“Our office is available 24 hours, 7 Days a week. Post Coronavirus, we mainly operate remotely and we are available in our office by appointment. We have several representatives available to take care of your needs however we understand the need to sometimes come into our place of business in order for you to meet with one of our Protection Specialists and discuss your concerns. We highly value the person to person relationship and are readily available to meet with you in person”.
888-995-6019 Office No Ext. 813-995-6013 x 101 Direct.
Email: info@centurioninsuranceafs.com

Court Orders Texas Adjuster to Cease Using Lloyd’s Trademarked Names *Centurion Insurance AFS*

Feb 09, 2024 (0) comment , , , , , , , , , ,


A Texas public adjuster committed willful infringement when he formed a corporation and a limited liability company with the names “Certain Underwriters at Lloyds London, Inc.” and “Certain Underwriters of Lloyds London,” a district court ruled on February 7.

The Southern District of Texas granted Lloyd’s permanent injunction in its bid to stop adjuster Eric Ramirez from using its federally trademarked names.

Ramirez was retained by various policyholders in pursuing claims under insurance policies issued at Lloyd’s. After an appraisal umpire ruled against Ramirez’s position in one recent case, he filed lawsuits and administrative complaints accusing Lloyd’s of improper business practices.

Ramirez accused Lloyd’s of not properly registering to do business in Texas, failing to pay taxes which he presumably claims are due to the State of Texas, and seeking damages in the form of compensation he would have received from the policyholder if it had received a larger damage award on its claim.

Lloyd’s, the world’s premier insurance marketplace, does not sell or issue insurance policies in Texas.

Ramirez formed businesses with the state of Texas named “Certain Underwriters at Lloyds London, Inc.” and “Certain Underwriters of Lloyds London, LLC.” He registered those entities to do business in California and New York. Ramirez also filed an application to federally register the trademark CERTAIN UNDERWRITERS AT LLOYDS LONDON. Ramirez swore the company he formed in Texas was using that mark in interstate commerce in the insurance business, even though Ramirez, as a public adjuster, is not involved in the issuance of insurance policies.

In a response to Lloyd’s motion for permanent injunction, Ramirez told the court he is not doing business through those entities. Ramirez claims he created the entities to “reserve” the names, “prevent fraud, waste, abuse, and mismanagement” and with the intent of eventually turning the entities over to the state or federal government.

The court found evidence that Ramirez accepted service of process intended for Lloyd’s, not for the companies he has formed. The evidence establishes Ramirez’s improper intent and bad faith motives in forming these entities, the court said.

“Ramirez’s actions are also not only likely to cause actual confusion but are causing actual confusion with Lloyd’s trademarks,” wrote judge Andrew S. Hanen.

Ramirez additionally harmed Lloyd’s reputation and good will by making a series of baseless and unsupported claims that Lloyd’s is operating illegally, said the court.

Lloyd’s marks are famous and are entitled to protection against dilution, the court found, ruling that a preliminary injunction is necessary to stop further injury to the substantial harm that has befallen Lloyd’s.

In granting Lloyd’s motion for permanent injunction, the court ordered that Ramirez shall be restrained maintaining, owning, operating, or conducting any business through an entity using the words or phrases “Lloyd’s,” “Lloyd’s of London,” and “Certain Underwriters at Lloyd’s of London” or any confusingly similar words or phrases.

Excess Surplus

Interested in Excess Surplus?

Get automatic alerts for this topic.


Source link

Comment (0)

Leave a Comments