Letter To Mark Sarlitto ~ Senior Vice President and General Counsel of Heritage Union Life Insurance Company / WiltonRe and Chris Stroup ~ Chairman of the Board of Directors and Chief Executive Officer.
"From: Eliot Ivan Bernstein [mailto:firstname.lastname@example.org]
Sent: Wednesday, May 21, 2014 6:19 AM
To: Mark Sarlitto ~ Senior Vice President and General Counsel @ Heritage Union Life / WiltonRe (email@example.com); Chris Stroup ~ Chairman of the Board of Directors and Chief Executive Officer @ Heritage Union Life / WiltonRe (firstname.lastname@example.org)
Subject: URGENT RE INSURANCE FRAUD -
Policy Number: 1009208 on the life of SIMON L. BERNSTEIN
Dear Mr. Stroup and Mr. Sarlitto @ Heritage Union Life / Wilton RE,
I am writing regarding the Life Insurance Policy on my father, Simon L. Bernstein (deceased), Policy No. 1009208. It has come to my attention through a Federal Court case titled “Simon Bernstein Irrevocable Insurance Trust Dtd 612111995, et. al. v. Heritage Union Life Insurance Company, et. al,” Case No.13 cv 3643 in the US District Court Northern District of Illinois that a claim was filed with Heritage by a one Robert Spallina, Esq. of the law firm Tescher & Spallina PA, acting as the Trustee for an alleged lost trust named “The Simon Bernstein 1995 Irrevocable Insurance Trust” claimed to be the Contingent Beneficiary, however no executed copies of the Trust exist as of this date.
Further, Mr. Spallina represented that he has never seen nor been in possession of the lost trust, yet he filed a claim with Heritage Union acting as the Trustee of that lost trust he never saw or possessed.
Further, from production documents in the Federal Case it was also learned that Spallina additionally represented himself to the carrier as the Trustee of the alleged Primary Beneficiary of the Policy, a one LaSalle National Trust, N.A., of which he also is not.
The claim was DENIED due to the inability to show a proper beneficiary and produce a legal valid trust document as beneficiary.
Legally, a valid executed trust instrument must be present at death for a trust to be paid any benefits and in the case of a lost beneficiary at death Florida law is clear that the benefit should be paid to the Estate of the insured.
Mr. Spallina and his partner Donald Tescher, Esq. have recently resigned as Personal Representatives/Executors, Trustees and Counsel to the Estate and Trusts of Simon Bernstein, after admittedly altering Trust documents in my parents Estates and Trusts to illegally change beneficiaries and whose Notary Public and Legal Assistant, a one Kimberly Moran has been arrested and convicted of Fraud and admitted to six counts of FORGERY of estate documents, including a POST MORTEM FORGERY of my deceased father’s name in efforts to alter the beneficiaries of my deceased mother’s estate.
They also used my deceased father to act as Personal Representative/Executor after he was deceased and consummated a fraud on the Florida Probate Court under Judge Martin Colin.
After the claim was rightfully denied by Heritage, certain of Simon’s children who were wholly disinherited in the Estate plan by both Simon and his deceased spouse Shirley, Theodore Stuart Bernstein and Pamela Simon, filed a Breach of Contract lawsuit against Heritage Union and in this action Theodore suddenly now claimed he was the Trustee of the lost trust and not Spallina.
Theodore Bernstein it has been learned from a Palm Beach County Sheriff investigation report, attached herein, is alleged to have taken already improper distributions of assets in his alleged fiduciary capacities, AGAINST THE ADVICE OF COUNSEL.
You will note that in Jackson National’s initial opposition to the lawsuit on behalf of Heritage, Jackson also claimed that Theodore had NO LEGAL STANDING to the file the lawsuit in the first place and was advised by counsel of such, which appears a correct legal analysis.
Due to these alleged FRAUDULENT ACTIVITIES that took place in the filing of the life insurance claim, I have contacted the Jacksonville, IL Police department and spoke with Detective Scott Erthal who opened Case No. 2014000865.
Detective Erthal then contacted me and told me he had spoken to Carol Ann Kindred at Heritage Union and that they would be conducting the initial FRAUD investigation internally.
I was surprised when I got the attached letter from C.A. Kindred, which attempts to inform me that Heritage is not investigating the alleged FRAUDULENT claim filed with the company, most surprising is why she did not direct her letter to Detective Erthal and instead contacted me to inform me that Heritage was refusing to conduct an investigation.
C.A. Kindred also stated that the Federal Court would be handling the Fraud issues and obviously Federal Courts do not conduct criminal investigations or insurance investigations.
As you may know, life insurance carriers are legally required to attempt to find the true and proper beneficiary of an insurance contract upon death and in this instance no effort has been made to either contact LaSalle National Trust, N.A. to join the Federal lawsuit by the life insurance carrier or any other party and attempts are being made to pay an alleged contingent beneficiary (the lost trust, which is not listed with the carrier as the contingent beneficiary according to their records) without first paying the Primary Beneficiary, a truly bizarre case.
The Life Insurance contract has also not been produced and it appears Heritage and their Successors and their reinsurers have all lost the contract that the Breach of Contract lawsuit was filed on, making an almost surreal lawsuit where neither the alleged Plaintiff, the lost trust is legally nonexistent and the contract the breach is based upon also does not exist.
In efforts to secure the contract I am asking that you check your files for Heritage and see if you can locate one. It also has come to my attention that no one has notified the Primary Beneficiary or made any efforts to this date to make contact with them, LaSalle National Trust, N.A., which is now owned by:
Chicago Title Land Trust Company
10 South LaSalle Street, Suite 2750
Chicago, Illinois 60603
As hearings in the Federal Case are proceeding quickly, your prompt attention to these matters is required and please inform me of your work with the Jacksonville PD so that I may know if this matter has to be investigated by Federal Authorities at this time for the initial alleged Fraudulent claim made to Heritage Union that Heritage and its successors refuse to investigate internally.
I have contacted your offices as it appears that the Heritage Union Life Insurance Company website was taken down and refers now to Wilton RE as the successor.
Attorney for Jackson National Life in the Federal case, Alexander Marks, Esq. has told the Federal Court Judge, Amy St. Eve, that Heritage et al. while being discharged from the Federal lawsuit would be willing to help the parties in any way and this refusal to investigate is directly opposite this claim and if further problems stand in the way I will be forced to seek leave to have all parties reinstated in the Federal action instantly, including now Wilton RE.
Finally, from reviewing the production materials in the lawsuit, it appears that certain carrier files may have been tampered with by an insider, who Plaintiffs have claimed was willing to pay an insurance claim without any proper beneficiary documentation and we are also looking to find who this party is.
Thank you for your cooperation in these matters and please feel free to contact me with any questions or further information. Eliot
Eliot I. Bernstein"
Attached the Letter were These Two Documents
So Heritage Union Life Insurance Company is very aware of what is going on in this case. What will they do, if anything, is yet a mystery.