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Date Posted: 01:54:37 07/22/09 Wed
Author: Bobby N. Harmon, CPCU
Subject:

MORE SONGS BY BAD FAITH & THE WHISTLER

"MORE SONGS BY BAD FAITH & THE WHISTLER" - (An Exhibit in CV05-00030 - U S Dept of Justice vs Harmon)

Wednesday, July 22, 2009 1:08 AM

From: Bobby N. Harmon, CPCU

To: "President Barack Obama" , "U.S. Attorney General Eric Holder" , "David Farmer" , "Steven Guttman" , "Carol K. Muranaka" , "Judge David A. Ezra" , "Judge Kevin S.C. Chang" , "Judge Barry M. Kurren" , "Securities & Exchange Commission Enforcement Division" , "U.S. Treasury Dept. Office of Inspector General" , "Office of Inspector General US Dept of Justice" , "Executive Office for U.S. Trustees" , "Judge Robert Faris" , "SEC Office of The Inspector General" , "Hawaii State Bar Association" , "Hugh Jones" , "Insurance Division Fraud Branch" , "Lawrence Reifurth" , "Linda Lingle" , "Jo Ann Uchida" , "Office of Inspector General Civil Rights Complaints" , "Mark Bennett" , "American Arbitration Association" , "Judith Neustadter" , "Benjamin J. Cayetano" , "All Representatives" , "All Senators" , "Andrew Walden" , "Aon Insurance Managers" , "Arthur Rath" , "Benjamin Kudo" , "Bradley Tamm" , "Carl Morton" , "Charles Hurd" , "David Shapiro" , "Dee Jay Mailer" , "J C Shannon" , "James B Nicholson" , "James B. Farris" , "James Cribley" , "James Wriston" , "Jeffrey Watanabe" , "Jim Dooley" , "Joe Moore" , "John D. Finnegan" , "Judson Witham" , "Ken Conklin" , "Lyn Flanigan Anzai" , "Margery Bronster" , "Marsh Affinity Group" , "Michael N. Tanoue" , "Michelle Tucker" , "Nathan Aipa" , "Paul Alston" , "Randall Roth" , "Rick Daysog" , "Robert Bruce Graham" , "Robin Campaniano" , "Samuel P. King" , "William K Slate" , "Jim Terrack" , "Rocco Sansone" , "Ted Pettit" , "Laura Thielen" , "Vaughn & Lynda Robinson" , "Rebecca Christie" , "Catbird" , "James Duca" , "Ian Lind" , "Roy F. Hughes" , "Jack Cashill" , "Marshall Chriswell" , "Laser Haas" , "Lucy Komisar" , "Democrats.com" , "Debra Sweet" , "Jane Kirtley" , "John Jubinsky" , "Yamil Berard" , "Global Exchange" , "William K. Black" , "Carole Williams" , "Susan Tius" , "Human Rights in China" , "Michelle Malkin" , "Phil J. Berg" , "Amnesty International U.S.A." , "Michael Moore" , "California Anti-SLAPP Project" , "Thomas Fitton" , "Ron Branson" , "ACLU of Kentucky" , "ACLU Online" , "Louanne Kam" , "Fiona Tarazi" , "Eric Martinson" , "Bruce Nakaoka" , "Oswald Stender" , "Crystal Rose" , "Arthur Bryant"

MORE SONGS BY

BAD FAITH & THE WHISTLER

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Sightings from The Catbird Seat

~ o ~

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:

http://www.kycbs.net/Claim-Guttman-8-28-6.htm

http://www.kycbs.net/CV05-00030-Guttman-10-4-6.htm

http://www.kycbs.net/Claim-Guttman-10-19-6.htm

http://www.kycbs.net/CV05-00030-Guttman-11-8-6.htm

http://www.kycbs.net/Claim-OUST-12-7-6.htm

http://www.kycbs.net/OUST-Muranaka-12-23-6.htm

http://www.kycbs.net/Claim-Farmer-2-26-8.htm

http://www.kycbs.net/Claim-Farmer-6-26-8.htm

http://www.kycbs.net/Claim-Farmer-4-23-9.htm

http://www.kycbs.net/Claim-Guttman-7-21-9.htm

* * *

NO. 2 - Bad Faith Claims Against Matt Tsukazaki, Robert Katz and Torkildson Katz Fonseca Moore & Hetherington.

http://www.kycbs.net/Claim-Tsukazaki-8-29-6.htm

http://www.kycbs.net/Claim-Tsukazaki-2-29-8.htm

http://www.kycbs.net/Claim-IRS-W2-Katz-7-25-8.htm

http://www.kycbs.net/Claim-IRS-W2-Katz-4-28-9.htm

* * *

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.

http://www.kycbs.net/Claim-P-C-8-30-6.htm

http://www.kycbs.net/Claim-P-C-10-19-6.htm

http://www.kycbs.net/Claim-P-C-3-7-8.htm

http://www.kycbs.net/Claim-IRS-W2-Katz-4-28-9.htm

* * *

NO. 4 - Bad Faith Claims Against Kenneth Hipp; Marr Hipp Jones & Wang; and St. Paul Travelers Insurance Company.

http://www.kycbs.net/Claim-Marr-Hipp-8-31-6.htm

* * *

NO. 5 - Bad Faith Claims Against Island Insurance Co. ; Colbert Matsumoto; John Schapperle; Linda Gilchrist; Michael Tanoue, Esq., and The Pacific Law Group

http://www.kycbs.net/Claim-Island-9-1-6.htm

http://www.kycbs.net/Claim-Island-9-13-6.pdf

http://www.kycbs.net/Claim-Island-10-3-6.htm

http://www.kycbs.net/Claim-Island-7-7-8.htm

http://www.kycbs.net/Claim-Island-4-25-9.htm

* * *

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.

http://www.kycbs.net/Claim-St-Paul-Travelers-9-2-6.htm

http://www.kycbs.net/Claim-St-Paul-9-22-6.pdf

http://www.kycbs.net/Claim-St-Paul-10-3-6.pdf

http://www.kycbs.net/Claim-St-Paul-Travelers-10-5-6.htm

http://www.kycbs.net/Claim-St-Paul-10-30-6.pdf

http://www.kycbs.net/Claim-St-Paul-Travelers-11-9-6.htm

http://www.kycbs.net/Claim-St-Paul-Travelers-12-26-6.htm

* * *

NO. 7 - Bad Faith claims against the American Arbitration Association, Julie Schermerhorn; Justin Schuck; James Farris; William K. Slate, II; Judith Neustadter Fuqua, etc.:

http://www.kycbs.net/Claim-AAA-5-4-9.htm

http://www.kycbs.net/Claim-AAA-5-29-9.htm

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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.

www.badfaithclaims.com/ibfc_main.html#Anchor-What

~ ~ ~

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.

www.insuranceclaimsconsult.com/bad_faith.htm

* * *

For more, GO TO > > > The Bad Faith Buzzards

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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."...

http://www.thefirstamendment.org/antislappresourcecenter.html

~ ~ ~

HAWAII ANTI-SLAPP STATUTE

Hawaii Revised Statutes

Vol. 13, Chap. 634F

Definitions:

... "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...

http://www.casp.net/hi-634.html

~ ~ ~

For more, GO TO > > > SLAPPED!...

Continued at: http://www.kycbs.net/Whistler.htm

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July 22, 2009

Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, Ms. Neustadter, Judge Kevin Chang, Judge David Ezra, and All Concerned:

Due to the new discovery of facts that directly relate to this lawsuit which constitutes "prior restraint" and violates my constitutional rights of Free Speech and a Fair Trial, and Federal and State Anti-SLAPP statutes, I am updating the subject Exhibit.

Mr. Farmer and Mr. Guttman, until you have fully and properly responded to these claims against you, I must ask that you perform your mandated review of this Exhibit in accordance with Judge Ezra's Order, and advise me, whether or not, it contains any so-called "protected subject matter".

To all concerned parties, I respectfully request an immediate reply to this letter. If I do not receive a response within 15 days, I will consider this as an admission that these pages contain no "PSM" as far as you are concerned, and that no involved party will file any objections to any Motion that I may make to reopen this case.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

Additional References:
http://www.kycbs.net/
http://www.kycbs.net/Apartheid-Hawaii.htm
http://www.kycbs.net/BH-CHRON-88-96.htm
http://www.kycbs.net/BH-CHRON-97-99.htm
http://www.kycbs.net/BH-Settlement-Chronology.htm
http://www.kycbs.net/Bishop.htm
http://www.kycbs.net/Broken-Trust-Book.htm
http://www.kycbs.net/Confessions.htm
http://www.kycbs.net/CV05-00030-OUST-vs-Harmon.htm
http://www.kycbs.net/Freedom-To-Sing.htm
http://www.kycbs.net/HarmonArbitration.htm
http://www.kycbs.net/JUSTICE.htm
http://www.kycbs.net/Lost-Generations.htm
http://www.kycbs.net/RICO-in-Paradise.htm
http://www.kycbs.net/SLAPP.htm
http://www.kycbs.net/Whistler.htm
http://voy.com/129276/
http://whistlersongs.blogspot.com

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