, ARM
March 7, 2005
VIA fax only @ (808) 564-8456
Mr. Colbert Matsumoto, CEO
Linda Gilchrist, President and COO
Island Insurance Companies
1022 Bethel St.
Honolulu, HI 96813
Re: Notice of Claim Against Island Insurance Company, Inc.
Dear Mr. Matsumoto and Ms. Gilchrist:
In my letter dated February 4, 2005, I mistakenly advised you that I had not received a response to my Notice of Claim letters dated September 23, 2004 and September 27, 2004, addressed to Casimer Fidele, Jr. in your Claims Department. In checking through my unfiled correspondence today, I found a letter dated October 12, 2004, from Casimer Fidele, your Claim Representative, which did provide an answer to my two letters. At the time I received Mr. Fidele’s response I was in the process of packing and moving to a new residence, and did not have the time to provide a response or to file his letter in my regular pending files. I apologize for this oversight, and for any inconvenience this may have caused.
Despite this oversight on my part, however, the remainder of my Notice of Claim letter to you dated February 4, 2005, remains valid, since Mr. Fidele’s letter did not address the relevant conflict-of-interest issues between Island’s attorney, Michael Tanoue, Judge Kevin S.C.Chang, Kamehameha Schools and Chief U.S. District Judge David A. Ezra. Disturbingly curious, however, is the fact that Casimer Fidele did state in his letter of October 12, 2004: “If you have any questions regarding the foregoing, please do not hesitate to contact the undersigned or our coverage counsel, Michael N. Tanoue, of The Pacific Law Group, at (808) 523-2999.” The only courtesy copy of his letter was sent to Michael N. Tanoue, Esq.
This brings up yet another legal question. By sending my Notice of Claim letter to Michael N. Tanoue, the very party that I am claiming has a conflict of interest in this case, has Island breached my right of privileged communications?
In my letter to you dated February 4, 2005, I stated: “The latest update to this conflict issue, is the fact that I have been ordered by Chief U.S. District Judge David A. Ezra to appear for a Scheduling Conference/Status Conference on April 11, 2005, before Judge Kevin S.C. Chang.” I also stated in this letter: “I am requesting that you have an authorized claims representative from your Professional Liability Insurance carrier contact me immediately to begin their investigation into my claims against Island Insurance Company of bad faith, fraud, conspiracy to commit fraud, obstruction of justice, racketeering, and other wrongful acts.”
Since the scheduled conference date is now only about a month away, it is imperative that I receive your immediate response from your Professional Liability Insurance carrier to my February 4, 2005, Notice of Claim letter, as well as this letter in which I have raised new issues regarding Michael N. Tanoue, Esq.
For additional information, I again refer you to the following website addresses:
Again, I apologize for the mistake in my February 4th letter, and any inconvenience it may have caused.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
cc: 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 Email: firstname.lastname@example.org)
William K. Slate II, President/CEO, American Arbitration Association
(via fax @ 212-716-5905 and Email: 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: email@example.com)
Mark Bennett, Attorney General, State of Hawaii
(via fax @ 808- 586-1239 and e-mail: firstname.lastname@example.org )
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
Matt Tsukazaki, Esq., Torkildson Katz Fonseca Jaffe Moore & Hetherington
(via fax @ 808-523-6001 and e-mail: email@example.com
Governor Linda Lingle, State of Hawaii (via fax @ 808-586-0006)
Hugh Jones, Deputy Attorney General (via fax @ 808-586-1477)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
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: firstname.lastname@example.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)
Michael F. Perlis, Esq., Stroock & Stroock & Lavan, LLP, Atty for Federal Ins Co
(via fax @ 310-556-5959)
Mike Coulter, Deputy Managing Director, Aon Insurance Managers
(via fax @ 808-540-4301 and e-mail: email@example.com)
PricewaterhouseCoopers, c/o Warren Price III, Esq.
(via fax @ 808-533-0549)
Terry Mullen, CEO/Pres., John Mullen & Co.
(via fax @ 808-531-0053)