Bobby N. Harmon, CPCU, ARM
December 15, 2004
VIA fax @ 808-523-6001
e-mail: info@torkildson.com
Matt A. Tsukazaki, Esq.
Torkildson Katz Fonseca Jaffe Moore & Hetherington
AmFac Tower, Floor 15
700 Bishop Street
Honolulu, HI 96813
RE: Notice of Claim Against Kamehameha Schools; P&C Insurance Co., Inc.;
Matt A. Tsukazaki, Robert Katz, Sabrina Toma and Torkildson Katz, et al.
References: Harmon Ch. 7 Bankruptcy Case No 99-04339, and
Mary Lou Woo, Trustee v. Harmon - Case No. 74 166 00491 03 JAFA
Dear Mr. Tsukazaki:
Nearly two months have passed without a response from your, your professional liability insurance carrier, or any of your purported clients, to my Notice of Claim letter to you dated October 21, 2004, in which I wrote:
Eight months have now gone by without a response from you, or your insurance carrier, to my Notice of Claim letter to you dated December 12, 2003, in which I stated:
This is a Notice of Claim against the individuals and the law firm referenced above for racketeering, tax fraud, mail fraud, wire fraud, conspiracy to commit fraud, breach of attorney-client privilege, conflicts of interests, obstruction of justice, and other wrongful acts.
As evidence attesting to the truthfulness of these allegations, I am providing you a copy of Bradley R. Tamm’s facsimile dated April 6, 2002, addressed to you, Steven Guttman, and Susan Tius. In this communication, Mr. Tamm attached a copy of my letter to Gregory T. Dunn dated March 30, 2002, and stated:
“TRANSMITTED HEREWITH IS A COPY OF A LETTER RECENTLY RECEIVED FROM MR. HARMON. APPARENTLY, HE IS SENDING NEARLY IDENTICAL LETTERS TO ALL OF US.
“I WOULD REQUEST THAT MR. TSUKAZAKI RELEASE TO ME A COPY OF ANY SIMILAR LETTERS SENT TO HIM, MS. TIUS, OR BISHOP ESTATES. I BELIEVE WE SHOULD ALL COOPERATE IN EXCHANGING SUCH INFORMATION FOR OUR MUTUAL BENEFIT AND THE PRESERVATION OF OUR CARRIER’S INTERESTS.”
As further evidence, I am also enclosing a copy of Mr. Steven Guttman’s letter to you dated April 5, 2002. I request that you promptly report this claim to your insurance carrier, and ask that their authorized Claims Adjuster contact me as soon as possible for further information.”
Due to the civil and criminal charges recently filed against Marsh & McLennan, Inc., Aon, Ace, St. Paul Travelers, and other insurance brokers and companies for fraud and “kick-backs” of the type I have alleged in my claims letter, I would again urge you to have the involved entities get together to attempt to negotiate a global settlement for all unresolved claims. I refer you to the following web addresses for additional information:
www.the-catbird-seat.net/Bishop.htm
www.the-catbird-seat.net/MarshBirds.htm
www.the-catbird-seat.net/Claims-By-Harmon.htm
www.the-catbird-seat.net/Aon.htm
www.the-catbird-seat.net/AIG.htm
www.the-catbird-seat.net/AlliedWorldAssurance.htm
www.the-catbird-seat.net/BuzzardsOfParadise.htm
www.the-catbird-seat.net/ChubbGroup.htm
www.the-catbird-seat.net/GoldmanSachs.htm
www.the-catbird-seat.net/Prudential.htm
www.the-catbird-seat.net/RICO-BH.htm
www.the-catbird-seat.net/TheMeadows.htm
www.the-catbird-seat.net/Travelers-St-Paul.htm
Please advise me immediately if this proposal to negotiate an out-of-court global settlement is something that you and other involved entities - and your respective insurance carriers - wish to consider as an alternative to further claims and lawsuits involving this multitude of diverse parties. As your firm reportedly represented Kamehameha Schools Bishop Estate and P&C Insurance Company, Inc., in previous litigation, and as you have requested that I send all correspondence regarding these entities to your attention, I am asking that you provide a copy of this notice to all related parties that you have previously represented.
If I do not receive a response from you within five days, I will assume that you do not intend to provide a copy of this letter to these entities and will submit separate updated claim information directly to them. Thank you for your attention to this important matter.
< END OF QUOTATION >
As the parties involved apparently have decided not to accept my offer to attempt to negotiate settlement of these claims on a global basis, I am proceeding to attempt to negotiate settlement directly with each of the involved entities. Therefore, I ask that you please have an authorized representative of your professional liability insurance carrier contact me within five days to begin settlement negotiations on behalf of Torkildson Katz Fonseca Jaffe Moore & Hetherington.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
cc: 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: sguttman@kdubm.com)
Mark Bennett, Attorney General, State of Hawaii
(via fax @ 808- 586-1239 and e-mail: hawaiiag@hawaii.gov )
Eliot Spitzer, Attorney General, State of New York
(via e-mail - www.oag.state.ny.us )
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
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: 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)
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: 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.the-catbird-seat.net/BK-Objection-1-19-5.htm
www.the-catbird-seat.net/AAA-Dec-SG-re-fees.pdf
www.the-catbird-seat.net/AAA-Guttman-Att-A.pdf