I think the mystery I referred to in the post is solved, so I’m turning off the comments.

I think there are better places to discuss these grievances, such as an online forum or a court of law.

Concerned is throwing up a smokescreen and is trying to get the target issue pushed into obscurity.

There is one overriding issue – Smartcruiser, BPC, LJ and the others sold illegal insurance from an unlicensed provider who in addition did not have an underwriter.
Not once (with Trip Assured) but TWICE.

Quote:
(7) breach of fiduciary duty [ Unlike travel suppliers and
tour operators, travel agents have a fiduciary relationship with their customers [ see Brown v. Hambric40 ( travel agents are “ professionals and fiduciaries and are expected to be
knowledgeable of the travel services they sell “ )

[d] Consumer Remedies & Penalties

[i]-United States

Any violation of a Travel Seller statute should, as
it does in Florida……constitute a violation the each State’s Consumer Protection Act giving rise to a private right of action and entitling the consumer to treble damages, attorneys fees and costs.

It also appears from Peters demand Mr Smolinski did not fulfill his fiduciary responsibilities by NOT buying insurance from anyone for three months.

EVERYTHING ELSE IS IRRELEVANT.

After my post last night, I re-read the entire blog again and still felt like that dog chasing his tail. I was caught by the fact that the language in Peter’s letter to Smolinski was very similar in tone and content to language posted by Arthur. Maybe you noticed the same thing. Robert, I think you may be putting 2 and 2 together too. I went back to an email that I sent to Arthur for help a few weeks ago and at the bottom of the email was a fax number he provided me to send him documents. I won’t list the fax number he gave me here due to privacy concerns, but when I Googled the number it came up as belonging to Peter Lay. I believe due to this fact that Peter Lay and Arthur are the same blogger.

Another item that I didn’t notice until I re-read Peter’s letter to Smolinski was item #17 which stated, “Thank you for sending me the e-mail from Jerry Watson. To ask a former felon and perpetrator of the scam to give himself a reference is beyond my comprehension.” This is further proof that Smolinski had been communicating with Peter contrary to Peter’s assertions otherwise that Smolinski had been ignoring him.

Peter also indicated in item #12 claiming Smolinski knew that Watson was a convicted felon because it was public record. I have tried to find this information online but have unable myself. Could someone point me in the direction as to where I can find it? Many people on this blog mentioned this as a true fact, but I can’t find it anywhere.

I am also confused with what you said Robert about documents in people’s possession with reference to Trip Assured lawsuit. I could not find any of these documents online either. Granted I don’t have access to the tools that lawyers have. Are these posted in a certain court docket? If Peter Lay a/k/a Arthur has documents such as these in his possession then they must be readily available on a court docket. I am not a lawyer but was involved in a lawsuit and when the case ended we were required to destroy all documents obtained in discovery. My belief is that the public is not entitled access to documents provided by the litigating parties unless they have been entered into a court record or used as evidence in a trial. Did the Trip Assured case go to trial? Is there a lawyer here that can answer these questions?

I am now of the belief that Peter a/k/a Arthur is confusing this blog with irrelevant and misleading information and should provide the communications between Smolinski and himself. I don’t know about you, but I am really curious about seeing this information, especially the “email from Jerry Watson to Smolinski” that he mentions in item #17 and even more so, the “suggestion of Smolinski” that was stated at the end of his parable.

What do you have to say Peter?? Arthur??

The issue is simple…there are several agencies who sold their clients an unauthorized, illegal trip protection plan between 2001-’06. The company they used, Trip Assured was run out of business by several state regulators including Florida. The travel trade published extensively about this matter. Despite this, we know of three prominent Florida agencies – Best Price Cruises, Legendary Journeys, and Palm Coast Travel that began selling the exact same product within months of the demise of Trip Assured. THIS IS THE ISSUE!

Can we agree on this, and get our cause out of the ditch and back on the road? Your comments are welcome.

Concerned is throwing up a smokescreen and is trying to get the target issue pushed into obscurity.

There is one overriding issue – Smartcruiser, BPC, LJ and the others sold illegal insurance from an unlicensed provider who in addition did not have an underwriter.
Not once (with Trip Assured) but TWICE.

Quote:
(7) breach of fiduciary duty [ Unlike travel suppliers and
tour operators, travel agents have a fiduciary relationship with their customers [ see Brown v. Hambric40 ( travel agents are “ professionals and fiduciaries and are expected to be
knowledgeable of the travel services they sell “ )

[d] Consumer Remedies & Penalties

[i]-United States

Any violation of a Travel Seller statute should, as
it does in Florida……constitute a violation the each State’s Consumer Protection Act giving rise to a private right of action and entitling the consumer to treble damages, attorneys fees and costs.

It also appears from Peters demand Mr Smolinski did not fulfill his fiduciary responsibilities by NOT buying insurance from anyone for three months.

EVERYTHING ELSE IS IRRELEVANT.

In his point number 14 he claims to have papers showing that Mr. Smolinski’s agency was a client of Mr. Watson in 2006 and earned a commission of 40%. This is not completely accurate. Mr. Smolinski’s agency, Palm Coast Travel/SmartCruiser was working with Trip Assured as evidenced by the legal documents Mr. Lay refers to. However, Palm Coast Travel/SmartCruiser’s representative, according to the document, was not Jerry Watson. The number 40 refers to what appears to be a commission structure. For Palm Coast Travel/Smart Cruiser the number appears as 40/49. Mr. Watson was the representative for Legendary Journeys and Best Price Cruises, but by 2006 he was no longer with Trip Assured. The name of the representative for Palm Coast Travel/SmartCruiser is irrelevant to this discussion.

Mr. Lay also contends that Mr. Watson’s previous companies were issued cease and desists by seven states. This is incorrect. Mr. Watson’s previous company, Traveler Protection Services was issued a cease and desist in May ’08 by the state of Tennessee. This order was signed by Mr. Watson. An earlier company, Vacation Protection Services was also ordered to cease and desist by the Tennessee authorities. This order was issued in December ’06, however there is no reference to the fact that Mr. Watson was associated with this company at the time of the order. It is known that at one time he was affiliated with this company, however.

Peter is obviously angry at Mr. Smolinski for denying his claim. However, the issues he has presented are secondary to the fact that this is the second time Mr. Smolinski’s agency has engaged in the sale of an unlicensed travel protection policy.

Just curious.

You claimed that Mr. Smolinski kept the money that you paid for the Access America policy. Did he also charge you for the Prime Protection policy? This is isn’t clear in your post.

Maybe it is just me, but I can’t seem to understand really what you are saying or what occurred in your transaction. You mention all kinds of things that really don’t seem to be related to your claim and really seem irrelevant. I think one thing that everyone can agree on is that you had a claim and it wasn’t paid. Is that correct? Would you care to share the details of the denial as I think it could help a lot of other victims here, including myself?

At the top of your post you said that Smolinski has never responded to your complaints. Is this true? You seem to contradict yourself at the bottom of your post by saying that “Your suggestion of using Access America as an intermediary is unacceptable because as I have stated it is not an insurance denial but the legality of your association with a known fraudulent insurance policy.” I can only assume that what you posted on this blog was some type of response to Smolinski sent on February 8th?

I may be wrong and I am sure people will correct me, but if you claim that Smolinski never responded to your complaints, how could you possibly have a suggestion from him? At the beginning of your post you claim Smolinski ignored you and then at the end you claim he made a suggestion. Could you please explain this inconsistency?

I am not an educated MBA or lawyer (like most of the posters) so maybe I just don’t get it. You stated, “Your suggestion of using Access America as an intermediary is unacceptable because as I have stated it is not an insurance denial but the legality of your association with a known fraudulent insurance policy.” With your statement, it is clear that some communication occurred between you and Smolinski regarding your claim and some offer / suggestion was made.

What also strikes me as kind of odd is that you seemed to be angry that Smolinski cancelled your coverage with Access America, kept the money, and placed your coverage with Prime but yet you dismissed Smolinski’s “suggestion to use Access as an intermediary”. Reading your post is like a dog chasing his tail. It seems like a big piece of the puzzle is missing and that is a communication from Smolinski pertaining to his “suggestion” to you. Peter, do you have such a communication and if you do, could you post it? I think it may clear a lot of things up.

I have checked the court documents and indeed Best Price Cruises, Legendary Journeys and Palm Coast Travel/Smartcruiser among many other agencies were involved in selling a trip protection plan that was deemed illegal. The facts surrounding the problem with this illegal product were reported extensively in the trade papers. While the travel agents may have been duped the first time, they certainly should have known what they were dealing with the second time.

The losses that these agencies and/or their clients were faced with after the demise of the previous trip protection company were staggering as the court cases reveal. To sell the same type of unlicensed protection plan again is inexcusable. Threatening lawsuits against clients who have lost large sums of money as a result of purchasing this product is unconscionable.

To Sue Gorton and Chris McGuire Florida Bureau of Investigation

Mr Lee Smolinski has refused to receive my complaints and is going to sue me.
Here is my final demand letter which summarizes all the documents you received from me.

February 8, 2009
Dear Mr. Smolinski

I believe you are gentleman of European origination, as am I, and I appreciate your gentlemanly responses to my claims.

I don’t think you understand my personal claim? The complaint is about you breaking the Florida state law by selling a policy you described in all your documents as insurance when it was not. The policy was an illegal sham and had no credibility.

I believe you are personally responsible, colluded with Mr. Jerry Watson, Mrs. Christine Watson and Prime Travel Protection Inc to purchase a false policy for your financial gain.

I believe, in a court of law, I can bring enough evidence and witnesses to prove my case.

1 You sold me a policy, by taking a premium of $309.00 for Travel Cancelation Insurance on November 16, 2007. The premium was paid to Palm Coast Travel (one of your companies) via American Express. The company providing the policy shown in that document was Access America.
2 You did not pay the premium nor order a policy from Access America. You kept the money.
3 I postponed the cruise with HAL until September after first asking if my deposit and insurance premium could be transferred. At that time I was informed the insurance premium was not refundable.
But, you had not paid the premium nor ordered a policy from Access America, therefore, how could it not be refundable.
4 In early March 2008 I received an e-mail from you stating the cruise deposit and the insurance premium would be transferred to a new date with the same cruise line.
5 On March 4, 2008 I received a communication from Access America and a full policy of insurance plus an e-mail from you giving coverage details. Access America will testify they did not receive an order or a premium in my name until March 4, 2008.
6 On March 5, 2008 you cancelled the Access America policy by contacting that company. Obviously you had revealed the fact to me that you had kept the premium for your own use. Access America will testify you cancelled my policy E06193891 March 5, 2008.
In Florida that is illegal.
Despite e-mails to you asking for an insurance policy dated 4/5/2007 (2 e-mails) 8/18/2008 and 8/19/2008 Heidi Thoms, you failed to produce a document.
7 On August 28, 2008 a policy document was e-mailed to me by a company named Prime Travel Protection Inc. It was not insurance. The covering letter showed a date of March 5, 2008. I checked with PTP and they said you had not paid a premium nor ordered a policy on my behalf until late August. I will subpoena the employee, Danielle, to be deposed or be a witness for this fact.
Under the 10 days review clause I requested cancellation but was denied because the cover document was dated March. My computer records will show the first communication was August 28, 2008 from Troy Sandoval of PTP.
8 On or about August 28, 2008 you knowingly ordered a travel cancelation insurance policy from Prime Travel Protection Inc, Arvada, CO which is unlicensed to sell insurance in the states of Florida or Colorado. This is illegal.
9 On the top of the bogus contract PTP represented that ACCESS AMERICA were their underwriters. You know and have dealt with Access America and you are aware they are insurers not underwriters. It is illegal not to have underwriter.

10 You Mr. Lee Smolinski are not licensed or authorized to sell insurance in Florida. Several documents are in the regulators hands showing Mr. Smolinski’s signature to be related to insurance.

11 Revelex a travel booking mechanism introduced Mr. Watson to you and we have an eye witness who will be subpoenaed.

12 Mr Jerry Watson and you were private club associates and friends. You were aware that Mr. Jerry Watson was a convicted felon because it is a matter of public record.
You were aware that Mr. Watson’s previous companies Vacation Protection Services Inc and Travel Protection Services were issued a cease and desist order preventing them from selling insurance in seven states including Florida. They were dissolved on 12/20/2006 and 9/12.2008. The closing of these companies was a matter of public record.
13 After Trip Assureds’ demise where Mr. Watson was VP, he moved to Colorado to continue under a different name and you moved your business with him.
14 I have papers proving you were a client of Jerry Watson’s in 2006 and received a commission of 40%.
15 In 2006 Mr. Jerry Watson was manager of Trip Assured and action was brought against Trip Assured which resulted in cease and desists. Mr. Ferguson of Legendary Journeys, a Florida travel agent, was also sued at the same time by a Californian. Settlement was made the evening before the trial in the Californians’ favor for an undisclosed sum.
16 During the plaintive research for the C&D trial a Barry Resnick of CA and his attorney Mr John Tiedt spoke to you at length questioning you about involvement with Watson so you were fully aware of Mr Watson’s bogus policies at least 2 or 3 years ago.
Mr. Resnick and Mr. Tiedt will testify against you.

17 Thank you for sending me the e-mail from Jerry Watson. To ask a former felon and perpetrator of the scam to give himself a reference is beyond my comprehension.
30 seconds of computer key strokes would give you the answer to whether Watson was licensed or not, a felon or not and an owner of three dissolved and self liquidated companies.
18 We have confirmed proof that you sold this illegal product once and now you have done it again.” This proof has been given to the Florida Bureau of investigation.

Mr. Smolinski I demand you pay my claim in full immediately.

Your suggestion of using Access America as an intermediary is unacceptable because as I have stated it is not an insurance denial but the legality of your association with a known fraudulent insurance policy.
Yours faithfully

Peter Lay