Welcome to consumer commentary on Commonwealth Land Title Insurance Company. Beginning tomorrow we will be posting informative material regarding Commonwealth's bad faith dealings in Florida. We will also be providing you, the title insurance consumer, with information on refinance and reissue discounts that were due title insurance purchasers in Florida and across the country, but were not made available to its customers by Commonwealth and its sister companies, Lawyers Title Insurance, and Transnation Insurance.

This information is geared to help you, the prospective title insurance purchaser, from being defrauded by unsavory and avaricious title insurers or their agent partners; and also to assist those insureds that have been defrauded, by Commonwealth and its sister companies, by being overcharged for your title policies. We will be showing you how to contact the proper agencies to obtain a refund of the overcharged amount.

On Monday August 27, 2007, we will begin a special expose on unscrupulous title agents on Florida's Emerald Coast. See which of those businesses we recommend that you not patronize.

LANDAMERICA FINANCIAL GROUP

We understand that you may have paid an Original Rate premium for a Commonwealth title insurance policy and that you believe that you were entitled to be charged a lower Reissue Rate instead. We have established a procedure for handling claims like these, although not necessarily in conformance with Florida law. Under our procedure, if you fill out the attached Claim Form and Release, and meet the criteria described below, you will receive a partial refund of the title insurance premium you paid. (a very small partial refund.)

We are telling all government agencies that you, the insured, did not provide us with a copy of a prior owner’s insurance policy to your title insurance agent at the time of your transaction, and that this is the reason you were not given the Reissue Rate, even though it was incumbent upon us, not you, to do so. Despite this, in the interests of providing superior service to its customers, and to avoid the possibility of losing our license to sell insurance in the state of Florida, Commonwealth is willing to throw you a few dollars, on a take it, or take us to court and spent un-tolled time, energy and money to do so. (And we know it, ha, ha, ha) So we're going to, maybe, refund you 75% of the difference in premium that we received between the Original Rate you paid and the Reissue Rate you would have paid had you been charged the lawful amount in the first place.

Please note, in the ordinary case Commonwealth only receives 30% of the total premium paid for a title insurance policy in a real estate transaction. This settlement offer by Commonwealth, therefore, only applies to the 1/30% of the premium received by Commonwealth, not the 70% of the premium retained by our partner, and the release therefore is only of Commonwealth, not of the agent, even though we say different in the release agreement itself. (Ha, ha, ha).

If you would like to make a claim for the refund offered by Commonwealth, fill out the attached Claim Form and Release and provide the requested documentation to Commonwealth at the address provided in the form.

If you have any questions about this procedure, please call Commonwealth’s Ombudsperson, Nicole Weeks, at (407) 835-2629, she was trained by Dorry Bragg and will never respond to you, but what the heck, try it anyway. (Ha, ha ,ha).

Sincerely,

Thomas “the bandit” Chandler

And Moe, Larry and Curly

Commonwealth Land Title Insurance Company allegedly has sunk to new depths in coming up with pretexts to deny insureds valid claims.

Comes a story from Okaloosa County where Commonwealth’s agent, Southern Escrow and Title Company, of Miramar Beach, did not inform an insured as to a discrepancy that existed with the legal description on the insured’s Residential Sale and Purchase Contract. It turned out that the property being purchased by the insured, was not as it was purported by the sellers.

The insured believing, pursuant to Florida law, that a title insurer has a duty to disclose anything, which may subject the insured to financial loss, filed a claim under his policy, citing the Florida Supreme Court decision in First American Title Insurance Co. v. First Title Service Co., 457 So.2d 467, 472 (Fla.1984), which defined the general nature of the duty involved with title insurance: “The issuance of the title commitment places a duty on a title insurer to skillfully and diligently search for and disclose to the insured any reasonably discoverable information that would affect the insured's decision to close the contract to purchase.” The insured also claimed that Commonwealth failed to procure insurance as the insured had requested, in his sales contract, citing Caplan v. La Chance, 219 So.2d 89 (Fla. 3d DCA 1969)(holding that an insurance agent's negligence in failing to procure the proper insurance coverage requested by the insured is a recognized cause of action).

Commonwealth answered the insureds first allegation concerning disclosure by saying that they were not attorneys allowed to practice law in Floirda, and to divulge information discoved during the abstract constituted the unlawful practice of law. Well, goodbye to Florida decisional law. It looks as if Commonwealth has found a new rock to hide under to keep from paying valid claims.

As to the insureds second claim regarding Commonwealth’s alleged failure to procure insurance as requested, a long held and well-establish premise in Florida, Commonwealth asserted the economic loss rule. They pointed to no case law, (little wonder).

The insured brought up the Internet advertising of Commonwealth. Commonwealth allegedly induces potential customers to purchase its title polices for the protection an abstract of title and title examination offers them. They guarantee a security for the insureds investment from a myriad of hazards that only a professional search and analysis of the public records can supply. The catch is that if they do uncover a “hidden” problem during the abstract it remains hidden deep within the title policy legal verbiage. Talk about a Catch 22. Well I bet it keeps their claims payments down. Would you buy a title policy from this company?

COUNT XXII VIOLATIONS OF THE RICO ACT
As to LandAmerica/Commonwealth et al

An insured pursuant to, § §1341 and 1343, Frauds and swindles – is filing a RICO action against Commonwealth Land Title Company. The insured alleges numerous acts of mail and wire fraud that are enumerated in his Mail Fraud count

The RICO statute expressly states that it is unlawful for any person to conspire to violate any of the subsections of 18 U.S.C.A. § 1962, specifically it is "unlawful for any person associated with any enterprise engaged in interstate commerce to conduct the affairs of the enterprise 'through a pattern of racketeering activity." The plaintiff alleges LandAmerica/Commonwealth is so engaged. The plaintiff alleges the acts enumerated in Count XXI amount to 18 U.S.C. 1962(c) liability. Under, TITLE 18 - PART I - CHAPTER 63 - §1961 “racketeering activity” …..(B) any act which is indictable under any of the following provisions of title 18, United States Code: namely section § §1341 and 1343 relating to mail and wire fraud.

Allegedly LandAmerica/Commonwealth, a company fully engaged in interstate commerce, did knowingly and unlawfully conspire and agree together with others, and with other co-conspirators whose names are both known and unknown, participate in a conspiracy through a pattern of racketeering activity in order to acquire ownership interest and/or control of title insurance agencies, title insurance companies and title plants across the country, and other related business enterprises. This is in violation of Section 18 U. S. C. SECTION 1962 (b), which states in relevant part: “ …acquiring an interest in or control of an enterprise through a pattern of racketeering activity.”

Within the past few months alone LandAmerica/Commonwealth has acquired Capital Title Group, Inc., and Napa Land Title Company, Inc. in Napa, California with the use of funds from their “Racketeering “ activities. (Over the past few years over a hundred companies have been purchased by them and brought into this alleged racketeering activity). This enterprise of acquisitions and control had the effect of allowing the defendant to ‘reinvest in themselves’ the income generated by the enterprise’s pattern of racketeering activity. This allowed LandAmerica/Commonwealth to acquire Southern Escrow and Title Company and use said company to become the proximate cause of the plaintiff’s injuries. The plaintiff’s economic and emotional distress were the result from the defendants control and acquisition of Southern with funds obtained unlawfully from defrauding their insureds and advancing that fraud by means of mail and wire fraud. Defined in 1961 as a RICO enterprise. The plaintiff suggests that these activities are indicative of an open-ended pattern of activity affecting LandAmerica/Commonwealth clients in every state of the union. The plaintiff further suggests that the proceeds from these racketeering activities allowed LandAmerica/Commonwealth to acquire Southern and be the proximate cause of the plaintiff’s financial losses and emotional distress.

Section 18 U. S. C. SECTION 1962 (a), states in relevant part: “Using or investing the proceeds of any income derived from a pattern of racketeering in which that person participated as a principal, to establish, operate or acquire any interest in any enterprise engaged in or affecting interstate commerce.”

It is alleged that LandAmerica/Commonwealth did knowingly, unlawfully, and intentionally combine, confederate, conspire and agree together with co-conspirators and others whose names are both known and unknown, to benefit and use proceeds from fraudulently denying their insureds their rightful benefits under the title policies they issue. These acts were allegedly advanced by mail and wire fraud a violation of the RICO Act. These funds from the racketeering activities enabled the defendants to acquire and control many local title agencies across the country and gain a significant market advantage over other title insurers, which affected interstate commerce. The plaintiff suggests that these activities are indicative of an open-ended pattern of activity affecting the defendant’s clients in every state of the union. The plaintiff’s injuries set forth within this complaint were caused by the vast wealth of the defendants which put them in a position of power to engage countless attorneys and financially endure hearing after hearing and trial after trail. Knowing full well the vast majority of insureds do not have the wherewithal to challenge them in a court of law even with a valid claim.

Section 18 U. S. C. 1962 (d), states in relevant part: “…unlawful for any person to conspire to violate Sections 1962 (a), 1962 (b), and 1962 (c).” Allegedly, LandAmerica/Commonwealth in concert with Southern Escrow and Title Company and other mentioned alleged conspirators and each of them, did knowingly, unlawfully and intentionally combine, confederate, conspire, and agree together with each other, with named co-conspirators and with others whose names are both known and unknown, commit violations of the Racketeer Influenced and Corrupt Organizations Act, and to prevent the conspiracy from becoming known to the public. After the plaintiff apprized LandAmerica/Commonwealth’s upper management of the illegal activities that were being committed in the field by their agents and employees, not one of over twenty of those corporate officers made a reasonable effort to investigate, report or remedy the illegal activities, therefore engaging in a tacit approval of the conspiracy by condoning the activities through their inactions. The plaintiff suggests that this is indicative of an open-ended pattern of activity affecting LandAmerica/Commonwealth clients in every state of the union. (See H.J. Inc., 492 U.S. at 242-43). It was the acquisition and control of Southern with the use of racketeering funds that allowed LandAmerica/Commonwealth to allegedly defraud the plaintiff by means of mail and wire fraud. The acquisition of hundreds of other companies around this country has led the defendants to perpetrate this same fraud by means of mail and wire fraud to countless other insureds nationwide.

Allegedly LandAmerica, Commonwealth, Southern and other conspirators, through an illegal enterprise, the list of predicate acts exhaustive, acquired money through a pattern of racketeering and then used and invested the proceeds of the racketeering back into the enterprise to keep it alive so that it continued to injure others, and eventually other insureds of Florida. They all conspired, with intent, to further an endeavor, which was completed, and satisfied all elements of a criminal RICO claim

SUMMARY

The elements of a Rico charge under Section 18 U. S. C. 1962 (c), are fully enumerated within this count. The plaintiff has shown: (1) that LandAmerica engaged in an enterprise, (scheme to defraud their insureds); (2) that the enterprise engaged in by LandAmerica affected interstate commerce, (a nationwide holding of title agents and title insurers); (3) that LandAmerica was associated with the enterprise, (As set forth in Count V); (4) that the LandAmerica engaged in a pattern of racketeering activity, (§ §1341 and 1343, Frauds and swindles); and (5) that LandAmerica conducted and participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity as set forth in the indictment, (As set forth in Count V). [See United States v. Phillips, 664 F. 2d 971, 1011 (5th Cir. Unit B Dec. 1981), cert. denied, 457 U.S. 1136, 102 S. Ct. 1265, 73 L. Ed. 2d 1354 (1982)]. (F.S. §626.9541 is know as the policyholders bill of rights)

The insured wants to make it known that these are just charges being brought against these entities, and in America everyone, even title insurers are innocent until proven GUILTY.

Below you will find a copy of the Mail and Wire Fraud complaint.

9-26-2006


COUNT XXI Mail and Wire Fraud

As to LandAmerica/Commonwealth, et al

As per Florida Rules of Civil Procedure this count shall be plead with particularity.

The plaintiff alleges that between August 2004 and September 2006 LandAmerica/Commonwealth operated and managed a corrupt enterprise that defrauded the plaintiff by engaging in predicate acts of racketeering, namely mail fraud (18 U.S.C. § 1341) and wire fraud (18 U.S.C. § 1343), as defined under 18 U.S.C.A. § 1961, in a scheme to realize maximum profits from the sale of each of their title policies.

In late July or early August of 2004, Southern Escrow and Title Company, drafted a Commonwealth Land Title Company “title commitment" underwritten by LandAmerica/Commonwealth, and placed it in a post office or authorized depository for mail to be sent or delivered by the Postal Service. LandAmerica/Commonwealth articulated the commitment to the plaintiff as a means whereby he could financially protect his real estate investment. In is alleged, that LandAmerica/Commonwealth’s intent in the proffering of the title commitment was to obtain money from the plaintiff by means of promises that were nothing more than false or fraudulent pretenses and representations. This alleged corporate managed and operated scheme defrauded the plaintiff of the right to honest services he was due by both common law, the title commitment, the relationship between the parties, and the tangible rights to which he was entitled. This was all operated and managed by LandAmerica/Commonwealth to realize maximum profits from the sale of each title policy, and thus gain an unfair advantage over its competitors.

The plaintiff was led to believe by said title commitment, which cost the plaintiff over $2,000.00, that if he did not have “marketable title” to his newly purchased property he would receive compensation for any losses incurred, under the terms and provisions of the title policy.

Conversely, when the plaintiff uncovered facts evincing that he did not have “marketable title” to his property, LandAmerica/Commonwealth refused to compensate by use of its economic strength and legal resources for the tangible and intangible losses he suffered.

Further, LandAmerica/Commonwealth fraudulently induced the plaintiff, under the terms and provisions of the title policy, to believe that he would receive legal defense to defend his title in the event of adverse possession.

Conversely, when the plaintiff uncovered that another condo owner in his subdivision was in adverse possession of his property, LandAmerica/Commonwealth failed to defend his title as promised by the terms and provisions of said policy.

From that point forward, LandAmerica/Commonwealth, and by and through its agents, employees and Southern Escrow and Title Company used the U. S mails, and wire correspondence in a manner consistent with violations of the RICO Act. These were numerous acts, committed by many different persons, and were all in furtherance of the scheme to defraud the plaintiff.

On or about September 14, 2004 in violation of §1343 wire fraud, Dawn Larsh, corporate counsel for Southern Escrow and Title, contacted the plaintiff’s home by telephone and spoke to both Mr. and Mrs. Testa relating the same basic facts to both; (a) Her first declaration of fraud was to tell them that boat slips were not insurable as an appurtenance to a condo unit, under the title policy issued to them by Southern; (b) The second fraudulent statement was that she could not find any negligence on the part of Southern regarding the plaintiff’s real estate transaction, when in fact the insurance company failed to seize an opportunity to resolve a claim involving clear tortious negligence and contractual liability; and (c) she advised the couple that Southern would not file a complaint for them, with the underwriter LandAmerica/Commonwealth, since they themselves would most likely be found to be the proximate cause of their loss, attributable to their lack of due diligence. It is evident from Larsh’s “interpretation” of the circumstances surrounding the plaintiff’s claim, and the construal of same by her superior Brannon, noted below, that there is a continuity of criminal activity as well as a similarity and interrelatedness between these RICO Act violations. Her comments were made to and advance the conspiracy. Larsh deliberately contributed to LandAmerica/Commonwealth scheme with the intent that the criminal purpose be attained.

Some two months later in a telephone conversation initiated by the plaintiff with George Brannon, president of Southern Escrow and Title Company. Brannon, in alleged furtherance of this scheme, violated the RICO act section §1343 Frauds and Swindles - wire fraud. Brannon alleging to the plaintiff’s direct questioning of a negligent abstract and procurement of insurance, intentionally and willfully misrepresented and concealed the true facts concerning these issues, and instead alleged that there was no basis for the plaintiff’s claim due to negligence acts committed by Southern, and that the was no basis for his claim under the title policy issued to the Plaintiff. He stated that there was absolutely not an Amended Condo Doc in the Okaloosa public records that showed anything of an adverse nature concerning the Plaintiff’s title. (The Plaintiff located the amended doc in question after searching Okaloosa’s web site a total of one minute and 38 seconds; his wife took less than a minute). Brannon averred that the plaintiff needed to pursue third parties for the recovery of the Plaintiff’s losses alleging that was the only way he could recover his losses another violation of Florida insurance Statute concerning Unfair claim settlement practices. Brannon said that there was no negligence on the part of Southern during the abstract of title, or in the procurement of insurance for the plaintiff. He further stated that Warranty Deeds and Title Policies do not reference specific appurtenances. And he intentionally and willfully denied the wealth of law supporting the plaintiff’s claim, sent to him by email from the plaintiff. In committing these untruths Brannon also violated F. S. §626.9541(i)(3)(b); misrepresenting pertinent facts or insurance policy provisions relating to coverage’s at issue. (F.S. §626.9541 is know as the Florida policyholders bill of rights) Through these actions Brannon, with malice aforethought, became an accomplice in this deceptive plot and so that LandAmeirca’s unlawful goal be realized.

On December 9, 2004, in a violation of §1341, a letter was sent to the plaintiff by Dory Bragg, a claims adjuster for LandAmerica/Commonwealth, in which she condoned the patently fraudulent position of LandAmerica/Commonwealth vice president of claims Peter Welch, by denying the plaintiff's meritorious claim. In doing so, Ms. Bragg misrepresenting pertinent facts or insurance policy provisions relating to coverage’s at issue in violation of F. S. §626.9541 (I)(3)(b); namely (a) Bragg alleged to the Plaintiff that there was no basis for the Plaintiff’s claim under his title policy; (b) Bragg directed the Plaintiff to pursue third parties for the recovery of the Plaintiff’s losses alleging that was the only way he could recover his losses, once again in blatant violation of Florida Insurance Statute; (c) She asserted that there was no negligence on the part of Southern during the abstract of title, or the procurement of the plaintiffs title insurance, a blatent violation of F. S. §626.9541 (i) )3) denying claims without conducting reasonable investigations based upon available information. Bragg was obstinate and vexatious in her refusal to apply Florida statute and case law to the totality of the circumstances surrounding the plaintiff claim as required by Florida insurance law. The fraudulent objective of Ms. Bragg was to knowingly deny him financial benefits to which he was entitled. It was yet another instance of the furtherance, conspiratorial and willfulness of this fraud.

On or about December 23, 2004, attorney Martin Awerbach allegedly contributed to this unlawful conspiracy in violation of §1343. Mr. Awerbach telephoned the plaintiff, and told him that the reason Commonwealth owed no liability to the plaintiff for conducting negligent abstract and examination of title, was due to the Unlawful Practice of Law Doctrine. He averred that since Commonwealth could not practice law in Florida they could not legally give an opinion of title, and therefore could not be liable to the plaintiff. This was a boldfaced lie meant without the slightest purpose of honesty, and said for no other means than to discourage the plaintiff to “go away”. He told the plaintiff that if he initiated legal action against LandAmerica/Commonwealth he would be dragged through the court system by a multibillion-dollar company. They could afford to do so, could he?

From approximately this time forward in an attempt to abuse, malign, humiliate, shame and embarrass the plaintiff, Awerbach began referring to the plaintiff to the employees at LandAmerica/Commonwealth, Southern Escrow and Title and even to the plaintiff’s own attorney, Richard Reno as, “The nut that won’t go away” Awerbach willfully participation in the scheme with knowledge of its fraudulent nature and with intent that these illicit objectives be achieved. Awerbach’s preposterous statements could draw no other conclusion but that he was in agreement to facilitate the scheme managed and operated by LandAmerica/Commonwealth, all for an hourly fee.

In March of 2005, in violation of §1341 mail fraud, and in furtherance of this scheme, a letter sent by Martin Awerbach, LandAmerica/’Commonwealth's coverage counsel. Awerbach stated in that missive that he had investigated the matter of the plaintiff’s complaint, and found that the wealth of law presented to him by the plaintiff in support of his claim was invalid, which obviated Florida statute and governing case authority. He also stated that Commonwealth had received permission from the owner of the property in question and would have that person engage in a transaction to give the plaintiff the property the plaintiff believed was properly belonging to him. However, the plaintiff was required to sign a release of all claims against the insurer. Mr. Awerbach allegedly was fraudulently inducing the plaintiff, due to the fact that he knew that the aforementioned person had no legal right to effectuate such a conveyance of property to the plaintiff. Awerbach furthered that pretense in a telephone conversation with the plaintiff’s attorney Richard Reno. He stated to Mr. Reno that because Commonwealth was a Pennsylvania corporation that if plaintiff filed a complaint it would be heard in a federal venue, knowing full well that the Florida long arm statue would hold precedence. He also told Mr. Reno that Commonwealth is not liable under Florida law for the actions of its authorized agents. No other conclusion could be drawn by Awerbach’s absurd claims that he was in union with LandAmerica/Commonwealth fraudulent artifice. Doing so for a fee.

In July of 2006, LandAmerica/Commonwealth, by and through its attorney Mark Brown, sent a letter through the U. S. postal system in furtherance of their fraudulent scheme. The letter threatened the plaintiff, and his attorney, with 57.105 sanctions if they continued to pursue the plaintiff’s claim through the court system. Brown averred to the court that the plaintiff was filing a frivolous claim. Even though he knew full well that the claim was valid he attempted to threaten the plaintiff, with unspoken words, by informing him that if he had no valid claims against the insurers and that if he didn’t dismiss his complaint, within ten days, he would suffer financial disaster. Namely, to have the plaintiff pay the cost of LandAmerica/Commonwealth’s legal expenses and legal fees. He was advised to dismiss his civil complaint against LandAmerica and Commonwealth. The threat of sever economic loss was not based or governed on the merits of the plaintiff’s case, but done in an attempt to make the plaintiff,” go away” thinking he had no chance at prevailing in his case, and would be financially harmed if he continued his efforts to receive his due benefits under the title policy. To find the plaintiff’s case frivolous, to the point that a court would consider imposing 57.105, would be an impossibility beyond comprehension. The plaintiff received the same threat days later from Southern Escrow and Title Company’s attorney Mr. Pitre. To have LandAmerica/Commonwealth attempt a threat by means of 57.105 sanctions was an obvious attempt to coerce, intimidate and oppress an insured into dropping a lawful case. No reasonable person would believe that attorneys with Mr. Brown and Mr. Pitre’s experience would not know a valid claim from a frivolous one capable of 57.105 sanctions. They were both eager and willing to adopt the goal of furthering or facilitating the criminal behavior of LandAmerica/Commonwealth.

In July of 2006, Southern Escrow and Title Company file for a temporary injunction to conduct expensive retaliatory litigation against the plaintiff when he opposed the unreasonable denial of his claim, and to stop the plaintiff from contacting them by e-mail with law supporting his position regarding his claim. The plaintiff required counsel and over spent eight thousand dollar spent thousands of dollars to defend him. In the injunctive complaint Southern filed they requested from the court an exorbitant amounts of money as damages, which is not even permitted in a matter such as was filed. This particular ruse was meant for no other purpose than to instill fear and the actual fact of financial ruin in the plaintiff in an attempt to prevent him from pursuing his legal claim against the insurers.

This pattern of racketeering activity by LandAmerica/Commonwealth’s unrelenting violations of §§1341 and 1343 evinced above by at least five of the co-conspirators in this case, (the plaintiff has evidence of other specific instances of violations of RICO by other LandAmerica/Commonwealth employees including vice-president Chadwick Perrine and president Thomas Chandler), suggests that a similarity and interrelatedness of racketeering activities existed, and surely continues to this day. The plaintiff has documentation that the entire upper management of LandAmerica/Commonwealth knew of the fraudulent activities and approved and condoned same.

The plaintiff alleges that the course of conduct and objective exhibited by LandAmerica/ Commonwealth was to engage in an ongoing and continuous fraudulent scheme which is now was, has been for years, and still is, directed at the public, by a corporate policy that emanates from, and is supported by, the highest echelon of the company hierarchy, and was created for and committed to the purpose of unjust enrichment by realizing maximum profits, with as little payout in claims as possible, from the sale of title policies. The threat of a continuing enterprise is significant.


The defendant had a duty to provide the services it enumerated within the terms and provisions of its policy, and by the express agreement between the parties at the closing table.

The plaintiff relied on the information contained within that title commitment to his detriment.

The plaintiff suffered a financial loss proximately caused by fraudulent scheme sent through the mails and over the wire by LandAmerica/Commonwealth and their agent Southern Escrow and Title.

The individuals named above each willingly and knowingly participated in the "operation or management" of the corrupt enterprise's affair, and in a substantive manner.

SUMMARY

The measure of LandAmerica/Commonwealth’s fraud is it's departure from moral uprightness, fundamental honesty, fair play and candid dealings in the general life of members of society” And this was done in part using the U.S. mails. The RICO claims of mail and wire fraud evinced within are actions that clearly fall within the statute's intended scope and that are easily understood by the ordinary person to be criminal and should not be allowed to continue.

The Plaintiffs suggests that he has pleaded with sufficient particularity approximately a dozen predicate acts of mail wire fraud committed by defendants. The denial of the plaintiff’s incontestable valid claim alone would be sufficient to show fraud. The mere execution and delivery of the letter by Mrs. Bragg alone would probably show fraud, and surely the taking each piece of evidence as badges of fraud, they show a scheme to perpetrate a fraud.


Once again, the insured reminds everyone that these are nothing more than charges being brought against these entities, and that they are all innocent until proven guilty.

I just appointed myself the head of the Emerald Coast Un-American Activities Committee. As such, I have required of myself to report on all un-American activities in Florida that come to my attention. You may ask what this has to do with Bad Faith Insurance in Florida,.... well I’m glad you asked.

Because of my involvement with BFIF, I was contacted by two Air Force pilots, Greg Gilbreath and Achilles Sakis, and told a story that sickened and appalled me. Both men, stationed at Eglin AF base in Ft Walton Beach, found life so enjoyable here that they decided to purchase homes in Destin. They were referred to Southern Escrow and Title Company, and their partner Commonwealth Land Title Company, by Resort Quest Realty for title insurance.

Both men, who have proudly put their lives on the line for each and every one of us, including George Brannon the president of Southern and Thomas Chandler the president of Commonwealth, were overcharged by them for their insurance policies.

Greg and Achilles were entitled to 40% reissue discounts offered by the state of Florida, but instead of providing these patriots the discounts they so richly deserved, in more ways than one, the insurers charged them the full standard rate.

It has been uncovered that this was not an oversight on the part of Southern and Commonwealth. It was not a mistake. It was not a clerical error. But this reprehensible overcharging of our men and women in uniform, as well as others, has gone on for years as a standard business practice with the insurers. They have been caught committing the same unlawful conduct in many other states as well. As a veteran of six years of military service during the Viet Nam War, I understand full well the sacrifice those brave men have made for this country. To deny them this benefit is outrageous. I call it Un-American Activity. Some of us worship freedom and the almighty, some worship the almighty dollar.

I am willing to bet a dollar to a hole in a doughnut that neither of these men has ever served their country.