MORE SONGS BY
BAD FAITH & THE WHISTLER
Sightings from The Catbird Seat
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LATEST RELEASES BY BAD FAITH & THE WHISTLER
NO. 1 - Bad Faith, Racketeering, fraud, tax fraud, obstruction of justice, libel, professional errors and omissions claims against the Office of the United States Trustee, Carol Muranaka, Curtis Ching, Gayle Lau, Mary Lou Woo, James Nicholson, David Farmer, Steven Guttman, James Duca, and the law firm of Kessner Duca Umebayashi Bain & Matsunaga:
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NO. 2 - Bad Faith Claims Against Matt Tsukazaki, Robert Katz and Torkildson Katz Fonseca Moore & Hetherington.
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NO. 3 - Bad Faith Claims Against Kamehameha Schools/Bishop Estate, P&C Insurance Company, James Cribley, Edwina Clarke, Henry Peters, Robert Kihune, Francis Keala, Douglas Ing, Ron Libkuman, Constance Lau, Diane Plotts, Nathan Aipa, Colleen Wong, Louanne Kam, Rodney Park, Clyde Mark, Rocco Sansone, Peter Lowe, Christine Lee, William S. Richardson, Ron Poepoe, Jeffrey Sia, XL (Bermuda), Ltd, Terry Mullen, John Mullen & Co., and any other officers, directors, trustees, attorneys, reinsurance companies and independent claims adjusters for P&C Insurance Company, their parent company, and any Trustees and employees of Kamehameha Schools who may have exercised any manner of influence or degree of control, or had any administrative responsibilities for the operations of, or claims adjusting activities for, this single-parent captive insurance company.
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NO. 4 - Bad Faith Claims Against Kenneth Hipp; Marr Hipp Jones & Wang; and St. Paul Travelers Insurance Company.
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NO. 5 - Bad Faith Claims Against Island Insurance Co. ; Colbert Matsumoto; John Schapperle; Linda Gilchrist; Michael Tanoue, Esq., and The Pacific Law Group
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NO. 6 - Bad Faith Claims Against St. Paul Travelers Company, Jeffrey Sia, Sidney K. Ayabe, and the law firm of Ayabe, Chong, Nishimoto, Sia & Nakamura.
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NO. 7 - Bad Faith claims against the American Arbitration Association, Julie Schermerhorn; Justin Schuck; James Farris; William K. Slate, II; Judith Neustadter Fuqua, etc.:
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NO. 8 - New Settlement Proposal for Fraud, Bad Faith, Professional Liability, Obstruction of Justice, etc., Claims Against Colbert Matsumoto, An Individual:
What are "Bad Faith Insurance Claims?"
Bad Faith Claims
This term is applied when an insurance company's denial of coverage is wrongful and/or constitutes bad faith. Generally, this reference describes a carrier's contemptuous conduct and unscrupulous greed in their effort to avoid paying a policyholder's just claim.
Insurance policies are confusing, ambiguous and filled with loopholes by design - not just coincidence. Comprehensive interpretation is difficult for trained professionals and rare for laypersons. It 's also not unusual for insurers to offer promotional materials to help sell the policy that contain representations contrary to the policy that is actually issued. Prudent saving of any informational brochures and sales aids could prove valuable for future claims disputes.
Benefits discrepancies between offers and actual delivered underwritten policies are particularly widespread with regard to umbrella coverage. One very well known carrier publicly advertised that its umbrella policy will protect the insured from suits relating to:
false arrest, false imprisonment, wrongful eviction wrongful detention, malicious prosecution humiliation; libel, slander, defamation of character or invasion of rights of privacy; and assault and battery.
However, if a claim is actually filed for one of these, the insurance company may assert that Insurance Code 533 -- which states that an insurer is not liable for the willful act of the insured -- precludes coverage for intentional torts. Such conduct approaches actionable bait-and-switch sales tactics. The consequences of misrepresenting policy coverage in promotional material range from fraud-based punitive damages to bad faith liability.
By law, these discrepancies must be interpreted in favor of the policyholder. If any clause in the insurance contract was unconscionable at the time it was drafted, the court may refuse to enforce the contract or the offending stipulations. The insurer is responsible for meeting the objectively reasonable expectations of the insured and coverage must be provided accordingly.
Virtually every bad faith case reported over the past 20 years discusses the "peace of mind" motivation in purchasing insurance. This is a key motivation for the purchase of indemnity products.
Although the law requires an insurance company to consider the interests of the insured at least as much as its own, if there is any excuse for an insurance company to deny or limit coverage of a large claim, it probably will try to do so. Insurance companies are masters of claims negotiation.
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What is “Bad Faith”?
Insurance Claims Consultants
1) Misrepresenting of pertinent facts of insurance policy provisions relating to coverage at issue.
2) Failing to acknowledge and act reasonably and promptly upon communications with respect to claims arising out of insurance policies.
3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies.
4) Refusing to pay claims without conducting a reasonable investigation based upon all available information.
5) Failing to confirm or deny coverage of claims within a reasonable time after proof of loss statement has been completed.
6) Not attempting in good faith to effectuate fair and equitable settlements of claims in which liability has become reasonably clear.
7) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amount ultimately recovered in actions brought by such insured's.
8) Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application.
9) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured.
10) Making claims payments to insured or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made;
11) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
12) Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.
13) Failing to promptly settle claims where liability has become reasonably clear under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
14) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.
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For more, GO TO > > > The Bad Faith Buzzards
The Anti-SLAPP Resource Center
The United States and California constitutions grant every person the right to participate in government and civic affairs, speak freely on public issues, and petition government officials for redress of grievances. Yet, individuals and community groups are often sued for exercising these constitutional rights.
These suits are known as "SLAPPs," or "Strategic Lawsuits Against Public Participation."...
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For more, GO TO > > > SLAPPED!
HAWAII ANTI-SLAPP STATUTE
Hawaii Revised Statutes
Vol. 13, Chap. 634F
... "SLAPP" means a strategic lawsuit against public participation and refers to a lawsuit that lacks substantial justification or is interposed for delay or harassment and that is solely based on the party's public participation before a governmental body. [L 2002, c 187, pt of §2]
For the complete text of the Hawaii Anti-SLAPP statute...
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For more, GO TO > > > SLAPPED!
May 19, 2009
RE: CV05-00030 - U.S. Dept of Justice, David C. Farmer, Trustee vs. Bobby N. Harmon - New Exhibit: "Marsh & McLennan & AON have participated for decades in fraud and bid rigging..."
Bobby N. Harmon, CPCU
"President Barack Obama" <firstname.lastname@example.org>, "U.S. Attorney General Eric Holder" <AskDOJ@usdoj.gov>, "David Farmer" <email@example.com>, "Steven Guttman" <firstname.lastname@example.org>, "Carol K. Muranaka" <email@example.com>, "Judge David A. Ezra" <firstname.lastname@example.org>, "Judge Kevin S.C. Chang" <email@example.com>, "Judge Barry M. Kurren" <firstname.lastname@example.org>, "Securities & Exchange Commission Enforcement Division" <email@example.com>, "U.S. Treasury Dept. Office of Inspector General" <firstname.lastname@example.org>, "Office of Inspector General US Dept of Justice" <email@example.com>, "Executive Office for U.S. Trustees" <firstname.lastname@example.org>, "Judge Robert Faris" <email@example.com>, "SEC Office of The Inspector General" <firstname.lastname@example.org>, "Hawaii State Bar Association" <email@example.com>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Hugh Jones" <firstname.lastname@example.org>, "Insurance Division Fraud Branch" <email@example.com>, "Lawrence Reifurth" <firstname.lastname@example.org>, "Linda Lingle" <email@example.com>, "Jo Ann Uchida" <firstname.lastname@example.org>
"ACLU Hawaii" <email@example.com>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <firstname.lastname@example.org>, "Aon Insurance Managers" <email@example.com>, "Arthur Rath" <firstname.lastname@example.org>, "Benjamin Kudo" <email@example.com>, "Bradley Tamm" <firstname.lastname@example.org>, "Carl Morton" <email@example.com>, "Charles Hurd" <firstname.lastname@example.org>, "David Shapiro" <email@example.com>, "Dee Jay Mailer" <firstname.lastname@example.org>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <email@example.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <firstname.lastname@example.org>, "James Wriston" <email@example.com>, "Jeffrey Watanabe" <firstname.lastname@example.org>, "Jim Dooley" <email@example.com>, "Joe Moore" <firstname.lastname@example.org>, "John D. Finnegan" <email@example.com>, "John Goemans" <firstname.lastname@example.org>, "Judson Witham" <email@example.com>, "Ken Conklin" <firstname.lastname@example.org>, "Lyn Flanigan Anzai" <email@example.com>, "Margery Bronster" <firstname.lastname@example.org>, "Marsh Affinity Group" <email@example.com>, "Michael N. Tanoue" <firstname.lastname@example.org>, "Michelle Tucker" <email@example.com>, "Nathan Aipa" <firstname.lastname@example.org>, "Paul Alston" <email@example.com>, "Randall Roth" <firstname.lastname@example.org>, "Rick Daysog" <email@example.com>, "Robert Bruce Graham" <firstname.lastname@example.org>, "Robin Campaniano" <email@example.com>, "Samuel P. King" <firstname.lastname@example.org>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <email@example.com>, "Don Michak" <firstname.lastname@example.org>, "Rocco Sansone" <email@example.com>, "Ted Pettit" <firstname.lastname@example.org>, "Laura Thielen" <email@example.com>, "Vaughn & Lynda Robinson" <firstname.lastname@example.org>, "Rebecca Christie" <email@example.com>, "Catbird" <firstname.lastname@example.org>, "James Duca" <email@example.com>, "Ian Lind" <firstname.lastname@example.org>, "Roy F. Hughes" <email@example.com>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "Jack Cashill" <JCashill@aol.com>, "Marshall Chriswell" <firstname.lastname@example.org>, "Laser Haas" <email@example.com>, "Lucy Komisar" <firstname.lastname@example.org>, "Democrats.com" <email@example.com>, "Debra Sweet" <firstname.lastname@example.org>, "Jane Kirtley" <email@example.com>, "V K Durham" <firstname.lastname@example.org>, "John Jubinsky" <Jube@tghawaii.com>, "Yamil Berard" <email@example.com>, "Global Exchange" <firstname.lastname@example.org>, "William K. Black" <email@example.com>, "Carole Williams" <firstname.lastname@example.org>, "Susan Tius" <STius@rmhawaii.com>, "Human Rights in China" <email@example.com>, "Michelle Malkin" <firstname.lastname@example.org>, "Heather Vsn Doren" <email@example.com>, "Phil J. Berg" <firstname.lastname@example.org>, "Amnesty International U.S.A." <email@example.com>, "Michael Moore" <firstname.lastname@example.org>, "California Anti-SLAPP Project" <email@example.com>, "Thomas Fitton" <firstname.lastname@example.org>, "Ron Branson" <VictoryUSA@jail4judges.org>
California Insurance Fraud Attorneys
The Law Offices of Nadrich & Cohen, LLP, a successful and aggressive California and nationwide law firm is seeking appropriate companies and/or individuals who have utilized Marsh & McLennan or AON as their insurance brokers for placement of insurance policies. Marsh & McLennan & AON have participated for decades in fraud and bid rigging by placing its clients' insurance with certain carriers solely to obtain additional commissions undisclosed to their clients. What Marsh & McLennan and AON clients did not know was that a secret commission was paid to Marsh & McLennan or AON for their insurance placement in addition to the disclosed brokerage fee.
Unlike markets for securities, commodities, and other financial products, commercial insurance is bought and sold in private. Insurance brokers such as Marsh & McLennan & AON are no more than middle-men who match up buyers and sellers in return for a cut of the transaction. Marsh & McLennan is the leader in selling property casualty coverage to businesses around the world. Industry wide, premiums paid last year just in the United States totaled $176 billion.
The bid-rigging scheme worked as follows: Marsh & McLennan or AON steered business toward certain insurance companies at designated prices. They then would solicit additional artificial higher fake bids from other companies to give the appearance to the client of real bidding. Marsh & McLennan did this even as it claimed in public statements that its "guiding principles" was to consider its clients' best interests "first and foremost."
By this activity, Marsh clearly did not consider its client's best interest "first and foremost."
The kick-back scheme worked as follows: Insurance brokers such as Marsh & McLennan & AON received directly from insurance companies additional secret commissions over and above their ordinary commissions. These commissions were paid for steering volume business to a particular company's way. Insurance companies called these fees "contingent commissions" or "market service agreements". The client never knew.
Critics call these commissions for what they are:
These improper fee arrangements date back for decades. Many insurance industry executives say it was known to select insiders that these arrangements were in place in order to boost insurance brokers' revenue.
However, these payments were never disclosed to the insured/client to which the brokers owed a fiduciary duty to. Critics and New York Attorney General Eliot Spitzer maintain these practices are poorly disclosed and are a conflict of interest for brokers ostensibly acting on a policy holder's behalf.
Attorney General Spitzer has obtained documentation of employees of AIG who supplied fake quotes to provide the illusion of competitive bidding for Marsh & McLennan clients knowing; at all times, that another insurance company would nonetheless win the bid. Attorney General Spitzer's investigation includes AIG Insurance Company, Bermuda based Ace Insurance Company, Hartford Insurance Company and others.
Marsh & McLennan received $800 million in revenue from contingent commissions in 2003 - the equivalent of more than half of its $1.5 billion income.
Marsh & McLennan cheated its own corporate clients by rigging bids and wrongfully collecting huge fees from insurance companys for throwing business their way. They purposefully did not disclose these fees to their clients. If this occurred to you and/or your company, please immediately contact our experienced insurance class action law firm as we are vigorously investigating a class action against Marsh & McLennan and AON.
The effect of contingent commissions are that they wrongfully reward brokers for hitting profit or volume targets and thus provide brokers a financial incentive to choose one company over another, even if the other company offered a better price or better terms.
Nadrich & Cohen, LLP and co-counsel are actively interviewing Marsh and AON's clients for purposes of bringing a civil lawsuit against Marsh & McLennan and/or AON. The lawsuit's basis will be that the incentive fees or contingent commissions or placement service agreements paid in exchange for sending more business to an insurance company's way were in reality, wrongful commissions which defrauded the policy holder by not intentionally providing the policy holder with the best deal possible. The cost of insurance was also artificially raised, forcing buyers to pay higher premiums, thus further cheating buyers.
The lawsuit will seek to have contingent commissions declared illegal, recover damages for Marsh customers and forces Marsh & McLennan to give up illegal profits.
Nadrich & Cohen, LLP and its co-counsel are pursuing a separate class action to demand reimbursement to Marsh & McLennan stock investors because Marsh's wrongful actions devalued the price of the stock.
The Law Offices of Nadrich & Cohen, LLP is seeking clients of Marsh & McLennan who were victims of the undisclosed contingent commission bid-rigging and other anti-competitive activities. We strongly believe Marsh's actions harmed its clients by keeping their insurance prices artificially inflated.
Our law firm is an experienced and aggressive insurance fraud law firm actively seeking policy holders who purchased insurance through Marsh & McLennan or AON, Inc.
Companies that we know who are involved in the bid-rigging process included AIG or American International Group, Hartford Fire Insurance Company, Chubb Indemnity Corp., and other insurances.
If you or your business purchased insurance through Marsh & McLennan of AON, please contact us immediately. Nadrich & Cohen, LLP works on a contingent fee basis only. We are paid a fee only if we obtain a recovery. If we do not obtain a recovery our clients owe us nothing for our services.
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May 19, 2009
Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, and All Concerned:
Due to the discovery of new facts, I am adding the subject Exhibit as it relates to this lawsuit which violates my Constitutional Rights of Free Speech and a Fair Trial, and Federal and Hawaii Anti-SLAPP statutes. You will find related information on-line at:
In view of all the facts that I have presented in this and hundreds of other Exhibits and witness descriptions, it is beyond comprehension that former Attorney General Alberto Gonzales; Assistant U.S. Trustees Curtis Ching, Gayle Lau and Carol Muranaka; Judges Eden Hifo (fka Bambi Weil), Kevin Chang, David Ezra, Barry Kurren, Lloyd King and Robert Faris; Trustees Mary Lou Woo, James Nicholson and David C. Farmer; American Arbitration Association arbitrator Judith Neustadter Fuqua, attorney Steven Guttman, and others, can still claim that they were non-conflicted, fair, impartial, and unbiased in this case.
Mr. Farmer and Mr. Guttman, in spite of all this factual evidence (not just "political opinions" or "conspiracy theories" as you have previously alleged), I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.
However, if you, and your insurance carriers, are still not willing to attempt to negotiate or mediate a settlement, then I ask that you perform your mandated review of this new Exhibit in accordance with Judge Ezra's Order, and advise me if you find it contains any so-called "protected subject matter", and whether or not you intend to OBJECT to my filing a Motion to reopen this case.
I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "PSM" in these updated pages, and that you will NOT file any objections to my Motion.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
A play-list to more songs by...
BAD FAITH & THE WHISTLER
AMERICAN ARBITRATION ASSOCIATION
(Julie Schermerhorn; Justin Schuck; James Farris;
William K. Slate, II; Judith Neustadter Fuqua)
AON INSURANCE MANAGERS
ARNOLD T. PHILLIPS, ESQ.
ARTHUR ANDERSEN, LLP
ATTORNEY GENERAL, STATE OF HAWAII
AYABE, CHONG, NISHIMOTO, SIA & NAKAMURA
(Jeffrey Sia, Esq; Ronald Libkuman, Esq; St. Paul Insurance Co.)
CADES SCHUTTE FLEMING & WRIGHT
(Michael Heihre, f.k.a. Mike Hare; Peter Olson)
CALIFORNIA & HAWAII INSURANCE COMMISSIONERS
CHUBB GROUP (FEDERAL INSURANCE CO.)
(John D. Finnegan)
CITY & COUNTY OF HONOLULU
(Mufi Hannemann, Mayor)
FEDERAL BUREAU OF INVESTIGATION
GREG DUNN AND BRADLEY TAMM
(Attorney Liability Protection Society; Peter Olson, Cades Schutte)
INTERNAL REVENUE SERVICE
(Janet Hughes, Carolyn Woods)
ISLAND INSURANCE COMPANY
(Colbert Matsumoto; Roy Hughes; Michael Tanoue, Pacific Law Group; David Nakashima, Alston Hunt Floyd & Ing)
JOHN MULLEN & CO.
(Terry Mullen; Robert Kuroda; Rina Stone, Zurich Insurance)
KAMEHAMEHA SCHOOLS & SUBSIDIARIES
(Henry Peters, Richard Wong, Hamilton McCubbin, Dee Jay Mailer, Nathan Aipa, Colleen Wong, Louanne Kam, and a Cast of Thousands)
KESSNER, DUCA, UMEBAYASHI, BAIN & MATSUNAGA
(Steven Guttman, Robert Kessner, James Duca)
MARY LOU WOO, TRUSTEE
MARR, HIPP, JONES & PEPPER
(Kenneth Hipp; Christopher Yeh; St. Paul Insurance Co.; Stewart-Smith)
MARSH & McLENNAN
(Rocco Sansone; Christine Lee; Ron Poepoe; Robert Miller, Esq.)
MILLER & CHEVALIER
MORGAN, LEWIS & BOCKIUS
P&C INSURANCE COMPANY, INC.
(Clyde Mark; Ron Poepoe; Rocco Sansone; Rodney Park; Jeffrey Sia,
Ayabe Chong Nishimoto Sia & Nakamura;
Matt Tsukazaki, Esq., Torkildson Katz Fonseca Jaffe & Moore)
PRUDENTIAL FINANCIAL SERVICES
RUSH, MOORE, CRAVEN, SUTTON, MORRY & BEH
(Susan Tius, Esq)
SECURITIES & EXCHANGE COMMISSION
ST. PAUL TRAVELERS COMPANIES INC.
TORKILDSON, KATZ, FONSECA, MOORE & HETHERINGTON
(Robert Katz and Matt Tsukazaki)
U.S. DEPARTMENT OF JUSTICE
U.S. DEPARTMENT OF LABOR
ZURICH FINANCIAL SERVICES
(Terry Mullen; Robert Kuroda; Rina Stone, Zurich Insurance;
MORE TO COME?
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FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
Originally posted: August 29, 2006
Last Update July 26, 2009, by The Catbird
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August 29, 2006: Originally posted on www.the-catbird-seat.net
March 13, 2007: Judge David Ezra signs Order to shut down website
July 26, 2009: Latest update on www.kycbs.net
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