The following is the text of a second complaint in behalf of my business partner and the damages done to date of complaint that I sent to the New Jersey Department of Insurance, against State Farm Indemnity and it's spawn.
It goes almost without saying that absolutely no investigation was done by the New Jersey Department of Insurance. They merely asked the Insurance Company what it had to say. Its people lied through their teeth and that was the end of it. Subsequent intervention by State Senator Byron Baer and by State Assemblywoman Loretta Weinberg had no results, not for lack of trying.
State Farm Indemnity of New Jersey has deliberately and maliciously committed fraud and the government of the State of New Jersey in the persons of Governor Christie Todd Whitman and her pomps have knowingly and deliberately aided and abetted it, if not ordered it to begin with.
The entire State Government of The State of New Jersey is engaged along with State Farm Insurance and I amd sure other insurance companies in Fraud, Extortion, Racketeering and systematically attempted murder.Also see the following:
December 4, 1995 COMPLAINTS AGAINST State Farm Insurance Companies: State Farm Indemnity Company 40 West Century Road Paramus NJ 07652 And Jane Savastano, Sandra Romei, Veronica Wade, Idiana Murray, Dr. Sharad Wagle, Dr. Eric Fremed, individually and as agents, servants and/or employees of State Farm Insurance Companies: State Farm Indemnity Company. By Dr. William C. Hammel 219 Teaneck Road Ridgefield Park NJ 07660 (201) 807-0652 On behalf of Mr. Alan J. Bellamente 219 Teaneck Road Ridgefield Park NJ 07660 Dear Sirs: Whenever "State Farm" is used it will mean "State Farm Isurance Companies: State Farm Indemnity Company, their agents, servants and/or employees." On September 16, 1994, Mr. Bellamente and I were covered by State Farm policy, number X14107-A12-30 covering a 1992 Mercury Grand Marquis, bearing New Jersey registration plates WH AB. We had elected the highest priced P.I.P. coverage possible; our policy was paid up to date. On September 16, 1994, Mr. Bellamente and I were both injured in an accident while in the aforementioned vehicle. As we were turning into our driveway we were struck in the rear. All appropriate filings and reports were made in a timely way. Although we were both injured in this accident, here, it is Mr. Bellamente's injuries and his subsequent ill treatment and the lack of treatment about which I complain. I called the Ridgefield Park Police, and Mr. Bellamente was taken by ambulance to Holy Name Hospital with nausea, disorientation and severe pain in his neck and back. Prior to the accident Mr. Bellamente showed no signs of the symptoms that became apparent after the accident. He intended to see his chiropractor Dr. Peter N. Boulukos as soon as possible, which turned out to be 10 A.M. September 17, 1994, and so declined x-rays at Holy Name Hospital since he knew that Dr. Boulukos would take an entire series. Since no gross fracture or neurological severing was apparent, he was released from the emergency room with a diagnosis of: auto accident, neck and back strain, acute cervical sprain. His blood pressure was 160/70, pulse 92. He was given no medication, and I drove him home. Chiropractic care seemed the only prudent course at the time. Mr. Bellamente continued his chiropractic treatment on a regular basis. On the morning of November 10, 1994, Mr. Bellamente's right foot failed to support him on the stairs and he fell. State Farm claims (many of their claims and assertions have been oral to healthcare providers, not written and not to its insured, namely Mr. Bellamente) that this fall is not accident related, yet Dr. Boulukos' own office notes and several letters, copies of which I have in my possession and are in the possession of our attorney, explain that the flopping or lack of of control of the feet and "tripping" were clearly present as a result of the accident of September 16, 1994 and documented before November 7 1994. Letters and phone calls to State Farm by me, by Mr. Bellamente and by Dr. Boulukos have produced no response. Letters sent to State Farm have consistently been lost or misplaced, or "not received", or simply ignored. Phone calls to "Claims Specialists" produce no return calls. A claim file, or so I am told by the Claims Specialists, apparently takes days to find or retrieve. The person whose name is on any correspondence is always, on another line, not at her desk, not available, at a meeting, not in for the day, or has just left. Repeated attempts at contact simply resulted in surly and/or downright rude responses from various secretaries or assistants. State Farm has simply issued edicts and commands and has been otherwise consistently inaccessible and evasive with any attempt to counter their assertions and denial of benefits. It is clear at this point that this intransigence must be dealt with through some other channel. There are two documents in support of this complaint which are in my possession and are in the possession of our attorney, that I find not only distressing but outrageous. State Farm predicates whatever assertions they happen to be making at the moment on these reports. Not surprisingly, they are the results of the "Independent" Medical Examinations demanded by State Farm. The report of Dr. Wagle, which I have in my possession and is in the possession of our attorney, is based on a single interview that was of 20 to 25 minutes in length, and amazingly comes through errors of fact by leaps and bounds of illogic and non-sequiturs to exactly the conclusion that would be wanted by an insurance company who is conspiring to avoid their contractual agreements. With regard to the psychiatric interview with Dr, Wagle, Mr. Bellamente states: "The reason for my psychological treatment was a great fear of driving. Yet, in order to maintain my benefits from State Farm I took the earliest possible appointment with Dr. Wagle, which was at 9:00 AM, in the middle of a time of great traffic. By the time I arrived at Dr. Wagle's office at the appointment time, I was already a nervous wreck. The stress of driving in rush hour traffic had left me with severe pain in my neck and burning in both shoulder areas. Upon meeting Dr. Wagle, I became severely discomforted by the fact that he was of a kind with whom I am not accustomed to dealing in any way. It was obvious that we had extreme cultural and philosophical differences. "I nevertheless attempted to treat him with dignity, as any well bred American would, despite the fact that my physical symptoms continued to worsen during the interview to the point where I had to excuse myself and put my head between my knees in an attempt to alleviate the pain. I explained what I was doing, to Dr. Wagle, since I do not know what his cultural background implies of someone who deliberately withdraws contact. Only afterwards did it become clear to me that this combination of factors affected my mind and judgement in a such a way that I inadvertently gave several erroneous statements. I could neither think clearly nor remember accurately. Upon returning home, I immediately reported this disastrous interview to Jane Savastano at State Farm. She gave me some weak explanation of how their doctors are selected and suggested that we wait for the results of Dr. Wagle's examination before I became needlessly upset. I was dissatisfied and still upset, so I called Sandra Romei, Savastano's supervisor who greeted me quite unctiously. I told her that I was dissatisfied with the examination and that they should not send fourth generation Americans to Doctors whose cultural and philosophical premises preclude the proper evaluation of even a healthy American psyche, let alone one in difficulty. She arrogantly accused me of being prejudiced and refused to speak further with me on this issue. I assured her that prejudice was not involved, but rather an adult lifelong study of the premises on which various cultures are based. I did not know at that time that I had the legal right not subject myself to further examination once I realized the already biased and improper nature of this supposedly independent examiner." The last paragraph of Dr. Kluger's letter to State Farm regarding the accident of September 16, 1994 and the denial of benefits, which is in my possession and is in the possession of our attorney, states: "This [Dr. Wagle's report] is a very inaccurate report that jumps to conclusions based on wrong information and it appears to me that Dr. Wagle was looking out for his own motivations rather than to see that Mr. Bellamente continue to receive proper psychological care for his accident related symptoms. The patient is still suffering greatly and is currently in jeopardy of having a 'nervous breakdown' due to continued symptoms, both physical and psychological as well a harassment by insurance related issues. Discontinuing treatment is a grave mistake." I am in complete agreement with Dr. Kluger's response and conclusions with regard to the substance of Dr. Wagle's report. Since Dr. Kluger has seen Mr. Bellamente over many hours in a therapeutic context, I suggest that his professional knowledge of Mr. Bellamente's state of mind is considerably better, more accurate and more detailed than Dr. Wagle's. I propose that Dr. Wagle's report is in fact a specious fabrication designed in collusion with State Farm to commit fraud. The report by Dr. Fremed which was based on an examination lasting no longer than 15 minutes, rather interestingly, completely avoids the central issue that is the very conclusion of Dr. Adam's report. Dr. Adams' report, copies of which I have in my possession and are in the possession of our attorney, was based on an exhaustive and meticulous examination that lasted well over 2 hours. Dr. Adams' conclusive diagnosis, after ordering a specially tailored MRI of the cervical spine, to eliminate any doubt, was that there was indeed an impingement of C5-C6 intervertebral disc on Mr. Bellamente's spinal cord which was caused by the accident of September 16, 1994. It is this condition of central impingement that explains the various bodily pains, the foot flopping and parasthesias that Mr. Bellamente had been complaining of long before the fall on the stairs November 10, 1994. The fall was a result of this condition, and subsequently may have caused an exacerbation of the already existing condition of central impingement as well as the cervical radiculopathy evidenced by the electrodiagnostic studies of Dr. Jotkowitz, copies of which I have in my possession and are in the possession of our attorney. Dr. Fremed suggests in his report, copies of which I have in my possession and are in the possession of our attorney, a possible peripheral neuropathy unrelated to the accident. This is precisely what Dr. Adams' further blood and electrodiagnostic work has eliminated. Dr. Fremed states in his report section entitled "Physical Examination", that the results of his various movement tests and pin prick tests were "clearly non-neuroanatomic in nature". Dr. Adams explains that a central impingement (precisely what Dr. Fremed seems bent on denying) can cause results anywhere below that impingement. Dr. Adams also points out that vascular changes caused by the impingement can also cause neurological effects above the point of impingement. On page 2 paragraph 2 of his report, Dr. Fremed states, "I agree with the radiologist that there was degenerative disc disease, most prominent at C5-6, and a mild central canal stenosis. Bulging of the disc material was noted at multiple levels, but no focal disc herniation or nerve root impingement was noted." Yet noted in the MRI report of August 3, 1995, which is in my possession and in the possession of our attorney, is, "At the C5-C6 level, there is a moderately advanced degenerative disc disease with loss of disc height and T-2 signal accompanied by end-plate osteophyte formation which is asymmetric to the left. THIS CAUSES COMPRESSION OF THE ANTERIOR THECAL SAC AND MILD MASS EFFECT ON THE UNDERLYING CORD. However, there is no DEFINITE evidence of abnormal signal within the cord at this level to suggest myelomalacia or other myopathic condition. THERE IS DEGENERATIVE NARROWING OF BOTH NEURAL FORAMINA, MORE PRONOUNCED ON THE LEFT." [Caps. - mine] An examination of Cervical MRI plates shows a compression and torsion of the spinal cord. This was shown to me and explicitly explained by Dr. Rubin. The various reasons that Dr. Fremed gives for saying that "Mr. Bellamente's examination is indicative of intentional embellishment of symptoms." are perfectly well understood otherwise, by accepting the concordant diagnoses of Drs. Adams, Pojedinec and Rubin, which happens to be supported by empirical and quantifiable evidence, copies of which are in my possession and are in the possession of our attorney. What is clear, is that Dr. Fremed's cursory and amateurish examination is rife with farce and folly and cannot, therefore, in any way, be compared with the completely scientific and thoroughly professional examinations of Drs. Adams, Jotkowitz, Pojedinec and Rubin, copies of each of whose comments are in my possession and in the possession of our attorney. What is also clear is that the very cursory nature of Dr. Fremed's examination and his disrespectful report, has done and continues to do physical, emotional, mental and financial damage to Mr. Bellamente but has also certainly, at very least, has ingratiated Dr. Fremed to State Farm. As in the case of Dr. Wagle's report, Dr. Fremed also comes to exactly the conclusion that would be wanted by an insurance company who is conspiring to avoid their contractual agreements. My compliments to Dr. Fremed for being a bit more artful in his dodge of the obvious truth. In Mr. Bellamente's examination by neurosurgeon Dr. Rubin, at which I was present in the capacity of Mr. Bellamente's healthcare surrogate, I asked two questions, the answers to which I am not about to forget. First question: "Can you assess the probability that the diagnosis of central impingement is in fact correct?" Dr. Rubin's answer: "In the 25 years that Dr. Adams and I have worked together, I have never known him to be wrong." Second question: "Given that the diagnosis is correct, what is the prognosis without the surgery?" Dr. Rubin's answer: "Think of Christopher Reeve." My response: "Delay in the surgery will probably worsen the condition." Dr. Rubin's response: "Yes, most probably." Apparently, finally realizing that they had no grounds for their arbitrary decision to deny benefits, they decided to provide some. In a letter from State Farm dated September 21 1995, and signed by Idiana Murray, another "Claim Specialist", another demand was made for an other allegedly independent medical examination, this time with one Dr. Harry Merliss of Hackensack. I decided to make extensive investigation that would be statistically significant (I am a mathematician among other things) of the qualifications and reputation of Dr. Merliss among medical professionals. It seems that every healthcare professional I spoke with had heard of Dr. Merliss. The comments, all beginning with a chuckle, ranged from "a favorite of the insurance companies", through various horror stories, to "old Harry would say you were fine if you had no heartbeat", and "even judges laugh at that one". All responses concerning Dr. Merliss were of the same kind, with not one response contradicting the uniform consensus. On the basis of this consensus, I believe that State Farm, its agents, servants and/or employees knew, or certainly should have known of Dr. Merliss' reputation; and I further believe that he was selected as examiner precisely for his reputation, and that his reputation was based on his actions in the past. The obvious intent of State Farm, its agents, servants and/or employees is then to obtain a medical opinion upon which a continued fraud might be based and continued. Upon receipt of Idiana Murray's letter, I immediately called and wrote State Farm and told them that Dr. Merliss was unacceptable as an examiner. (I maintain phone log documentation.) When I called Idiana Murray on this matter, she was, of course, very busy, and I elected to speak with her assistant. I was told by her rather insolent assistant that, "We decide who is acceptable." My response was, "That may be but it is our legal right to refuse this particular examiner." To which she responded, "I'm not here to argue with you." Then she hung up. This was on October 18, 1995. But for another failed attempt at telephonic communication on October 20, 1995 that was my last phone contact with anyone at State Farm. To date we have not been contacted in any way by State Farm regarding any future examinations. Of course, no bills have been paid, including those from before the date of denial. Payments for medications have had to come out of our own rapidly diminishing resources, the continuing diminishment being caused by arbitrary denial of benefits and malicious fraud by State Farm. Because of the aforementioned severe mental problems, caused by the accident of September 16, 1994 and the continuing harassments and deprivation of treatment, both physical and psychological, Mr. Bellamente had to resign his position as conservator to his elderly aunt Edna M. Clough, to which he was appointed by the Supreme Court of the State of New York, County of Nassau, in 1988 and which paid him substantial annual commissions. Mr. Bellamente and I both work at the same business, a video store which has now become our only source of income thanks to the rather sick games being played by State Farm, its agents, servants and/or employees. We must both work somehow, and decide on the basis of who hurts the least at any given moment. The financial damages caused by State Farm, its agents, servants and/or employees, continue to accumulate. The physical damages worsen, and the stress level caused by having to deal with business, pain, the intolerable behavior of State Farm, its agents, servants and/or employees have themselves become intolerable. I am, therefore, accusing State Farm Insurance Companies: State Farm Indemnity Company, its agents, servants and/or employees, of: 1) Intentional, premeditated and calculated Fraud; 2) Intentional, premeditated and calculated Breech of contract; 3) Reckless and premeditated endangerment of Mr. Bellamente's life, limb and well being; 4) Intentional, premeditated and negligent infliction of irreparable physical damage; 5) Intentional, premeditated and negligent infliction of severe mental distress and mental illness as defined in DSM IV, so as to require treatment and medication by a physician, a psychiatrist, a psychologist; 6) Intentional, premeditated and negligent infliction of considerable financial damage, and; 7) Violations of the Fair Claims Act. ___________________________________ ___________________________________ Dr. William C. Hammel Notary Public DAMAGES TO MR. ALAN J. BELLAMENTE IN COMPLAINT AGAINST STATE FARM INSURANCE COMPANIES: STATE FARM INDEMNITY COMPANY, IT AGENTS, SERVANTS AND/OR EMPLOYEES. Mr. Bellamente suffers continued Impingement of C5-C6 disc on the spinal cord, with worsening pain and parasthesia in both arms down to the hands. He further suffers continued cervical radiculopathy exacerbating and enhancing the above condition. He further suffers worsening parasthesia in in the lower extremities and elsewhere in the neck and torso. Dr. Robert C. Rubin, neurosurgeon in this case has stated that eventual prognosis with this condition is paralysis from the neck down. The delay of the necessary surgery caused by the unwarranted denial of P.I.P. benefits that State Farm, its agents, servants and/or employees have caused by its continuing intentional, premeditated and calculated fraud, has already caused considerable and irreparable physical damage to Mr. Bellamente and will continue to cause even more irreparable physical damage so long as their deliberate fraud is permitted to be perpetrated. Whenever "State Farm" is used it will mean "State Farm Insurance Companies: State Farm Indemnity Company, their agents, servants and/or employees." The radiological and electromyeographic evidence as well as the concordance of three experts Dr. David J. Adams, neurologist, Dr. Robert C. Rubin, neurosurgeon and Dr. John F. Pojedinec, orthopedic surgeon, with over twenty-five years experience in this particular area notwithstanding, State Farm and in Particular Jane Savastano, Sandra Romei, Veronica Wade and Idiana Murray have continued to claim, alternately, that there is nothing wrong with him, that he is faking, or that the damage is not accident related. Evidence that none of this is true, is in their possession, my possession and the possession of our attorney. Mr. Bellamente suffers persisting pain that can only be partially diminished with high doses of prescribed powerful anti-inflammatory medications. Continuation of these medications is known to cause possible damaging effects on both the gastrointestinal tract as well as the liver and kidneys. The continuing impingements on both the cervical nerve and the spinal cord itself requires surgical intervention; every day that this intervention is prohibited and delayed reduces the chance of recovery after surgery, worsens the damage already done, and increases his panic over the dire prognosis. Due to the Post Traumatic Syndrome resulting from the accident of September 16, 1994, which he does indeed suffer, contrary to the confused report of Dr. Wagle, he has sought Psychotherapy and has taken a prescribed anxiolytic (klonopin) as well as a prescribed antidepressant (effexor), the long term uses of which are unknown. That the term of usage is longer and that the dosage is higher is a direct result of the fraud perpetrated and being perpetrated by State Farm. For in addition to the Post Traumatic Syndrome resulting from the aforementioned accident and the extension thereof deliberately caused by State Farm, there is the anxiety, depression and inability to concentrate, erratic behavior and confusion caused by malicious denial of benefits to Mr. Bellamente and the panic caused by the uncertainty of his future physical state. These named agents, servants and/or employees of State Farm have conspired with malicious and intentional negligence to inflict on Mr. Bellamente, through State Farm, not only continuing physical and psychological damage and the growing irreparability of that damage and pain, that leaves Mr. Bellamente in a condition where the simplest necessary activities of life such as washing and cleaning leave him exhausted and with even more pain. Since September 16, 1994 he has lived with a level of mental distress, insomnia and anxiety and panic, indeed mental illness as defined in DSM IV, so severe as to require treatment by a psychologist, psychiatrist and a physician, and severe enough to demand prescribed medication in the form potent antidepressants and anxiolytics. When Mr. Bellamente no longer has the need of the various medications that have been necessitated by the malicious, deliberate, premeditated and calculated fraud, and there are residuals caused by these medications, we will hold State Farm Companies, State Farm Indemnity, its agents, servants and/or employees collectively and individually responsible. It was Dr. Rubin's considered and expert opinion that if the surgery were performed when it was to be scheduled, and that was in the last week of September 1995, that there would be no residual consequences of the existing central and radicular impingements. When the surgery is performed, we will hold State Farm Companies, State Farm Indemnity, its agents, servants and/or employees collectively and individually, wholly responsible for such residual impairments. The combination of the results of the accident of September 16, 1994, physical and mental damage, necessitating medications and denied surgery, together with the additional, physical and mental damage, caused by State Farm, necessitating further medications and further modes of physical and psychological treatment has left Mr. Bellamente unable to maintain occupation or any reasonable quality of life. Mr. Bellamente's mortage is being foreclosed, so he will shortly have no place to live unless he relies on the charity of friends, and a consequent move from the state of New Jersey, which he can ill afford to make, financially, physically or mentally. We demand immediate reinstatement of P.I.P. benefits, according to contract and the Fair Claims Act. We demand compensation, beyond and excluding P.I.P. benefits, for all damages already caused by the unwarranted and fraudulent actions of State Farm, and all consequences thereof, past, present and future, and that State Farm cease any and all perpetration of further fraud and damage immediately. DAMAGES CAUSED BY THE FRAUDULENCE OF STATE FARM: Damages Incurred by any malfeasances due to his state of mind caused by mental, physical, emotional and financial abuses of State Farm $ (unknown) Damages Incurred his Conservatorship $ (unknown) Loss of Conservatorship Earnings $ 7500.00 Loss of Home Equity on Forclosure $ 15000.00 Cost of Relocation $ 6000.00 Professional Services incurred by the fraudulence of State Farm $ 2500.00 Subtotal: $ 31000.00 + We further demand that all future "Independent" Medical Examinations be mutually agreed upon, -1truly-0 independent, and not fraudulent farces, as has been the case hitherto, with the examinations by Dr.Wagle and Dr. Fremed. OUT OF POCKET EXPENSES RELATED TO THE ACCIDENT: Upgrade Car rental during repair of Grand Marquis necessitated by Post Traumatic driving anxiety which precluded use of a compact car $ 393.90 Prescribed Medications $ 1224.68 Subtotal: $ 1618.58 UNPAID MEDICAL BILLS: Teaneck Radiology Center $ 4554.95 Dr. Peter N. Boulukos $ 5970.00 Dr. Seymour E. Strum $ 950.00 Dr. Peter H. Schmaus $ 170.00 Dr. Albert Stabile $ 240.00 Dr. David J. Adams $ 350.00* Dr. Seymore Jotkowitz $ 250.00* Dr. John F. Pojedinec $ 250.00* Dr. Robert C. Rubin $ 147.00 Dr. Gary Alweiss (Willner) $ 285.00 Dr. Paul S. Sender $ 275.00* Dr. Martin A. Kluger $ 3315.00* Subtotal: $ 16756.95 TOTAL: $ 49375.53 + * Not Immediately available, and estimated We are demanding that these out of pocket expenses and outstanding bills be paid according to contract -1together-0 with the interest that is due according to law. We further demand compensation for the damages, past, present and future, done to Mr. Bellamente by the intentional, negligent, and malicious fraud perpetrated by State Farm, and any and all consequences thereof, past, present and future. ___________________________________ ___________________________________ Dr. William C. Hammel Notary Public
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