• rayzuppa

LIKE A PSYCHOPATHIC NEIGHBOR: STATE FARM IS THERE TO FUCK YOU

Updated: May 15

State Farm Sucks

State Farm Profits By Screwing Its Customers:

Here we have a man whose house was destroyed -- State Farm would not pay to fix it or replace it as they were supposed to do according to the policy of insurance he purchased


If anyone gets anything out of this piece it should be this. Drop State Farm. If you don't have them do not buy their product. They will not pay your claim. And they will put you through hell while they deny your claim. They might even put you in jail. If you don't believe me read the article below:


https://consumerist.com/2007/06/02/like-a-good-neighbor-state-farm-wants-to-steal-your-money-and-send-you-to-jail/#:~:text=lawsuits,And%20Send%20You%20To%20Jail&text=Like%20a%20good%20neighbor%2C%20State%20Farm%20is%20there%E2%80%A6%20to%20criminally,million%20verdict%20for%20malicious%20prosecution.


I have been trying to get the New York State Government to do something about this company for well over a decade and I have been met with bitter defeat after bitter defeat. From the Department of Financial Services to the Attorney General's Office -- to the pervert Governor Andrew Cuomo. All my efforts have ended in grief. Meanwhile State Farm has hurt a lot of good people.


64. The relationship between consumer/citizen and State Farm is the ultimate in disparate bargaining positions. There is no bargaining. State Farm has unbridled power to deny claims. The consumer-claimant must resort to litigation in the hopes of getting paid.
65. DFS [Department of Financial Services] does nothing to police insurance companies. If the citizen does not pay its premium to State Farm, the citizen is dropped from being insured. The subject vehicle can no longer be driven and if the vehicle is driven the driver has his/her license revoked and possible jail time. However if State Farm does not pay claims the citizen must sue State Farm.
66. There is an understanding between DFS and State Farm that DFS will effectively turn a blind eye to heinous misconduct on the part of State Farm and other major insurance companies. DFS will not enforce its own regulations. Riordan v. Nationwide Mut. Ins. Co., 977 F.2d 47, 50 (2d Cir. 1992) (the Court noted that the response of the New York State Superintendent of Insurance (now “DFS”) to the policyholder’s complaint was to advise the policyholder to “retain an attorney and sue.”) (In the ensuing 29 or so years nothing has changed.) (Indeed the Superintendent of Insurance before it was subsumed by DFS was usually a high ranking member of the insurance industry – part of what is known as “industry capture.”)
67. For example the last Superintendent of Insurance James Wrynn prior to becoming the Superintendent had a career as an attorney – a founding partner of MacKay Wrynn and Brady LLP in New York – representing insurance companies. Currently Wrynn is the Chief Commercial Officer (CCO) and Hearing Officer (Arbitrations/Mediations) at NAM (National Arbitration and Mediation) where he is responsible for the strategic management of the organization and the development of its’ overall commercial policy, as well as serving as a Hearing Officer in Insurance and Reinsurance Matters. Superintendent Wrynn most recently served as Senior Managing Director and one of the leaders in the Global Insurance Services practice at FTI Consulting; Managing Director and Vice-Chair in the U.S. for Guy Carpenter’s Global Strategic Advisory Group; and Senior Partner at the law offices of Goldberg Segalla, LLP in New York where he led the firm’s Global Insurance Regulatory Practice and helped facilitate the opening of its New York and London offices (where he served as a Registered Foreign Lawyer).
68. Mr. Wrynn’s predecessor Gregory Serio was of Counsel at Crane, Kelley, Greene and Parente and an associate at Rivkin, Radler, Dunne and Bayh. Law firms that litigated on behalf of insurance companies against claimants. After stepping down Mr. Serio joined Park Strategies in January 2005 as a Managing Director. He is the leader of its risk and insurance management practice group. His job is quite lucrative.
69. Superintendent of Insurance was comparatively not a lucrative position for any of the above. But if you loyally did your time there – allowing insurance industry abuses – like a silent mobster getting out of prison you were handsomely rewarded by the crime family.
70. Under DFS the same insurance regulators as existed under the Superintendent of Insurance continue their pro industry practices.

Whether its an auto injury; or property damage; or liability coverage -- it is always the same. State Farm will hire an "expert" to review the case and falsely conclude that State Farm does not have to pay a legitimate claim. If its an injury the expert says the injured person is not hurt. If its wind damage the expert will say its flood damage which is not covered. If your car is stolen State Farm's expert will say that you sold it and claimed it was stolen, etc. etc. They employ what they call a Special Investigative Unit that consists in the main of police buffs, erstwhile frustrated house wives and all manner of complete reprobates that act like Corporate Gestapo.


74. A 2003 market conduct investigation of State Farm conducted by the Superintendent of Insurance (now DFS) briefly looked at State Farm’s use of Independent Medical Examinations (“IMEs”) “wherein a “random sampling technique was utilized.” Because of what the Superintendent found they, and DFS, never did another market conduct survey of State Farm or any major insurer again.
75. The statistical review of IMEs included 75 No-Fault claim files. The 75 files contained 107 claimants of which 19 claimants were scheduled to take a total of 32 IMEs – 1.68 IMEs per patient. All of the examinations occurred within a two to six month period after the accident. One examination was positive. Thirty-one (31) examinations were negative. The Superintendent had no problems with the above but they should have; and that is why DFS no longer does market conduct surveys of State Farm and other major insurance companies.
76. Using mathematical extrapolation we can determine that State Farm Independent Medical Examinations found that the patient needed further treatment in 3% of the cases. On the flip side the IMEs found that no further treatment was necessary 97% of the time.
77. Statistically a finding that patients need no further treatment in 97% of the IMEs within months of an accident would appear to be impossible; or crooked.
78. The above “negative rate” is due to the fact that State Farm on a statewide basis conducts its so-called “IMEs” fraudulently. Specifically State Farm, like other major insurance companies, engages in a conspiracy with a number of companies – “vendors” including DDA/D&D – that provide IME services. The vendors are not owned by medical doctors as required by law. Rather the vendors are owned by unscrupulous criminal laypersons looking to make a fast buck.
79. The above findings are in line with all major no-fault insurance companies in the State.
80. The above information was received from a May 7, 2007 FOIL Request. The request was made in response to dozens of complaints about State Farm claims practices that were sent to the then Superintendent of Insurance from 2005 through 2006 – for each complaint the Superintendent replied with the advice to go to litigation instead of any investigation. There were a number of follow-up FOIL Requests for the same “market conduct survey” information or “examinations” that was denied by the Superintendent. For example on September 3, 2008 a FOIL Request for market conduct information about State Farm was denied by the Superintendent’s General Counsel.
81. Subsequent litigation to compel under Article 78 an examination of State Farm by the Superintendent failed. See In the Matter of Okslen Acupuncture P.C. et al., Appellants, v Eric R. Dinallo, Superintendent of Insurance of the State of New York, et al., 77 A.D.3d 451; 909 (2nd Dep’t. 2011)
82. Insurance Law Section 309. Examinations of insurers; when authorized or required at subsection (b) (1) states:
The superintendent [now DFS] shall make an examination into the affairs … of … every domestic property/casualty insurance company, at least once in every three years; except that the superintendent may extend the three year interval to not more than five years with respect to property/casualty insurance company, upon determining that the three year requirement is not necessary to safeguard the interests of the public or policyholders. (Emphasis added)
During the above discussed litigation culminating in the Second Department decision it became clear – through tacit admission – that the Superintendent (now DFS) did not perform a market conduct examination of State Farm in well over 5 years.
83. Based upon research – the DFS website contains all of its examinations of insurers but fails to include any involving State Farm or other major carriers – and the above; it is clear that DFS has stopped examining the conduct of State Farm and other large insurers in the state thereby possibly defying the law.[1]
[1] On its website the Department of Financial Services states at https://www.dfs.ny.gov/reports_and_publications/exam_reports: The Department of Financial Services is required by law to conduct examinations into the affairs of domestic insurers and HMOs. In addition, we also have the authority to conduct an examination into the affairs of any insurance corporation, or other insurer doing or authorized to do any insurance business in this state. There are generally two types of examinations: financial and market conduct. Examinations that cover both financial and market conduct are referred to as "combined." The purpose of a financial examination is to verify that an examined entity’s financial statement, as of the examination date, as well as its corporate conduct during the examination period, are in compliance with Department laws, rules, and regulations. A market conduct examination is focused on the fair treatment of policyholders and the scope of these examinations is on areas such as company operations, complaint handling, marketing, claims, rate and form filing and policyholder service. When one goes to the section for Property Casualty Company Exam Reports there are hundreds of such examinations dating back many years available in PDF format. None pertain to State Farm or other major auto insurers operating in the State of New York.

But I am not giving up and once again I am squaring off with State Farm and their psychotic big money law firms.


In this case my client -- Mr. Thrall -- was severely injured in an automobile accident. In order to get out of paying the medical bills State Farm hired an expert doctor -- a real loser named Nunez -- to say that Mr. Thrall was not injured. Multiple doctors had already reported that Mr. Thrall needed spinal surgery. In any event during the fake State Farm examination this Doctor Nunez actually gave my client a new injury. Nunez forcefully jerked Mr. Thrall's leg past a point at the knee that it could safely move -- hyper extending it and tearing the ligaments. That's assault. Here is an excerpt from the complaint about Nunez who makes his living -- millions of dollars -- by performing fake examinations for State Farm:


143. New York citizens have commented on this scourge of the insurance industry called Nunez. Some of the comments are listed below. They are dated January 17, 2016 and April 14, 2014 respectively:
This man and many like him that do an ime for the insurance companies should be ashamed. I video taped [sic] my son's ime and this man lied on his report and I have it on tape. I now will do everything in my power to have him brought up on charges and make it so he can't hurt anyone else. He has only one objective, do as many as he can and make as much money as possible. I blame also our law makers they let this go on in comp cases. Independent Medical Exam how backwards is this. The Insurance industry running another part of our lives!
He did 2 surgeries on my ruptured bicep tendon and left me with 20 pecent [sic] range of motion and also in the process cut my radial nerve and when questiond [sic] on it his response was "well a lot of times that nerve gives people trouble later on in life anyway" So lol I guess he did me a favor unreal .Went to hospital for special surgery and one surgery (my 3rd and final) I now have 95 percent range of motion. Dr Nunez should not be a surgeon.

Nunez wrote a fraudulent report saying Mr. Thrall was fine. State Farm used this report to deny my client all medical treatment. As a result his condition worsened and now he can barely walk. State Farm does this in New York to thousands of people a year.


Here's an excerpt of the complaint that discusses some of State Farm's criminal conduct when it comes to avoiding claims payouts:

THE STATE FARM PATTERN OF CRIMINAL CLAIMS CONDUCT
244. State Farm has an extensive history when it comes to claims abuses both nationally and in the State of New York. One esteemed New York State Supreme Court Justice commented on State Farm’s abuse of a medical provider:
The defendant [State Farm] seems to have made the plaintiff [medical provider] its white whale. Its relentless pursuit is able to be fueled by the might of the corporate enterprise behind the defendant. As stated earlier the defendant has pursued its hunt for over five years in various venues and has yet to establish its defense. Perhaps its goal is merely to drive the plaintiff out of business by refusing to pay claims and forcing the plaintiff to incur ongoing litigation costs. The defendant appears to have lost sight of its statutory and regulatory obligations in its quest to prove a defense at all costs.
Valley Psychological, P.C. v. State Farm Mutual Automobile Insurance Company, Index No. 3182/2008 (Sup. Ct. of New York, Co. of Saratoga) at Page 7.
Vehicle Theft Claims
245. State Farm’s heinous abuse is part and parcel of all facets of their automobile insurance. See, e.g. Hampton v. State Farm Mutual Automobile Insurance Company, WD 66791 (Court of Appeals of Missouri, Western District, January 8, 2008). In Hampton the Plaintiffs reported the theft of their vehicle and made a claim. State Farm concocted a story claiming that the Plaintiffs actually ditched the vehicle in order to collect insurance money and threatened the claimants with jail if they pursued their claim. After the claimants moved forward with pursuing their claim, members of State Farm falsified reports and evidence, which was passed on to a National Insurance Crime Bureau[1] Agent who persuaded the police to arrest the Hamptons. They were subsequently cleared and brought suit for malicious prosecution and punitive damages. The Court upheld a punitive damages award of 8 million dollars based on the egregious circumstances brought on by State Farm, and facilitated by the NICB.
State Farm Will Even Resort to Bribery of Public Officials to Avoid Paying Claims
246. See Hale et al. v. State Farm 3:12-cv-00660-DRH-SCW. State Farm was hit with a $1 billion class-action judgment in Avery v. State Farm for using inferior parts in its vehicle repairs. The intermediate Appellate Court upheld the judgment. Arguments were heard before the Illinois Supreme Court in May 2003.
247. One Lloyd Karmeier ran for a Supreme Court seat. With the financial backing of State Farm Karmeier won the election in November 2004. Karmeier fended off claims that he should disqualify himself insisting State Farm’s support would not influence his decision. State Farm swore to the Supreme Court that it had only contributed $350,000 to Karmeier’s campaign.
248. In July 2005, Karmeier voted to throw out the billion-dollar judgment – without his vote approximately $420 million would have remained. It was later found that State Farm funneled between $2 to $4 million to Karmeier’s campaign through third parties by way of the U.S. Chamber of Commerce.
249. The Class Action RICO complaint was upheld and the District Court reversed an earlier decision by allowing Plaintiffs to depose Judge Karmeier. State Farm’s motion for summary judgement was denied because of “many issues of fact.” Case 3:12-cv-00660-DRH-SCW Document 846 Filed 07/03/18 Page 1 of 23. State Farm settled the case for $250,000.000 million dollars; corrupted the system of justice; and still made money.
Liability Auto Insurance Abuses
250. See Campbell v. State Farm, 65 P.3d 1134 (2001) and State Farm v. Campbell, 538 U.S. 408 (2003). (145 million dollar bad faith auto insurance punitive damages award fully restored by the State of Utah’s highest court; found to be excessive by the U.S. Supreme Court – punitive damages award based on State Farm’s nationwide conduct not just Utah – who remanded the case for further proceedings re: punitive damages. State Farm found to engage in “reprehensible conduct” on a nationwide basis: “State Farm’s … policy of using its claims-handling process as a profit center to systematically deny benefits owed to consumers is deliberately crafted to prey on … ‘the elderly, the poor … the most vulnerable to trickery or deceit … and hence have no real alternative but … to settle a claim at much less than fair value.’”;[2] destruction of evidence; “mad dog” litigation tactics including the failure to provided discovery/excessive objections, etc.)
251. After 20 years of intense litigation and appellate court remands the Utah State Supreme Court awarded Inez Campbell more than $9 million.
The Criminal Enterprise that is State Farm and its Various Outside Claims Examiners Extends to Home Owner’s Insurance
252. See Rigsby, et al v. State Farm Fire & Cas. Co., No. 14-60160 (5th Cir. July 13, 2015) (A hurricane Katrina case) (Upheld a jury verdict in favor of Cori and Kerry Rigsby who sued on behalf of the government after they witnessed State Farm shifting claims to federal flood insurance that should have been paid by State Farm. State Farm’s policies cover wind damage but not flood. The allegations against State Farm were widespread following Katrina. Sisters testimony that they witnessed State Farm pressure engineers – much akin to the IME scheme – to rule that damage was caused by floodwaters instead of wind was key)
Dangerous Title Washing Activity in New York and Across America
253. In instances where automobiles are seriously damaged in accidents or floods it is the practice of State Farm to pay the insured the so-called “book value” of the vehicle while taking possession of the seriously damaged vehicle. Title to seriously damaged vehicles must be “branded” as “Salvage” in order to inform potential buyers of the fact that a particular vehicle had been seriously damaged in the past. This may not be apparent after repairs are effectuated.
254. State Farm would routinely reapply for “Clean Title” for these vehicles and receive such title. As a result there would no longer be any indication to a buyer that the vehicle had been totaled. The vehicle would increase in value fivefold when State Farm sold the vehicle.
255.The Office of the Attorney General, New York, was assigned to the investigation of State Farm’s above conduct.State Farm agreed to pay $40,000,000.00 dollars to consumers nationwide – a slap on the wrist given the dangerous criminal activity State Farm committed.
[1] The National Insurance Crime Bureau is but an alter ego of State Farm and the insurance industry as a whole that is used by industry to convince authorities to falsely arrest citizens. [2] This is what was done to Mr. Thrall who has only the benefit of a high school education and is of the lower income strata and therefore lacks resources to fight State Farm until now.

I could have went on and on and I in fact did but I want to keep this post short.


If you want to read the complaint it is here. The first time around State Farm got the case removed to Federal Court where Judges are institutionally biased in favor of big corporations. I experienced this the hard way in the SDNY with State Farm -- to be discussed.


I have managed to maneuver this case back into State Court by simply naming all of the guilty parties as Defendants -- residents of New York. (State Farm will sell billions of dollars in insurance policies in New York State but when sued in New York State they will claim to be a an out of state company to get the case removed to corporate friendly federal court)


Here it is:


Thrall v. State Farm, DDA, Nunez Filed
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Download P • 852KB

Here is the decision of the United States Supreme Court regarding State Farm's big Hurricane Katrina rip off:

https://www.pbs.org/newshour/nation/justices-uphold-katrina-fraud-verdict-state-farm


My final message to you is this. First don't buy State Farm.


Second its time to kick out the elected officials like our current governor and the legislature that protects insurance companies like State Farm.


Since neither Republicans nor Democrats protect tax payers from big insurance companies you might want to vote for independent progressives that love to go after big corporations.


Meanwhile you might want to watch this if you're not convinced:



Stay away from State Farm. Their not good neighbors. They hurt people. And fuck you Aaron Rodgers. You wish you were Tom Brady or Patrick Mahomes.










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