Page of pages
Koenig family to McDermott Family
Last reviewed and edited on May 25 2018 1430 GMT
Started December 2017
TO THE McDERMOTT FAMILY
Perhaps a good way to begin this letter from our family to yours, at Christmas time 2017, is this:
Rather than gift catalogues, San Antonio high-rise cooperative apartments, banks, travel agencies, and car buying services: our family wishes that your patriarch of yours had simply stuck to the process of supplying reciprocal inter-insurance.
Robert F McDermott was the syndicate manager.
In November 1989, a steam pipe explosion triggered our family’s obligation to perform a $25,000 -$50,000 restoration to our home.
As is true for all tenants in all cooperative housing throughout the entire the world, the tenant is solely responsible for repair of tenant installed property. And our family, over the years 1968 - 1989, had made the substantial severally liable deposit to Robert F McDermott pay the claims of many others - in return for which Robert F McDermott would restore our home in case of a disaster if the eventuality arose.
Deposits - not premiums.
We paid in cash deposits to Robert F McDermott. And we asked only that he be there when we needed the other 2.5 million syndicate names at USAA to reciprocate.
All that was needed in November 1989 was a prompt workmanlike response from our attorney-in-fact who was the trustee and syndicate manager for the process by which funds are transferred from the 2.5 million syndicate names to the member in need.
USAA is not so much in rem or ad personam as it is a per processum (ask your lawyer). USAA has no separate legal existence. It is neither a thing nor a corporate person: it’s a process by which Robert F McDermott exchanged risks - the exchange of reciprocal risks through the processof interinsurance.
And this West Point Ad makes clear what USAA is all about:
When we reported our perfectly indemnified duty to restore our apartment to your father and grandfather, we were immediately subjected to what I can only describe as a drive-by shooting.
This letter is not the place to relate all the turgid details. But there are salient highlights.
When we first reported the steampipe situation that would necessitate a complete restoration of the living room, the very first Robert F McDermott employee (his personal employee) :
addressed me in an extraordinarily deprecating and gratuitous manner.
This is what Norma said:
I don’t understand why you’all in those tall New York City buildings are always having those water and steam leaks - and for sure I don’t understand why you’all expect the USAA members to pay for the damages.
Norma’s voice dripped in cynicism and here entire manner oozed utter and cavalier disrespect.
It is my read from Norma’s comments that your father was upset about a spate of water-damage claims from NYC members. I also believe that your father had hired McKinsey to come up with pretextual arguments to evaded claims in New York City.
I believe that Norma was working from a McKinsey cheat-sheet that supplied evasions that were designed to confuse the USAA member filing a serious claim
From that point, it was downhill.
In the 28 years since my first telephone call in which Norma Mendiola suggested that those living in adobe huts were more likely to have claims settled, the syndicate managers for my unincorporated insurance syndicate USAA has never once engage me in a civilized discussion as to the merits of my family’s claim: not once!
I have never once been phoned by a fellow member.
But my mother was chased offshore to die 4,000 miles away from her family by thugs sent by USAA’s NY lawyers to harass her and intimidate her in her Oyster Bay home. These lawyers are criminals - as will be thoroughly laid out below:
Anthony D Perri Esq
46 Bayville Park Boulevard
Bayville NY 11709
Neil L Kanzer Esq
75 Franklin Street
Amityville NY 11701
John Robert Seybert Esq
59 Watchogue Avenue Unit 23
East Moriches NY 11940
James O Druker
136 Palmer Avenue
Larchmont NY 10543
This harassment and visitation by thugs was et seq. My children were viciously surveilled and then harassed at their schools and places of work.
One Vermont lawyer, a fellow USAA member, deserves special mention
Judge Samuel J Hoar
Vermont Superior Court
109 State Street
Montpelier VT 05609
Before he was promoted to his VT judgeship, Sam Hoar (over-keening Dartmouth College arrogance and all) sent thugs to surveil my 2nd child and daughter at Johns Hopkins in Baltimore just prior to her graduation weekend.
If that wasn’t enough: this son-of-a-bitch (Sam Hoar) hired thugs to hang legal papers addressed to me ON THE FRONT DOOR OF THE MONTPELIER VERMONT ARCHITECTURAL FIRM where my elder daughter worked. On the fucking front door. On the front door.
So that there is no ambiguity - here is a google map of exactly what this bastard father-of-whores did:
My elder daughter worked at Black River Design which occupied the entire 2nd floor of 73 Main Street in Montpelier VT. Sam Whore, for a few bucks, hung legal papers with my name on the primary 2nd floor door to my daughter’s place of work.
Why? Why did Hoar prostitute himself? Here’s the story.
[to be completed - probably by reference]
Now here’s the law and the customs and practices of the insurance industry.
At our home in NYC, just as was true at your father’s magnificent edifice in San Antonio, fucking Robert F McDermott Towers:
the tenant is solely responsible for restoring all damage to the tenant’s personalty, real estate improvements, and fixtures. This duty is not some abstract precatory duty which the tenant can ignore hoping that somebody else will do repairs.
Your father put it well in his own proprietary lease at Robert F McDermott Towers.
It bears noting that Robert F McDermott Towers was built with my money.
Paragraph 17. (a) of our proprietary lease at 55 Liberty Street Towers in NYC was constructively identical to your father’s Section 5.1.:
Robert F McDermott’s unlicensed (and soon to be fired) adjuster, Richard J Froese, was first on the scene.
USAA adjuster Froese’s job was actually very simple: to produce a 2nd/3rd party adjustment conforming to insurance industry standards.
Had Trustee Robert F McDermott’s adjuster produced a report, it might have been built on an armature such as this:
Subrogate to 55 Liberty Owners Corp 
Koenig Family (for uninsured property) 
Paint and Finishes
Had Robert F McDermott, our trustee of the machine with which we had contracted to supply the needed indemnity, performed as required by law an industry standard adjustment - my family would have been comfily reinstalled in our home before Christmas 1989.
After all, we had the exact correct USAA policy for our cooperative apartment. And we had the exactly correct limits of liability which had been “rated” by father/grandfather Robert F McDermott’s very good friend (perhaps mistress) Janice Marshall - $85/square foot x 600 square feet = $51,000.
Well - we never able to repair our apartment and as a direct result we lost our home and were forced into bankruptcy.
There is a tendency in the USA today to depersonalize crimes - as if they never really happened. In other words, we are supposed to man-up and take our lickings. If a little bitch like Norma Mendiola frontally disparages people who live in New York: oh well, shit happens.
Well that is not going to happen here. But before I get around to kicking ass and taking names - let’s review one other extraordinary letter that your father wrote me. The letter was perhaps robo-signed by Robert F McDermott’s fraud machine - Jannie Morse.
I am so sick-and-tired of reading Jannie Morse’s letter than now, for once, why doesn’t somebody else read it and tell me what is says.
But here are some comments and observations.
Robert F McDermott’s Northeast Region had two senior managers:
Robert F McDermott, our trustee, was advised on December 6 1989 by the insurance syndicate’s adjuster, Richard J Froese:
that he [Froese] had done a thorough reading of my family’s cooperative apartment Proprietary Lease:
Froese letter dated December 6 1989
The Fire and Multi-Peril Policy Froese referenced is a special type of insurance policy that runs exclusively with cooperative apartments - to the exclusion of condominiums. I am told that Condominiums have what is called a Master Policy.
On February 12 1990 I was telegramed by Robert F McDermott’s Janice M Detreville [RIP] furiously asking for the Master Policy: a document which didn’t exist.
I phoned Detreville and she was cuntily adamant that she be immediately supplied with a copy of the non-existent Master Policy - telling me that Robert F McDermott’s adjuster Richard J Froese had “told her” that he had seen and had a copy of the Master Policy.
I wrote Robert F McDermott’s adjuster Froese on February 12th in response to Detreville’s fantasy about the Master Policy - and changing his and her diapers - and asking him to send Janice Detreville The Master Policy:
As is customary with USAA, then there was a deafening silence. The next letter came from Robert F McDermott’s employee Daniel Ragsdale who confirmed the details of our contract on Form HO- 84R:
And then followed this extraordinary letter from Jannie Morse (which I repeat and reinsert here for clarity):
[This report will be developed over the coming months.]
Exhibit “_”: Paragraph 17. (a) in its entirety
Exemplary letter # 1:
RE: Settlement for the costs of your duty to restore your cooperative apartment after a steam pipe explosion.
Dear Mr Koenig:
I am Jeanie Morse and I am the manager for your trustee Robert F McDermott’s Northeast Region.
This notes in passing that over the last 20 years, by advance deposits:
you, your wife and children have personally paid $18,873 of claims for other members. Over that same period, you have made no claims.
Some members are confused about advance deposits. The currency of your contract with the other 2.5 million syndicate names at USAA is not the canonical insurance premiums that are used by those other horrible dishonest corporate insurers.
As is made clear by this explicit language of your contract, writ large:
the syndicate manager (the trustee of your funds and the attorney-in-fact for the reciprocal interinsurance process) asks you for your advance deposit.
Every day that you are benefiting from the indemnity supplied by your 2.5 million fellow members, who are this this unincorporated insurance scheme’s syndicate names:
your deposit account is chipped away by payments and provisions for reserves. The day you terminate your contract, even if it is before the end of the contract period: you get back every penny of your deposit that is excess to actual cost - as later ascertained.
That is the simple mathematics of how we manage to deliver our promise:
and even more importantly, as promised in this West Point YearBook ad:
AT COST INSURANCE
Now, as to your settlement of the costs to restore your cooperative apartment home after the unfortunate steam pipe explosion:
In December 1986 when you first occupied 55 Liberty Street # 17C, you phoned in and subsequently sent us by US Mail a copy of your cooperative apartment corporation proprietary lease.
Janice Marshall was the New York State licensed insurance broker of record for USAA: and you spoke to one of Ms Marshall’s NYS licensed representatives.
Our tapes of that December 1986 conversation and a reading of the lease you sent us caused us to determine that you had correctly described your insurable risk.
In fact, your description of the insurable risk was quite elegant. As our tape makes clear, you described your risk by citing an example of a total loss of the building. Your example proposed the possibility that terrorists might fly a Boeing 737 into WTC # 1 (only 200 yards away) and that an aircraft engine might project onto your building and cause a fire that would burn it down.
As you so carefully put it, your duty would be to restore a 600 square foot apartment on a 17th floor concrete slab in a new building.
Our USAA licensed broker, applying special insurance data that is only available to us, determined that NYC construction costs for medium grade apartments such as yours is $85/square foot.
600 square feet x $85/square foot = $51,000. That amount would cover the cost of restoring your family to an empty apartment,
It was the feeling of the USAA broker that your need to replace personalty would be satisfied by limits of liability of $103,600.: or $172.66/square foot.
We also agreed that $1,150/month (your mortgage and maintenance) for 36 months was a highly appropriate calculation for “loss of use”.
Robert F McDermott, as your trustee for your deposits and as your attorney-in-fact for the process of obtaining your future settlements from the other 2.5 million syndicate names, and Janice Marshall, signed the contract.
Any evasion of the contract would be criminal.
So I am happy to confirm to you, Mr Koenig, that you have the exactly correct insurance.
Now, Mr Koenig, out of an abundance of caution and to be fair to the other syndicate names, I’d like to confirm some of the basis facts.
We have on Robert F McDermott’s staff a hissy little cocksucker who likes to design claims settlement evasions.
David Woodard Esq
2571 Rolling Creek
Spring Branch TX 78070
Woodard is “the we” that Norma Mendiola referred to in her little evasion in May 1989.
I apologize for the entire tone of Ms Mendiola’s letter - she is certainly a little piece of work.
As there is no “Master Policy” in the case of cooperative apartments, as as Robert F McDermott knew that your family home was a cooperative apartment: I must apologize for Ms Mendiola’s bitchy little demand for a non-existing document which is in any case is a nullity in terms of this claim.
In any case, you supplied a complete bound copy of your Proprietary Lease to your adjuster, Richard J Froese: it is the Proprietary Lease which is the operative document for cooperative apartment claims.
We know that at USAA! In fact, some of the billions that Robert F McDermott has already stolen from you was used in San Antonio to build a cooperative apartment complex:
[insert RFM Towers]
with a proprietary lease constructively identical to your own.
And in any case, our adjuster Richard J Froese referenced his reading of your family’s proprietary lease in his December 6 1989 letter.
Even though your December 1986 declarations and everything else we know about your home informs us that it is cooperative apartment.
Still - there are a lot of people around here with their thumbs up their asses who only get bonuses if they create a way to evade serious claims.
 Greater New York Mutual Insurance Company (NAIC 22187) Policy # 1131M75921-S
 There was no uninsured property; and this column (uninsured property) is presented here only to show that such a column might present in a 2nd/3rd party adjustment.
 There was no computer; and this column is presented here only to show that a column for uninsured property might present in a 2nd/3rd party adjustment.
 This $1,000 amount is only an exemplar for uninsured property.