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Topic: IT'S TIME FOR A NEW SHERIFF! Taxpayers get the bill!
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untanglingwebs
El Supremo

Jamie Curtis and 2 others shared Frank Manley's post.
Frank Manley


I have always believed in personal integrity and the idea of helping others. I have followed the mantra of my namesake Frank J. Manley Sr. , that it is more important to help my community and those truly in need then to be part of any particular "popular" group of people which may bestow personal gain upon me. Many times in my profession, it means representing unpopular people or causes. Sometimes politically it means standing up and being counted against the entrenched special interests. It means not just going along because it is a much easier path.
I share these views because of the contentious Genesee County Sheriff's election. I have known Sheriff Pickell for many years. In fact, before he was sheriff, I employed him as an investigator on a number of cases. I have supported him for sheriff in past elections. My over 30 years of legal experience in this county and my knowledge of the sheriff and the sheriffs department makes me uniquely qualified to render an educated opinion.
It is time for him to leave. The things that he has engaged in, or allowed, are such that he should not be considered for re-election. The lawsuits, the lapses in judgment, the vicious personal attacks, all speak to someone who believes that the office is his, not held in trust for the people. I have personally told Bob that he should retire. He has turned into someone far more angry, malicious, and dangerous then we can trust with all the power of this department.
Therefore, as someone , who has never been accused, until recently, of being shadowy, I stand up personally and endorse Chief Dan Allen for Sheriff. Change must come.
I ask that you share my message far and wide. This election is that close and that important.

Sincerely,
Frank 🍀
Post Sun Jul 31, 2016 5:44 pm 
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untanglingwebs
El Supremo

Attorneys wanted criminal charges over Facebook posts during sheriff's race

Oona Goodin-Smith | ogoodins@mlive.com By Oona Goodin-Smith | ogoodins@mlive.com

on February 28, 2017 at 6:30 AM, updated February 28, 2017 at 6:32 AM

FLINT, MI -- One of the ugliest political races in recent Genesee County history has taken another twist with revelations that three outspoken critics of Genesee County Sheriff Robert Pickell sought criminal charges for Facebook accounts they claim made defamatory accusations against them.

Local attorneys Frank Manley, Glen Lenhoff and Scott Bigger filed a criminal complaint in July 2016 stating the accounts were "posting threats against ... character, professionalism and intimidation," according to a Flint Police Department police report obtained by MLive-The Flint Journal.

Manley, Lenhoff and Bigger were involved the New Sheriff in Town Super PAC, which was dedicated to defeating Pickell in the 2016 sheriff election.



The race for the Genesee County Sheriff's Office is turning presidential – at least in terms of the amount of money being used to try and secure the seat.

In August, search warrants authored by Genesee County Prosecutor David Leyton's office were sworn out for information on three Facebook profiles -- William Sikes, Matt Lofton and Charley Bates -- as part of the investigation into the complaint, according to the police report.

Pickell said he had no part in creating the Facebook accounts in question.


"I am not Charley Bates," said Pickell. "I didn't create posts, maintain posts or had any part in planning any of this."

The public profile pages in question shared posts from Pickell's Facebook page, as well as statuses opposing Pickell's 2016 primary challenger, Dan Allen.

Posts on the accounts also contained sexual innuendos that threatened the attorneys, according to the police report.

Warrants were served on Facebook to obtain the IP addresses associated with the profiles, according to the report. After obtaining information from Facebook, the report claims additional warrants were served on three internet service providers to identify who the most-frequently used IP addresses were registered to.

The IP addresses from the accounts showed the profiles could be tracked back to the listed address of Scott Hope, executive director of Genesee County's process servers; Hope's company, Allen & Hope Processing; and the home of an Allen & Hope contractor, Chris Lackney.

The earliest public post on Bates' profile dates back to June 15, 2016, while Lofton's appears to have been created around July 5, 2016.

As of Monday, Feb. 27, the Lofton and Bates' accounts remain accessible on Facebook, while Sikes' appears to have been removed.

The last posts on the the Bates and Lofton accounts were Aug. 1 and 2, respectively. The initial search warrant was sworn out Aug. 1.

Despite the police investigation, Hope said he had no part in the accounts other than admiring them from afar as "political satire."

He told MLive-The Flint Journal that his IP address was only connected to the accounts because he "liked" posts from the profiles.

"I don't know if you know how Facebook works, but when you share something or like something [from your personal profile] on an account, your IP address can also be tracked back to that account," Hope told MLive-The Flint Journal.

Hope said he discovered Bates' and Lofton's accounts while reading the comments of another "satire" Facebook profile and began liking posts from the accounts in question because he found them funny.

"I am not these people, I don't have their passwords, I don't know anything about this," he said.

Lackney could not be reached by MLive-The Flint Journal for comment.

Pickell and Hope have a longstanding relationship with the sheriff recently turning to Hope to handle some civil matters for his department.

In December 2016, Pickell wrote a letter stating that "effective January 1, 2017, the Office of Genesee County Sheriff will exclusively use the firm of Allen, Hope & Associates to serve orders for seizure, evictions, claims and delivery, and foreclosures."

Hope and Pickell are also both currently named in a federal racketeering lawsuit that alleges Pickell, Hope and Allen & Hope worked as a "loosely knit business enterprise" designed to "financially enrich" the three and to keep Pickell in office and attack his opponents.

Manley, Lenhoff and Bigger are not involved in the racketeering suit. However, Manley said he believes these types of actions need to be made public.

"This is the kind of behavior that the public needs to know about," said Manley. "This behavior is criminal. The more light that it shines on this case, the more chance proper legal action will be taken."

Sheriff says he's 'never seen the money' alleged in federal racketeering lawsuit

Sheriff says he's 'never seen the money' alleged in federal racketeering lawsuit

Genesee County Sheriff Robert Pickell says he "has never seen the money" that a federal racketeering lawsuit claims he charged court process servers.

However, Pickell denies any wrongdoing and said he has faith in Hope's work with the county.

"I trust Scott Hope -- he's trained these process servers for 18 years," said Pickell. "I have confidence in him, that's why. There is no RICO, that's a phony allegation. That's a fake allegation. That's a lawyer trying to make money. This is the third time he's sued me."

Both Pickell and Hope suggested that the warrants "tell the full story."

The public, however, is barred from seeing those warrants.

Genesee County Prosecutor David Leyton said the warrants were sealed on Sept. 7 by Judge Nathaniel Perry "to protect privacy."

After evaluating the criminal complaint, Leyton said he believes the case is "civil rather [than a] criminal case."

No criminal charges have been filed in connection to the investigation.

"It is the general policy of my office to focus on violent crime, drugs and to protect children and the elderly," Leyton said. "We do not have the manpower nor do we prioritize offensive social media postings as warranting criminal charges. That is best left to the civil arena and not to the taxpayers."
Post Tue Feb 28, 2017 2:07 pm 
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untanglingwebs
El Supremo

Today the county commissioners discussed settlement strategies for 5 lawsuits and at least 3 were related to the Sheriff department, and all in Federal District Court

Michael Donahue vs Lt. Lee and Genesee County USDC 16-11446

Carlton McIntosh vs Deputies Winston, Vanloon, Desisto and Genesee County USDC 16-11248

Wm. Trier vs Sheriff Pickell, et al USDC 17-10236


Another case is Lucille Torpay vs Mark Harrison and Genesee County 15-104952

Also the Gleason vs Genesee County (16-107182) may be getting resolved.
Post Mon Mar 13, 2017 1:42 pm 
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untanglingwebs
El Supremo

.
Mark Harrison
is the new
jail population monitor and
prebail interviewer as-
signed to the Court Services
Division. Mark attended
the University of Michigan-Flint and received a
bachelor’s degree in criminal justice. In addition, he at-
tended the Flint Police
Academy and the Oakland
County K9 Academy.
Mark spent thirteen years
with the Genesee County
Sheriff Department as a
correctional officer. In his
current role, he primarily
conducts prebail interviews
to provide information on a
defendant’s family ties,
employment, education,
length of residence and oth-
er related matters. This
background information is
provided to a district judge
to assist with release and
bail decisions.
Post Mon Mar 13, 2017 3:10 pm 
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untanglingwebs
El Supremo

Man claims lack of jail medical treatment left him with colostomy bag


By Dominic Adams | dadams5@mlive.com

on March 24, 2017 at 7:00 AM, updated March 24, 2017 at 7:08 AM

FLINT, MI -- A Flint man says his appendix burst, he had to have a piece of his colon removed and now must use a colostomy bag after he was refused medical care while inside the Genesee County Jail. 
Raheen Dudley filed a federal lawsuit against the Genesee County Jail, Dr. Dennis Lloyd, Mona Cross, Corizon Correctional Healthcare and Prison Health Services, Inc., alleging gross negligence and violations of Dudley's civil rights. 
The case was filed on behalf of Dudley by the law firm of Geoffrey Fieger. A representative of the firm could not be reached for comment.

The lawsuit claims his medical problems occurred after being jailed in 2016.
On Sept. 14, Dudley submitted a request for health services at the Genesee County Jail to see a doctor regarding severe pain in his lower stomach, according to the lawsuit filed March 13 in Detroit U.S. District Court. The lawsuit claims the request went unanswered.
Dudley submitted a second request on Sept. 16 because of extreme stomach pains, vomiting, headaches and inability to eat or sleep, the lawsuit said.
He was seen by Nurse Mona Cross the same day and it was documented he had a fever of 100 degrees, but Dr. Dennis Lloyd refused to treat Dudley and Cross refused to send Dudley for emergency treatment, according to the lawsuit.
The next day, Sept. 17,  Dudley sent another request for health treatment and complained of shortness of breath, terrible pain in his lower stomach, vomiting for three days, severe headaches, difficulty walking and sleeping.
He also asked to go to the hospital because it felt like a "life or death situation," the lawsuit alleges.
Five days after Dudley began complaining, on Sept. 19, he was seen by Dr. Lloyd and was given Tylenol and a urinalysis was performed, the lawsuit alleges. Lloyd diagnosed Dudley with possible appendicitis and it was recommended he be sent to the emergency room for evaluation.
On Sept. 20, six days after his initial complaint, Dudley had surgery, according to the lawsuit.
"Despite filling out repeat requests for medical treatment, he was not seen," the lawsuit claims. "His symptoms progressed and he still was not seen by a physician. Ultimately, his appendix burst and he had to undergo bowel resection. A piece of his colon had to be removed and he has to wear a colostomy bag."
The lawsuit claims Lloyd and Cross were working for Corizon Healthcare and could not be reached for comment. Corizon Correctional Healthcare is headquartered in Tennessee and has 301 facilities in 22 states.
"Though we cannot comment specifically on any of our patients' medical histories or when there is active litigation, it is important to emphasize the existence of a lawsuit is not necessarily indicative of quality of care or any wrongdoing," Corizon Spokeswoman Martha Harbin said in a statement. "Our doctors and nurses work every day in extremely difficult settings to provide the best possible medical care for our patients."

Dudley was in the Genesee County Jail awaiting trial on charges of armed robbery, one count of assault with intent to rob while armed and felony firearm for a string of robberies that took place at the Hometown Inn in Flint Township in 2013.
Dudley was eventually found guilty and is currently serving a 15-year sentence at Bellamy Creek Correctional Facility in Ionia.
MLive-The Flint Journal could not reach Genesee County Robert Pickell for comment.
Post Fri Mar 24, 2017 11:21 am 
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untanglingwebs
El Supremo

County settles lawsuit threat over alleged Facebook retaliation by sheriff

Oona Goodin-Smith | ogoodins@mlive.com By Oona Goodin-Smith | ogoodins@mlive.com

on March 24, 2017 at 7:30 AM, updated March 24, 2017 at 7:34 AM

FLINT, MI - Genesee County has agreed to pay an undisclosed amount of money to settle a lawsuit threat regarding alleged "malicious" Facebook posts about the sex life of a public dissenter of Sheriff Robert J. Pickell.

A potential lawsuit complaint - obtained from the county by MLive-The Flint Journal through the Freedom of Information Act - claims local lawyer Glen Lenhoff was "viciously defamed" on Facebook via "fictitious accounts" as retaliation after he spoke out against Pickell during a 2014 sexual misconduct case involving the sheriff's department.

The potential complaint named the county and Pickell as defendants, as well as Scott Hope, executive director of Genesee County's process servers; Hope's company, Allen & Hope Processing; Hope's wife and employee, Charissa Hope; Allen & Hope contractor Chris Lackney; and five anonymous "John Doe" defendants.

Hope and Pickell are also both currently named in a federal racketeering lawsuit that alleges Pickell, Hope and Allen & Hope worked as a "loosely knit business enterprise" designed to "financially enrich" the three and to keep Pickell in office and attack his opponents.
t

Genesee County Sheriff Robert Pickell says he "has never seen the money" that a federal racketeering lawsuit claims he charged court process servers.

The 10-page potential lawsuit complaint alleges that Lackney, Scott Hope and his company - acting "as representatives or agents" of Pickell - created and posted to Facebook accounts "under fictitious names" in attempts to "attack, defame, libel, malign and retaliate" against Lenhoff.

"The only comment I'll make is on the advice of my attorney - we agreed to settle it because of saving cost, legal fees, and the cost to the county," Pickell said. "The money that was agreed on was far less than it would've cost to take this to court."

In February, the Genesee County Board of Commissioners went into two closed session meetings, emerging to vote to "follow the legal request and recommendation of the sheriff."

Pickell declined to confirm or deny whether the vote was related to the lawsuit threat.


Genesee County Commissioners voted again Monday to follow the recommendations of the sheriff in his department's legal issues.

According to Lenhoff's lawyer, E. Michael Morris, the parties involved "settled [the threatened lawsuit] by mutual agreement and the terms are confidential."

A Freedom of Information Act request by MLive-The Flint Journal for any lawsuit settlements, payments made by the county to settle allegations or prevent a lawsuit over allegations filed against the sheriff involving Lenhoff was denied by the county on the basis that no such records exist at this time.

The county's FOIA denial, however, said that it "is likely there will be settlement documents available as well as payment documentation" within the next 10 days.

The settled threatened lawsuit complaint claimed the retaliation stemmed from Lenhoff's comments to the media critical of the Sheriff's Department regarding a 2014 sexual misconduct case involving former Lt. Michael Chatterson, which resulted in a $500,000 county settlement.

Lenhoff represented several of the female plaintiffs in the case and previously told MLive-The Flint Journal that he thought the sheriff should pay the settlement personally or resign from office.



The settlement comes after the four female deputies claimed they were the victims of repeated sexual misconduct by former Lt. Michael Chatterson, who is currently facing criminal charges over the allegations.

A Flint Police Department report obtained by MLive-The Flint Journal showed that three local lawyers - including Lenhoff - filed a criminal complaint against the sheriff in July 2016 stating three allegedly fictitious Facebook accounts were "posting threats against ... character, professionalism and intimidation."

The attorneys - Frank J. Manley, Lenhoff and Scott Bigger - were involved the New Sheriff in Town Super PAC, which was dedicated to defeating Pickell in the 2016 sheriff election.


The race for the Genesee County Sheriff's Office is turning presidential – at least in terms of the amount of money being used to try and secure the seat.

In August 2016, search warrants authored by Genesee County Prosecutor David Leyton's office were sworn out for information on three Facebook profiles -- William Sikes, Matt Lofton and Charley Bates -- as part of the investigation into the complaint, according to the police report.

Inactive for nearly eight months, on Monday, March 20, the Lofton and Bates accounts posted the following nearly-identical statuses -- 15 minutes apart:

As of Thursday, March 23, the Lofton and Bates accounts remain accessible on Facebook, while Sikes' appears to have been removed.

While Pickell declined to comment further on the threatened lawsuit or its allegations, he previously said he had no part in creating the Facebook accounts in question.

"I am not Charley Bates," said Pickell. "I didn't create posts, maintain posts or had any part in planning any of this."

The public profile pages in question shared posts from Pickell's Facebook page, as well as statuses opposing Pickell's 2016 primary challenger, Dan Allen.

Posts on the accounts also contained sexual innuendos that threatened the attorneys, according to the police report.

Warrants were served on Facebook to obtain the IP addresses associated with the profiles, according to the police report. After obtaining information from Facebook, the report claims additional warrants were served on three internet service providers to identify who the most-frequently used IP addresses were registered to.

The IP addresses from the accounts showed the profiles could be tracked back to the listed home addresses of Scott Hope and Lackney, Allen & Hope Processing.

Neither Scott Hope, Charissa Hope, nor Lackney could be reached for comment on the threatened lawsuit.


One of the ugliest political races in recent Genesee County history has taken another twist with revelations that three outspoken critics of Genesee County Sheriff Robert Pickell sought criminal charges for Facebook accounts they claim made defamatory accusations against them.

However, Scott Hope previously told MLive-The Flint Journal that despite the police investigation, he had no part in the accounts other than admiring them from afar as "political satire."

He told MLive-The Flint Journal that his IP address was only connected to the accounts because he "liked" posts from the profiles.

"I don't know if you know how Facebook works, but when you share something or like something [from your personal profile] on an account, your IP address can also be tracked back to that account," Hope told MLive-The Flint Journal.

Hope said he discovered Bates' and Lofton's accounts while reading the comments of another "satire" Facebook profile and began liking posts from the accounts in question because he found them funny.

However, according to Aaron Mackey, a legal fellow at the Electronic Frontier Foundation, a scenario in which the most active IP addresses for a Facebook account are tracked back to multiple addresses of one person for "liking" or "sharing" a post is plausible but "highly unlikely."

"For that story to be true, there would have to be an open internet network in these multiple locations in which someone else was exclusively using that internet to access the account," said Mackey.

Pickell and Hope have a longstanding relationship, and the sheriff recently turned to Hope to handle some civil matters for his department.

In December 2016, Pickell wrote a letter stating that "effective January 1, 2017, the Office of Genesee County Sheriff will exclusively use the firm of Allen, Hope & Associates to serve orders for seizure, evictions, claims and delivery, and foreclosures."

Pickell denied any wrongdoing and said he has faith in Hope's work with the county.

"I trust Scott Hope -- he's trained these process servers for 18 years," said Pickell. "I have confidence in him, that's why. There is no RICO, that's a phony allegation. That's a fake allegation. [Scott Batey, the lawyer who filed the RICO suit] is a lawyer trying to make money. This is the third time he's sued me."

After evaluating the criminal complaint, Genesee County Prosecutor David Leyton said he believes the case is "civil rather [than a] criminal case."

No criminal charges have been filed in connection to the investigation.

"It is the general policy of my office to focus on violent crime, drugs and to protect children and the elderly," Leyton said. "We do not have the manpower nor do we prioritize offensive social media postings as warranting criminal charges. That is best left to the civil arena and not to the taxpayers."
Post Fri Mar 24, 2017 5:23 pm 
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untanglingwebs
El Supremo

Insurer challenges paying $36.6 million Genesee County jail beating verdict


See video from $36.6M Genesee County Jail excessive force lawsuit
Print Email Dominic Adams | dadams5@mlive.com By Dominic Adams | dadams5@mlive.com

on April 04, 2017 at 1:34 PM, updated April 04, 2017 at 1:38 PM

FLINT, MI -- An insurance company representing Genesee County said in a federal lawsuit that it should not have to help the county pay a $36.6 million trial verdict from a jail beating lawsuit.

Ironshore Specialty Insurance Company filed the lawsuit last month in Detroit U.S. District Court alleging it's not responsible for covering damages against Genesee County after jurors found five jail deputies used excessive force against inmate William Jennings.

The company was the excessive liability insurer for Genesee County at the time Jennings was beaten inside the Genesee County Jail following an arrest for suspected drunken driving on Sept. 18, 2010.

It's asking a federal judge to rule that it has no duty to cover the damages or defend the county in the Jennings case, which was filed in August 2013.


A video released in an excessive force lawsuit shows the actions taken by Genesee County Jail guards that led to a man receiving a $36.6 million verdict.

Jennings suffered a trauma-induced cataract in one eye, a torn rotator cuff, broken facial bones, nerve damage in one of his hands and a chipped tooth as a result of the beating.

Genesee County Board of Commissioners went into executive session on Monday, April 3, to discuss the lawsuit brought by Ironshore, according to Commissioner Bryant Nolden.

"We're just now getting the information," Nolden said. "That's what we were in closed session for, so I really can't discuss that."

Nolden forwarded further questions to the county's corporation counsel. Genesee County Prosecutor David Leyton, who serves as corporation counsel, directed questions to attorney Edward Davison, who was hired to represent the county in the case.

Davison said his response to the lawsuit should be filed by the end of the week.

"They don't feel like they should pay," Davison said of Ironshore. "The county, the deputies and I think they should. It's a relative fairly common way of dealing with things with insurance companies."

The lawsuit filed by Ironshore claims the company carried a liability insurance policy for the county that was to cover claims in excess of the county's underlying liability insurance with another company, Everest National Insurance Company.

Genesee County is self-insured to an extent, according to attorney Edward Davison, adding that it was basically like a deductible one would pay on homeowners or auto insurance.

The next layer is the primary liability insurance policy Genesee County has through Everest National Insurance Company, Davison said.

If that policy is extinguished, Davison said, Genesee County is covered by the Ironshore Specialty Insurance policy.

Davison refused to say how much coverage is included at each level.

"I prefer not to divulge that," he said. "That's something that my client likes to keep close to the vest."

County officials refused to release the specific figures and told MLive-The Flint Journal to file a Freedom of Information Act request to get the information. A FOIA request was submitted to the county Tuesday, April 4.

A term of Ironshore's policy required the company be notified in writing "as soon as practical" of a lawsuit that would be likely to involve its policy, according to its lawsuit.

However, Ironshore contends county officials failed to satisfy this condition by waiting to notify it of the case until after jurors reached their verdict on Nov. 3, 2016 -- more than three years after Jennings' lawsuit was initially filed.

Ironshore's lawsuit claims the county and its attorneys should have known the case was likely to involve the excess coverage policy when Jennings' case was filed in 2013 and it alleged nerve injuries, serious burns and severe damage.

Any doubt that the Ironshore policy would be involved should have been removed in July 2015, Ironshore claims, when the trial judge in the Jennings case denied the county's argument it was immune from the lawsuit.

Since notifying Ironshore of the verdict, the lawsuit claims the county and its lawyers have failed to turn over records Ironshore has sought in relation to the Jennings case.

Ironshore also argues it is not responsible for covering the claim because jurors found the jail deputies' actions were "willful, wanton or oppressive" and the county had punitive damages awarded against it.

There were multiple instances of intentional wrongdoing by the deputies, which also excludes Genesee County from coverage, Ironshore argues.

Jennings' lawsuit alleged the jail deputies threw Jennings to the floor, slammed his head against a metal bench, kicked and punched him while he was on the ground, sprayed pepper spray into his mouth and face at close range and placed him in a restraint chair with a hood over his face for several minutes.

Jennings was also strapped down to a restraint bed face down in a cell for more than two hours. The lawsuit claimed the alleged attack was unprovoked and began as Jennings was being searched.

After more than a two-week trial and nearly two days of deliberations, an eight-member jury concluded the deputies used excessive force against Jennings and awarded him past damages of $10.42 million and future damages of $7.21 million, according to a news release from the court.

Jurors reached the verdict against deputies Patrick Fuller, David Kenamer, Mark Wing, Jason White and Lt. Robert Nuckolls.

The jury also awarded punitive damages to Jennings from each defendant as follows:

Fuller -- $5 million.
Kenamer -- $4 million.
Wing -- $3 million.
White -- $2 million.
Nuckolls -- $5 million.
Attorneys representing the five guards have appealed the decision and in multiple motions filed in December with the Detroit U.S. District Court say the two-week jury trial was conducted improperly and that the $36.6 million decision was improper.

The motions are still pending.

Davison said the lawsuit from Ironshore isn't unexpected.

"It is a common way for insurance companies and their insured to resolve their differences," he said. "I prefer to try my cases in the court, not in the press."


The Genesee County jail guards charged with $36.6 million for using excessive force against a prisoner have motioned to appeal the United States District Court's jury decision.

An insurance policy is a contract between the insurance company and its policyholder, according to Pet Kuhnmuench, executive director of Insurance Institute of Michigan.

"In exchange for coverage, the insurance company requires the policyholder to adhere to provisions in the policy," he said. "If those provisions are not met, there may not be coverage.

"An insurance policy is a not a blanket of coverage because the cost of such a product would be out of reach. An insurance policy insures specific risks that are detailed in the policy language and also the responsibilities of the policyholder for obtaining that coverage."
Post Tue Apr 04, 2017 4:18 pm 
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