Exhibit C of the RICO Complaint:
Hammel v. State Farm
which will be followed in the
This is a complaint sent to The North Carolina Insurance Department.
Dr. WILLIAM C. HAMMEL
Robbinsville, North Carolina 28771
(704) 479-1547 FAX
May 29, 1996
Mr. James E. Long
Commissioner of Insurance
430 North Salisbury Street
PO Box 26387
Raleigh, NC 27611
Dear Mr. James,
This is a complaint, on behalf of Alan J. Bellamente and
myself, against State Farm Insurance, particularly naming
Mr. Jim [sic] Zitney,
Claims Service Office
19 Westgate Plaza
386 Westgate Road
Franklin NC, 28734
The complaint is one of conspiracy to commit fraud, and collusion
in commission and deliberate perpetuation of fraud.
My business partner Alan J. Bellamente and I, in our 1992
Mercury Grand Marquis, were turning into our driveway on
09/16/96, in Ridgefield Park, New Jersey, when we were struck in
the rear by another vehicle. Mr. Bellamente was taken to the
hospital immediately, my injuries showed themselves hours after.
We were both covered by no-threshold personal injury
protection, the most expensive type of protection permitted by
New Jersey's "no fault" law, under policy number X17410730 001,
issued by State Farm Indemnity of New Jersey. We received
appropriate and prudent treatment, paid for by State Farm
Indemnity of New Jersey, until September 20, 1995, when P.I.P.
benefits were wrongly terminated.
We both worked as best we could, relieved on a few occasions
by friends; being self-employed there was not much choice.
Various problems arose from the accident injuries: time
spent away from business, having to close it on some days, due to
treatment requirements, inability to work, etc. The accumulation
of sequelae from the accident became overwhelming. We finally
arranged with friends to cover for us while we both got away for
a week for some badly needed physical and mental rest. For this
rest period, I chose the Southern Mountain Region of North
Carolina. On return from North Carolina, Mr. Bellamente was, on
the instruction of his primary surgeon Dr. Rubin, to schedule
surgery within two weeks, and immediately begin the appropriate
preparations for surgery.
Quite a while before leaving for North Carolina, it had been
ascertained using extensive radiological and EMG studies, by
three preeminent physicians in Bergen County, New Jersey; Dr.
Adams, a neurologist, Dr. Pojedinec, an orthopedic surgeon, and
Dr. Rubin, a neurosurgeon that surgery was definitely indicated,
that there was at least one, possibly three cervical disc
herniations, causing impingement on the spinal cord itself, as
well as foraminal encroachments; and furthermore, that their
prognosis without the surgery would probably be paralysis from
the neck down.
It had also been ascertained, by radiological studies, that
I had suffered various lumbar dislocations not present before the
accident, which are difficult to stabilize; a damaged shoulder,
and damaged cervical area.
Mr. Bellamente and I both functioned, as necessity dictates,
in continuous pain, and severe distress. We both remain in
continuous pain, and in severe distress to this moment. We both
function still to the best of our very limited abilities, as
necessity dictates, in continuous pain and severe distress.
The trip to North Carolina was at least psychologically
beneficial. Both Mr. Bellamente I, quite literally, fell in love
with the mountains, and with the people.
On returning to New Jersey, we discovered that State Farm
Indemnity had terminated all benefits, and that Mr. Bellamente's
surgery would not, therefore, take place. My treatment and
further diagnosis was prevented.
Both Mr. Bellamente and I, being unable to work, unable to
maintain concentration, suffering frequent memory loss, and in
constant physical and mental distress, as direct consequence of
the accident of September 16, 1994 and also as a direct
consequence of the fraud being perpetrated on us by State Farm
Indemnity of New Jersey, decided we had to extricate ourselves
from the conditions that were literally killing us both, no
matter what. (Among other things, on 11/06/95 it was discovered
by EKG that I had suffered a complete left bundle branch heart
block as a consequence of the continuing and escalating stress
caused by the fraud of State Farm Indemnity of New Jersey.) The
place that Mr. Bellamente and I fled to was, of course, the
Southern Mountain Region of North Carolina.
Since escaping from New Jersey to North Carolina, My
Business valued at $90,000.00 has been essentially stolen and
destroyed, and an undefendable antique Mercedes Benz vandalized;
and other personal property lost to me. Mr. Bellamente's house
is currently being sold at a sheriff's auction, and the physical,
emotional, psychological, and financial destruction caused by
State Farm Indemnity of New Jersey continues.
The record of the sequence of events up to December 4, 1995
is contained in the accompanying complaints that I submitted on
that date to the New Jersey Department of Insurance, wherein I
have presented facts and arguments substantiating claims of
various illegalities, the most serious of which is intentional,
premeditated and calculated fraud. against State Farm Indemnity
of New Jersey, and against named agents, servants and employees.
The original single claim number, 30-3204-312, has now been
split into two claim numbers, and are now 30-3204-312-AB and
The investigatory arm of the New Jersey Department of
Insurance is the New Jersey Commission for Insurance Protection
Case numbers: 95-78255 (Alan J. Bellamente)
95-78257 (William C. Hammel)
Investigator: Mr. Robert Only
Telephone: (609) 292-5316
(609) 292-5865 FAX
The investigation by the Department of Insurance of New Jersey is
State Farm Indemnity has, on information and belief, sent
all claim documents to the State Farm office at Franklin. This
was not done at my request, nor at Mr. Bellamente's request. Why
this was done we do not know.
State Farm in North Carolina, through its agent, servant
and/or employee Jim [sic] Zitney, has already been abusive to Mr.
Bellamente, and has told him that "we will not do anything
without instructions from Paramus."(New Jersey).
On information and belief, State Farm Indemnity is a
separate entity, established in the State of New Jersey, by
special provision of the New Jersey Insurance Commission, when
State Farm threatened to cease writing automobile policies in New
Jersey, claiming their costs of writing such policies was
detrimental to State Farm as a whole. Further, on information
and belief, State Farm Indemnity is licensed only in the State of
New Jersey, and distinct from the entity, State Farm Insurance,
in North Carolina. In short, State Farm in North Carolina is in
collusion with State Farm Indemnity of New Jersey in the
perpetration of fraud, and is conspiring to perpetuate this
I am requesting an investigation of this matter, and relief
and compensation to Mr. Bellamente, and to me for the additional,
continued and exacerbated damages and injuries that are being
caused by this conspiracy and collusion by State Farm Insurance
in North Carolina with State Farm Indemnity of New Jersey to
commit fraud, as well as conspiracy in the other illegalities
listed in the complaints to the Department of Insurance of the
State of New Jersey.
I am sending a copy of this letter to the investigator, Mr.
Robert Only in New Jersey.
As far as I know, Mr. Zitney is in possession of a copy of
the entire file from State Farm Indemnity of New Jersey. If
there are any documents whose existence is clear but that you
cannot obtain, should I have them, copies are at your disposal.
I have copies of all medical and radiological reports.
Dr. William C. Hammel
Two Complaints to
The Department of Insurance of New Jersey;
Copies of two Letters of Mr. Zitney;
Copies of letters of denial of benefits sent
by Mr. Zitney (originally from State Farm Indemnity).
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Uncivilization and its Discontents
Email me, Bill Hammel at
bhammel AT graham DOT main DOT nc DOT us
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Created: February 4, 2000
Last Updated: May 28, 2000