Letter to the
Pennsylvania Insurance Department


This letter is my request to have the Pennsylvania Insurance Department review the non-renewal of my auto insurance policy. I don't expect to win, but I have to try. I think the strongest point of this letter is that no court has found me in violation of the law in driving without a license, so my insurance company is in error when it bases their non-renewal on that premise. Without a court finding, I can, at worst, only be alleged to be breaking the law, and allegations are little more than opinions.

I continue to keep the state police copied on all this correspondence, so they know I am driving without a license, and invite them to contact me if they feel I am violating any law. That may help me down the road (so to speak).

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

This Web Page: http://www.cjmciver.org/sapf/penninsdept1.shtml

All information presented here is done so under the protection of the First, Fourth, Ninth, and Tenth Amendment of the United States Constitution, and article I section 2 of the Constitution of the Commonwealth of Pennsylvania. Furthermore, as established in the famous trial of William Penn in August 1670, and contrary to the unlawful instructions given by most American judges, in addition to judging the facts of a case, juries also have the right and duty to pass judgement on the law (meaning they may acquit a violator of the law if they believe the law in question is unconstitutional, immoral, just plain stupid, or if the penalty is deemed too harsh). Juries are also lawfully free to vote according to their conscience, above all other considerations.