http://www.businesssecurity.net Thu, 06 Jan 2011 13:42:39 +0000 hourly 1 http://wordpress.org/?v=3.0.4 http://www.businesssecurity.net/stopping-insurance-fraud/#comment-174 David Thu, 06 Jan 2011 13:42:39 +0000 http://www.businesssecurity.net/#comment-174 My neighbor is a seriously disturbed, mentally ill, violent individual who has no income and preys on his neighbors and others in order to collect from the insurance policy that covers my H.O.A. He has attacked many people in the past because the Associations policy includes personal injury liability coverage. So he attacks people and claims they were at fault. This has been going on for years. i am his most recent victim. However there are only 4 units and 4 owners in my H.O.A. One of the other owners is the President of the H.O.A. and has totally mismanaged and embezzled from the Association. As a result he has conspired with my other neighbor to destroy me. the President does not want me to expose him for his crimes and the other neighbor is simply desperate and seriously disturbed. They have plotted against me and when I was attacked by my crazy neighbor, the President of my H.O.A. supported him by saying I was at fault. As a result he got personal injury attorney to take the case on contingency as they expected I would file a claim with the Association's Insurance policy and they would win a settlement. My Insurer did cover me for my defense, but they also insure the other two individuals because they are on the Board of Directors and covered for $2,000,000 each. since the President is a witness against me, I managed to persuade my attorney, who is Panel Counsel for my insurer, to hire a forensic accountant to prove the President embezzled from my Association which is his motive for testifying against me. The Accountant uncovered massive evidence to support this. In addition I have forced my attorney to thoroughly investigate my neighbor who is suing me. About $80,000 has been spent to depose many doctors, who have all testified that none of my neighbors claims are genuine and that he is in fact faking his injuries. Further we have obtained all his medical records and have uncovered a tremendous amount of evidence that he has a long history of this type of behavior, including another personal injury claim in which he also lied and received nothing. in addition he uses these false injuries as a means to acquire prescriptions for Oxy Contin, which he has been reported for suspicion of selling. There is an enormous amount of evidence and deposition testimony from people he has attacked, including an incident where he told a one year old girl to jump off a balcony because she was the daughter of his former neighbor who I purchased my home from. He preyed on her and her family, just as he has with me. despite the enormous amount of evidence I have to disprove all of the claims against me and even though it is very easy to prove he has lied about what happened, my insurer wants to settle the case. I have developed evidence that proves the President of My H.O.A. and my other neighbor, who is suing me, have conspired against me to prevent me from exposing them for their crimes. As a result, if the case were to go to trial, it would fully develop this situation and very possibly lead to a claim against my Board of Directors which my insurer would have to defend. therefore they do not want this to happen. For the first 14 months, I was defended by my insurer's captive law firm and they knew I would never agree to settle the claim. In addition it took 14 months until I finally filed a complaint with the Department of Insurance because they would not take a position on their reservation of rights. As a result they did Reserve their Rights and I requested Independent Counsel, but they denied me this right. Next they hired their Coverage Counsel to cite the cooperation clause in the policy to intimidate me into substituting in their Panel Counsel and insisted it was to prepare my case and take it to trial, but the real reason was to remove the case from their Captive Law Firm. They knew I would never settle the case and that this would lead to me loosing my coverage, so they needed to have me represented by their Panel Counsel, not their Captive law firm or it would be an issue for them. The plaintiffs attorney informed my first attorney he wanted to settle the case two years ago, but my lawyer knew I would not agree, so my insurer would not discuss a settlement at that time. However now that two years have passed and I am being defended by their panel Counsel and $80,000 has been spent on my defense, they have informed me that in less I release them from my defense they will attempt to settle the claim. They have not yet entered into settlement discussions and thus can not tell me whether or not they will in fact reach a settlement or take it to trial. They merely inform me that if I do not release them from my defense beforehand, I will not have another opportunity to do so. Obviously the plaintiff will accept a settlement because they have no chance of winning at trial. However they have done nothing at all to prepare their case for trial and have not even taken my deposition. There has been no new developments in their case against me and therefore no reason why my insurer could not have tried to settle the case two years ago. The only real reason is because they knew I would not agree to do so and I was being represented by their Captive Law Firm at the time. Also because the person suing me and his witness against me are the President and Vice President of my H.O.A. and the only two people on the Board of Directors, my defense would create a claim against them which my insurer would have to defense and they are insured for $2,000,000 each per incident. I have recently released my insurer from my defense by signing the agreement and will loose my coverage on January 17, 2011. I simply can not allow my neighbor to profit by attacking people and lying about it. He is a serious danger to the community and has been for a long time. Something needs to be done, but my insurer does not care. My attorney has done everything possible to see to it that the case gets settled and has intentionally interfered with my defense to prevent me from developing evidence against my Board of Directors. We have been at odds from the very beginning and I told him from the start that the only reason I was substituting him in as my new attorney was because I was received letters from my insurers coverage counsel and felt they were threatening to drop my coverage for not cooperating. I would greatly appreciate any assistance in this matter. I feel I have a strong case for bad faith, legal mal practice, and a case against my Board of Directors. Sincerely, David Soffer 858-213-5650 davidsoffer@hotmail.com My neighbor is a seriously disturbed, mentally ill, violent individual who has no income and preys on his neighbors and others in order to collect from the insurance policy that covers my H.O.A. He has attacked many people in the past because the Associations policy includes personal injury liability coverage. So he attacks people and claims they were at fault.
This has been going on for years. i am his most recent victim. However there are only 4 units and 4 owners in my H.O.A. One of the other owners is the President of the H.O.A. and has totally mismanaged and embezzled from the Association. As a result he has conspired with my other neighbor to destroy me. the President does not want me to expose him for his crimes and the other neighbor is simply desperate and seriously disturbed.
They have plotted against me and when I was attacked by my crazy neighbor, the President of my H.O.A. supported him by saying I was at fault. As a result he got personal injury attorney to take the case on contingency as they expected I would file a claim with the Association’s Insurance policy and they would win a settlement.
My Insurer did cover me for my defense, but they also insure the other two individuals because they are on the Board of Directors and covered for $2,000,000 each. since the President is a witness against me, I managed to persuade my attorney, who is Panel Counsel for my insurer, to hire a forensic accountant to prove the President embezzled from my Association which is his motive for testifying against me. The Accountant uncovered massive evidence to support this.
In addition I have forced my attorney to thoroughly investigate my neighbor who is suing me. About $80,000 has been spent to depose many doctors, who have all testified that none of my neighbors claims are genuine and that he is in fact faking his injuries. Further we have obtained all his medical records and have uncovered a tremendous amount of evidence that he has a long history of this type of behavior, including another personal injury claim in which he also lied and received nothing. in addition he uses these false injuries as a means to acquire prescriptions for Oxy Contin, which he has been reported for suspicion of selling.
There is an enormous amount of evidence and deposition testimony from people he has attacked, including an incident where he told a one year old girl to jump off a balcony because she was the daughter of his former neighbor who I purchased my home from. He preyed on her and her family, just as he has with me.
despite the enormous amount of evidence I have to disprove all of the claims against me and even though it is very easy to prove he has lied about what happened, my insurer wants to settle the case.
I have developed evidence that proves the President of My H.O.A. and my other neighbor, who is suing me, have conspired against me to prevent me from exposing them for their crimes. As a result, if the case were to go to trial, it would fully develop this situation and very possibly lead to a claim against my Board of Directors which my insurer would have to defend. therefore they do not want this to happen.
For the first 14 months, I was defended by my insurer’s captive law firm and they knew I would never agree to settle the claim. In addition it took 14 months until I finally filed a complaint with the Department of Insurance because they would not take a position on their reservation of rights. As a result they did Reserve their Rights and I requested Independent Counsel, but they denied me this right. Next they hired their Coverage Counsel to cite the cooperation clause in the policy to intimidate me into substituting in their Panel Counsel and insisted it was to prepare my case and take it to trial, but the real reason was to remove the case from their Captive Law Firm. They knew I would never settle the case and that this would lead to me loosing my coverage, so they needed to have me represented by their Panel Counsel, not their Captive law firm or it would be an issue for them.
The plaintiffs attorney informed my first attorney he wanted to settle the case two years ago, but my lawyer knew I would not agree, so my insurer would not discuss a settlement at that time. However now that two years have passed and I am being defended by their panel Counsel and $80,000 has been spent on my defense, they have informed me that in less I release them from my defense they will attempt to settle the claim. They have not yet entered into settlement discussions and thus can not tell me whether or not they will in fact reach a settlement or take it to trial. They merely inform me that if I do not release them from my defense beforehand, I will not have another opportunity to do so. Obviously the plaintiff will accept a settlement because they have no chance of winning at trial. However they have done nothing at all to prepare their case for trial and have not even taken my deposition. There has been no new developments in their case against me and therefore no reason why my insurer could not have tried to settle the case two years ago. The only real reason is because they knew I would not agree to do so and I was being represented by their Captive Law Firm at the time. Also because the person suing me and his witness against me are the President and Vice President of my H.O.A. and the only two people on the Board of Directors, my defense would create a claim against them which my insurer would have to defense and they are insured for $2,000,000 each per incident.
I have recently released my insurer from my defense by signing the agreement and will loose my coverage on January 17, 2011. I simply can not allow my neighbor to profit by attacking people and lying about it. He is a serious danger to the community and has been for a long time. Something needs to be done, but my insurer does not care.
My attorney has done everything possible to see to it that the case gets settled and has intentionally interfered with my defense to prevent me from developing evidence against my Board of Directors. We have been at odds from the very beginning and I told him from the start that the only reason I was substituting him in as my new attorney was because I was received letters from my insurers coverage counsel and felt they were threatening to drop my coverage for not cooperating.
I would greatly appreciate any assistance in this matter. I feel I have a strong case for bad faith, legal mal practice, and a case against my Board of Directors.
Sincerely,
David Soffer
858-213-5650
davidsoffer@hotmail.com

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