cellular data analysis presented by bill mcgirk ctf cellular solutions, llc with dale k. forsythe,...

Cellular Data Analysis

Presented by Bill McGirk CTF Cellular Solutions, LLC

With Dale K. Forsythe, Esq. and Scott W. Stephan, Esq. Wayman, Irvin & McAuley, LLC www.waymanlaw.com

This presentation is the Intellectual property of Cellular Solutions, LLC and may not be reproduced in whole or part without the expressed written consent of Cellular Solutions, LLC. January 2015

http://www.waymanlaw.com/

What is

Cellular Data Analysis?

• Cellular Data Analysis is the process of using a mobile phone’s Communication Data Records, supplied by the mobile phone company, to trace the historic geographical movement of the phone as it moved from place to place.

• ALL Communication Data Records will include voice usage with cellsite locations, some will include text, text content, data and “Cloud” stored information . These records will indicate who called, who was called, time, and length of usage. Direction and movement can be applied.

What Can Cellular Data Analysis

Do For You?

• 1. Confirm the whereabouts of the insured/claimant at the time of the loss. Were they where they said they were?

• 2. Determine if the insured/claimant was ever at the site of a loss. Were they at or near the site where a loss occurred or where a risk vehicle was recovered?

• 3. Determine the associates of an insured/claimant. Who were they in contact with prior to or after a loss?

• 4. Determine the routine of an insured/claimant. Was their activity around the time of the loss normal for them?

What Can Cellular Data Analysis

Do For You?

• 5. Did they stop using their personal phone during the loss period, suggesting an attempt not to be tracked?

• 6. In the event of a burglary or arson were they away from the home as stated?

• 7. Were passengers actually at the accident site or added as “jump-ins” later?

• 8. Confirm the whereabouts and activities of a injured worker. Were they in “course and scope”. Was there “deviation” in their assignment?

BASIC CELL PHONE TECHNOLOGY

Cell structure

• The tower is not in the center of the hexagon, it is between three hexagons. Cellular towers are placed to support each other and the cellular traffic.

Cell Tower Structure

RF Overlap

Cell Structure - Local

Cell Structure - City

Cell Structure - Rural

Cellular Tower Sector Layout

Click icon to add picture

The Tower

0,120,240 30 Degree Offset

The Tower – By the Azimuth


The key to remember when reviewing CDRs is to identify sector orientation, anomalies, patterns of use and other subscriber data which may be relevant. In addition, since sectors are not positioned the same direction in degrees, environmental surveys may also be keys to a successful case. As part of a certified review process, an in-field environmental survey may be necessary to plot a relevant tower.

The Tower

Passing through the tower/cell site

MULTIPLE PROVIDER TOWER

MULTIPLE ARRAY TOWER

TOWER CROSS

TOWER PALM TREE

TOWER CACTUS

TOWER FLAGPOLE

WHERE’S THE CELL TOWER ?

COWS – Cellular On Wheels

Unseen Towers

• DAS – Distributed Antenna System

• Micro Cells - small, harder to detect, 5000ft range

• Pico Cell – smaller still, 1000ft range

• Femto Cell – in your home or office, 100ft range

The System

• GSM – AT&T, T-MOBILE• CDMA – VERIZON, SPRINT• IDEN – NEXTEL (this technology is being fazed

out)

WHEN CELL COMPANIES MERGE

What Does The “G” Mean?

GENERATION• 1G (THE BRICK, BAG PHONE, CAR PHONE,

ANAOLOG)

• 2G (DIGITAL, FIRST FLIP)

• 3G (SMART PHONE, INTERNET, SMS, MMS)

• 4G (LIVE TRANSMISSION)

• LTE – Long Term Evolution (another form of 4G but much faster for DATA)

Vocabulary Of The Cell Phone Industry

• CDRs - COMMUNICATION DATA RECORDS

• CDA - CELLULAR DATA ANALYSIS

• MMS - MULTIPLE MEDIA SERVICE (Pictures & video)

• PTN – PRIVATE TELEPHONE NUMBER (Target Number)

• SIM CHIP - SUBSCRIBER IDENTITY MODULE = GSM (Global Systems Mobile)

• IDEN - PUSH TO TALK (it’s track-able)

• SMS - SHORT MESSAGE SERVICE (Text Messages)

SMS - SHORT MESSAGE SERVICE

(texting while driving)

Vocabulary Of The Cell Phone Industry

• “PINGING” – WHEN A PTN IS MAKING CONTACT WITH A CELL SITE

• LIVE DATA(law enforcement) vs. HISTORICAL DATA(civil)

• AIRPLANE MODE – THE DEVICE IS NO LONGER “PINGING”(searching)

IExif DATA – CELLULAR PHONE PHOTOS

METADATA – CELLULAR PHONE PHOTOS

DATA ABOUT DATA

METADATA – CELLULAR PHONE PHOTOS

A RESOURCE regex.info/exif.cgi

What makes a cell phone choose a

certain cell site?• First, you should separate the concepts of

distance and signal strength. You could be in the balance point of signal strength between towers. You could also be physically equidistant from the towers. Remember that your phone will pick the strongest signal, not the closest tower. This happens in reality all the time...because of line of sight (primarily).

• Second, tower traffic (load) and signal strength are the two primary determinants on which tower is selected.

Billing Records vs. Communication

Data Records (CDRs)

BILLING /TOLL RECORDS COMMUNICATION

DATA RECORDS (CDRs)

• Billing records are only used to establish call usage, they cannot distinguish between towers called. Verizon makes available a record that list “city called from” or “network element”. This is actually a “switch station” and one switch station can control hundreds of towers.

• Communication Data Records or CDRs on the other hand are the heart of Cellular Data Analysis. CDRs will include a longitude and latitude, tower sector (azimuth), the number called and calling, and identification of originating and terminating cell towers.

So, how do we do this?• We first place ALL the cellsites for that cellular

provider on a mapping program.

So, how do we do this?• We then add all the involved locations on the

mapping program.

So, how do we do this?• We then identify all the utilized cellsites in the

period requested.

Verizon Billing Records

Verizon Billing RecordsNetwork Element Name Mobile Directory NumberDialed Digit NumberCall Direction Seizure Dt Tm Seizure Duration Calling Party NumberWest_Jordan ############ ########### F 8/1/2011 8:31 76 ############West_Jordan ############ ########### F 8/1/2011 10:14 3 ############West_Jordan ############ *86 3 8/1/2011 11:38 85 ############West_Jordan ############ ########### F 8/1/2011 11:38 84 ############West_Jordan ############ ########### 3 8/1/2011 12:01 90 ############West_Jordan ############ ########### 6 8/1/2011 12:55 24 ############Saltlake_City ############ ########### F 8/1/2011 12:55 4 ############West_Jordan ############ ########### 6 8/1/2011 13:01 41 ############West_Jordan ############ ########### F 8/1/2011 13:15 80 ############West_Jordan ############ ########### F 8/1/2011 13:30 202 ############West_Jordan ############ *86 3 8/1/2011 13:35 49 ############West_Jordan ############ ########### F 8/1/2011 13:35 49 ############West_Jordan ############ ########### 3 8/1/2011 15:14 34 ############West_Jordan ############ ########### 3 8/1/2011 15:32 34 ############West_Jordan ############ ########### 3 8/1/2011 15:43 34 ############West_Jordan ############ ########### F 8/1/2011 16:05 4 ############West_Jordan ############ ########### F 8/1/2011 17:40 32 ############West_Jordan ############ *86 3 8/1/2011 17:56 25 ############West_Jordan ############ ########### F 8/1/2011 17:56 24 ############West_Jordan ############ ########### 6 8/1/2011 18:20 220 ############West_Jordan ############ ########### 3 8/1/2011 18:25 31 ############West_Jordan ############ ########### F 8/2/2011 9:33 4 ############West_Jordan ############ ########### 6 8/2/2011 11:36 156 ############

Verizon CDRs w/Cell Sites

PORTABILITY

The transfer of one’s PTN (cellular number) from one cellular provider to another without the loss of that PTN.

This mostly occurs with “post-paid” accounts but can occur with “pre-paid” accounts that have a good payment history or longevity within that cellular providers system.

This has increased 5 fold from last year.

MVNO vs. MNOAn MVNO is a secondary seller of airtime/minutes. They buy them in bulk from the MNO. An MVNO does not own any towers, cell sites, or switching equipment.

MVNO-Virgin, TracFone-SimpleMobile, Net10, SafeLink, Consumer Cellular

MNO-AT&T, Verizon, T-Mobile, Sprint/Nextel, Cricket, MetroPCS, USCellular

How can I be sure if it’s an MVNO or an MNO? ASK THE ACCOUNT HOLDER TO LOOK AT HIS BILL OR RECEIPT!!

On your subpoena, court order, or search warrant list BOTH the MNO and the MVNO as your respondent.

An MNO can have a prepaid division within their company.

Pre-Paid Phones vs. Post-Paid Phones

Call Data Records

PRE-PAID PHONES

COMMUNICATION DATA RECORDS

• MOST will not have ANY “billing records”.

• The cellular companies see no reason to maintain records on these types of accounts. When the Insured advises you his billing records are unavailable he’s telling you the truth.

• Call data records or CDRs are maintained on EVERY PTN and are available through the designated legal process.

• We just have to identify the “primary seller”.

Pre-Paid Phones

They ALL produce CDRs

• BOOST - SPRINT

• VIRGIN MOBILE – SPRINT

• ALLTEL – VERIZON

• SIMPLEMOBILE – WAS T-MOBILE NOW IT’S TRACFONE

• JITTERBUG – VERIZON

• INPULSE – VERIZON

• GO PHONE – AT&T

• ONSTAR - VERIZON

Records Retention

Just how long are the CDRs Kept?

• AT&T – From March of 2009 is my latest experience

• SPRINT/NEXTEL/BOOST/VIRGIN – 18 MONTHS

• T-MOBILE – 6 MONTHS

• VERIZON – 365 DAYS

• METRO PCS – 6 MONTHS GSM 12 months CDMA

• CRICKET – 6 MONTHS

• US Cellular – 1 year

• So What Do We Do If We Are Getting Close To The Cut Off Date?

The Preservation Letter

Metro PCS Custodian of RecordsCorporate Security2250 Lakeside Blvd.Richardson, TX 75082Office 1-800-571-1265 Fax 972-860-2635

VIA FAX to (972) 860-2635

Re:18 USC 2703(f) Preservation Request – Subject #XXXXXXXXXX

Dear Madam/Sir:

I am writing to make a formal request for the preservation of records and other evidence pursuant to 18 U.S.C. § 2703(f) pending further legal process.

You are hereby requested to preserve, for a period of 90 days, the records described below currently in your possession, including records stored on backup media, in a form that includes the complete record. You also are requested not to disclose the existence of this request to the subscriber or any other person, other than as necessary to comply with this request. If compliance with this request may result in a permanent or temporary termination of service to the accounts described below, or otherwise alert the subscriber or user of these accounts as to your actions to preserve the referenced files and records, please contact me before taking such actions.

This request applies only retrospectively. It does not in any way obligate you to capture and preserve new information that arises after the date of this request.

This preservation request applies to the following records and evidence:

A. All stored communications and other files reflecting communications to or from user account/user name Subject #XXXXXXXXXX between the creation of the account and the present; B. All files that have been accessed by user account/user name or Subject #XXXXXXXXXX or are controlled by user accounts associated with Subject between the XXXXXXXXXX creation of the account and the present;C. All connection logs and records of user activity for user account/user name or Subject between the #XXXXXXXXXX creation of the account and the present, including;

The Preservation Letter

1. Connection date and time; 2. SMS and MMS communications (both incoming and outgoing); 3. User name associated with the connection and other connection information, including the Internet Protocol address of the source of the connection; 4. Telephone caller identification records; 5. Records of files or system attributes accessed, modified, or added by the user;

D. All records and other evidence relating to the user account/user name Subject # XXXXXXXXXX between the creation of the account and the present, including, without limitation, subscriber names, user names, screen names or other identities, mailing addresses, residential addresses, business addresses, e-mail addresses and other contact information, telephone numbers or other subscriber number or identifier number, billing records, information about the length of service and the types of services the subscriber or customer utilized, and any other identifying information, whether such records or other evidence are in electronic or other form. E. Any other records and other evidence relating to user account/user name or Subject # XXXXXXXXXX between the creation of the account and the present. Such records and other evidence include, without limitation, correspondence and other records of contact by any person or entity about the above-referenced account, the content and connection logs associated with or relating to postings, communications and any other activities to or through user account/user name or Subject # XXXXXXXXXX, whether such records or other evidence are in electronic or other form.

Sincerely,

Bill McGirk CFE, CTFCellular Solutions, LLC1-928-277-1178 office1-928-925-8690 cell1-877-570-2212 fax

• [email protected]

AT&T • Maintains CDRs for 5 years

• Will except a preservation letter from a non-governmental agency

• Provides cellsite location for VOICE, SMS, and DATA

• No SMS content, but may be available on the “Cloud”

• Presently taking 2 to 3 weeks to produce CDRS

• ALL AT&T CDRs are now reported in UTC

AT&T DATA

• AT&T Proprietary• The AT&T network constantly communicates with

internet enabled devices when they are powered on. • These communications will show as data usage on

the• customer records but do not necessarily indicate a

customer initiated a transaction.

• AT&T does not retain records that can definitively show whether a transaction was customer initiated or AT&T's network initiated the data transaction.

Verizon

• Maintains CDRs for 365 days – period!


• Provides cellsite location for VOICE only. SMS, and DATA are reported by time only



Sprint

• Maintains CDRs for 18(pre-paid) to 24 months (contract)


• Provides cellsite location for VOICE only.

• SMS, and DATA• are reported by CST regardless of location



T-Mobile• Maintains CDRs for 180 days – period!

• Will NOT except a preservation letter from a non-governmental agency

• Provides cellsite location for VOICE only.

• SMS, and DATA are reported by time only in PST.

• CDRs are by the MCS (switch) that handled the call regardless of location.

• No SMS content & No “Cloud” at this time.


MetroPCS



• Provides cellsite location for VOICE only. SMS, and DATA are reported by time only, BUT they can be reported utilizing T-Mobile cellsites now, then T-Mobile rules apply.

• SMS content is available for 60 days only.


Cricket




• SMS content is for 60 days


US Cellular




• No SMS content.


Foundation questions

• Who was your provider at the time of the loss? We can determine who their MNO is by just the PTN.

• When this loss occurred did you have your cell phone with you? (If they answered that they have more than one phone, which phone did they have with them)?

• Besides your cell phone are there other cell phones in the household? (If so what are their cell numbers)?

• Did you have more than 1 cellphone on the date of the loss? If so what is the PTN?Is this a post paid account (a regular account) or a “pay as you go phone”.

• Do you ever lend your phone to family or friends? (If yes, did you lend your phone on the date of this loss?)

• Are you willing to sign a voluntary consent so we may obtain your cell phone’s Call Data Records? (We are not asking for their billing records.) NOTE THE REACTION

Foundation Questions

Continued• What kind of phone do you have? I-Phone, Android, Galaxy.

• What is the model?

• THE REASON YOU ARE ASKING THIS IS DIFFERENT PHONES HAVE DIFFERENT CAPABILITIES.

• I-Phones can “I-Chat” which utilizes “Wi-Fi” or “hotspots” and the cellsites are by-passed and not identifiable.

• We can see this as a DATA usage it can only be tracked with AT&T CDRs.

• Do they utilize WI-FI on their phone at home? Do they utilize a “hot-spot”. Do they utilize a VOIP such as Magic-Jack or Vonage?

• These calls will not utilize a cellsite. This is still a very low percentage of our calls analyzed. WI-FI or “hotspots” are very seldom at the recovery locations.

Consent By Subscriber Why?

• It is helpful in the legal proceedings to show we have the “consent” of the Insured to obtain their CDRs! The courts & the cellular providers feel this way also. It saves time AND money!! No notification involved.

• Why can’t I use my companies consent? It’s not cellular provider specific and they are generally VERY broad in scope.

• What if they refuse to sign it? In CA you must have consent or a court order is required. In other states you can proceed it will take a little longer due to notifications by the court and the cellular provider. Each company must decide where they stand on this issue.

• Can I deny the claim if they don’t sign the consent? That’s up to your Company, obtain a legal opinion.

• What if they withdraw their claim? Just because they walk away doesn’t mean you should too, the statute will run longer than the life of the CDRs, if they reopen their claim you will have lost your evidence. At the very least get out a preservation letter.

The ConsentCONSENT TO DISCLOSE AND RELEASE FORM TO

SPRINT/NEXTEL/BOOST MOBILE

The undersigned hereby consent(s) to the release and transmittal to _ACME INSURANCE__

and it’s representative Cellular Solutions, LLC (hereinafter referred to as "the

Company") any information related to the cellular call detail, text message detail and tower

cellular site information relating to my cellular and residential phone numbers __555-444-3333__for

the time period of __1/1/2013__to _1/5/2013_.

The undersigned further authorize(s) and direct(s) any person who is presented a copy of thisform to promptly deliver to the Company any of the information upon the Company's request.

"ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENTCLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY

BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON"(this can be changed or omitted if needed)

(Subscriber Name)___John Doe______

(Subscriber Signature)__X______________

(Billing Address)__201 Axis Lane, Spanky, TN 86921___

(Claim No.)__3-164-POU654_____

The Consent

(Must now be notarized)STATE OF _________________ ) ) ss. ) COUNTY OF _________________

On this ___ day of____________ ,2013, before me,__________________________________ ,a notary public in and for the County of _____________________, State of ____________, residingtherein, duly commissioned and sworn, personally appeared________________________________known to me to be the person whose name is subscribed to the within instrument, and acknowledgedto me that he executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thedate and year in this Certificate first above written.

_______________________________Notary Public

The Process

Petition to Obtain Records

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY

PENNSYLVANIA

PETITION

TO: AT&T Mobility (Cingular)

Court Orders11760 US Highway One

Mail Stop: Suite #600 N. Palm Beach, FL 33408

Kindly open a miscellaneous docket for the above-captioned party for purposes of obtaining cellular phone

records and data.

Respectfully submitted,

WAYMAN, IRVIN & McAULEY, LLC

_______________________________Scott W. Stephan, Esquire

XXX INSURANCE COMPANY, by their representative, CELLULAR SOLUTIONS, LLC, Petitioners,

v.

AT&T MOBILITY (CINGULAR), Respondent.


PENNSYLVANIA

CIVIL DIVISION No. G.D. 20xx - xxxxxx PETITION Filed on behalf of Petitioners Counsel of Record for these Parties: Scott W. Stephan, EsquirePa. ID No. 43713 Wayman Irvin & McAuley, LLCFirm ID No. 583 Three Gateway Center, Suite 1700401 Liberty AvenuePittsburgh, PA 15222-1004 (412) 566-2970 - Telephone(412) 391-1464 – Facsimile

XXX INSURANCE COMPANY, by their representative, CELLULAR SOLUTIONS, LLC,

Petitioners, v. AT&T MOBILITY (CINGULAR), Respondent.

JURY TRIAL DEMANDED


PENNSYLVANIA

NOTICE OF PRESENTATION

TO: AT&T Mobility (Cingular) National Subpoena Compliance Center

P. O. Box 24679 West Palm Beach, FL 33416

KINDLY TAKE NOTICE that Respondent’s Petition to Obtain Cellular Phone

Records and Data will be presented to the Honorable R. Stanton Wettick, Jr. of the Court

of Common Pleas of Allegheny County, Pennsylvania, in Courtroom 815 on Friday, June

21, 2013 at 2:00 p.m., or as soon thereafter as may suit the convenience of the Court.


WAYMAN, IRVIN & McAULEY, LLC

_______________________________ Scott W. Stephan, Esquire

XXX INSURANCE COMPANY, by their representative, CELLULAR SOLUTIONS, LLC, Petitioners, v. AT&T MOBILITY (CINGULAR),

Respondent.


PENNSYLVANIA

PETITION TO OBTAIN CELLULAR PHONE RECORDS AND DATA

AND NOW comes, XXX INSURANCE COMPANY, by their Representative, CELLULAR SOLUTIONS, LLC, by and through their attorneys, WAYMAN, IRVIN & MCAULEY, LLC, and files the following PETITION TO OBTAIN CELLULAR PHONE RECORDS AND DATA:

1. Petitioner, XXX INSURANCE COMPANY (herein after referred to as “XXX”), does business throughout the United States and specifically within the Commonwealth of Pennsylvania.

2. Likewise, Respondent, AT&T MOBILITY (CINGULAR), does business throughout the United States and specifically within and throughout the Commonwealth of Pennsylvania.

3. At all material times hereto, XXX provided auto liability insurance for a 2007 Ford F150 registered to xxxxxxxxxxx policy number xxxxxxxxxxxx.

XXX INSURANCE COMPANY, by their representative, CELLULAR SOLUTIONS, LLC, Petitioners, v. AT&T MOBILITY (CINGULAR), Respondent.

CIVIL DIVISION No. G.D. 20xx - xxxxxx

4. xxxxx and xxxxxxx xxxxx are husband and wife and reside at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. They are also both insureds under the aforementioned policy.

5. During the early morning hours of March 2, 2013, the subject vehicle was allegedly stolen from the corner of xxxx and xxxx Streets, Philadelphia, Pa.

6. The subject vehicle was subsequently found later in xxxxxxxxxx, Mass. It had been damaged by fire to the point that it was later declared to be a total loss.

7. The insureds have filed a claim with XXX under claim number xxxxxxxxxx.

8. XXX is currently conducting an investigation of the claim.

9. While XXX does not currently anticipate the need for the xxxxx to file suit regarding the above-referenced loss, in order to complete its investigation of the xxxxx’s claim, XXX believes that it is necessary to file this Petition.

10. Part of XXX’S investigation would include retrieving and analyzing the cellular phone records and data of the cellular phones of xxxxxxxxxxx [(xxx) xxx-xxxx] and xxxxxxx xxxxx [(xxx) xxx-xxxx].

11. The cellular provider for each number is AT&T MOBILITY (CINGULAR).

12. The xxxxx have executed an Authorization consenting to the disclosure and release of the pertinent cellular phone records and data. (Attached hereto as Exhibit “1” is a copy of the pertinent Authorization.)

13. Pursuant thereto, XXX requests that this Court enter an Order requiring and compelling AT&T MOBILITY (CINGULAR) to furnish records of any and all cellular phone activity of

` xxxxx xxxxx [(xxx) xxx-xxxx] and xxxxxx xxxxx [(xxx) xxx-xxxx] from February 28, 2013 through March 3, 2013. Such Order should include:

A. A detailed account of all phone calls, SMS messages, MMS messages, and data communications made from or to the said cellular phone numbers;

B. A detailed account of the times and durations of all phone calls, SMS messages, MMS messages and data communications made from or to the said cellular phone numbers;

C. A detailed account of other phone numbers to which or from which phone calls, SMS messages, MMS messages, and data communications were made;

D. Any and all call detail records, including maps and information regarding cell towers involved in the phone calls, SMS messages, MMS messages and data communications activity;

E. Any and all sector identification information including the directional angle of each tower;

F. Cell site(s) activation(s);

G. Number(s) dialed;

H. Incoming number(s);

I. Subscriber(s), Electronic Serial Numbers (ESN) and billing information for the specified cellular/wireless telephone;

J. An engineering map, showing all cell-site tower location(s), sectors, and orientation(s), and a list of any and all applicable cellular site(s) numbers, locations, addresses, latitude and longitude of any said sites, said cellular sites lists, latitude and longitude also in electronic EXCEL format;

K. Subscriber’s ESNs and billing information for any other cellular/wireless telephones on these accounts or that may be identified from these records;

L. Any data held within the AT&T Mobility (Cingular) Cloud to include SMS messages, MMS messages, and e-mail communications;

M. A detailed definitions page which identifies all information in the records;

N. That all call detail, subscribed, numeric message(s), alpha numeric message(s) and any related records and/or access for the specific data from the specific time periods within the confines of this Order, be provided in an electronic EXCEL format;

O. This Order should apply to the actual physical analysis, as necessary for the collection of said data and/or information of the actual telecommunications device (cellular phone, pager, etc.) itself, associated with the number(s), accounts, etc. which is the subject of this Order, and;

P. This Order should apply to any and all companies which may provide and/or carry wireless/telecommunication subject for the target mobile numbers. This may be required because of number portability and/or if the original carrier is modified due to roaming and/or other considerations/reasons.

Q. A certification from AT&T Mobility (Cingular) certifying the records produced are the true and correct records per the order outlined above.

WHEREFORE, XXX INSURANCE COMPANY prays that this Court enter an Order authorizing XXX, through its representative, CELLULAR SOLUTIONS, LLC, to recover the requested cellular records and data from AT&T MOBILITY (CINGULAR) as outlined above.


____________________________________Scott W. Stephan, EsquireCounsel for XXX INSURANCE COMPANY


PENNSYLVANIA

ORDER OF COURT

AND NOW, to-wit, this _______ day of ____________________, 2013, in consideration of

the foregoing Petition to Obtain Cellular Phone Records and Data, it is hereby ORDERED that

Respondent, AT&T Mobility (Cingular), is required to furnish, within the next 20 days, records of any and all phone activity of xxxxxx xxxxx ((xxx) xxx-xxxx) and xxxxxx xxxxx ((xxx) xxx-xxxx), from

February 28, 2013 through March 3, 2013, inclusive. Information and data to be provided include, but

are not limited to, those items as set forth in paragraph 12 and sub-paragraphs A through L of paragraph 12 of the foregoing

Petition, which is incorporated into and made a part of this Order.

IT IS FURTHER ORDERED that this Order should apply to the actual physical analysis, as necessary for the

collection of said data and/or information of the actual telecommunications device (cellular phone, pager, etc.) itself, associated

with the number(s), accounts, etc. which is the subject of this Order. This Order should also apply

to any and all companies which may provide and/or carry wireless/telecommunication subject for the target mobile numbers, to

the extent that this may be required because of number portability and/or if the original carrier is modified due to roaming

and/or other considerations/reasons.

BY THE COURT: _________________________________ J.

XXX INSURANCE COMPANY, CIVIL DIVISION by their representative, CELLULAR G.D. 20xx - xxxxxx

SOLUTIONS, LLC, Petitioners,

v. AT&T MOBILITY (CINGULAR),

Respondent

•

•

•

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the within Petition to Obtain Cellular Phone Records and Data has been served on the following by both Facsimile and U.S. First Class Mail, postage prepaid, on this 11th day of June, 2013 as follows:

AT&T Mobility (Cingular)Court Orders11760 US Highway One Mail Stop: Suite #600N. Palm Beach, FL 33408


_

Scott W. Stephan, Esquire

Additional Considerations

What if insured refuses to sign the authorization?


Duty To Cooperate

Cooperation Clause

• Contained in virtually every homeowner policy

• Designed to protect the insured’s financial interest, but also to prevent collusion between insured and claimant

• Requires policy holder to accept certain conditions in order to have coverage


Duty to Cooperate

Provision entitled “Duties After Loss,” “An Insured’s Duties After Loss,” or “Cooperation.”

(1) cooperate with the insurance company in the investigation

(2) give notice of the claim

(3) protect the property from further damage

(4) notify the police in case of theft

(5) provide the insurance company with records and documents

(6) submit a sworn proof of loss

(7) submit to examinations under oath


Duty to cooperate

BUT:

Does not give carrier unfettered power to do whatever it wants, impose its will

Courts have placed safeguards to protect against abuse

Must show prejudice before carrier can disclaim

Insurer’s own behavior must be in compliance with policy


Duty to cooperate

Verdetto v. State Farm Fire & Cas. Co., 837 F.Supp. 2d 480 (MD Pa. 2011).

- finding of no bad faith or breach on part of carrier- refusal to cooperate voided renter’s policy

Reasonable basis for investigation – red flags:fire was ruled an arson

policy less than six months oldhistory of late payments on policynumber of high end items despite new residencefire marshal did not see much personal property


Verdetto v. State Farm Fire & Cas. Co., 837 F.Supp. 2d 480 (MD Pa. 2011) (continued)

• Sent to SIU – investigator sought authorization for release of financial information and telephone records under the terms of policy – refused.

• Reservation of rights letter sent; EUO conducted – still no authorizations

Breach FoundRequested records were critical to ruling out the Verdettos as suspects in

the arson and insurance fraud

Contractually bound to provide any requested documentation

Significant departure from terms of policy and substantially prejudiced carrier

Requested financial and telephone documents found to be equally material and refusal was prejudicial to carrier’s interest.


Duty to Cooperate

Insured has duty to cooperate in good faith with insurer’s investigation of covered loss:

- Compliance is to be determined by reasonableness

- An honest effort to produce documents requested by the insurer

Butler Candy Co. v. Springfield Fire & Marine Ins. Co., 296 Pa. 552, 146 A. 135 (Pa. 1929).


Duty to Cooperate

Failure to cooperate excuses coverage obligations if breach is material an prejudicial to insurer’s interests, not a “mere technical departure.”

Habecker v. Peerless Ins. Co., 2008 U.S.Dist. Lexis 6861 (M.D. Pa. Jan. 30 2008).

Pennsylvania requires that the prejudice be demonstrated and not presumed. Prudential Property and Casualty Co. v. Erie Ins. Co., 660 F. Supp. 79 (E.D. Pa.

1986).

Insured’s breach must result in prejudice without distinguishing between first- and third-party policies.

Paxton Nat’l Ins. Co. v. Brickajlik, 513 Pa. 627, 552 A. 2d 531, 532 (Pa. 1987).


Venue of Petition - Directed at the service provider

- where phone carrier conducts business

- where customer’s contract is written

- where customer is located

BACK TO BILL McGirk

The Process - Costs $$$

1. Attorney – This varies depending on use of staff counsel, approved counsel, or by recommendation.

2. Court Fees – In your state they are $????

3. Cellular provider records release fees – varies based on the provider and the amount of records requested, $50 to $175.

4. Cellular Data Analysis – depends on number of PTNs and the number of days of analysis.

• Call, discuss the wants and needs, and get an estimate.

The Steps Again1. Determine the file is a candidate for Cellular Data Analysis (exposure, prior losses (ISO), bad statement, EUO.) Please keep the timeframes in mind!

2. Establish the foundation. (verify that the target PTN device is in their possession at the time of the loss.)

3. Verify the target number’s Provider at the time of the loss.

4. Get a Consent for that Provider and get it signed and notarized.

5. Place that Consent with an Atty. and instruct them to start a motion to perpetuate testimony action (if this is a litigated file go straight to the Judge for a Court Order, no consent is required.)

6. If this is a file involving Law Enforcement see if they will assist. CLEAR THIS WITH YOUR COMPANY AND IT’S POLICIES IN THIS AREA.

7. Get the subpoena or Court Order and consent to the cellular carrier’s subpoena/court order compliance division.

8. With the CDRs in hand complete the Cellular Data Analysis.

QUESTIONS ????????????

If you think of a question later later call me @

928-277-1178

or

928-925-8690

or

[email protected]

Wayman, Irvin & McAuley, LLC

401 Liberty Avenue3 Gateway Center, Suite 1624

Pittsburgh, PA 15222(412) 566-2970

Fax: (412) 391-1464

www.waymanlaw.comDale K. Forsythe, Esq. - [email protected] W. Stephan, Esq. - [email protected]

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http://www.waymanlaw.com/

mailto:[email protected]

mailto:[email protected]

Wayman, Irvin & McAuley, LLCFounded in 1965, Wayman, Irvin & McAuley, LLC, has earned its reputation for zealous representation of clients in a diverse range of legal matters. Concentrating in the area of insurance defense for over 45 years, the firm has represented insurance carriers and their insureds in all state and federal courts in Pennsylvania, Ohio and West Virginia. We understand the insurance business and the unique needs of the carrier, the broker and the risk manager. Please visit our Web site, www.waymanlaw.com for a more detailed look at the firm’s capabilities and staff as well as a wealth of resource materials.

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Disclaimer This material is prepared for information/educational

purposes only. It is not intended as legal advice, nor should it be construed as or relied upon as legal advice. You should consult with counsel before embarking on any course of conduct or refraining from any activity that may entail legal consequences. Although the above was prepared on the basis of the state of the law of Pennsylvania or other states as noted, as of the date of preparation, the law is subject to interpretation and may change in the future. Therefore, absolutely no representations are made relative to any specific legal situation or the application of law to any specific facts. NO EXPRESS OR IMPLIED WARRANTIES ARE INTENDED OR MADE.

The foregoing is not intended to be a complete and exhaustive review of each and every reported or unreported decision issued by Pennsylvania Courts, state and federal, on the issues presented. Rather, the foregoing is intended as an overview of some of the recent and significant decisions with respect to these issues.

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cellular data analysis presented by bill mcgirk ctf cellular solutions, llc with dale k. forsythe,...

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