Cornelius J. McIver
[my address]
Pennsylvania Insurance Department
[their address]
June 6, 1999
Certified Mail No. Z XXX XXX XXX
Re: Automobile Insurance Non-Renewal
Dear Sirs,
Please find enclosed a "Notice of Cancellation or Refusal to Renew" I received from my
Insurance carrier, [my insurance company]. They have indicated their intent to not renew
my auto insurance policy. This letter serves as notice of my desire that you review
their action and issue such notice as they would respect to continue my auto insurance
policy.
Please be advised that the circumstances at hand are probably very unique, and involve
what I believe are illegal and unconstitutional actions on the part of PennDOT and the
Bureau of Driver licensing. Your cooperation & special consideration in this matter
are most appreciated.
I moved to Pennsylvania, to my present address in July, 1998, from Maryland, and
have possessed a Maryland driver license for many years. [My insurance company] has
been my carrier of choice for about the last 5 years. My driving record, as
evidenced by my now expired Maryland license is near perfect.
I attempted to obtain a driver license from PennDOT in August 1998, but my
application was refused because I do not have a social security number. Please note
that PennDOT did not refuse to give me a license. Rather, they refused to accept my
application for a license. The sole reason for their refusal was that I presented
no social security number.
Since that time, I have been attempting to get PennDOT to recognize the lawful
limitations of their ability to solicit & use social security numbers, as per the
Privacy Act of 1974. I'm also attempting to show that their discrimination against
me solely on the grounds that I have no social security number is unconstitutional
and illegal. Furthermore, I am attempting to show that social security numbers fall
under federal jurisdiction, and for that reason, the Commonwealth cannot lawfully
compel anyone to apply for a social security number, or make the application for
such number a condition for receiving a driver license. My reasons for not wanting
a social security number are not at issue, but federal law and the Social Security
Administration both clearly show that citizens are not required to have a social
security number to live or work in the United States.
My efforts to obtain a driver license from the PennDOT are still ongoing as of this
date, in the form of administrative appeal, as evidenced by the more recent copies
of correspondence I have enclosed. Because I believe the actions of PennDOT
constitute illegal discrimination and have no legal basis, I maintain that I still
enjoy the same right to the road I always have since I first obtained a license 17
years ago. I firmly advocate PennDOT is not empowered to take that right from me
over a groundless cause. Therefore, I continue to drive, as is necessary for me
to live, and I maintain I do so legally, even though my Maryland license expired
in November 1998.
[My insurance company's] stated reason for non-renewal, as found on the enclosed form,
reads:
"We requested you provide us with your Pennsylvania driver's license number. To
date, we have not received it. Since we cannot properly rate or underwrite your
policy because you are in violation of Pennsylvania law, we are not renewing your
Automobile Policy."
[My insurance company] is in error in concluding that I am in violation of
Pennsylvania law. Only a court of competent jurisdiction can make this
determination. [My insurance company] is completely unqualified to make such
a determination on it's own, and making such a claim without a court finding
could be construed as libel and/or defamation. Since [my insurance company] has
failed to supply any court case supporting this claim, it cannot be used as
grounds to discontinue my auto insurance policy.
I am not familiar with the extent or basis of your authority in this matter, or
what powers you have to compel [my insurance company] to continue my insurance policy,
but I infer from the notice that they will do what you tell them to do. Therefore,
I urge you to compel [my insurance company] to continue my policy, on the grounds that
they are unqualified to make a legal determination of my driving status. My
request that you review this action should not be construed as a waiving of any
of my rights, or that I consent to be legally bound by any decision you might
make, as I specifically reserve any and all rights for myself as authorized by
law. If my reservation of rights prohibits you from reviewing this action,
please notify me of those details at the earliest opportunity.
I look forward to your response, and thank you for your time.
Sincerely,
[signed]
Cornelius J. McIver
Encl: copy, Notice of Cancellation or Refusal to Renew, [my insurance company] dated May 12, 1999
Encl: copy, My letter to PennDOT, dated May 27, 1999
Encl: copy, PennDOT letter to me, dated April 26, 1999
Encl: copy, My letter to PennDOT, dated April 2, 1999
Encl: copy, PennDOT letter to me, dated February 25, 1999
Cc:
[my insurance company]
Department of Transportation
State Senator Michael Waugh
Pennsylvania State Police