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If the information are true, a lawsuit filed by Lloyd’s America towards a Texas public adjuster1 can be positioned within the fact is stranger than fiction class.
Earlier than stepping into the Lloyd’s lawsuit, I offered an ethics course for the California Affiliation of Public Insurance coverage Adjusters (CAPIA) on Tuesday. One of many details of emphasis was that California calls for conduct of public adjusters which can be within the public curiosity. This public curiosity requirement is present in nearly all states and all licenses involving insurance coverage. Insurance coverage is a closely regulated product as a result of it serves the general public belief. These licensed by a state first should adjust to guidelines that help belief within the insurance coverage enterprise.
The Insurance coverage College is a wonderful college that helps public adjusters put together for licensing examinations. A Texas research information notes:
A code of ethics for public adjusters that fosters the training of public insurance coverage adjusters in regards to the moral, authorized, and enterprise rules that ought to govern their conduct;
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Texas has adopted a Public Adjuster Code of Ethics to underscore that authorized and moral concerns are of prime significance to a public insurance coverage adjusters’ skilled conduct. Nevertheless, this Code of Ethics isn’t meant to exhaust the authorized or moral necessities that govern public insurance coverage adjusters. The Texas Public Adjuster Code of Ethics is much like the codes of ethics adopted by native and nationwide public insurance coverage adjusters’ skilled organizations.
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Licensees should conduct enterprise pretty with their purchasers, insurance coverage firms, and the general public.
The Texas public adjuster in query, Eric Ramirez, has a formidable resume on his web site. It seemingly reveals an individual with credentials and expertise who could possibly be a wonderful public adjuster. It even notes circumstances the place he testified as an knowledgeable witness.
All of that is going to be misplaced if the information of the lawsuit filed by Lloyd’s are true. Among the many many allegations within the lawsuit are the next:
…Ramirez has waged struggle on Lloyd’s and Lloyd’s America. Ramirez has filed baseless lawsuits, made numerous administrative complaints, and accused Lloyd’s of unlawful enterprise practices and prison conduct all in an effort to drive fee of further “damages” past these decided by the appraisal panel.
6. As a part of this technique, Ramirez now has shaped entities in Texas utilizing Plaintiffs’ names and emblems. Particularly, Ramirez shaped entities utilizing the names “Sure Underwriters at Lloyds London, Inc.” and “Sure Underwriters of Lloyds London, LLC.” Ramirez has additionally registered these entities to do enterprise in California.
7. Ramirez has even used a type of newly created entities, Sure Underwriters at Lloyds London, Inc., to use to federally register the trademark CERTAIN UNDERWRITERS AT LLOYDS LONDON. Minus Ramirez’s punctuation error, the insurance policies issued by means of the Lloyd’s market are provided underneath that identify, i.e., “Sure Underwriters at Lloyd’s London” subscribing to a selected coverage.
8. Ramirez has taken these actions as revenge for the perceived wrongs of Lloyd’s and to acquire leverage over Plaintiffs to extort further funds, together with trying to make use of his newly shaped firms to acquire service of course of on insurers at Lloyd’s.
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56. Apparently dissatisfied along with his authorized choices, on Might 26, 2023, Ramirez shaped the Defendant Texas Company “Sure Underwriters at Lloyds London.” He then shaped a restricted legal responsibility firm with the same identify: “Sure Underwriters of Lloyds London, LLC.” Subsequent, he then filed an assumed identify certificates that “Sure Underwriters at Lloyds London, Inc.” is doing enterprise as “Sure Underwriters of Lloyds London.” Along with forming these entities in Texas, Ramirez has additionally registered his company and LLC to do enterprise in California.
57. On June 6, 2023, Ramirez, appearing on behalf of this newly shaped entity, Defendant Sure Underwriters at Lloyds London, Inc., filed an utility to register CERTAIN UNDERWRITERS AT LLOYDS LONDON as a federal trademark.
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61. Upon being notified that his scheme and utility have been found and that his use of the marks violated Plaintiffs’ rights, Ramirez denied that he’s at the moment providing the very companies he has sworn, underneath oath, that he’s providing, stating that he has no intention to maintain the names of the businesses he has registered, looking for to make use of the businesses he has shaped to acquire service of course of for his lawsuits, and threatening to file allegations with the IRS, FBI, Texas Secretary of State.
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74. On November 9, 2023, Ramirez despatched an e-mail to the IRS, FBI, Texas, California, and New York Lawyer Generals, varied “Lloyds Counsels,” “Purchasers Counsels,” and “LAPIA’s Consumer” stating that he has a duty to nominate brokers to just accept lawsuits in Texas and California on behalf of Sure Underwriters at Lloyds London and Sure Underwriters of Lloyds London as a result of he owns these entities. This demonstrates Ramirez’s intention to create confusion for entities insured by means of the Lloyd’s market.
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80. Ramirez’s intent is obvious from his actions. Ramirez filed a frivolous lawsuit towards Raizner Slania LLP and Andrew Slania, the legislation agency that shared a shopper with Ramirez. That lawsuit was dismissed. Ramirez then refiled the identical lawsuit in Harris County Justice Courtroom towards Raizer Slania, LLP and Andrew Slania, including Sure Underwriters at Lloyd[‘]s London as events.
81. On November 9, 2023, Ramirez despatched an e-mail to a variety of federal and state authorities officers alleging Lloyd’s was “not licensed in lots of states to transact enterprise for over 30 years.” The e-mail additionally states that “Sure Underwriter[s] at Lloyd[‘]s London and Kevin Hromas and Associates have carried out illegally collectively for over 10 years in Texas deceiving Policyholders, Public Insurance coverage Adjusters, Courts, Judges/Umpires, and so on., some would possibly think about this as Racketeer Influenced and Corrupt Organizations Act (RICO).” (emphasis in unique eliminated).
82. Ramirez despatched this e-mail not solely to numerous authorities officers, he additionally despatched the e-mail to a number of personal residents, together with attorneys on the legislation companies Donato, Brown, Pool, & Moehlmann, Martin, Disiere, Jefferson, & Knowledge, Raizner Slania LLP, Mendes & Mount LLP, and Foley & Lardner LLP, and to staff of BNC Equities, a Dallas actual property funding and property administration firm, and unidentified people with Gmail, Yahoo, and AOL e-mail addresses, respectively.
The allegations on this lawsuit by a really worthy and longstanding participant within the insurance coverage business are the forms of actions that ought to trigger any state division of insurance coverage to conduct an instantaneous investigation into the health and competency of a public adjuster.
Thought For The Day
One of the best ways to search out your self is to lose your self within the service of others.
—Mahatma Gandhi
1 Lloyd’s America v. Ramirez, No. 4:23-cv-04306 (S.D. Tex. [Complaint filed Nov. 15, 2023]).
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