Nancy Moran

FAX TRANSMISSION

TO: Doris Balis, M.D.

FAX: 410-328-6391

RE: Release of Medical Information

Pages to follow: 3

To follow is my letter to the lawyer for the insurance company with copy to the Claim Representative faxed to date.

Please forward same to Dr. de Guzman for when she might find herself in a decision-making capacity later this month.

nm 

Lawrence E. Ballantine, Esquire
The "Law Firm" of Peterson et al
One West Pennsylvania Avenue
Suite 500
Towson, Maryland 21204-5025

By fax no. f410-832-8080
verified by Activity Report

Re: Homeowner Policy Claim -- 550 St. Mary Street

Theft and Vandalism - State Farm Claim No. 20- H200-777

Dear Mr. Ballantine:

I have in hand your letter of October 16, 2000 (enclosing a proposed medical release form) which was sent both regular and certified mail.

This is confirm our conversation October 9, 2000 to the effect that the claim is not solely "Theft" but "Vandalism or malicious mischief", both of which situations are described in "Section I - Losses Insured" of the standard Homeowners' Policy Form 3.

I remember stating to you on that date that a claim of Vandalism (clause 8) as opposed to Theft (clause 9) entailed a different standard of proof. You have not yet indicated the standard.

In a subsequent phone conversation with you that week, I indicated I was an inpatient at the University of Maryland Hospital during the period in question and that I could document that. You asked if I would sign a Release and I indicated I would.

Your cover letter of October 16 reads:

... In order to confirm your absence from the home during this period of time, I would appreciate it if you would sign the enclosed medical release so that I can obtain your medical records from University Hospital to confirm that, in fact, you were a patient there during that period of time. ...

A copy of the proposed "Authorization for Release of Medical Records" enclosed with your October 16 letter is to follow for your records if not mine.

In fact, your Release comprehends any and all healthcare of whatever nature I might receive from that provider and/or any other provider shall be disclosed to State Farm at the discretion of State Farm, its operating companies and assigns, for a period of one (1) year going forward (potentially chilling, no?). And your Release also comprehends any and all healthcare of whatever nature I might have received from that provider and any other provider in the past shall be accessible to State Farm at the discretion of State Farm, its operating companies and assigns, theoretically in perpetuity.

I contend that, in view of a simple Theft and Vandalism claim under a standard Homeowners' policy, the proposed "Release" is harassing, dilatory, and not likely to yield admissible evidence, and it is as well intimidating, disabling and positioning State Farm, its operating companies and assigns, for personal legal undermining, character assassination and invasion of privacy for the indefinite future.

Is this the standard "Release" form State Farm universally applies such as for the "Automobile" subsidiaries?

If so, I tend to think I will be retaining the form and a copy of this letter for the Maryland Insurance Commissioner and Attorney General's office.

Meanwhile, my attending doctor has advised me to "cross it all out" and write, "Letter from Doctor Only". She also advises me that release of records is generally done by a "team". The "team" (me, her, first year resident) shall be established when everybody has time to make an appointment together.

What I am asking at this point is: What are you requesting -- dates of admission and discharge, confirmation of diagnosis, credibility or reliability of the EUO (now scheduled for December 20)? ...? ...? Perhaps you will be coming up with a more relevant "Release" form sometime before then and in time for production by my "primary healthcare provider" some time before December 20, 2000. Or are there other matters you prefer to be answered "up front" prior or subsequent to the deposition?

Contact me by certified mail again or you may choose to access my voice or fax numbers. Email might suffice in a pinch, too. My website is www.geocities.com\advocate611\ for your further information.

I am still waiting for a guarantee in advance that I will be receiving (promptly) a copy of the same version of the transcript that you will be using at no further cost to me.