VIA Email: Thomas.Snyder@cna.

com

July 27, 2016

Thomas J. Snyder
Claims Analyst
CNA Surety
101 S Reid Street, Suite 300
Sioux Falls, SD 57103-7046
RE: your letters dated June 30, 2016
Principal:
Surety:
Obligee:
Bond No.:
Claim No.:

Edith Grant
Western Surety Company
State of Florida
71301341N
9A351888/CH

Principal:
Surety:
Obligee:
Bond No.:
Claim No.:

Meagan Thurston
Western Surety Company
State of Florida
71502033N
9A351889/CH

Dear Mr. Snyder:

I have and thank you for the above cited correspondence. Given the nature of your demands, I
must verify that you are an attorney in good standing with The Florida Bar, and admitted to
practice law in the state of Florida. Otherwise I cannot respond to you. Thank you.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
Attachments

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

<Thomas.Snyder@cna.com>
"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, July 27, 2016 11:40 AM
Letter to CNA Surety-Thomas Snyder-Claims Analyst.pdf
Letter to CNA Surety-Thomas Snyder-Claims Analyst

8/8/2016

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, July 27, 2016 11:41 AM
ATT00024.txt
Read: Letter to CNA Surety-Thomas Snyder-Claims Analyst

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8/8/2016

Page 1 of 1

Neil Gillespie
From:
"Snyder, Thomas" <Thomas.Snyder@cnasurety.com>
To:
"Neil Gillespie" <neilgillespie@mfi.net>
Sent:
Wednesday, July 27, 2016 11:41 AM
ATT00028.txt
Attach:
Subject: Read: Letter to CNA Surety-Thomas Snyder-Claims Analyst
Your message
To: Snyder, Thomas
Subject: Letter to CNA Surety-Thomas Snyder-Claims Analyst
Sent: Wednesday, July 27, 2016 10:40:54 AM (UTC-06:00) Central Time (US & Canada)
was read on Wednesday, July 27, 2016 10:41:34 AM (UTC-06:00) Central Time (US & Canada).

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8/8/2016

101 S Reid Street, Suite 300, Sioux Falls, SD 57103-7046

Thomas J. Snyder
Claims Analyst
Telephone (605)330-2605
Facsimile
(605)977-7724
Thomas.Snyder@cna.com

June 30, 2016

Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481

Principal:
Surety:
Obligee:
Bond No.:
Claim No.:

Meagan Thurston
Western Surety Company
State of Florida
71502033N
9A351889/CH

Dear Mr. Gillespie

The undersigned is an authorized representative of Western Surety Company and this is to
acknowledge receipt of your correspondence dated June 24, 2016 to Troy Fain Insurance, Inc.
Generally, in order to recover on a notary bond, three elements must be established:
1. That the Notary did not faithfully perform the duties of the office;
1. That the claimant was damaged as a result of such failure; and
2. That such failure was a proximate cause of the loss and injury sustained by the claimant.
In order to continue our investigation, please furnish this Company with the following
information:
1. Is Steve Balius claiming his signature is forged? If forgery is involved, provide a copy of
a driver's license or other identification card that evidences the correct signature. You
may also provide results of a handwriting expert. The purpose of a notary's
acknowledgment is to verify that the signature is that of the person who appears before
them. It appears that you do not dispute that the signature is genuine. When the validity
of the signature is not in dispute or as in this case, no evidence has been presented to
dispute the validity of the signature, the purpose of the notarization is served and no
damages can be proximately caused by any technical violation of the notarial statutes.
2. Copies of all other documents relating to the transaction or resulting damages.
3. Copies of all communications sent to and/or received by other parties, insurance
companies regarding the transaction in question. Please include any communication with
Steve Balius or the notary or representatives of either party.
4. Copies of any demands, notices, legal pleadings, lawsuits, relating to this matter.
5. Provide specific documentation to show the damages you have incurred as a result of the
notarization of Mr. Steve Balius's name and how they are being calculated.

-2-

June 30, 2016

In the interim, we will be reviewing this matter with our principal, Meagan Thurston.
Lastly, we are required by the law of Florida to inform you of the following:
817.234. False and fraudulent insurance claims

(b) All claims and application forms shall contain a statement that is approved by the
Department of Insurance that clearly states in substance the following: "Any person
who knowingly and with intent to injure, defraud, or deceive any insurer files a
statement of claim or an application containing any false, incomplete, or misleading
information is guilty of a felony of the third degree." This paragraph shall not apply to
reinsurance contracts, reinsurance agreements, or reinsurance claims transactions.
Please note, however, that the District Court of Appeal of Florida, Fourth District in the case of
Marks v. Marks, 654 So.2d 1184 (1995), has ruled that this statute is unconstitutionally vague
only in its application to attorneys in the representation of their clients.
Western Surety Company reserves all rights and defenses.
Sincerely,

-rJ:.1--"

Thomas J. Snyder
Authorized Representative of
Western Surety Company

101 S Reid Street, Suite 300, Sioux Falls, SO 57103-7046

Thomas J. Snyder
Claims Analyst
Telephone (605)330-2605
Facsimile
(605)977-7724
Thomas.Snyder@cna.com

June 30, 2016

Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481

Principal:
Surety:
Obligee:
Bond No.:
Claim No.:

Edith Grant
Western Surety Company
State of Florida
71301341N
9A351888/CH

Dear Mr. Gillespie

The undersigned is an authorized representative of Western Surety Company and this is to
acknowledge receipt of your correspondence dated June 24, 2016 to Troy Fain Insurance, Inc.
Generally, in order to recover on a notary bond, three elements must be established:
1. That the Notary did not faithfully perform the duties of the office;
1. That the claimant was damaged as a result of such failure; and
2. That such failure was a proximate cause of the loss and injury sustained by the claimant.
In order to continue our investigation, please furnish this Company with the following
information:
1. Is Dawn Young claiming her signature is forged? If forgery is involved, provide a copy
of a driver's license or other identification card that evidences the correct signature. You
may also provide results of a handwriting expert. The purpose of a notary's
acknowledgment is to verify that the signature is that of the person who appears before
them. It appears that you do not dispute that the signature is genuine. When the validity
of the signature is not in dispute or as in this case, no evidence has been presented to
dispute the validity of the signature, the purpose of the notarization is served and no
damages can be proximately caused by any technical violation of the notarial statutes.
2. Copies of all other documents relating to the transaction or resulting damages.
3. Copies of all communications sent to and/or received by other parties, insurance
companies regarding the transaction in question. Please include any communication with
Dawn Young or the notary or representatives of either party.
4. Copies of any demands, notices, legal pleadings, lawsuits, relating to this matter.
5. Provide specific documentation to show the damages you have incurred as a result of the
notarization of Ms. Dawn Young's name and how they are being calculated.

-2-

June 30, 2016

In the interim, we will be reviewing this matter with our principal, Edith Grant.
Lastly, we are required by the law of Florida to inform you of the following:
817.234. False and fraudulent insurance claims

(b) All claims and application forms shall contain a statement that is approved by the
Department of Insurance that clearly states in substance the following: "Any person
who knowingly and with intent to injure, defraud, or deceive any insurer files a
statement of claim or an application containing any false, incomplete, or misleading
information is guilty of a felony of the third degree." This paragraph shall not apply to
reinsurance contracts, reinsurance agreements, or reinsurance claims transactions.
Please note, however, that the District Court of Appeal of Florida, Fourth District in the case of
Marks v. Marks, 654 So.2d 1184 (1995), has ruled that this stattlte is unconstitutionally vague
only in its application to attorneys in the representation of their clients.
Western Surety Company reserves all rights and defenses.
Sincerely,

-rJ:."I-'''
Thomas J. Snyder
Authorized Representative of
Western Surety Company

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