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December 19, 2012 (Recessed Meeting) Page 1362 <br />Small: I didn't submit it personally, but I've been told that - <br />Poole: Cabarrus County. <br />Small: that's - that's on my app. <br />Poole: I think - did you have to sign it? <br />Small: I believe I did sign it. <br />Poole: Okay. And the bonding - from Penn National - the bond from them was <br />denied, that's correct. Is that correct? <br />Small: That's what I've been told. <br />Poole: We asked you in our previous meeting if you would contact Penn <br />National and find out why you were denied for that bond, is that correct? <br />Small: That is correct. <br />Poole: And did you contact Penn National? <br />Small: I did. <br />Poole: How did you contact Penn National? <br />Small: By telephone. <br />Poole: Okay and did you get a response? He wasn't here. <br />Small: I did not. <br />Poole: Did you, by chance, request in writing to get a response from them or <br />follow up from them at any time after our meeting on December the 3rd? <br />Small: I did not because your Risk Manager sent an e -mail informing me that <br />they wouldn't discuss the bond with anyone including the applicant. <br />Poole: Will you - after Penn National - you applied as on your own behalf to <br />CNA /Western, is that the right name? <br />Small: I believe that was the first of many bonds I had secured. <br />Poole: Okay. I only know of a few. You can add more if you want to, I only <br />know of a few. CNA /Western was the next one that we were told about. And <br />did you - did you get a bond from CNA /Western? <br />Small: Yes. <br />Poole: CNA /Western though is not the bond that you are bringing to us today. <br />Small: That's correct. <br />Poole: Did you cancel or withdraw your application with CNA /Western, what's <br />the status with that? <br />Small: That bond was cancelled, I believe. <br />Poole: When you applied to CNA /Western did you make a full disclosure of all <br />North Carolina State Bar issues that you currently have? <br />Small: I don't recall. <br />Poole: What was the reason that you decided to go to the next company, which <br />was Liberty Mutual? <br />Small: Because this Board was requesting additional amendments to the bond <br />that just simply weren't going to be accomplished given the timeframe that <br />they had requested. <br />Poole: Okay, then on December the 3 you came back with us and you had your <br />agent, I believe his name was David Cash, is that right? <br />Small: I believe that's correct. <br />Poole: I'm not real good with names, so that's why, correct me if <br />(inaudible). And that was a bond with Liberty Mutual. <br />Small: I believe that's correct. <br />Poole: And that is not the bond that you are bringing to us today. <br />Small: Correct. <br />Poole: What is the status of the bond that you had with Liberty Mutual? Did <br />you cancel it, did you withdraw it, was it denied, what was the status of it? <br />Small: I requested that it be cancelled, I'm not sure that it has been done. <br />Poole: You requested of your agent or you requested of Liberty Mutual? <br />Small: I requested of the agent who crafted the bond. <br />Poole: You requested that Mr. Cash cancel - I want to make sure I have the <br />right term - cancel Liberty Mutual. <br />Small: Cancel the Liberty Mutual bond. <br />Poole: With Liberty Mutual did you make a full disclosure of all NC State <br />Bar issues that you have - that you currently have. <br />Small: That was done here, again, on the record with the meeting, I don't <br />recall the date. Yes, that was done here. <br />Poole: Today you are before us with a bond from State Farm. <br />Small: Yes. <br />Poole: Is that correct? <br />Small: That is correct. <br />Poole: Do you have with you the original application to State Farm? <br />Small: I don't know if I have the original ... I have - <br />Poole: Well I mean a copy of the original. <br />Small: I have the same copy I believe that has been distributed to this <br />Board. <br />Poole: Okay, I was under the impression that you had filed an amended <br />application to State Farm. <br />Small: I - that is correct - it is my understanding that had been forwarded <br />already to this Board. I can certainly provide another copy. <br />Poole: If you could please, I would appreciate that. What I'm trying to <br />ask, what I'd like to see, I would like to see your original application to <br />State Farm and your amended application. I don't know the difference; I have <br />absolutely no knowledge of the difference. I just know that I was told there <br />