War Crimes Investigator Confirmed ARound Time of Milosevic's Death Her Passaic County Doctors Gave Her Deadly Combination of Medications and Pills in One Bottle of Many Colors (!)
3 Stars
10 Comments
Delicious Digg Facebook
Reddit Stumble Upon Technorati
Mixx Sphinn Twitter
SphereIt Propeller Gmarks
Newsvine Yahoo! My Web Live Journal
Blinklist E-mail
Share
Trash Duplicate story Spam Inaccurate Plagiarized Profane
Jill Starr , bloomingdale: Apr 2 2009
United States :
Around the time former Serb President Milosevic died, I confided in my LPC associate, Darko Trifunovic, explaining to him whereby my own US doctors were prescribing me a deadly combination of medications coming in one bottle possessing many different colors which was very suspicious (!)
War Crimes Investigator Confirmed ARound Time of Milosevic's Death Her Passaic County Doctors Gave Her Deadly Combination of Medications and Pills in One Bottle of Many Colors (!)
All of these top Serbian men, like Karadzic, possessed highly classified information (CIA Assocaited) which could easily shame top US officials. They never made it to the end of their trials when they spoke out like me (JIll Starr) in NJ USA.
The Law Project Center (UN-NGO) an associated organ of the Yugoslav Coalition to Establish an International Criminal Court demands immediate investigation into these assassination allegations.
Until they are 100% completed, an immediate legal injunction should be entered in the Kradzic and other Hague cases and outside Hague arrest warrants in other countries.
I strongly recommend Serbia receiving Karadzic back into Serbian custody until the Hague can prove itself as an non dangerous and non biased institution towards Serbs.
I wish the Serbian government would offer me protection in their country during the Karadzic trial at very least.
And when Bloomingale Police Came to my house once when I was really sick and had heart problems and my feet were swollen as large as an elephant’s it seemed because of the dangerous combinations of medications I was on during that time, the local Bloomingdale ambulance squad told me NOT to go to the hospital and they had other things to do with their time by saying that my condition I had at that time, did not seem like it needed immediate medical assistance and only if I insisted, they would traverse me to the Chilton Hospital. All my doctors including Arnold Stark, Dr Charlotte Piuck and Archbishop John LoBue all visited me at Ramapo Ridge, recommended which doctors I visited (ones they wanted me to see since my trip to Serbia in 2002). And all my doctors gave me medications they must have known as doctors would interact into a most probable fatal condition in my case if I took them simultaneously. They all asked me which doctors were giving me concurrent medicatins including Jewish Dr Schweiger in Livingston NJ.
All times when I was hospitalized in Ramapo Ridge and also Chilton Hospital in psychiatric, all doctors forced me tot ake medications which made me extremely ill in which I had long history of being highly allergic to. These records are on file at Chilton (they ought to be anyway). Every single doctor referral given to me for a doctor from Ramapo Ridge facility, St. Mary’s Hosptial in Passaic County NJ as well as Chilton Hospital doctors took me off the medications (cold Turkey) I had taken for over 15 years since time I lived in California , and immediately put me on a regiment of dangerous drugs that came close to killing me.
I allege Mladic and all others at the Hague being held are in grave danger and I am willing to prove it if given the opportunity.
I told them “no” I did not want to go because I am tortured and abused almost every time I go there to the local emergency room (both emotionally and physically).
I allege all my doctors (former ones psychiatric and the pain center in northern NJ) were complicit in attempting to murder me in connection with the Karadzic case at the Hague and I am beyond any reasonable doubt to prove it before the world , if the world and the United States in particular would just give me the chance to(!)
Posted by lpcyusa at 5:03 PM
1 comments:
lpcyusa said...
The Bloomingdale Police, whenever they come to my apartment in Bloomingdale when I claim to have a genuine emergency always ask me “Are you taking your medications JIll,” threatening me if they find out I am not taking medications I am known to be allergic to, they threaten to take me away to the hospital again and they have over and over again (!)
After being released by an illegal detainee situation from St Mary’s hospital in Passaic County NJ, they had St. Mary’s visiting services come to check up on me each week to so call “make sure I was taking my medications.” After being released also from all three of these facilities all doctors THREATEN THAT I WILL “BE BACK IN TE EMERGENCY ROOM UNLESS I TAKE THE MEDICATIONS AS THEY GIVE THEM TO ME...” Arnold Stark always asks me as ArchBishop John does if I am taking these pills I am allergic to. Several times when both the Bishop and also Mr Stark were present in my Bloomingdale residence, I had been rushed to Chilton for allergic reactions that placed my life in grave danger.
April 3, 2009 12:57 PM
Post a Comment
Tags: hague's assassination attempt allegations gain weight in international community, un, jill starr, karadzic
Add Images and Videos
Close X
Recommended Tags or Keywords
Search by Tags or Keywords
Selected Media ( You can Upload only Six media )
Add to Story
Sorry no picture found for this combination of tags. Try to search minimum number of tags at once
* Normal
* Global/Local
RSS
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
When I was attending the Pain Center of Northern NJ in Passaic County NJ. The doctors there were many. Run by Pakistanisn man, he hired a Kosovo Albanian man. Also there was a Serbian lady working in the physical therapy department there.
When I was the most suicidal, Dr Quershi, the head pain doctor who used to head the Chilton Hospital (Pompton Plains, NJ Psychiatry Department) who went into pain management and still is, increased my methadone pain medications to 80mg each day for no reason.
He knew I was on Xanax, adderall, ritalin, phenobarbital and others at the same time from other doctors.
The other doctor from Kosovo, the ALbanian seperatist man told me he was in with the Albanian UN Mission activities and was a Kosovo independence supporter. I told him I disageed with him on the Kosovo legal issues like UN Resolution#1244.
I know my life is in danger here like Kradzic claims his own life is in jeopardy.
If the Hague were to even ask me to stay there until a trial where I can testify I WOULD REFUSE! I feel the Hague is too dangerous for anyone to be held at.
Jill Starr
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
The Pain Center in Passaic County NJ is where Darko and I discovered Osama bin Laden supporters and fliers too.
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
The FBI has investigated Passaic County Pain Center numerous times but is always paid off and the Pain Center gets away with what I will call ”highway murder.”
You can search a google on the place and see the lawsuits and fondling of patients and other horrors occurring there.
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
Medical fraud ring broken
Thursday, June 17, 2004
By EMAN VAROQUA
STAFF WRITER
CLIFTON - Authorities say they’ve dismantled a medical insurance fraud network with the arrests of four suspects, including two who posed as doctors.
Dr. Shams Qureshi, of the Pain Center of North Jersey, and Theresa Vargas, the office manager, were charged Tuesday with health-care fraud and theft by deception. Two others, Shkelzen Badivuku and Surendra Bhatnagar, also were arrested and charged with those counts as well as practicing medicine without a license.
The Passaic County Prosecutor’s Office launched an investigation with the state Attorney General’s Office last summer. Investigators monitored the center’s practices of allegedly submitting phony bills, and that culminated in a search warrant issued Tuesday and the arrests.
The office at 1084-1088 Main Ave. also is known as the Bergen Passaic Ambulatory Surgery Center.
Robert Holmsen, Passaic County chief assistant prosecutor, said he could give few details about the case because the investigation is continuing, but said that ”Insurance companies were being billed for treatments that patients never received.”
Holmsen declined to release the number of patients or the amount of money of which insurance companies were allegedly bilked.
The medical office was open Wednesday, and a receptionist said Qureshi would be in later and then hung up. Qureshi, 54, of Teaneck did not return calls to his home seeking comment. Badivuku, 45, of Hackensack, and Bhatnagar, 63, of Clifton, did not return messages left at their homes. Vargas also could not be located.
All four were held at the city jail Tuesday, but bail information was unavailable.
Insurance fraud in Passaic County has put the North Jersey area on the map for a crime that authorities said costs the average household $300 to $400 a year. In 1998, a law was enacted that raised the severity of the crime from a third-degree to a second-degree offense - making it punishable by a maximum 10-year prison term.
Copyright © 2004 North Jersey Media Group Inc.
Bergen Record
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
Page 1
This Page Was
Intentionally
Left Blank
Page 2
County Prosecutors’ Offices - Criminal Case Notes
Atlantic County Prosecutor’s Office
State v. Adrian Rodriquez
In July 2005, Adrian Rodriquez, a/k/a
Adriano Sotomayor, was sentenced to seven
years state prison and ordered to pay restitution
in the amount of $280,059 to 32 victims. The
Atlantic County indictment charged Rodriquez
with theft by deception. An investigation by
the Atlantic County Prosecutor’s Office Insur-
ance Fraud Task Force revealed that Rodriquez
allegedly represented himself as an employee
of Mutual Life Insurance Company while con-
tacting families in Puerto Rico fraudulently re-
questing money to satisfy tax liens in order for
the families to collect on large insurance poli-
cies of recently deceased family members.
State v. Miguel Angel Matos
As the result of an investigation by the At-
lantic County Prosecutor’s Office Insurance
Fraud Task Force into the manufacture and
sale of counterfeit motor vehicle insurance
cards, on October 6, 2005, Miguel Angel
Matos was indicted and charged with simulat-
ing a motor vehicle insurance card, conspiracy,
tampering with public records, and possession
of forgery devices. The investigation resulted
in the execution of search warrants wherein
materials allegedly used in manufacturing
counterfeit insurance cards, as well as birth
certificates and Social Security cards, were re-
covered. Matos is currently a fugitive.
Bergen County Prosecutor’s Office
State v.Jesus Arroyo
Jesus Arroyo pled guilty to charges of Insur-
ance Fraud and forgery; and on May 27, 2005,
he was sentenced to serve 364 days in county
jail and to five years probation, and ordered to
pay $100,000 in restitution as a condition of
probation. Arroyo, who allegedly assumed the
identity of his deceased brother, provided a
false statement under oath and collected an au-
tomobile accident settlement from Utica Mu-
tual Insurance Company.
State v. Damon Brown
On August 19, 2005, Damon Brown was sen-
tenced to two years probation and ordered to
serve six months in county jail as a condition of
probation. Brown was convicted of presenting a
false and altered Allstate insurance identification
card to a law enforcement officer.
Burlington County Prosecutor’s Office
State v. John R. Okuszki, Randy Gemenden,
and Christopher Uffer
In May 2005, John R. Okuszki, Randy
Gemenden, and Christopher Uffer were
charged with aggravated arson and conspiracy
to commit arson. Gemenden and Uffer alleg-
edly drove Okuszki’s 2002 Subaru Impreza to
a remote location in Tuckerton and set fire to
the vehicle. Afterwards, Okuszki allegedly
falsely reported the vehicle stolen to file a
fraudulent insurance claim.
State v. Frank S. D’Amico
On October 25, 2005, Frank S. D’Amico
was indicted for arson. D’Amico allegedly re-
ported his 2001 Dodge pickup truck stolen
from his New Castle, DE, home. The follow-
ing day the vehicle was found burning in
Mount Laurel, NJ; the cause of the fire was
determined to be suspicious. The State in-
tends to prove D’Amico drove his vehicle to
Mount Laurel and set it on fire with the in-
tention of collecting insurance money.
Camden County Prosecutor’s Office
State v.Anita Trego
Anita Trego, a licensed pharmacist, pled guilty
to an accusation charging her with Health Care
Claims Fraud and on March 21, 2005, was sen-
tenced to five years probation, ordered to suc-
cessfully complete a Drug Court Program as a
condition of probation, and ordered to pay
$2,222 in restitution. The court also suspended
Trego’s pharmacy license for a period of five
years. Trego was charged with possession of
CDS and theft by unlawful taking after her em-
ployer, a local pharmacy, discovered she alegedly
had stolen merchandise and pharmaceuticals
from store inventory. Trego subsequently alleg-
edly submitted fraudulent insurance claims to
offset the loss of the stolen drugs.
State v. Brian Lang
Brian Lang, a licensed practical nurse, pled
guilty to an accusation charging him with theft by
unlawful taking and on March 11, 2005, was sen-
tenced to five years probation, conditioned upon
completion of a one-year in-patient drug pro-
gram, and ordered to pay $297 in restitution to
Health Net. The court also suspended Lang’s
nursing license for a period of two years. An in-
vestigation revealed that Lang, who was em-
ployed by a physician’s group specializing in urol-
ogy care, had allegedly stolen prescription blanks
from his employer and forged the stolen blanks
with various doctors’ names in order to obtain
Percocet and OxyContin.
Cape May County Prosecutor’s Office
State v. Dawn Donovan
A Cape May County Grand Jury indicted
Dawn Donovan on charges of exhibiting a
fraudulent insurance identification card. On No-
vember 18, 2005, she pled guilty to the charge
and was sentenced to three years probation.
Essex County Prosecutor’s Office
State v. Bernard Cole
Bernard Cole pled guilty to charges of Insur-
ance Fraud and conspiracy; and on December
14, 2005, he was sentenced to five years proba-
tion, ordered to pay $24,266 in restitution, and
had his driver’s license suspended for two years.
Cole was employed by Chubb Insurance Com-
pany and also had his 2001 Mitsubishi Montero
insured by Chubb. He allegedly submitted
fraudulent claims to the insurance company re-
garding the theft of his vehicle.
State v. Nicola Popolizio
On November 29, 2005, Nicola Popolizio,
a former Newark police officer, was indicted
and charged with arson, attempted theft by
deception, and Insurance Fraud for his alleged
role in the arson of his 1993 Toyota Camry.
State v. Eric Barden
Eric Barden pled guilty to an indictment
charging him with Insurance Fraud and at-
tempted theft by deception; and on September
23, 2005, he was sentenced to three years pro-
bation. Barden allegedly reported the theft of
his 2004 Jeep Grand Cherokee for the purpose
of submitting a fraudulent insurance claim to
Clarendon National Insurance Company.
State v. Michael A. Ruzzano
Michael A. Ruzzano pled guilty to theft by
deception; and on August 26, 2005, he was
sentenced to three years probation condi-
tioned upon performing100 hours of commu-
nity service. Ruzzano admitted to participat-
ing in the fraudulent theft of his vehicle for
the purpose of defrauding Hanover Insurance
Company.
State v.Michael DelPonte
Michael DelPonte was admitted into the
PTI Program on June 10, 2005, and ordered
to pay $32,469 in restitution to State Farm
Insurance Company. DelPonte allegedly had
an individual dispose of his leased 2001
Mercedes ML320, which had greatly exceeded
its mileage allowance.
State v. Dorian Woodruff and Judy Brooks
Woodruff
On October 25, 2005, Dorian Woodruff was
indicted and charged with conspiracy to commit
aggravated arson, aggravated arson, conspiracy
to commit theft by deception, attempted theft
by deception, conspiracy to commit Insurance
Fraud, and Insurance Fraud for his alleged role
in the theft and arson of his 2001 Ford Ex-
plorer. On the same date, Judy Brooks Woo-
druff was indicted for attempted theft by de-
ception and Insurance Fraud.
135
Page 3
Supervising Deputy Attorney General Tina Polites (l.)
and Deputy Attorney General Phillip Mogavero (r.) draft a Motion for court.
OIFPProgram Analyst Joan Enright instructs members
of the County Prosecutors’ Offices on grant application procedures.
State v.Carlos Torres
On November 29, 2005, Carlos Torres was
indicted and charged with conspiracy to com-
mit aggravated arson, aggravated arson, at-
tempted theft by deception, and Insurance
Fraud. Torres allegedly fraudulently reported
his 2003 Chevy Trailblazer stolen. In addi-
tion, he claimed $5,000 in equipment up-
grades for which he allegedly provided
fraudulent receipts.
Gloucester County Prosecutor’s Office
State v. George M. Halliday
On December 9, 2005, George M. Halliday
was sentenced to three years probation and a
one-year suspension of his driver’s license.
Halliday pled guilty to simulating a motor ve-
hicle insurance identification card.
State v. Nicole Pfund
Nicole Pfund pled guilty to theft by decep-
tion for faking a slip-and-fall injury at a West
Deptford Township hotel and on March 21,
2005, was sentenced to four years state prison
and ordered to pay $4,323 in restitution.
Pfund filed a $50,000 insurance claim with Se-
lective Insurance Company after falsely report-
ing she had fallen in a flooded hotel bathroom.
State v. Margaret E. Moore
On April 29, 2005, Margaret E. Moore was
sentenced to two years probation after plead-
ing guilty to simulating a motor vehicle insur-
ance identification card.
State v. Wendell E. Frazier
On July 21, 2005, Wendell E. Frazier was
charged with making a false police report. A
cooperative investigation by the Glassboro
Police Department and the Gloucester
County Prosecutor’s Office revealed Frazier
allegedly “gave up” a 2004 Chrysler Sebring,
insured by New Jersey Manufacturers Insur-
ance Company, and allegedly filed a fraudulent
theft claim. The investigation is continuing.
State v. Sean C. Erickson
On September 16, 2005, Sean C. Erickson
was sentenced to three years probation and
ordered to pay $695 in fines and penalties af-
ter pleading guilty to simulating a motor ve-
hicle insurance identification card.
State v. Cynthia A. Warner
On August 19, 2005, Cynthia A. Warner
was sentenced to two years probation after
pleading guilty to a charge of simulating a
motor vehicle insurance identification card.
State v. Tanteepo K. Moulton
On October 21, 2005, Tanteepo K.
Moulton was admitted into the PTI Program.
Moulton was indicted for simulating a motor
vehicle insurance identification card.
Hudson County Prosecutor’s Office
State v. Ali Fouda and Samir Abdellatif
On July 7, 2005, Ali Fouda and Samir
Abdellatif pled guilty to an accusation charging
them with simulating a motor vehicle insurance
identification card and were admitted into the
PTI Program. Fouda and Abdellatif, owners of
J&T Transit Corporation, Greenway Transit Cor-
poration, and Rite Ride Transportation, all lo-
cated in Fairview, admitted to illegally manufac-
turing insurance identification cards and provid-
ing the cards to their fleet drivers.
State v.Mariana Clark
On November 7, 2005, Mariana Clark was
sentenced to three years probation and or-
dered to pay $28,000 in restitution after
pleading guilty to an indictment charging her
with theft by deception. Clark allegedly inter-
cepted a life insurance check issued to her sis-
ter, forged the endorsement, and deposited
the money into her personal account.
Mercer County Prosecutor’s Office
State v. Enrique Chinchilla
On November 18, 2005, Enrique Chin-
chilla was sentenced to three years probation
and ordered to forfeit approximately $600 to
the State as part of his guilty plea. Chinchilla
pled guilty to an accusation charging him with
uttering a fraudulent government document.
State v. Oscar Diaz a/k/a Oscar Corrales
On November 17, 2005 , Oscar Diaz was
arrested and charged with selling a fraudulent
insurance identification card to an undercover
police officer. The case is pending.
Monmouth County Prosecutor’s Office
State v. Michael Frunzi
On January 12, 2005, Michael Frunzi,
owner of Frunzi Investment Group, was ad-
mitted into the PTI Program conditioned upon
paying $6,375 in restitution to Aurora Envi-
ronmental, Inc. Frunzi was charged with theft
by deception, misconduct of a corporate offi-
cial, receiving deposits for a failing financial in-
stitution, and attempted theft by deception.
Allegedly, Aurora Environmental paid Frunzi a
$5,600 premium to insure the company’s fleet
vehicles; however, after a vehicle was involved
in an accident, it was determined the insurance
company never received the premium and had
no listing of Aurora as a customer.
Morris County Prosecutor’s Office
State v.Kimberly McCauley
On August 9, 2005, Kimberly McCauley
pled guilty to an indictment charging her with
theft by deception. An investigation revealed
that Kimberly McCauley allegedly filed false
insurance claims through her chiropractic of-
fice, New Life Chiropractic in Riverdale. She
is awaiting sentencing.
State v. Joseph A. Tenaglia
Joseph Tenaglia pled guilty to an accusation
charging him with exhibiting a fraudulent in-
surance identification card to a law enforce-
ment officer; and on August 8, 2005, he was
sentenced to 18 months state prison.
State v.Sydney A. Baker
Sydney A. Baker pled guilty to charges of
exhibiting a fraudulent GEICO motor vehicle
insurance identification card to a law enforce-
ment officer; and on October 27, 2005, she
was admitted into the PTI Program.
Ocean County Prosecutor’s Office
State v.Jose Morales
On November 18, 2005, Jose Morales was
sentenced to three years probation, condi-
tioned upon serving 364 days in the county
jail. Morales pled guilty to an indictment
charging exhibition of a simulated motor ve-
hicle identification card to a Lakewood
Township police officer.
State v. Erin Larangiera
On May 2, 2005, Erin Larangiera pled
guilty to an indictment charging her with
Health Care Claims Fraud. She was sentenced
to probation and ordered to pay $151 in resti-
tution to Horizon Blue Cross Blue Shield. Al-
legedly, Larangiera, who worked in a
physician’s office, illegally accessed prescrip-
tion blanks, forged prescriptions for her per-
136
Page 4
County Prosecutors’ Offices - Criminal Case Notes
sonal use, and utilized her Caremark prescrip-
tion card to help pay for the prescriptions.
Passaic County Prosecutor’s Office
State v. Shams Qureshi, M.D., Teresa Vargas,
and Shkelzen Badivuku
Following a two-and-a-half year investi-
gation into an alleged overbilling scheme at
the Pain Center of North Jersey, on Decem-
ber 15, 2005, Shams Qureshi, his office man-
ager Teresa Vargas, and office assistant
Shkelzen Badivuku were indicted on charges
of Health Care Claims Fraud and theft by
deception. Badivuku was also charged with
practicing medicine without a license. It is
alleged that Qureshi generated and submitted
fraudulent medical reports reflecting medical
examinations when, in fact, no examinations
were performed.
State v.Isabel Tavares
On August 23, 2005, Isabel Tavares was
indicted on charges of theft by deception.
Tavares allegedly submitted a fraudulent
workers’ compensation claim with Chubb In-
surance and received in excess of $100,000 in
disability payments before Chubb determined
Tavares allegedly failed to disclose prior and
subsequent injuries for which she received
pain and suffering settlements from other in-
surance carriers.
State v.Andre Pascal, Pedro Pascal, Jose
Pascal, Luis Pascal, Eduardo Abreu,
Wilfredo Abreu, and Hector Abreu
On April 12, 2005, Andre Pascal, Pedro
Pascal, Jose Pascal, Luis Pascal, Eduardo
Abreu, Wilfredo Abreu, and Hector Abreu
were indicted on charges of Health Care
Claims Fraud, attempted theft by deception,
and identity theft. It is alleged these indi-
viduals used multiple identities to file fraudu-
lent claims for motor vehicle accidents and
slip-and-fall claims.
State v. Adiel Brito
On June 14, 2005, Adiel Brito pled guilty
to an accusation charging him with Insurance
Fraud. Brito allegedly falsely reported his ve-
hicle stolen to the Wayne Police Department
and to New Jersey Manufacturers Insurance
Company when, in fact, he had arranged to
“give up” the vehicle. Brito was admitted
into the PTI Program.
State v.Stephen Casey
Stephen Casey pled guilty to a
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
Page 1
This Page Was
Intentionally
Left Blank
Page 2
County Prosecutors’ Offices - Criminal Case Notes
Atlantic County Prosecutor’s Office
State v. Adrian Rodriquez
In July 2005, Adrian Rodriquez, a/k/a
Adriano Sotomayor, was sentenced to seven
years state prison and ordered to pay restitution
in the amount of $280,059 to 32 victims. The
Atlantic County indictment charged Rodriquez
with theft by deception. An investigation by
the Atlantic County Prosecutor’s Office Insur-
ance Fraud Task Force revealed that Rodriquez
allegedly represented himself as an employee
of Mutual Life Insurance Company while con-
tacting families in Puerto Rico fraudulently re-
questing money to satisfy tax liens in order for
the families to collect on large insurance poli-
cies of recently deceased family members.
State v. Miguel Angel Matos
As the result of an investigation by the At-
lantic County Prosecutor’s Office Insurance
Fraud Task Force into the manufacture and
sale of counterfeit motor vehicle insurance
cards, on October 6, 2005, Miguel Angel
Matos was indicted and charged with simulat-
ing a motor vehicle insurance card, conspiracy,
tampering with public records, and possession
of forgery devices. The investigation resulted
in the execution of search warrants wherein
materials allegedly used in manufacturing
counterfeit insurance cards, as well as birth
certificates and Social Security cards, were re-
covered. Matos is currently a fugitive.
Bergen County Prosecutor’s Office
State v.Jesus Arroyo
Jesus Arroyo pled guilty to charges of Insur-
ance Fraud and forgery; and on May 27, 2005,
he was sentenced to serve 364 days in county
jail and to five years probation, and ordered to
pay $100,000 in restitution as a condition of
probation. Arroyo, who allegedly assumed the
identity of his deceased brother, provided a
false statement under oath and collected an au-
tomobile accident settlement from Utica Mu-
tual Insurance Company.
State v. Damon Brown
On August 19, 2005, Damon Brown was sen-
tenced to two years probation and ordered to
serve six months in county jail as a condition of
probation. Brown was convicted of presenting a
false and altered Allstate insurance identification
card to a law enforcement officer.
Burlington County Prosecutor’s Office
State v. John R. Okuszki, Randy Gemenden,
and Christopher Uffer
In May 2005, John R. Okuszki, Randy
Gemenden, and Christopher Uffer were
charged with aggravated arson and conspiracy
to commit arson. Gemenden and Uffer alleg-
edly drove Okuszki’s 2002 Subaru Impreza to
a remote location in Tuckerton and set fire to
the vehicle. Afterwards, Okuszki allegedly
falsely reported the vehicle stolen to file a
fraudulent insurance claim.
State v. Frank S. D’Amico
On October 25, 2005, Frank S. D’Amico
was indicted for arson. D’Amico allegedly re-
ported his 2001 Dodge pickup truck stolen
from his New Castle, DE, home. The follow-
ing day the vehicle was found burning in
Mount Laurel, NJ; the cause of the fire was
determined to be suspicious. The State in-
tends to prove D’Amico drove his vehicle to
Mount Laurel and set it on fire with the in-
tention of collecting insurance money.
Camden County Prosecutor’s Office
State v.Anita Trego
Anita Trego, a licensed pharmacist, pled guilty
to an accusation charging her with Health Care
Claims Fraud and on March 21, 2005, was sen-
tenced to five years probation, ordered to suc-
cessfully complete a Drug Court Program as a
condition of probation, and ordered to pay
$2,222 in restitution. The court also suspended
Trego’s pharmacy license for a period of five
years. Trego was charged with possession of
CDS and theft by unlawful taking after her em-
ployer, a local pharmacy, discovered she alegedly
had stolen merchandise and pharmaceuticals
from store inventory. Trego subsequently alleg-
edly submitted fraudulent insurance claims to
offset the loss of the stolen drugs.
State v. Brian Lang
Brian Lang, a licensed practical nurse, pled
guilty to an accusation charging him with theft by
unlawful taking and on March 11, 2005, was sen-
tenced to five years probation, conditioned upon
completion of a one-year in-patient drug pro-
gram, and ordered to pay $297 in restitution to
Health Net. The court also suspended Lang’s
nursing license for a period of two years. An in-
vestigation revealed that Lang, who was em-
ployed by a physician’s group specializing in urol-
ogy care, had allegedly stolen prescription blanks
from his employer and forged the stolen blanks
with various doctors’ names in order to obtain
Percocet and OxyContin.
Cape May County Prosecutor’s Office
State v. Dawn Donovan
A Cape May County Grand Jury indicted
Dawn Donovan on charges of exhibiting a
fraudulent insurance identification card. On No-
vember 18, 2005, she pled guilty to the charge
and was sentenced to three years probation.
Essex County Prosecutor’s Office
State v. Bernard Cole
Bernard Cole pled guilty to charges of Insur-
ance Fraud and conspiracy; and on December
14, 2005, he was sentenced to five years proba-
tion, ordered to pay $24,266 in restitution, and
had his driver’s license suspended for two years.
Cole was employed by Chubb Insurance Com-
pany and also had his 2001 Mitsubishi Montero
insured by Chubb. He allegedly submitted
fraudulent claims to the insurance company re-
garding the theft of his vehicle.
State v. Nicola Popolizio
On November 29, 2005, Nicola Popolizio,
a former Newark police officer, was indicted
and charged with arson, attempted theft by
deception, and Insurance Fraud for his alleged
role in the arson of his 1993 Toyota Camry.
State v. Eric Barden
Eric Barden pled guilty to an indictment
charging him with Insurance Fraud and at-
tempted theft by deception; and on September
23, 2005, he was sentenced to three years pro-
bation. Barden allegedly reported the theft of
his 2004 Jeep Grand Cherokee for the purpose
of submitting a fraudulent insurance claim to
Clarendon National Insurance Company.
State v. Michael A. Ruzzano
Michael A. Ruzzano pled guilty to theft by
deception; and on August 26, 2005, he was
sentenced to three years probation condi-
tioned upon performing100 hours of commu-
nity service. Ruzzano admitted to participat-
ing in the fraudulent theft of his vehicle for
the purpose of defrauding Hanover Insurance
Company.
State v.Michael DelPonte
Michael DelPonte was admitted into the
PTI Program on June 10, 2005, and ordered
to pay $32,469 in restitution to State Farm
Insurance Company. DelPonte allegedly had
an individual dispose of his leased 2001
Mercedes ML320, which had greatly exceeded
its mileage allowance.
State v. Dorian Woodruff and Judy Brooks
Woodruff
On October 25, 2005, Dorian Woodruff was
indicted and charged with conspiracy to commit
aggravated arson, aggravated arson, conspiracy
to commit theft by deception, attempted theft
by deception, conspiracy to commit Insurance
Fraud, and Insurance Fraud for his alleged role
in the theft and arson of his 2001 Ford Ex-
plorer. On the same date, Judy Brooks Woo-
druff was indicted for attempted theft by de-
ception and Insurance Fraud.
135
Page 3
Supervising Deputy Attorney General Tina Polites (l.)
and Deputy Attorney General Phillip Mogavero (r.) draft a Motion for court.
OIFPProgram Analyst Joan Enright instructs members
of the County Prosecutors’ Offices on grant application procedures.
State v.Carlos Torres
On November 29, 2005, Carlos Torres was
indicted and charged with conspiracy to com-
mit aggravated arson, aggravated arson, at-
tempted theft by deception, and Insurance
Fraud. Torres allegedly fraudulently reported
his 2003 Chevy Trailblazer stolen. In addi-
tion, he claimed $5,000 in equipment up-
grades for which he allegedly provided
fraudulent receipts.
Gloucester County Prosecutor’s Office
State v. George M. Halliday
On December 9, 2005, George M. Halliday
was sentenced to three years probation and a
one-year suspension of his driver’s license.
Halliday pled guilty to simulating a motor ve-
hicle insurance identification card.
State v. Nicole Pfund
Nicole Pfund pled guilty to theft by decep-
tion for faking a slip-and-fall injury at a West
Deptford Township hotel and on March 21,
2005, was sentenced to four years state prison
and ordered to pay $4,323 in restitution.
Pfund filed a $50,000 insurance claim with Se-
lective Insurance Company after falsely report-
ing she had fallen in a flooded hotel bathroom.
State v. Margaret E. Moore
On April 29, 2005, Margaret E. Moore was
sentenced to two years probation after plead-
ing guilty to simulating a motor vehicle insur-
ance identification card.
State v. Wendell E. Frazier
On July 21, 2005, Wendell E. Frazier was
charged with making a false police report. A
cooperative investigation by the Glassboro
Police Department and the Gloucester
County Prosecutor’s Office revealed Frazier
allegedly “gave up” a 2004 Chrysler Sebring,
insured by New Jersey Manufacturers Insur-
ance Company, and allegedly filed a fraudulent
theft claim. The investigation is continuing.
State v. Sean C. Erickson
On September 16, 2005, Sean C. Erickson
was sentenced to three years probation and
ordered to pay $695 in fines and penalties af-
ter pleading guilty to simulating a motor ve-
hicle insurance identification card.
State v. Cynthia A. Warner
On August 19, 2005, Cynthia A. Warner
was sentenced to two years probation after
pleading guilty to a charge of simulating a
motor vehicle insurance identification card.
State v. Tanteepo K. Moulton
On October 21, 2005, Tanteepo K.
Moulton was admitted into the PTI Program.
Moulton was indicted for simulating a motor
vehicle insurance identification card.
Hudson County Prosecutor’s Office
State v. Ali Fouda and Samir Abdellatif
On July 7, 2005, Ali Fouda and Samir
Abdellatif pled guilty to an accusation charging
them with simulating a motor vehicle insurance
identification card and were admitted into the
PTI Program. Fouda and Abdellatif, owners of
J&T Transit Corporation, Greenway Transit Cor-
poration, and Rite Ride Transportation, all lo-
cated in Fairview, admitted to illegally manufac-
turing insurance identification cards and provid-
ing the cards to their fleet drivers.
State v.Mariana Clark
On November 7, 2005, Mariana Clark was
sentenced to three years probation and or-
dered to pay $28,000 in restitution after
pleading guilty to an indictment charging her
with theft by deception. Clark allegedly inter-
cepted a life insurance check issued to her sis-
ter, forged the endorsement, and deposited
the money into her personal account.
Mercer County Prosecutor’s Office
State v. Enrique Chinchilla
On November 18, 2005, Enrique Chin-
chilla was sentenced to three years probation
and ordered to forfeit approximately $600 to
the State as part of his guilty plea. Chinchilla
pled guilty to an accusation charging him with
uttering a fraudulent government document.
State v. Oscar Diaz a/k/a Oscar Corrales
On November 17, 2005 , Oscar Diaz was
arrested and charged with selling a fraudulent
insurance identification card to an undercover
police officer. The case is pending.
Monmouth County Prosecutor’s Office
State v. Michael Frunzi
On January 12, 2005, Michael Frunzi,
owner of Frunzi Investment Group, was ad-
mitted into the PTI Program conditioned upon
paying $6,375 in restitution to Aurora Envi-
ronmental, Inc. Frunzi was charged with theft
by deception, misconduct of a corporate offi-
cial, receiving deposits for a failing financial in-
stitution, and attempted theft by deception.
Allegedly, Aurora Environmental paid Frunzi a
$5,600 premium to insure the company’s fleet
vehicles; however, after a vehicle was involved
in an accident, it was determined the insurance
company never received the premium and had
no listing of Aurora as a customer.
Morris County Prosecutor’s Office
State v.Kimberly McCauley
On August 9, 2005, Kimberly McCauley
pled guilty to an indictment charging her with
theft by deception. An investigation revealed
that Kimberly McCauley allegedly filed false
insurance claims through her chiropractic of-
fice, New Life Chiropractic in Riverdale. She
is awaiting sentencing.
State v. Joseph A. Tenaglia
Joseph Tenaglia pled guilty to an accusation
charging him with exhibiting a fraudulent in-
surance identification card to a law enforce-
ment officer; and on August 8, 2005, he was
sentenced to 18 months state prison.
State v.Sydney A. Baker
Sydney A. Baker pled guilty to charges of
exhibiting a fraudulent GEICO motor vehicle
insurance identification card to a law enforce-
ment officer; and on October 27, 2005, she
was admitted into the PTI Program.
Ocean County Prosecutor’s Office
State v.Jose Morales
On November 18, 2005, Jose Morales was
sentenced to three years probation, condi-
tioned upon serving 364 days in the county
jail. Morales pled guilty to an indictment
charging exhibition of a simulated motor ve-
hicle identification card to a Lakewood
Township police officer.
State v. Erin Larangiera
On May 2, 2005, Erin Larangiera pled
guilty to an indictment charging her with
Health Care Claims Fraud. She was sentenced
to probation and ordered to pay $151 in resti-
tution to Horizon Blue Cross Blue Shield. Al-
legedly, Larangiera, who worked in a
physician’s office, illegally accessed prescrip-
tion blanks, forged prescriptions for her per-
136
Page 4
County Prosecutors’ Offices - Criminal Case Notes
sonal use, and utilized her Caremark prescrip-
tion card to help pay for the prescriptions.
Passaic County Prosecutor’s Office
State v. Shams Qureshi, M.D., Teresa Vargas,
and Shkelzen Badivuku
Following a two-and-a-half year investi-
gation into an alleged overbilling scheme at
the Pain Center of North Jersey, on Decem-
ber 15, 2005, Shams Qureshi, his office man-
ager Teresa Vargas, and office assistant
Shkelzen Badivuku were indicted on charges
of Health Care Claims Fraud and theft by
deception. Badivuku was also charged with
practicing medicine without a license. It is
alleged that Qureshi generated and submitted
fraudulent medical reports reflecting medical
examinations when, in fact, no examinations
were performed
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-6382-03T56382-03T5
PRINCETON INSURANCE COMPANY,
Plaintiff-Appellant,
v.
SHAMS QURESHI, M.D., SPINE ORTHOPEDIC
AND SPORTS REHABILITATION CENTER
and PAIN CENTER OF NORTH JERSEY
a/k/a PAIN CENTER OF N.J. and THEIR
ASSIGNEE SHERRANCE HENDERSON,
Defendants-Respondents.
_________________________________________________
Argued September 13, 2005 - Decided:
Before Judges Skillman, Axelrad and Payne.
On appeal from Superior Court of New
Jersey, Law Division, Essex County,
L-37621-03.
Thomas M. Walsh argued the cause for
appellant (Parker, McCay & Criscuolo,
attorneys; Mr. Walsh on the brief, Stacy
L. Moore, Jr., of counsel).
Scott A. Parsons argued the cause for
respondents (Parsons, Powell & Lane,
attorneys; Mr. Parsons on the brief).
The opinion of the court was delivered by
PAYNE, J.A.D.
Princeton Insurance Company appeals from an order of summary judgment against it, holding it liable for the entire amount of a judgment of $5,400,000, plus pre- and post-judgment interest, entered on a jury verdict in a medical malpractice action in favor of Sherrance Henderson and against Princeton’s insureds Shams Qureshi, M.D. and his two wholly-owned professional corporations, Spine Orthopedic & Sports Rehabilitation Center and Pain Center of North Jersey a/k/a Pain Center of NJ, jointly, severally and in the alternative. The summary judgment was based upon a finding by the motion judge, Stephen Bernstein, that Princeton had exercised bad faith in refusing to accept Henderson’s offer to settle her claims against the Pain Center for the one million dollar policy limit of Princeton’s coverage of that entity. We affirm, premising our conclusion on Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974).
I.
In 2001, Henderson filed suit against Qureshi, Spine Orthopedic and the Pain Center, as well as others, seeking damages for injuries sustained when Qureshi mistakenly injected a prolotherapy solution containing phenol (a caustic substance), dextrose and lidocane into her spinal cord. As the result, Henderson’s legs became paralyzed, and she experienced significant bowel, bladder and sexual dysfunction. Although Henderson eventually regained the ability to walk, she does so with a pronounced limp resulting from a drop foot, and only with the aid of a leg brace and a cane. Her remaining injuries are permanent. Henderson continues to experience significant pain as the result of the injuries. At the time of the occurrence, Henderson, who was in her early thirties, was employed as Regional Director of Pharmaceutical Affairs by Roxanne Laboratories, Inc., and she was pursuing a masters degree in business administration at Johns Hopkins University. Formerly, she was a beauty queen and athlete. Now, she has been determined by the federal government to be totally disabled, and she has been deemed unemployable. Her economic expert estimated the present value of her economic loss to be $2,698,204 with an additional $1,513,063 in future medical expenses.
At the time of Henderson’s injury, Qureshi, Spine Orthopedic and the Pain Center were insured under a single policy of insurance issued by Princeton to Spine Orthopedic that provided coverage of one million dollars each to Qureshi and his two professional corporations. Following service of Henderson’s complaint, in letters dated April 6, 2001 and February 9, 2002, Princeton offered a defense to each of its insureds, without any reservation of rights. The firm of Francis & O’Farrell was assigned to represent them. John O’Farrell conducted that defense on behalf of the three insureds throughout the underlying litigation.
As discovery progressed, it became apparent to O’Farrell that Henderson’s claim against Qureshi was not defensible. In an undated quarterly report submitted by O’Farrell to Princeton after exhaustive discovery had been completed, O’Farrell expressed the view that Qureshi’s viability as a witness was poor and that the impact of his testimony would be unfavorable, whereas he evaluated the testimony of all of Henderson’s multiple lay and expert witnesses as favorable to her and unfavorable to the doctor. Even the expert retained on Qureshi’s behalf could not unequivocally support the defense position. O’Farrell estimated the chances that Qureshi would prevail at trial at ten percent, and gave an anticipated verdict range of $7,000,000 to $10,000,000. He stated: ”This is a case in which a jury can easily become inflamed against Dr. Qureshi and effectively award punitive damages against him in the form of an inflated compensatory verdict that will be difficult to overturn on appeal.” Settlement was urged.
Relatively early in the litigation, Henderson’s counsel had taken the position that a ”physicians exclusion” rendered coverage to Spine Orthopedic unavailable for purposes of settlement, but that coverage in the amount of one million dollars each existed for Qureshi and the Pain Center. Although Princeton did not reserve its rights against Spine Orthopedic, it in large measure adopted the coverage analysis proposed by Henderson’s attorney.
By letters dated February 10, 2003, one day before the scheduled commencement of trial, Kathleen Gill, a Princeton claims consultant, advised Dr. Qureshi and the Pain Center that it ”would be in your best interest if Princeton Insurance Company could attempt to settle this case,” and she urged each to discuss that possibility with personal counsel. The letters continued:
Your policy limits under PS 9229 09 01 are $1M/$3M. The settlement demand is currently $15M. If there is a verdict in excess of your policy limits you will be responsible for such an excess verdict.
In a letter dated March 3, 2003 to Princeton’s coverage counsel, with copies to defendants’ personal attorney Ethan Sheffet and O’Farrell, Henderson’s counsel demanded the Pain Center’s one-million-dollar policy limit. He then stated:
In the event the policy limit is not tendered, and an excess verdict as to the Pain Center of North Jersey is obtained at trial, this office will seek a bad faith claim against Princeton Insurance Company in accord with Rova Farms Resort, Inc. v. Investors Insurance Co. of America, 65 N.J. 474 (1974) and its progeny. We are herewith placing Princeton Insurance Company on notice that plaintiff, Sherrance Henderson, is demanding the $1,000,000 policy limits of the Pain Center of North Jersey. We are not, however, demanding Dr. Qureshi’s $1,000,000 personal professional liability policy limit.
Defendants’ personal counsel Sheffet responded to Princeton’s coverage counsel on behalf of the Pain Center and Spine Orthopedic, respectively, in letters dated March 11 and 14, 2003. He acknowledged that Qureshi had already consented to settlement, stated that the corporations did so as well and requested that the one million dollars in coverage afforded to each corporation be offered in addition to Dr. Qureshi’s coverage ”so as to achieve a resolution of the matter.”
In the meantime, on March 8, 2003, the trial judge, Jared Honigfeld, had ruled on the basis of admissions by Qureshi in deposition testimony that both the Pain Center and Spine Orthopedic would be held vicariously liable for any judgment against Qureshi. The doctor, claims consultant Gill and Vice-President of Claims Peter Leone were informed of this ruling by O’Farrell.
As the documents forming the record on summary judgment reflect, settlement remained under active consideration by Princeton as the trial progressed. Gill drafted two e-mails to Leone and one memo to the file on March 17. In the first e-mail, Gill reported that summations would conclude that afternoon, and the jury would be charged the next day. She then stated (utilizing commonly employed un-capitalized form):
as of 1:30 pm [Henderson’s counsel] reveals that his client may accept [a co-defendant’s] 1 million policy and she may accept the pain center policy of 1 million as well. however, she will not accept dr qureshie’s [sic] 1 million policy that we have previously tendered. obviously, b[y] offering the pain center’s 1 million policy we protect ourself from bad faith issues.
Gill then stated that 1.5 million was already ”on the table” and asked for Leone’s advice. Leone, in turn, forwarded Gill’s e-mail to Princeton’s Chief Operating Officer, Charles LeFevre, noting that the judge had rendered his opinion on the Pain Center policy and that he ”feels it does apply.” Leone recommended offering one million dollars on behalf of the Pain Center.
In a second e-mail to Leone, written one-half hour later, Gill reported that O’Farrell believed that the verdict would be between three and five million dollars. She stated:
he knows that the jury absolutely hates qureshie due to his blatant lying on cross examination. he knows that judge honigfeld
has already opined that henderson can access both PA policies.
Gill stated that she would ask O’Farrell for a settlement recommendation, which she recorded in her 5:00 p.m. memo as being an offer of one million each for the Pain Center and Qureshi. Gill then stated in the memo that O’Farrell was ”concerned that [defendant’s] assets are in his PA.”
A memo written by Gill on the following day indicated that O’Farrell had informed her that Henderson would not take two million dollars either for Qureshi alone or for all Princeton insureds. At 1:45 p.m., the memo indicates, she authorized O’Farrell to offer one million dollars on behalf of Qureshi, linked to a one-million dollar offer on behalf of both corporations. She indicated that the offer ”forces them to get [defendant] out of harms way. protects PA - avoids bad faith issues.”
The linked two-million-dollar offer was conveyed to Henderson, who rejected it on the record, despite her counsel’s recommendation that it be accepted. During the colloquy regarding the offer, the following exchange occurred:
[PLAINTIFF’S COUNSEL] Just for clarification, Mr. O’Farrell, my understanding is that the - as you know, we’ve demanded the million dollars from the Pain Center. The two-million dollar offer is conditional, in the sense that we would be unable to accept the one-million for the Pain Center only. Is that correct?
MR. O’FARRELL: That is correct.
A jury verdict against Qureshi, and by operation of the court’s order, against the Pain Center and Spine Orthopedic was rendered soon thereafter and reduced to judgment on May 9, 2003. No appeal from that judgment was filed. On the same day, an order was entered releasing defendants from liability to Henderson and assigning their claims against Princeton to her.
Princeton tendered payment of one million dollars to Henderson on behalf of Qureshi and filed the present declaratory judgment on May 6, 2003 to establish the absence of applicable coverage for the Pain Center and Spine Orthopedic. In a counterclaim filed by Henderson, she alleged that Princeton had acted in bad faith in failing to settle the underlying action within policy limits.
Cross-motions for summary judgment were filed in early 2004 that addressed both issues of coverage and Henderson’s bad faith claim. Following oral argument and receipt of post-argument submissions, Judge Bernstein rendered a decision in which he stated:
The Court finds that Princeton Insurance Company knew that the plaintiff in the underlying action would accept the $1 million limit to settle the case. As to the defendant [the Pain Center], Judge Honigfeld had ruled that . . . both the corporate entities were vicariously liable.
And Princeton knew that the value of the case, an unfavorable liability, left this particular insured exposed to a potential excess liability situation that could have been settled within the policy limits. This is exactly the situation that Rova Farms v. Investors Insurance Company at 65 New Jersey 474 addresses.
Princeton chose in this case to assign one counsel to represent all three entities, knowing that there existed a conflict or potential for conflict when dealing with competing demands for three entities for the limited available coverage that was clearly not sufficient to settle the entire case and protect all of the insureds, but could have at least prevented the named corporate defendant from an excess verdict.
What is not addressed in either of the moving papers is the fact that Princeton has a duty to each of its insureds. And if separately represented, they would have been in a position to recommend a course of action that could potentially have protected at least that insured to the extent possible.
The Court finds at least as to the claim of the main corporate defendant [Pain Center] that Princeton is responsible to the full extent of the verdict. As a result, the coverage issue [as to Spine Orthopedics] is moot and the Court finds that they did act in bad faith in at least not resolving the case as to the corporate defendant that could have been settled out of the case.
Summary judgment was therefore granted in Henderson’s favor.
II.
We find the reasoning of Judge Bernstein to have been substantially correct. Our decisions have long held that an insurance company owes to its insured a duty of good faith that applies when, as here, the insurer reserves control of settlement negotiations. See Bowers v. Camden Fire Ins. Assoc., 51 N.J. 62, 71 (1968). In such circumstances,
a decision not to settle must result from weighing, in a fair manner, the probabilities of a favorable or adverse verdict in the trial of a covered damages suit against the insured. . . . [T]he purpose of [liability] insurance is to protect the insured from liability within the limits of the contract. The courts
. . . cannot allow the insurer to frustrate that purpose by a selfish decision as to settlement which exposes the insured to, and which results in, a judgment beyond the specific monetary protection which his premium purchased.
[Ibid.]
See also Rova Farms, supra, 65 N.J. at 492-93. When an adverse verdict is likely to exceed the policy limit, ”the boundaries of good faith become more compressed in favor of the insured, and the carrier can justly serve its interests and those of its insured only by treating the claim as if it alone might be liable for any verdict which might be recovered.” Id. at 493.
Princeton does not dispute these principles as they apply in instances in which the assets of a single insured may be at risk. However, it argues that the principle of fidelity applicable to one insured gives way in a circumstance such as this where individual limits are applicable to multiple insureds under a single policy. In such circumstances, Princeton argues that a balancing of the interests of the insureds must occur, and it implies that when the assets of an individual and his two wholly-owned corporations are at stake, the interests of the corporations may be subordinated to that of the individual insured. However, Princeton supports its argument with inapplicable cases concerning situations in which a single policy limit is applicable to multiple insureds, and settlement of claims against one depletes coverage available to the remainder. See Lehto v. Allstate Ins. Co., 31 Cal. App.4th 60, 36 Cal. Rptr.2d 814 (Ct. App.), review denied, 1 995 Cal. LEXIS 1981, cert. denied, 516 U.S. 820, 116 S. Ct. 80, 133 L. Ed.2d 38 (1995); Strauss v. Farmers Ins. Exchange, 26 Cal. App.4th 1017, 31 Cal. Rptr.2d 811 (Ct. App.), review denied, 1 994 Cal. LEXIS 5175 (1994). Here, a one-million-dollar policy limit was applicable to each insured. Princeton’s arguments thus lack legal support.
In decisions upon which Henderson relies, we have held that when the interests of multiple insureds differ on issues of liability, separate counsel must be appointed to protect and advance those interests. See Wolpaw v. Gen. Acc. Ins. Co., 272 N.J. Super. 41, 45 (App. Div.) (”A liability insurer that insures codefendants whose interests conflict with one another must retain separate and independent counsel for each insured or permit each insured to do so at the insurer’s expense”), certif. denied, 137 N.J. 316 (1994); Yeomans v. Allstate Ins. Co., 130 N.J. Super. 48, 54 (App. Div. 1974); cf. New Jersey Mfrs. Ins. Co. v. Haran, 128 N.J. Super. 265, 270 (App. Div. 1974).
The present case is unusual, in that the interests of Qureshi and his corporations were allied on the issue of liability, each seeking its minimization in exactly the same manner as the result of the operation of principles of vicarious responsibility. However, because of the nature of Henderson’s settlement demand, their interests in settlement may have differed, although we do not perceive a basis upon which Qureshi could have objected to the protection of the Pain Center’s assets through a settlement of claims against it, even if his own liability could not be concurrently compromised. As O’Farrell recognized and expressed in his March 17 call to Gill, Qureshi’s own assets were lodged in the Pain Center, and he had every reason to desire their preservation. Further, Qureshi would have been entitled to a pro tanto reduction in the amount of the judgment against him and Spine Orthopedic as the result of any settlement with Spine Center. De Los Santos v. Saddlehill, Inc., 211 N.J. Super. 253, 263-64 (App. Div. 1986), certif. denied, 107 N.J. 101 (1987). Thus, the sum available to him for payment of a judgment was not depleted.
In any event, it is clear that during the course of settlement negotiations Princeton did not regard itself as having an obligation to settle claims against the Pain Center independent from its obligation to protect Qureshi, nor did it seriously consider whether such a settlement would have benefited Qureshi. As a consequence, Princeton exposed the assets of the Pain Center to attachment in satisfaction of an excess judgment when those assets could have been protected through a settlement within policy limits. As our recitation of the history of settlement negotiations in this matter has disclosed, Princeton was aware at least from the time of Judge Honigfeld’s March 8 ruling that the Pain Center would be vicariously liable for the torts of Qureshi; it was aware that Qureshi had a minimal chance of prevailing at trial; and it was aware that a verdict in excess of available coverage was likely. Nonetheless, despite a demand for the Pain Center’s policy limit, Princeton never offered any amount of money on behalf of that entity that was not tied to settlement of claims against Qureshi. Further, Princeton never offered the face amount of the Pain Center’s coverage on its behalf, but instead offered five hundred thousand dollars each on behalf of the Pain Center and Spine Orthopedic. This fact is conceded by Princeton in its brief on appeal, in which it consistently refers to the one million dollars from the Pain Center and Spine Orthopedic policies as ”the equivalent of” the limit of the Pain Center policy.
At oral argument on appeal, counsel for Princeton sought to suggest that defendants’ personal counsel Sheffet had in his authorization letters required an all-or-nothing settlement. We do not read Sheffet’s correspondence in that fashion. None of the Princeton documents contained in the record reflect its awareness of such a limitation. Moreover, the record contains no indication that either Sheffet or Qureshi was consulted by Princeton regarding Henderson’s offer of a separate settlement of claims against the Pain Center.
It is thus manifest that Princeton acted in bad faith in connection with Henderson’s settlement demand to the Pain Center. We perceive no factual issues requiring remand for a further exploration of the reasonableness Princeton’s conduct in the circumstances of this case.
We note that Princeton does not assert here, as it did in its complaint for declaratory judgment, that coverage for the torts of Qureshi was excluded by the terms of its policy as it applied to the Pain Center. We agree with Judge Bernstein that in this circumstance, whether coverage was likewise available to Spine Orthopedic is irrelevant, since it is Princeton’s conduct in connection with the settlement of claims against the Pain Center that is at issue.
Summary judgment is affirmed.
Throughout his opinion, Judge Bernstein mistakenly referred to Spine Orthopedic and Sports Rehabilitation Center. We have corrected that mistake, finding no material dispute to exist as to the correct corporate defendant.
Contrary to Princeton’s position, we find no support in N.J.S.A. 14A:17-8 for the proposition that Qureshi’s stock in Pain Center could have been seized in satisfaction of judgment if a settlement with Pain Center had been reached, since such a process would have exposed Pain Center’s assets to liability for the debts of Qureshi in a manner prohibited by that statute.
We reject Princeton’s argument that settlement was not warranted when it would have provided a war chest for use by Henderson’s attorney in conducting the litigation. That consideration is irrelevant. Moreover, the litigation was virtually at its end when the settlement negotiations at issue occurred.
(continued)
(continued)
16
A-6382-03T5
APPROVED FOR PUBLICATION
October 6, 2005
APPELLATE DIVISION
October 6, 2005
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
QURESHI, Shams M., M.D.
License #MA046706
1088 Main Avenue
Clifton, NJ 07011-2330
Osmania Medical College, 1977
FLEX Endorsement
INTERIM CONSENT ORDER filed May 2, 2006. This matter was opened to the Board upon the filing of a Verified Administrative Complaint and Order to Show Cause on March 31, 2006. The Order to Show Cause sought the temporary suspension of Dr. Qureshi’s license to practice medicine. The Verified Administrative Complaint alleges violations of the Board’s statutes and regulations based, in part, on Dr. Qureshi’s indictment on December 14, 2005, for among other things, Conspiracy to Commit Health Care Claims Fraud; quality of care concerns regarding his record-keeping; and administration of pain management injections near, around and close to the spine. Dr. Qureshi had not yet filed an Answer to the allegations in the Complaint. The Board ordered limitations on Dr. Qureshi license to practice medicine and surgery in New Jersey, and the monitoring of his medical practice, pending the disposition of the criminal action and further Order of the Board. Dr. Qureshi will not perform, participate in or instruct, either alone or in concert with another physician pain management injections and/or procedures, including, Prolotherapy, Epidural Percutaneous Lysis of Adhesions within the spine, Radiofrequency lesioning procedure of the spine, and IDET procedures. Nothing herein shall be construed to prevent Dr. Qureshi from participating in oral presentations in non-patient treatment settings and he may perform other pain management injections and/or procedures, but only under the monitoring of a qualified, Board-approved Practice Monitor. The Practice Monitor will provide monthly reports to the Medical Director of the Board and will be designated to oversee all billings and insurance claim submission to include review of the appropriateness of all Current Procedural Terminology (CPT) codes billed for any and all medical service provided by Dr. Qureshi. EFFECTIVE DATE: April 19, 2006.
INTERIM ORDER TO VOLUNTARILY CEASE AND DESIST THE PRACTICE OF MEDICINE filed May 11, 2006. Dr. Qureshi entered into an Interim Consent Order which was ratified by the Board on April 19, 2006. The Interim Consent Order provided that Dr. Qureshi’s medical practice will be monitored pending the disposition of the criminal action and further Order of the Board. The monitoring of his medical practice consists of a Board-approved Practice Monitor, Peer Review Expert, and a Billing Monitor. Following his failure to have the monitors in place by May 3, 2006, the Board granted Dr. Qureshi an extension until May 8, 2006. The Board further ruled that upon Dr. Qureshi’s failure to have all three monitors in place and approved by the Board by noon on May 8, 2006 as previously directed by the Board, he was to either voluntarily agree to a Board Order of Cease and Desist from the practice of medicine until such time as all of the Board-approved monitors were in place, or be subject to a hearing before the full Board on the Order to Show Cause on Wednesday, May 10, 2006. The Board ordered that Dr. Qureshi shall Voluntarily Cease and Desist from the practice of medicine and surgery in New Jersey until such time all three monitors as set forth in the April 10, 2006 Interim Consent Order are approved by the Board and in place, or pending the disposition of the Order To Show Cause. EFFECTIVE DATE: May 10, 2006
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
United States :
After attending Passaic County court one day, Bishop John (my priest) stopped on the way home in Paterson New Jersey to fill his monk’s pain mediation at the, Shiva pharmacy. It is located in a majority Islamic neighborhood on Main Street in Paterson New Jersey.
Bishop John parked his car in back of of the Shiva pharmacy, facing an apartment building in back of the building/pharmacy. It was the same pharmacy, the North Jersey pain center in Passaic, NJ I used to go to for chronic pain syndrome wrote me only certain medications they said I could only fill at that certain Shiva pharmacy.
I was waiting outside of the pharmacy in the Bishop’s truck that day, and I saw a huge spider web hanging in a huge web outside someone’s apartment window!
I was so scared of spiders, I could not believe from the size, this spider was real. So I got outside the JEEP, taking up a medium sized stone in my hand, and threw it towards and into the huge Iraqi spider. The spider was REAL! It moved to avoid the stone I thew at its’ web. It had a greenish (light greenish) looking beak on its front like a birds beak. That itself was about 3 inches long and about one half an inch thick. The body was at leat 4 niches long! and yellowish/greenish in tint.
It was identical to the one I saw on the Discovery channel that was huge and claimed to be attacking United States serviceman in Iraq. I looked everywhere online and in my spider research book,s but to thisw very day have been never was find the exact speciman.
I reported it to local authorities but they only tried to take me into a mental hospital,
The Shiva pharmacy is the same pharmacy Darko and I went to that had on their walls PRO Al Qaeda posters asking for monetary donations for Osama bin Laden ( they proudly displayed his photos on the posters). Darko nand I took a few for proof against AL Qaeda.
J StarrHuge Iraqi Spiders Are In Paterson NJ (?)
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 3 2009
bloomingdale, United States
[Member]
http://search.yahoo.com/search?p=jill+starr+video&ei=UTF-8&fr=moz2
http://sites.google.com/site/jillstarrsite/jill-starr-s-hit-video-nightmare-on-bailey-avenue-bloomingdale-nj-usa
This video was when my upstairs neighbor, Jesse, came down to ti my apartment at the same time the Optonline cable guy walked in to my apartment in Bloomingdale, NJ. At that time there were police cars sitting ready to act across the street at QuickCheck store.
My upstairs neighbor said to te cable man, ”DID YOU PUT TE BARREL IN...(gun perhaps).. I panicked and ran across street to the police officer sitting there...they illagally immediately took my to hospital as previously stated...
April 3, 2009 2:24 PM
lpcyusa said...
I will continue to release who information until the guilty parties step forward (!)
TRY ME!
April 3, 2009 2:43 PM
lpcyusa said...
I might add I have so much evidence there is no manner for those guilty to prevent their guilty verdict and prosecution.
I might add this information is scattered around the world so if anything happens to me it will still come out (!)
My father will take of that .
April 3, 2009 2:48 PM
lpcyusa said...
My father will ensure this.
April 3, 2009 2:48 PM
lpcyusa said...
PAYBACK IS A BITCH WITH MY NAME ON IT TO MY ENEMIES!
April 3, 2009 2:49 PM
Post a Comment
Comment Link
Reply to this comment
lpcyu
Welcome Jill Starr. Join the discussion!
You can track all your conversations from your "MyBlog"
Add Image/Video alongwith your comment.
Click here
to Upload an Image from your computer or Enter the url of an Image or a youTube video.
(Local Perspectives)
Local Opinions (10)
RSS
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
When I was attending the Pain Center of Northern NJ in Passaic County NJ. The doctors there were many. Run by Pakistanisn man, he hired a Kosovo Albanian man. Also there was a Serbian lady working in the physical therapy department there.
When I was the most suicidal, Dr Quershi, the head pain doctor who used to head the Chilton Hospital (Pompton Plains, NJ Psychiatry Department) who went into pain management and still is, increased my methadone pain medications to 80mg each day for no reason.
He knew I was on Xanax, adderall, ritalin, phenobarbital and others at the same time from other doctors.
The other doctor from Kosovo, the ALbanian seperatist man told me he was in with the Albanian UN Mission activities and was a Kosovo independence supporter. I told him I disageed with him on the Kosovo legal issues like UN Resolution#1244.
I know my life is in danger here like Kradzic claims his own life is in jeopardy.
If the Hague were to even ask me to stay there until a trial where I can testify I WOULD REFUSE! I feel the Hague is too dangerous for anyone to be held at.
Jill Starr
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
The Pain Center in Passaic County NJ is where Darko and I discovered Osama bin Laden supporters and fliers too.
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
The FBI has investigated Passaic County Pain Center numerous times but is always paid off and the Pain Center gets away with what I will call ”highway murder.”
You can search a google on the place and see the lawsuits and fondling of patients and other horrors occurring there.
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
Medical fraud ring broken
Thursday, June 17, 2004
By EMAN VAROQUA
STAFF WRITER
CLIFTON - Authorities say they’ve dismantled a medical insurance fraud network with the arrests of four suspects, including two who posed as doctors.
Dr. Shams Qureshi, of the Pain Center of North Jersey, and Theresa Vargas, the office manager, were charged Tuesday with health-care fraud and theft by deception. Two others, Shkelzen Badivuku and Surendra Bhatnagar, also were arrested and charged with those counts as well as practicing medicine without a license.
The Passaic County Prosecutor’s Office launched an investigation with the state Attorney General’s Office last summer. Investigators monitored the center’s practices of allegedly submitting phony bills, and that culminated in a search warrant issued Tuesday and the arrests.
The office at 1084-1088 Main Ave. also is known as the Bergen Passaic Ambulatory Surgery Center.
Robert Holmsen, Passaic County chief assistant prosecutor, said he could give few details about the case because the investigation is continuing, but said that ”Insurance companies were being billed for treatments that patients never received.”
Holmsen declined to release the number of patients or the amount of money of which insurance companies were allegedly bilked.
The medical office was open Wednesday, and a receptionist said Qureshi would be in later and then hung up. Qureshi, 54, of Teaneck did not return calls to his home seeking comment. Badivuku, 45, of Hackensack, and Bhatnagar, 63, of Clifton, did not return messages left at their homes. Vargas also could not be located.
All four were held at the city jail Tuesday, but bail information was unavailable.
Insurance fraud in Passaic County has put the North Jersey area on the map for a crime that authorities said costs the average household $300 to $400 a year. In 1998, a law was enacted that raised the severity of the crime from a third-degree to a second-degree offense - making it punishable by a maximum 10-year prison term.
Copyright © 2004 North Jersey Media Group Inc.
Bergen Record
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
Page 1
This Page Was
Intentionally
Left Blank
Page 2
County Prosecutors’ Offices - Criminal Case Notes
Atlantic County Prosecutor’s Office
State v. Adrian Rodriquez
In July 2005, Adrian Rodriquez, a/k/a
Adriano Sotomayor, was sentenced to seven
years state prison and ordered to pay restitution
in the amount of $280,059 to 32 victims. The
Atlantic County indictment charged Rodriquez
with theft by deception. An investigation by
the Atlantic County Prosecutor’s Office Insur-
ance Fraud Task Force revealed that Rodriquez
allegedly represented himself as an employee
of Mutual Life Insurance Company while con-
tacting families in Puerto Rico fraudulently re-
questing money to satisfy tax liens in order for
the families to collect on large insurance poli-
cies of recently deceased family members.
State v. Miguel Angel Matos
As the result of an investigation by the At-
lantic County Prosecutor’s Office Insurance
Fraud Task Force into the manufacture and
sale of counterfeit motor vehicle insurance
cards, on October 6, 2005, Miguel Angel
Matos was indicted and charged with simulat-
ing a motor vehicle insurance card, conspiracy,
tampering with public records, and possession
of forgery devices. The investigation resulted
in the execution of search warrants wherein
materials allegedly used in manufacturing
counterfeit insurance cards, as well as birth
certificates and Social Security cards, were re-
covered. Matos is currently a fugitive.
Bergen County Prosecutor’s Office
State v.Jesus Arroyo
Jesus Arroyo pled guilty to charges of Insur-
ance Fraud and forgery; and on May 27, 2005,
he was sentenced to serve 364 days in county
jail and to five years probation, and ordered to
pay $100,000 in restitution as a condition of
probation. Arroyo, who allegedly assumed the
identity of his deceased brother, provided a
false statement under oath and collected an au-
tomobile accident settlement from Utica Mu-
tual Insurance Company.
State v. Damon Brown
On August 19, 2005, Damon Brown was sen-
tenced to two years probation and ordered to
serve six months in county jail as a condition of
probation. Brown was convicted of presenting a
false and altered Allstate insurance identification
card to a law enforcement officer.
Burlington County Prosecutor’s Office
State v. John R. Okuszki, Randy Gemenden,
and Christopher Uffer
In May 2005, John R. Okuszki, Randy
Gemenden, and Christopher Uffer were
charged with aggravated arson and conspiracy
to commit arson. Gemenden and Uffer alleg-
edly drove Okuszki’s 2002 Subaru Impreza to
a remote location in Tuckerton and set fire to
the vehicle. Afterwards, Okuszki allegedly
falsely reported the vehicle stolen to file a
fraudulent insurance claim.
State v. Frank S. D’Amico
On October 25, 2005, Frank S. D’Amico
was indicted for arson. D’Amico allegedly re-
ported his 2001 Dodge pickup truck stolen
from his New Castle, DE, home. The follow-
ing day the vehicle was found burning in
Mount Laurel, NJ; the cause of the fire was
determined to be suspicious. The State in-
tends to prove D’Amico drove his vehicle to
Mount Laurel and set it on fire with the in-
tention of collecting insurance money.
Camden County Prosecutor’s Office
State v.Anita Trego
Anita Trego, a licensed pharmacist, pled guilty
to an accusation charging her with Health Care
Claims Fraud and on March 21, 2005, was sen-
tenced to five years probation, ordered to suc-
cessfully complete a Drug Court Program as a
condition of probation, and ordered to pay
$2,222 in restitution. The court also suspended
Trego’s pharmacy license for a period of five
years. Trego was charged with possession of
CDS and theft by unlawful taking after her em-
ployer, a local pharmacy, discovered she alegedly
had stolen merchandise and pharmaceuticals
from store inventory. Trego subsequently alleg-
edly submitted fraudulent insurance claims to
offset the loss of the stolen drugs.
State v. Brian Lang
Brian Lang, a licensed practical nurse, pled
guilty to an accusation charging him with theft by
unlawful taking and on March 11, 2005, was sen-
tenced to five years probation, conditioned upon
completion of a one-year in-patient drug pro-
gram, and ordered to pay $297 in restitution to
Health Net. The court also suspended Lang’s
nursing license for a period of two years. An in-
vestigation revealed that Lang, who was em-
ployed by a physician’s group specializing in urol-
ogy care, had allegedly stolen prescription blanks
from his employer and forged the stolen blanks
with various doctors’ names in order to obtain
Percocet and OxyContin.
Cape May County Prosecutor’s Office
State v. Dawn Donovan
A Cape May County Grand Jury indicted
Dawn Donovan on charges of exhibiting a
fraudulent insurance identification card. On No-
vember 18, 2005, she pled guilty to the charge
and was sentenced to three years probation.
Essex County Prosecutor’s Office
State v. Bernard Cole
Bernard Cole pled guilty to charges of Insur-
ance Fraud and conspiracy; and on December
14, 2005, he was sentenced to five years proba-
tion, ordered to pay $24,266 in restitution, and
had his driver’s license suspended for two years.
Cole was employed by Chubb Insurance Com-
pany and also had his 2001 Mitsubishi Montero
insured by Chubb. He allegedly submitted
fraudulent claims to the insurance company re-
garding the theft of his vehicle.
State v. Nicola Popolizio
On November 29, 2005, Nicola Popolizio,
a former Newark police officer, was indicted
and charged with arson, attempted theft by
deception, and Insurance Fraud for his alleged
role in the arson of his 1993 Toyota Camry.
State v. Eric Barden
Eric Barden pled guilty to an indictment
charging him with Insurance Fraud and at-
tempted theft by deception; and on September
23, 2005, he was sentenced to three years pro-
bation. Barden allegedly reported the theft of
his 2004 Jeep Grand Cherokee for the purpose
of submitting a fraudulent insurance claim to
Clarendon National Insurance Company.
State v. Michael A. Ruzzano
Michael A. Ruzzano pled guilty to theft by
deception; and on August 26, 2005, he was
sentenced to three years probation condi-
tioned upon performing100 hours of commu-
nity service. Ruzzano admitted to participat-
ing in the fraudulent theft of his vehicle for
the purpose of defrauding Hanover Insurance
Company.
State v.Michael DelPonte
Michael DelPonte was admitted into the
PTI Program on June 10, 2005, and ordered
to pay $32,469 in restitution to State Farm
Insurance Company. DelPonte allegedly had
an individual dispose of his leased 2001
Mercedes ML320, which had greatly exceeded
its mileage allowance.
State v. Dorian Woodruff and Judy Brooks
Woodruff
On October 25, 2005, Dorian Woodruff was
indicted and charged with conspiracy to commit
aggravated arson, aggravated arson, conspiracy
to commit theft by deception, attempted theft
by deception, conspiracy to commit Insurance
Fraud, and Insurance Fraud for his alleged role
in the theft and arson of his 2001 Ford Ex-
plorer. On the same date, Judy Brooks Woo-
druff was indicted for attempted theft by de-
ception and Insurance Fraud.
135
Page 3
Supervising Deputy Attorney General Tina Polites (l.)
and Deputy Attorney General Phillip Mogavero (r.) draft a Motion for court.
OIFPProgram Analyst Joan Enright instructs members
of the County Prosecutors’ Offices on grant application procedures.
State v.Carlos Torres
On November 29, 2005, Carlos Torres was
indicted and charged with conspiracy to com-
mit aggravated arson, aggravated arson, at-
tempted theft by deception, and Insurance
Fraud. Torres allegedly fraudulently reported
his 2003 Chevy Trailblazer stolen. In addi-
tion, he claimed $5,000 in equipment up-
grades for which he allegedly provided
fraudulent receipts.
Gloucester County Prosecutor’s Office
State v. George M. Halliday
On December 9, 2005, George M. Halliday
was sentenced to three years probation and a
one-year suspension of his driver’s license.
Halliday pled guilty to simulating a motor ve-
hicle insurance identification card.
State v. Nicole Pfund
Nicole Pfund pled guilty to theft by decep-
tion for faking a slip-and-fall injury at a West
Deptford Township hotel and on March 21,
2005, was sentenced to four years state prison
and ordered to pay $4,323 in restitution.
Pfund filed a $50,000 insurance claim with Se-
lective Insurance Company after falsely report-
ing she had fallen in a flooded hotel bathroom.
State v. Margaret E. Moore
On April 29, 2005, Margaret E. Moore was
sentenced to two years probation after plead-
ing guilty to simulating a motor vehicle insur-
ance identification card.
State v. Wendell E. Frazier
On July 21, 2005, Wendell E. Frazier was
charged with making a false police report. A
cooperative investigation by the Glassboro
Police Department and the Gloucester
County Prosecutor’s Office revealed Frazier
allegedly “gave up” a 2004 Chrysler Sebring,
insured by New Jersey Manufacturers Insur-
ance Company, and allegedly filed a fraudulent
theft claim. The investigation is continuing.
State v. Sean C. Erickson
On September 16, 2005, Sean C. Erickson
was sentenced to three years probation and
ordered to pay $695 in fines and penalties af-
ter pleading guilty to simulating a motor ve-
hicle insurance identification card.
State v. Cynthia A. Warner
On August 19, 2005, Cynthia A. Warner
was sentenced to two years probation after
pleading guilty to a charge of simulating a
motor vehicle insurance identification card.
State v. Tanteepo K. Moulton
On October 21, 2005, Tanteepo K.
Moulton was admitted into the PTI Program.
Moulton was indicted for simulating a motor
vehicle insurance identification card.
Hudson County Prosecutor’s Office
State v. Ali Fouda and Samir Abdellatif
On July 7, 2005, Ali Fouda and Samir
Abdellatif pled guilty to an accusation charging
them with simulating a motor vehicle insurance
identification card and were admitted into the
PTI Program. Fouda and Abdellatif, owners of
J&T Transit Corporation, Greenway Transit Cor-
poration, and Rite Ride Transportation, all lo-
cated in Fairview, admitted to illegally manufac-
turing insurance identification cards and provid-
ing the cards to their fleet drivers.
State v.Mariana Clark
On November 7, 2005, Mariana Clark was
sentenced to three years probation and or-
dered to pay $28,000 in restitution after
pleading guilty to an indictment charging her
with theft by deception. Clark allegedly inter-
cepted a life insurance check issued to her sis-
ter, forged the endorsement, and deposited
the money into her personal account.
Mercer County Prosecutor’s Office
State v. Enrique Chinchilla
On November 18, 2005, Enrique Chin-
chilla was sentenced to three years probation
and ordered to forfeit approximately $600 to
the State as part of his guilty plea. Chinchilla
pled guilty to an accusation charging him with
uttering a fraudulent government document.
State v. Oscar Diaz a/k/a Oscar Corrales
On November 17, 2005 , Oscar Diaz was
arrested and charged with selling a fraudulent
insurance identification card to an undercover
police officer. The case is pending.
Monmouth County Prosecutor’s Office
State v. Michael Frunzi
On January 12, 2005, Michael Frunzi,
owner of Frunzi Investment Group, was ad-
mitted into the PTI Program conditioned upon
paying $6,375 in restitution to Aurora Envi-
ronmental, Inc. Frunzi was charged with theft
by deception, misconduct of a corporate offi-
cial, receiving deposits for a failing financial in-
stitution, and attempted theft by deception.
Allegedly, Aurora Environmental paid Frunzi a
$5,600 premium to insure the company’s fleet
vehicles; however, after a vehicle was involved
in an accident, it was determined the insurance
company never received the premium and had
no listing of Aurora as a customer.
Morris County Prosecutor’s Office
State v.Kimberly McCauley
On August 9, 2005, Kimberly McCauley
pled guilty to an indictment charging her with
theft by deception. An investigation revealed
that Kimberly McCauley allegedly filed false
insurance claims through her chiropractic of-
fice, New Life Chiropractic in Riverdale. She
is awaiting sentencing.
State v. Joseph A. Tenaglia
Joseph Tenaglia pled guilty to an accusation
charging him with exhibiting a fraudulent in-
surance identification card to a law enforce-
ment officer; and on August 8, 2005, he was
sentenced to 18 months state prison.
State v.Sydney A. Baker
Sydney A. Baker pled guilty to charges of
exhibiting a fraudulent GEICO motor vehicle
insurance identification card to a law enforce-
ment officer; and on October 27, 2005, she
was admitted into the PTI Program.
Ocean County Prosecutor’s Office
State v.Jose Morales
On November 18, 2005, Jose Morales was
sentenced to three years probation, condi-
tioned upon serving 364 days in the county
jail. Morales pled guilty to an indictment
charging exhibition of a simulated motor ve-
hicle identification card to a Lakewood
Township police officer.
State v. Erin Larangiera
On May 2, 2005, Erin Larangiera pled
guilty to an indictment charging her with
Health Care Claims Fraud. She was sentenced
to probation and ordered to pay $151 in resti-
tution to Horizon Blue Cross Blue Shield. Al-
legedly, Larangiera, who worked in a
physician’s office, illegally accessed prescrip-
tion blanks, forged prescriptions for her per-
136
Page 4
County Prosecutors’ Offices - Criminal Case Notes
sonal use, and utilized her Caremark prescrip-
tion card to help pay for the prescriptions.
Passaic County Prosecutor’s Office
State v. Shams Qureshi, M.D., Teresa Vargas,
and Shkelzen Badivuku
Following a two-and-a-half year investi-
gation into an alleged overbilling scheme at
the Pain Center of North Jersey, on Decem-
ber 15, 2005, Shams Qureshi, his office man-
ager Teresa Vargas, and office assistant
Shkelzen Badivuku were indicted on charges
of Health Care Claims Fraud and theft by
deception. Badivuku was also charged with
practicing medicine without a license. It is
alleged that Qureshi generated and submitted
fraudulent medical reports reflecting medical
examinations when, in fact, no examinations
were performed.
State v.Isabel Tavares
On August 23, 2005, Isabel Tavares was
indicted on charges of theft by deception.
Tavares allegedly submitted a fraudulent
workers’ compensation claim with Chubb In-
surance and received in excess of $100,000 in
disability payments before Chubb determined
Tavares allegedly failed to disclose prior and
subsequent injuries for which she received
pain and suffering settlements from other in-
surance carriers.
State v.Andre Pascal, Pedro Pascal, Jose
Pascal, Luis Pascal, Eduardo Abreu,
Wilfredo Abreu, and Hector Abreu
On April 12, 2005, Andre Pascal, Pedro
Pascal, Jose Pascal, Luis Pascal, Eduardo
Abreu, Wilfredo Abreu, and Hector Abreu
were indicted on charges of Health Care
Claims Fraud, attempted theft by deception,
and identity theft. It is alleged these indi-
viduals used multiple identities to file fraudu-
lent claims for motor vehicle accidents and
slip-and-fall claims.
State v. Adiel Brito
On June 14, 2005, Adiel Brito pled guilty
to an accusation charging him with Insurance
Fraud. Brito allegedly falsely reported his ve-
hicle stolen to the Wayne Police Department
and to New Jersey Manufacturers Insurance
Company when, in fact, he had arranged to
“give up” the vehicle. Brito was admitted
into the PTI Program.
State v.Stephen Casey
Stephen Casey pled guilty to a
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
Page 1
This Page Was
Intentionally
Left Blank
Page 2
County Prosecutors’ Offices - Criminal Case Notes
Atlantic County Prosecutor’s Office
State v. Adrian Rodriquez
In July 2005, Adrian Rodriquez, a/k/a
Adriano Sotomayor, was sentenced to seven
years state prison and ordered to pay restitution
in the amount of $280,059 to 32 victims. The
Atlantic County indictment charged Rodriquez
with theft by deception. An investigation by
the Atlantic County Prosecutor’s Office Insur-
ance Fraud Task Force revealed that Rodriquez
allegedly represented himself as an employee
of Mutual Life Insurance Company while con-
tacting families in Puerto Rico fraudulently re-
questing money to satisfy tax liens in order for
the families to collect on large insurance poli-
cies of recently deceased family members.
State v. Miguel Angel Matos
As the result of an investigation by the At-
lantic County Prosecutor’s Office Insurance
Fraud Task Force into the manufacture and
sale of counterfeit motor vehicle insurance
cards, on October 6, 2005, Miguel Angel
Matos was indicted and charged with simulat-
ing a motor vehicle insurance card, conspiracy,
tampering with public records, and possession
of forgery devices. The investigation resulted
in the execution of search warrants wherein
materials allegedly used in manufacturing
counterfeit insurance cards, as well as birth
certificates and Social Security cards, were re-
covered. Matos is currently a fugitive.
Bergen County Prosecutor’s Office
State v.Jesus Arroyo
Jesus Arroyo pled guilty to charges of Insur-
ance Fraud and forgery; and on May 27, 2005,
he was sentenced to serve 364 days in county
jail and to five years probation, and ordered to
pay $100,000 in restitution as a condition of
probation. Arroyo, who allegedly assumed the
identity of his deceased brother, provided a
false statement under oath and collected an au-
tomobile accident settlement from Utica Mu-
tual Insurance Company.
State v. Damon Brown
On August 19, 2005, Damon Brown was sen-
tenced to two years probation and ordered to
serve six months in county jail as a condition of
probation. Brown was convicted of presenting a
false and altered Allstate insurance identification
card to a law enforcement officer.
Burlington County Prosecutor’s Office
State v. John R. Okuszki, Randy Gemenden,
and Christopher Uffer
In May 2005, John R. Okuszki, Randy
Gemenden, and Christopher Uffer were
charged with aggravated arson and conspiracy
to commit arson. Gemenden and Uffer alleg-
edly drove Okuszki’s 2002 Subaru Impreza to
a remote location in Tuckerton and set fire to
the vehicle. Afterwards, Okuszki allegedly
falsely reported the vehicle stolen to file a
fraudulent insurance claim.
State v. Frank S. D’Amico
On October 25, 2005, Frank S. D’Amico
was indicted for arson. D’Amico allegedly re-
ported his 2001 Dodge pickup truck stolen
from his New Castle, DE, home. The follow-
ing day the vehicle was found burning in
Mount Laurel, NJ; the cause of the fire was
determined to be suspicious. The State in-
tends to prove D’Amico drove his vehicle to
Mount Laurel and set it on fire with the in-
tention of collecting insurance money.
Camden County Prosecutor’s Office
State v.Anita Trego
Anita Trego, a licensed pharmacist, pled guilty
to an accusation charging her with Health Care
Claims Fraud and on March 21, 2005, was sen-
tenced to five years probation, ordered to suc-
cessfully complete a Drug Court Program as a
condition of probation, and ordered to pay
$2,222 in restitution. The court also suspended
Trego’s pharmacy license for a period of five
years. Trego was charged with possession of
CDS and theft by unlawful taking after her em-
ployer, a local pharmacy, discovered she alegedly
had stolen merchandise and pharmaceuticals
from store inventory. Trego subsequently alleg-
edly submitted fraudulent insurance claims to
offset the loss of the stolen drugs.
State v. Brian Lang
Brian Lang, a licensed practical nurse, pled
guilty to an accusation charging him with theft by
unlawful taking and on March 11, 2005, was sen-
tenced to five years probation, conditioned upon
completion of a one-year in-patient drug pro-
gram, and ordered to pay $297 in restitution to
Health Net. The court also suspended Lang’s
nursing license for a period of two years. An in-
vestigation revealed that Lang, who was em-
ployed by a physician’s group specializing in urol-
ogy care, had allegedly stolen prescription blanks
from his employer and forged the stolen blanks
with various doctors’ names in order to obtain
Percocet and OxyContin.
Cape May County Prosecutor’s Office
State v. Dawn Donovan
A Cape May County Grand Jury indicted
Dawn Donovan on charges of exhibiting a
fraudulent insurance identification card. On No-
vember 18, 2005, she pled guilty to the charge
and was sentenced to three years probation.
Essex County Prosecutor’s Office
State v. Bernard Cole
Bernard Cole pled guilty to charges of Insur-
ance Fraud and conspiracy; and on December
14, 2005, he was sentenced to five years proba-
tion, ordered to pay $24,266 in restitution, and
had his driver’s license suspended for two years.
Cole was employed by Chubb Insurance Com-
pany and also had his 2001 Mitsubishi Montero
insured by Chubb. He allegedly submitted
fraudulent claims to the insurance company re-
garding the theft of his vehicle.
State v. Nicola Popolizio
On November 29, 2005, Nicola Popolizio,
a former Newark police officer, was indicted
and charged with arson, attempted theft by
deception, and Insurance Fraud for his alleged
role in the arson of his 1993 Toyota Camry.
State v. Eric Barden
Eric Barden pled guilty to an indictment
charging him with Insurance Fraud and at-
tempted theft by deception; and on September
23, 2005, he was sentenced to three years pro-
bation. Barden allegedly reported the theft of
his 2004 Jeep Grand Cherokee for the purpose
of submitting a fraudulent insurance claim to
Clarendon National Insurance Company.
State v. Michael A. Ruzzano
Michael A. Ruzzano pled guilty to theft by
deception; and on August 26, 2005, he was
sentenced to three years probation condi-
tioned upon performing100 hours of commu-
nity service. Ruzzano admitted to participat-
ing in the fraudulent theft of his vehicle for
the purpose of defrauding Hanover Insurance
Company.
State v.Michael DelPonte
Michael DelPonte was admitted into the
PTI Program on June 10, 2005, and ordered
to pay $32,469 in restitution to State Farm
Insurance Company. DelPonte allegedly had
an individual dispose of his leased 2001
Mercedes ML320, which had greatly exceeded
its mileage allowance.
State v. Dorian Woodruff and Judy Brooks
Woodruff
On October 25, 2005, Dorian Woodruff was
indicted and charged with conspiracy to commit
aggravated arson, aggravated arson, conspiracy
to commit theft by deception, attempted theft
by deception, conspiracy to commit Insurance
Fraud, and Insurance Fraud for his alleged role
in the theft and arson of his 2001 Ford Ex-
plorer. On the same date, Judy Brooks Woo-
druff was indicted for attempted theft by de-
ception and Insurance Fraud.
135
Page 3
Supervising Deputy Attorney General Tina Polites (l.)
and Deputy Attorney General Phillip Mogavero (r.) draft a Motion for court.
OIFPProgram Analyst Joan Enright instructs members
of the County Prosecutors’ Offices on grant application procedures.
State v.Carlos Torres
On November 29, 2005, Carlos Torres was
indicted and charged with conspiracy to com-
mit aggravated arson, aggravated arson, at-
tempted theft by deception, and Insurance
Fraud. Torres allegedly fraudulently reported
his 2003 Chevy Trailblazer stolen. In addi-
tion, he claimed $5,000 in equipment up-
grades for which he allegedly provided
fraudulent receipts.
Gloucester County Prosecutor’s Office
State v. George M. Halliday
On December 9, 2005, George M. Halliday
was sentenced to three years probation and a
one-year suspension of his driver’s license.
Halliday pled guilty to simulating a motor ve-
hicle insurance identification card.
State v. Nicole Pfund
Nicole Pfund pled guilty to theft by decep-
tion for faking a slip-and-fall injury at a West
Deptford Township hotel and on March 21,
2005, was sentenced to four years state prison
and ordered to pay $4,323 in restitution.
Pfund filed a $50,000 insurance claim with Se-
lective Insurance Company after falsely report-
ing she had fallen in a flooded hotel bathroom.
State v. Margaret E. Moore
On April 29, 2005, Margaret E. Moore was
sentenced to two years probation after plead-
ing guilty to simulating a motor vehicle insur-
ance identification card.
State v. Wendell E. Frazier
On July 21, 2005, Wendell E. Frazier was
charged with making a false police report. A
cooperative investigation by the Glassboro
Police Department and the Gloucester
County Prosecutor’s Office revealed Frazier
allegedly “gave up” a 2004 Chrysler Sebring,
insured by New Jersey Manufacturers Insur-
ance Company, and allegedly filed a fraudulent
theft claim. The investigation is continuing.
State v. Sean C. Erickson
On September 16, 2005, Sean C. Erickson
was sentenced to three years probation and
ordered to pay $695 in fines and penalties af-
ter pleading guilty to simulating a motor ve-
hicle insurance identification card.
State v. Cynthia A. Warner
On August 19, 2005, Cynthia A. Warner
was sentenced to two years probation after
pleading guilty to a charge of simulating a
motor vehicle insurance identification card.
State v. Tanteepo K. Moulton
On October 21, 2005, Tanteepo K.
Moulton was admitted into the PTI Program.
Moulton was indicted for simulating a motor
vehicle insurance identification card.
Hudson County Prosecutor’s Office
State v. Ali Fouda and Samir Abdellatif
On July 7, 2005, Ali Fouda and Samir
Abdellatif pled guilty to an accusation charging
them with simulating a motor vehicle insurance
identification card and were admitted into the
PTI Program. Fouda and Abdellatif, owners of
J&T Transit Corporation, Greenway Transit Cor-
poration, and Rite Ride Transportation, all lo-
cated in Fairview, admitted to illegally manufac-
turing insurance identification cards and provid-
ing the cards to their fleet drivers.
State v.Mariana Clark
On November 7, 2005, Mariana Clark was
sentenced to three years probation and or-
dered to pay $28,000 in restitution after
pleading guilty to an indictment charging her
with theft by deception. Clark allegedly inter-
cepted a life insurance check issued to her sis-
ter, forged the endorsement, and deposited
the money into her personal account.
Mercer County Prosecutor’s Office
State v. Enrique Chinchilla
On November 18, 2005, Enrique Chin-
chilla was sentenced to three years probation
and ordered to forfeit approximately $600 to
the State as part of his guilty plea. Chinchilla
pled guilty to an accusation charging him with
uttering a fraudulent government document.
State v. Oscar Diaz a/k/a Oscar Corrales
On November 17, 2005 , Oscar Diaz was
arrested and charged with selling a fraudulent
insurance identification card to an undercover
police officer. The case is pending.
Monmouth County Prosecutor’s Office
State v. Michael Frunzi
On January 12, 2005, Michael Frunzi,
owner of Frunzi Investment Group, was ad-
mitted into the PTI Program conditioned upon
paying $6,375 in restitution to Aurora Envi-
ronmental, Inc. Frunzi was charged with theft
by deception, misconduct of a corporate offi-
cial, receiving deposits for a failing financial in-
stitution, and attempted theft by deception.
Allegedly, Aurora Environmental paid Frunzi a
$5,600 premium to insure the company’s fleet
vehicles; however, after a vehicle was involved
in an accident, it was determined the insurance
company never received the premium and had
no listing of Aurora as a customer.
Morris County Prosecutor’s Office
State v.Kimberly McCauley
On August 9, 2005, Kimberly McCauley
pled guilty to an indictment charging her with
theft by deception. An investigation revealed
that Kimberly McCauley allegedly filed false
insurance claims through her chiropractic of-
fice, New Life Chiropractic in Riverdale. She
is awaiting sentencing.
State v. Joseph A. Tenaglia
Joseph Tenaglia pled guilty to an accusation
charging him with exhibiting a fraudulent in-
surance identification card to a law enforce-
ment officer; and on August 8, 2005, he was
sentenced to 18 months state prison.
State v.Sydney A. Baker
Sydney A. Baker pled guilty to charges of
exhibiting a fraudulent GEICO motor vehicle
insurance identification card to a law enforce-
ment officer; and on October 27, 2005, she
was admitted into the PTI Program.
Ocean County Prosecutor’s Office
State v.Jose Morales
On November 18, 2005, Jose Morales was
sentenced to three years probation, condi-
tioned upon serving 364 days in the county
jail. Morales pled guilty to an indictment
charging exhibition of a simulated motor ve-
hicle identification card to a Lakewood
Township police officer.
State v. Erin Larangiera
On May 2, 2005, Erin Larangiera pled
guilty to an indictment charging her with
Health Care Claims Fraud. She was sentenced
to probation and ordered to pay $151 in resti-
tution to Horizon Blue Cross Blue Shield. Al-
legedly, Larangiera, who worked in a
physician’s office, illegally accessed prescrip-
tion blanks, forged prescriptions for her per-
136
Page 4
County Prosecutors’ Offices - Criminal Case Notes
sonal use, and utilized her Caremark prescrip-
tion card to help pay for the prescriptions.
Passaic County Prosecutor’s Office
State v. Shams Qureshi, M.D., Teresa Vargas,
and Shkelzen Badivuku
Following a two-and-a-half year investi-
gation into an alleged overbilling scheme at
the Pain Center of North Jersey, on Decem-
ber 15, 2005, Shams Qureshi, his office man-
ager Teresa Vargas, and office assistant
Shkelzen Badivuku were indicted on charges
of Health Care Claims Fraud and theft by
deception. Badivuku was also charged with
practicing medicine without a license. It is
alleged that Qureshi generated and submitted
fraudulent medical reports reflecting medical
examinations when, in fact, no examinations
were performed
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-6382-03T56382-03T5
PRINCETON INSURANCE COMPANY,
Plaintiff-Appellant,
v.
SHAMS QURESHI, M.D., SPINE ORTHOPEDIC
AND SPORTS REHABILITATION CENTER
and PAIN CENTER OF NORTH JERSEY
a/k/a PAIN CENTER OF N.J. and THEIR
ASSIGNEE SHERRANCE HENDERSON,
Defendants-Respondents.
_________________________________________________
Argued September 13, 2005 - Decided:
Before Judges Skillman, Axelrad and Payne.
On appeal from Superior Court of New
Jersey, Law Division, Essex County,
L-37621-03.
Thomas M. Walsh argued the cause for
appellant (Parker, McCay & Criscuolo,
attorneys; Mr. Walsh on the brief, Stacy
L. Moore, Jr., of counsel).
Scott A. Parsons argued the cause for
respondents (Parsons, Powell & Lane,
attorneys; Mr. Parsons on the brief).
The opinion of the court was delivered by
PAYNE, J.A.D.
Princeton Insurance Company appeals from an order of summary judgment against it, holding it liable for the entire amount of a judgment of $5,400,000, plus pre- and post-judgment interest, entered on a jury verdict in a medical malpractice action in favor of Sherrance Henderson and against Princeton’s insureds Shams Qureshi, M.D. and his two wholly-owned professional corporations, Spine Orthopedic & Sports Rehabilitation Center and Pain Center of North Jersey a/k/a Pain Center of NJ, jointly, severally and in the alternative. The summary judgment was based upon a finding by the motion judge, Stephen Bernstein, that Princeton had exercised bad faith in refusing to accept Henderson’s offer to settle her claims against the Pain Center for the one million dollar policy limit of Princeton’s coverage of that entity. We affirm, premising our conclusion on Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974).
I.
In 2001, Henderson filed suit against Qureshi, Spine Orthopedic and the Pain Center, as well as others, seeking damages for injuries sustained when Qureshi mistakenly injected a prolotherapy solution containing phenol (a caustic substance), dextrose and lidocane into her spinal cord. As the result, Henderson’s legs became paralyzed, and she experienced significant bowel, bladder and sexual dysfunction. Although Henderson eventually regained the ability to walk, she does so with a pronounced limp resulting from a drop foot, and only with the aid of a leg brace and a cane. Her remaining injuries are permanent. Henderson continues to experience significant pain as the result of the injuries. At the time of the occurrence, Henderson, who was in her early thirties, was employed as Regional Director of Pharmaceutical Affairs by Roxanne Laboratories, Inc., and she was pursuing a masters degree in business administration at Johns Hopkins University. Formerly, she was a beauty queen and athlete. Now, she has been determined by the federal government to be totally disabled, and she has been deemed unemployable. Her economic expert estimated the present value of her economic loss to be $2,698,204 with an additional $1,513,063 in future medical expenses.
At the time of Henderson’s injury, Qureshi, Spine Orthopedic and the Pain Center were insured under a single policy of insurance issued by Princeton to Spine Orthopedic that provided coverage of one million dollars each to Qureshi and his two professional corporations. Following service of Henderson’s complaint, in letters dated April 6, 2001 and February 9, 2002, Princeton offered a defense to each of its insureds, without any reservation of rights. The firm of Francis & O’Farrell was assigned to represent them. John O’Farrell conducted that defense on behalf of the three insureds throughout the underlying litigation.
As discovery progressed, it became apparent to O’Farrell that Henderson’s claim against Qureshi was not defensible. In an undated quarterly report submitted by O’Farrell to Princeton after exhaustive discovery had been completed, O’Farrell expressed the view that Qureshi’s viability as a witness was poor and that the impact of his testimony would be unfavorable, whereas he evaluated the testimony of all of Henderson’s multiple lay and expert witnesses as favorable to her and unfavorable to the doctor. Even the expert retained on Qureshi’s behalf could not unequivocally support the defense position. O’Farrell estimated the chances that Qureshi would prevail at trial at ten percent, and gave an anticipated verdict range of $7,000,000 to $10,000,000. He stated: ”This is a case in which a jury can easily become inflamed against Dr. Qureshi and effectively award punitive damages against him in the form of an inflated compensatory verdict that will be difficult to overturn on appeal.” Settlement was urged.
Relatively early in the litigation, Henderson’s counsel had taken the position that a ”physicians exclusion” rendered coverage to Spine Orthopedic unavailable for purposes of settlement, but that coverage in the amount of one million dollars each existed for Qureshi and the Pain Center. Although Princeton did not reserve its rights against Spine Orthopedic, it in large measure adopted the coverage analysis proposed by Henderson’s attorney.
By letters dated February 10, 2003, one day before the scheduled commencement of trial, Kathleen Gill, a Princeton claims consultant, advised Dr. Qureshi and the Pain Center that it ”would be in your best interest if Princeton Insurance Company could attempt to settle this case,” and she urged each to discuss that possibility with personal counsel. The letters continued:
Your policy limits under PS 9229 09 01 are $1M/$3M. The settlement demand is currently $15M. If there is a verdict in excess of your policy limits you will be responsible for such an excess verdict.
In a letter dated March 3, 2003 to Princeton’s coverage counsel, with copies to defendants’ personal attorney Ethan Sheffet and O’Farrell, Henderson’s counsel demanded the Pain Center’s one-million-dollar policy limit. He then stated:
In the event the policy limit is not tendered, and an excess verdict as to the Pain Center of North Jersey is obtained at trial, this office will seek a bad faith claim against Princeton Insurance Company in accord with Rova Farms Resort, Inc. v. Investors Insurance Co. of America, 65 N.J. 474 (1974) and its progeny. We are herewith placing Princeton Insurance Company on notice that plaintiff, Sherrance Henderson, is demanding the $1,000,000 policy limits of the Pain Center of North Jersey. We are not, however, demanding Dr. Qureshi’s $1,000,000 personal professional liability policy limit.
Defendants’ personal counsel Sheffet responded to Princeton’s coverage counsel on behalf of the Pain Center and Spine Orthopedic, respectively, in letters dated March 11 and 14, 2003. He acknowledged that Qureshi had already consented to settlement, stated that the corporations did so as well and requested that the one million dollars in coverage afforded to each corporation be offered in addition to Dr. Qureshi’s coverage ”so as to achieve a resolution of the matter.”
In the meantime, on March 8, 2003, the trial judge, Jared Honigfeld, had ruled on the basis of admissions by Qureshi in deposition testimony that both the Pain Center and Spine Orthopedic would be held vicariously liable for any judgment against Qureshi. The doctor, claims consultant Gill and Vice-President of Claims Peter Leone were informed of this ruling by O’Farrell.
As the documents forming the record on summary judgment reflect, settlement remained under active consideration by Princeton as the trial progressed. Gill drafted two e-mails to Leone and one memo to the file on March 17. In the first e-mail, Gill reported that summations would conclude that afternoon, and the jury would be charged the next day. She then stated (utilizing commonly employed un-capitalized form):
as of 1:30 pm [Henderson’s counsel] reveals that his client may accept [a co-defendant’s] 1 million policy and she may accept the pain center policy of 1 million as well. however, she will not accept dr qureshie’s [sic] 1 million policy that we have previously tendered. obviously, b[y] offering the pain center’s 1 million policy we protect ourself from bad faith issues.
Gill then stated that 1.5 million was already ”on the table” and asked for Leone’s advice. Leone, in turn, forwarded Gill’s e-mail to Princeton’s Chief Operating Officer, Charles LeFevre, noting that the judge had rendered his opinion on the Pain Center policy and that he ”feels it does apply.” Leone recommended offering one million dollars on behalf of the Pain Center.
In a second e-mail to Leone, written one-half hour later, Gill reported that O’Farrell believed that the verdict would be between three and five million dollars. She stated:
he knows that the jury absolutely hates qureshie due to his blatant lying on cross examination. he knows that judge honigfeld
has already opined that henderson can access both PA policies.
Gill stated that she would ask O’Farrell for a settlement recommendation, which she recorded in her 5:00 p.m. memo as being an offer of one million each for the Pain Center and Qureshi. Gill then stated in the memo that O’Farrell was ”concerned that [defendant’s] assets are in his PA.”
A memo written by Gill on the following day indicated that O’Farrell had informed her that Henderson would not take two million dollars either for Qureshi alone or for all Princeton insureds. At 1:45 p.m., the memo indicates, she authorized O’Farrell to offer one million dollars on behalf of Qureshi, linked to a one-million dollar offer on behalf of both corporations. She indicated that the offer ”forces them to get [defendant] out of harms way. protects PA - avoids bad faith issues.”
The linked two-million-dollar offer was conveyed to Henderson, who rejected it on the record, despite her counsel’s recommendation that it be accepted. During the colloquy regarding the offer, the following exchange occurred:
[PLAINTIFF’S COUNSEL] Just for clarification, Mr. O’Farrell, my understanding is that the - as you know, we’ve demanded the million dollars from the Pain Center. The two-million dollar offer is conditional, in the sense that we would be unable to accept the one-million for the Pain Center only. Is that correct?
MR. O’FARRELL: That is correct.
A jury verdict against Qureshi, and by operation of the court’s order, against the Pain Center and Spine Orthopedic was rendered soon thereafter and reduced to judgment on May 9, 2003. No appeal from that judgment was filed. On the same day, an order was entered releasing defendants from liability to Henderson and assigning their claims against Princeton to her.
Princeton tendered payment of one million dollars to Henderson on behalf of Qureshi and filed the present declaratory judgment on May 6, 2003 to establish the absence of applicable coverage for the Pain Center and Spine Orthopedic. In a counterclaim filed by Henderson, she alleged that Princeton had acted in bad faith in failing to settle the underlying action within policy limits.
Cross-motions for summary judgment were filed in early 2004 that addressed both issues of coverage and Henderson’s bad faith claim. Following oral argument and receipt of post-argument submissions, Judge Bernstein rendered a decision in which he stated:
The Court finds that Princeton Insurance Company knew that the plaintiff in the underlying action would accept the $1 million limit to settle the case. As to the defendant [the Pain Center], Judge Honigfeld had ruled that . . . both the corporate entities were vicariously liable.
And Princeton knew that the value of the case, an unfavorable liability, left this particular insured exposed to a potential excess liability situation that could have been settled within the policy limits. This is exactly the situation that Rova Farms v. Investors Insurance Company at 65 New Jersey 474 addresses.
Princeton chose in this case to assign one counsel to represent all three entities, knowing that there existed a conflict or potential for conflict when dealing with competing demands for three entities for the limited available coverage that was clearly not sufficient to settle the entire case and protect all of the insureds, but could have at least prevented the named corporate defendant from an excess verdict.
What is not addressed in either of the moving papers is the fact that Princeton has a duty to each of its insureds. And if separately represented, they would have been in a position to recommend a course of action that could potentially have protected at least that insured to the extent possible.
The Court finds at least as to the claim of the main corporate defendant [Pain Center] that Princeton is responsible to the full extent of the verdict. As a result, the coverage issue [as to Spine Orthopedics] is moot and the Court finds that they did act in bad faith in at least not resolving the case as to the corporate defendant that could have been settled out of the case.
Summary judgment was therefore granted in Henderson’s favor.
II.
We find the reasoning of Judge Bernstein to have been substantially correct. Our decisions have long held that an insurance company owes to its insured a duty of good faith that applies when, as here, the insurer reserves control of settlement negotiations. See Bowers v. Camden Fire Ins. Assoc., 51 N.J. 62, 71 (1968). In such circumstances,
a decision not to settle must result from weighing, in a fair manner, the probabilities of a favorable or adverse verdict in the trial of a covered damages suit against the insured. . . . [T]he purpose of [liability] insurance is to protect the insured from liability within the limits of the contract. The courts
. . . cannot allow the insurer to frustrate that purpose by a selfish decision as to settlement which exposes the insured to, and which results in, a judgment beyond the specific monetary protection which his premium purchased.
[Ibid.]
See also Rova Farms, supra, 65 N.J. at 492-93. When an adverse verdict is likely to exceed the policy limit, ”the boundaries of good faith become more compressed in favor of the insured, and the carrier can justly serve its interests and those of its insured only by treating the claim as if it alone might be liable for any verdict which might be recovered.” Id. at 493.
Princeton does not dispute these principles as they apply in instances in which the assets of a single insured may be at risk. However, it argues that the principle of fidelity applicable to one insured gives way in a circumstance such as this where individual limits are applicable to multiple insureds under a single policy. In such circumstances, Princeton argues that a balancing of the interests of the insureds must occur, and it implies that when the assets of an individual and his two wholly-owned corporations are at stake, the interests of the corporations may be subordinated to that of the individual insured. However, Princeton supports its argument with inapplicable cases concerning situations in which a single policy limit is applicable to multiple insureds, and settlement of claims against one depletes coverage available to the remainder. See Lehto v. Allstate Ins. Co., 31 Cal. App.4th 60, 36 Cal. Rptr.2d 814 (Ct. App.), review denied, 1 995 Cal. LEXIS 1981, cert. denied, 516 U.S. 820, 116 S. Ct. 80, 133 L. Ed.2d 38 (1995); Strauss v. Farmers Ins. Exchange, 26 Cal. App.4th 1017, 31 Cal. Rptr.2d 811 (Ct. App.), review denied, 1 994 Cal. LEXIS 5175 (1994). Here, a one-million-dollar policy limit was applicable to each insured. Princeton’s arguments thus lack legal support.
In decisions upon which Henderson relies, we have held that when the interests of multiple insureds differ on issues of liability, separate counsel must be appointed to protect and advance those interests. See Wolpaw v. Gen. Acc. Ins. Co., 272 N.J. Super. 41, 45 (App. Div.) (”A liability insurer that insures codefendants whose interests conflict with one another must retain separate and independent counsel for each insured or permit each insured to do so at the insurer’s expense”), certif. denied, 137 N.J. 316 (1994); Yeomans v. Allstate Ins. Co., 130 N.J. Super. 48, 54 (App. Div. 1974); cf. New Jersey Mfrs. Ins. Co. v. Haran, 128 N.J. Super. 265, 270 (App. Div. 1974).
The present case is unusual, in that the interests of Qureshi and his corporations were allied on the issue of liability, each seeking its minimization in exactly the same manner as the result of the operation of principles of vicarious responsibility. However, because of the nature of Henderson’s settlement demand, their interests in settlement may have differed, although we do not perceive a basis upon which Qureshi could have objected to the protection of the Pain Center’s assets through a settlement of claims against it, even if his own liability could not be concurrently compromised. As O’Farrell recognized and expressed in his March 17 call to Gill, Qureshi’s own assets were lodged in the Pain Center, and he had every reason to desire their preservation. Further, Qureshi would have been entitled to a pro tanto reduction in the amount of the judgment against him and Spine Orthopedic as the result of any settlement with Spine Center. De Los Santos v. Saddlehill, Inc., 211 N.J. Super. 253, 263-64 (App. Div. 1986), certif. denied, 107 N.J. 101 (1987). Thus, the sum available to him for payment of a judgment was not depleted.
In any event, it is clear that during the course of settlement negotiations Princeton did not regard itself as having an obligation to settle claims against the Pain Center independent from its obligation to protect Qureshi, nor did it seriously consider whether such a settlement would have benefited Qureshi. As a consequence, Princeton exposed the assets of the Pain Center to attachment in satisfaction of an excess judgment when those assets could have been protected through a settlement within policy limits. As our recitation of the history of settlement negotiations in this matter has disclosed, Princeton was aware at least from the time of Judge Honigfeld’s March 8 ruling that the Pain Center would be vicariously liable for the torts of Qureshi; it was aware that Qureshi had a minimal chance of prevailing at trial; and it was aware that a verdict in excess of available coverage was likely. Nonetheless, despite a demand for the Pain Center’s policy limit, Princeton never offered any amount of money on behalf of that entity that was not tied to settlement of claims against Qureshi. Further, Princeton never offered the face amount of the Pain Center’s coverage on its behalf, but instead offered five hundred thousand dollars each on behalf of the Pain Center and Spine Orthopedic. This fact is conceded by Princeton in its brief on appeal, in which it consistently refers to the one million dollars from the Pain Center and Spine Orthopedic policies as ”the equivalent of” the limit of the Pain Center policy.
At oral argument on appeal, counsel for Princeton sought to suggest that defendants’ personal counsel Sheffet had in his authorization letters required an all-or-nothing settlement. We do not read Sheffet’s correspondence in that fashion. None of the Princeton documents contained in the record reflect its awareness of such a limitation. Moreover, the record contains no indication that either Sheffet or Qureshi was consulted by Princeton regarding Henderson’s offer of a separate settlement of claims against the Pain Center.
It is thus manifest that Princeton acted in bad faith in connection with Henderson’s settlement demand to the Pain Center. We perceive no factual issues requiring remand for a further exploration of the reasonableness Princeton’s conduct in the circumstances of this case.
We note that Princeton does not assert here, as it did in its complaint for declaratory judgment, that coverage for the torts of Qureshi was excluded by the terms of its policy as it applied to the Pain Center. We agree with Judge Bernstein that in this circumstance, whether coverage was likewise available to Spine Orthopedic is irrelevant, since it is Princeton’s conduct in connection with the settlement of claims against the Pain Center that is at issue.
Summary judgment is affirmed.
Throughout his opinion, Judge Bernstein mistakenly referred to Spine Orthopedic and Sports Rehabilitation Center. We have corrected that mistake, finding no material dispute to exist as to the correct corporate defendant.
Contrary to Princeton’s position, we find no support in N.J.S.A. 14A:17-8 for the proposition that Qureshi’s stock in Pain Center could have been seized in satisfaction of judgment if a settlement with Pain Center had been reached, since such a process would have exposed Pain Center’s assets to liability for the debts of Qureshi in a manner prohibited by that statute.
We reject Princeton’s argument that settlement was not warranted when it would have provided a war chest for use by Henderson’s attorney in conducting the litigation. That consideration is irrelevant. Moreover, the litigation was virtually at its end when the settlement negotiations at issue occurred.
(continued)
(continued)
16
A-6382-03T5
APPROVED FOR PUBLICATION
October 6, 2005
APPELLATE DIVISION
October 6, 2005
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
QURESHI, Shams M., M.D.
License #MA046706
1088 Main Avenue
Clifton, NJ 07011-2330
Osmania Medical College, 1977
FLEX Endorsement
INTERIM CONSENT ORDER filed May 2, 2006. This matter was opened to the Board upon the filing of a Verified Administrative Complaint and Order to Show Cause on March 31, 2006. The Order to Show Cause sought the temporary suspension of Dr. Qureshi’s license to practice medicine. The Verified Administrative Complaint alleges violations of the Board’s statutes and regulations based, in part, on Dr. Qureshi’s indictment on December 14, 2005, for among other things, Conspiracy to Commit Health Care Claims Fraud; quality of care concerns regarding his record-keeping; and administration of pain management injections near, around and close to the spine. Dr. Qureshi had not yet filed an Answer to the allegations in the Complaint. The Board ordered limitations on Dr. Qureshi license to practice medicine and surgery in New Jersey, and the monitoring of his medical practice, pending the disposition of the criminal action and further Order of the Board. Dr. Qureshi will not perform, participate in or instruct, either alone or in concert with another physician pain management injections and/or procedures, including, Prolotherapy, Epidural Percutaneous Lysis of Adhesions within the spine, Radiofrequency lesioning procedure of the spine, and IDET procedures. Nothing herein shall be construed to prevent Dr. Qureshi from participating in oral presentations in non-patient treatment settings and he may perform other pain management injections and/or procedures, but only under the monitoring of a qualified, Board-approved Practice Monitor. The Practice Monitor will provide monthly reports to the Medical Director of the Board and will be designated to oversee all billings and insurance claim submission to include review of the appropriateness of all Current Procedural Terminology (CPT) codes billed for any and all medical service provided by Dr. Qureshi. EFFECTIVE DATE: April 19, 2006.
INTERIM ORDER TO VOLUNTARILY CEASE AND DESIST THE PRACTICE OF MEDICINE filed May 11, 2006. Dr. Qureshi entered into an Interim Consent Order which was ratified by the Board on April 19, 2006. The Interim Consent Order provided that Dr. Qureshi’s medical practice will be monitored pending the disposition of the criminal action and further Order of the Board. The monitoring of his medical practice consists of a Board-approved Practice Monitor, Peer Review Expert, and a Billing Monitor. Following his failure to have the monitors in place by May 3, 2006, the Board granted Dr. Qureshi an extension until May 8, 2006. The Board further ruled that upon Dr. Qureshi’s failure to have all three monitors in place and approved by the Board by noon on May 8, 2006 as previously directed by the Board, he was to either voluntarily agree to a Board Order of Cease and Desist from the practice of medicine until such time as all of the Board-approved monitors were in place, or be subject to a hearing before the full Board on the Order to Show Cause on Wednesday, May 10, 2006. The Board ordered that Dr. Qureshi shall Voluntarily Cease and Desist from the practice of medicine and surgery in New Jersey until such time all three monitors as set forth in the April 10, 2006 Interim Consent Order are approved by the Board and in place, or pending the disposition of the Order To Show Cause. EFFECTIVE DATE: May 10, 2006
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 2 2009
bloomingdale, United States
[Member]
United States :
After attending Passaic County court one day, Bishop John (my priest) stopped on the way home in Paterson New Jersey to fill his monk’s pain mediation at the, Shiva pharmacy. It is located in a majority Islamic neighborhood on Main Street in Paterson New Jersey.
Bishop John parked his car in back of of the Shiva pharmacy, facing an apartment building in back of the building/pharmacy. It was the same pharmacy, the North Jersey pain center in Passaic, NJ I used to go to for chronic pain syndrome wrote me only certain medications they said I could only fill at that certain Shiva pharmacy.
I was waiting outside of the pharmacy in the Bishop’s truck that day, and I saw a huge spider web hanging in a huge web outside someone’s apartment window!
I was so scared of spiders, I could not believe from the size, this spider was real. So I got outside the JEEP, taking up a medium sized stone in my hand, and threw it towards and into the huge Iraqi spider. The spider was REAL! It moved to avoid the stone I thew at its’ web. It had a greenish (light greenish) looking beak on its front like a birds beak. That itself was about 3 inches long and about one half an inch thick. The body was at leat 4 niches long! and yellowish/greenish in tint.
It was identical to the one I saw on the Discovery channel that was huge and claimed to be attacking United States serviceman in Iraq. I looked everywhere online and in my spider research book,s but to thisw very day have been never was find the exact speciman.
I reported it to local authorities but they only tried to take me into a mental hospital,
The Shiva pharmacy is the same pharmacy Darko and I went to that had on their walls PRO Al Qaeda posters asking for monetary donations for Osama bin Laden ( they proudly displayed his photos on the posters). Darko nand I took a few for proof against AL Qaeda.
J StarrHuge Iraqi Spiders Are In Paterson NJ (?)
Jill Starr
1 Stars
Jill Starr members.fortunecity... Apr 3 2009
bloomingdale, United States
[Member]
http://search.yahoo.com/search?p=jill+starr+video&ei=UTF-8&fr=moz2
http://sites.google.com/site/jillstarrsite/jill-starr-s-hit-video-nightmare-on-bailey-avenue-bloomingdale-nj-usa
This video was when my upstairs neighbor, Jesse, came down to ti my apartment at the same time the Optonline cable guy walked in to my apartment in Bloomingdale, NJ. At that time there were police cars sitting ready to act across the street at QuickCheck store.
My upstairs neighbor said to te cable man, ”DID YOU PUT TE BARREL IN...(gun perhaps).. I panicked and ran across street to the police officer sitting there...they illagally immediately took my to hospital as previously stated...
April 3, 2009 2:24 PM
lpcyusa said...
I will continue to release who information until the guilty parties step forward (!)
TRY ME!
April 3, 2009 2:43 PM
lpcyusa said...
I might add I have so much evidence there is no manner for those guilty to prevent their guilty verdict and prosecution.
I might add this information is scattered around the world so if anything happens to me it will still come out (!)
My father will take of that .
April 3, 2009 2:48 PM
lpcyusa said...
My father will ensure this.
April 3, 2009 2:48 PM
lpcyusa said...
PAYBACK IS A BITCH WITH MY NAME ON IT TO MY ENEMIES!
April 3, 2009 2:49 PM
