L&W INVESTIGATIONS, LYONS & WOLIVAR, LWI, INC. SUED IN FEDERAL COURT BY IT’S OWN INSURANCE COMPANY FOR MISREPRESENTATION!

DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations was SUED in UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS by its own Errors & Emissions Insurance Company, NAVIGATORS SPECIALTY INSURANCE COMPANY on June 5, 2009.

For more information, please contact the attorneys for the plaintiff directly:
Katherine L. Kenny, Esquire
BBO#637304
PEABODY & ARNOLD LLP
Federal Reserve Plaza
600 Atlantic Avenue
Boston, MA 02210
(617) 951-2100
(617) 951-2125 (facsimile)

Richard A. Simpson
WILEY REIN LLP
1776 k Street, NW
Washington, DC 20006
(202) 719-7000
(202) 719-7049 (facsimile)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
__________________________________
NAVIGATORS SPECIALTY INSURANCE )
COMPANY, )
Plaintiff, )
v. ) Case No. 1:09-cv-10958
LYONS & WOLIVAR, INC., LWI, INC., )
NEAL LYONS, R. SCOTT CROWELL, )
STUART LARIMER, ANNE LYONS, )
MARK W. GREEN, STEVEN S. BUTLER, )
STEPHEN D. HALE, RICHARDSON )
BRADSHAW UNZ, NORTHERN )
CALIFORNIA INVESTIGATIVE )
SERVICES, LLC, WN HOLDINGS, LLC, )
MICHAEL GIERE, MCG ENTERPRISES, )
INC., and BRETT SAMPSON, )
Defendants. )
______________________________________ )

COMPLAINT FOR DECLARATORY JUDGMENT AND
TO RESCIND CERTAIN INSURANCE POLICY

Navigators Specialty Insurance Company (“Navigators”), for its Complaint for
Declaratory Judgment and to Rescind Certain Insurance Policy, alleges on knowledge, information and belief as follows:

NATURE OF THE ACTION

1. Navigators files this action to obtain a judicial determination and declaration as to the parties’ rights and obligations under Miscellaneous Professional Liability Insurance Policy No. NY08MPL464728NC originally issued by Navigators to Lyons & Wolivar, Inc. (“Lyons & Wolivar” or the “Firm”) for the policy period April 1, 2008 to April 1, 2009 with the policy period later extended by endorsement to May 15, 2009 (the “Policy”). A true and correct copy of the Policy is attached hereto as Exhibit A.

2. An actual and justiciable controversy has arisen and now exists relating to the parties’ respective rights, duties and obligations under the Policy.

3. In particular, Navigators seeks a declaratory judgment (i) that Navigators is entitled to rescind the Policy because of material misrepresentations in the application for the Policy submitted by Lyons & Wolivar; (ii) that there is neither coverage for nor a duty to defend any insured against any claims tendered under the Policy, and in particular for claims asserted in connection with the Butler claim, the WN Holdings claim, the Giere claim and the Sampson matter noticed under the Policy as Claim Nos. MPL176456, MPL176740, MPL176965 and MPL177024, respectively; and (iii) that Navigators is entitled to recover amounts paid in settlement and defense costs in connection with claims tendered for coverage under the Policy.

PARTIES

4. Plaintiff Navigators is a corporation organized and existing under the laws of the State of New York and its principal place of business in New York, New York. Navigators legally transacts insurance business in the Commonwealth of Massachusetts and within the geographical jurisdiction of this Court.

5. Defendant Lyons & Wolivar is a corporation organized under the laws of the
State of California, with its principal place of business at 112 Turnpike Road, Suite 301, Westborough, Massachusetts 01581. Lyons & Woliver merged into LWI, Inc. (“LWI”) on or about January 21, 2009.

6. Defendant LWI is a corporation organized under the laws of the State of Nevada, with its principal place of business at 112 Turnpike Road, Suite 301, Westborough, Massachusetts 01581. (Cont)

Hopefully, all prospective buyers of this franchise find the negative comments and Press Releases among the thousands of positive Press Releases and Comments about L&W Franchise.

If I remember correctly, this particular franchise opportunity was conceived around a dinner table and two retired FBI officers were original members of its Board of Directors but jumped ship when they “smelled” fraud in the air.

L&W INVESTIGATIONS, LYONS & WOLIVAR, LWI, INC.
DENIED ABILITY TO SELL FRANCHISES IN CALIFORNIA!

DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations was DENIED the legal authorization to market any franchise offering within the State Of California. California Department of Corporations has DENIED Lyons renewal application indefinitely due to their extremely poor financial condition.

For more information, please contact the California Department of Corporations directly at 866-275-2677.

Lyons is also facing catastrophic lawsuits from victim Franchisee’s across North America. Neal Lyons continues his attempt to Market Franchises to the Trusting and Ill-informed Consumer.

On April 10, 2009, Utah Plaintiff B. Sampson filed a lawsuit in the
FIFTH DISTRICT COURT, WASHINGTON COUNTY, STATE OF UTAH.
Citing the following;
1. BREACH OF CONTRACT;
2. UNJUST ENRICHMENT;
3. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING;
4. FRAUD.

On April 8, 2009, Virginia Plaintiff M. Giere and MCG Enterprises, Inc. filed a lawsuit in the CIRCUIT COURT OF THE COUNTY OF FAIRFAX VIRGINIA.
Case number 2009-05161 citing the following;
1. VIOLATION OF VIRGINIA RETAIL FRANCHISING ACT;
2. FRAUD;
3. FRAUDULENT SUPPRESSION OF FACT;
4. UNLAWFUL OFFERS;
5. FALSE PROMISE;
6. PROHIBITED PRACTICES;
7. BREACH OF CONTRACT;
9. UNJUST ENRICHMENT.

On March 19, 2009, California Plaintiff’s S. Butler, S. Hale, R. Unz and Northern California Investigative Services, LLC.
Filed a Breach of Contract lawsuit alleging the following;
1. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
2. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
3. INTENTIONAL MISREPRESENTATION;
4. NEGLIGENT MISREPRESENTATION;
5. FALSE PROMISE;
6. FRAUDULENT SUPPRESSION OF FACT;
7. UNFAIR BUSINESS PRACTICES;
8. BREACH OF CONTRACT;
9. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
10. UNJUST ENRICHMENT

On March 26, 2009, Nevada Plaintiff’s D. Walker and WN Holdings, LLC. Filed similar charges in the DISTRICT COURT OF CLARK COUNTY NEVADA.
Case number 09-A-583714. Original filings may be viewed at:
http://courtgate.coca.co.clark.nv.us/DistrictCourt/asp/CaseNo.asp

Neal Lyons, President / Treasurer, Anne Lyons, Secretary / Director,
Scott Crowell, Director, Mark Green, Director and Stuart Larimer are named in these suits.

For the most up to date comprehensive information, contact each independent franchise owner directly. BUYER BEWARE! “DUE YOUR DUE DILIGENCE”

Apparently, because there are 24,000 Search Results under L&W Franchise, and only one or two of them are negative, Mr. Lyons is very comfortable in reporting the lawsuits against him and his recent move to Nevada on Franchise Pick. The law of averages provides that only a few of the investigating prospective franchisees will find the negative comments in their due diligence searches among 23,998 POSITIVE press releases and articles about L&W that are now on the Internet and that are permitted and protected under the FTC Rule.

It can never be said that Mr. Lyons is trying to hide his track record as far as lawsuits are concerned, and I’m sure he intends to use his “transparency” to his advantage in these lawsuits.

People like Mr. Lyons have been what has made franchising so successful these past thirty years!

L&W Investigations, Lyons & Wolivar, LWI, Inc. SUED by Virginia Franchisee!
Neal Lyons is now facing numerous lawsuits from across the nation!

DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L&W Investigations is facing another lawsuit from an unhappy Franchisee out of Virginia.

On April 8, 2009, Virginia Plaintiff M. Giere and MCG Enterprises, Inc. filed a lawsuit in the CIRCUIT COURT OF THE COUNTY OF FAIRFAX VIRGINIA.
Case number 2009-05161 citing the following;
1. VIOLATION OF VIRGINIA RETAIL FRANCHISING ACT;
2. FRAUD;
3. FRAUDULENT SUPPRESSION OF FACT;
4. UNLAWFUL OFFERS;
5. FALSE PROMISE;
6. PROHIBITED PRACTICES;
7. BREACH OF CONTRACT;
9. UNJUST ENRICHMENT.

L&W Investigations, Lyons & Wolivar, LWI, Inc. are also facing three plaintiff’s in California, Two plaintiffs in Nevada, One Plaintiff in Utah and several more in the works from across the nation according to sources close to the struggling franchise. Neal Lyons, Anne Lyons, Scott Crowell, Mark Green and Stuart Larimer are named in these suits.

BUYER BEWARE!
“DUE YOUR DUE DILIGENCE”

http://www.lwinvestigations.wordpress.com

“What goes around, comes around.”

I know you had to remove the comments of the retired Las Vegas Police Officer from Unhappy Franchisee (who was among the first to try to report that he was defrauded by L&W) because L&W filed a SLAPP suit against him) in California to try to silence him on the Internet, and you couldn’t afford to get involved.

But, hopefully, his warnings stayed on long enough for some others to be saved from losing so much, and you did retain my responses, which, hopefully offered some warning to prospective franchisees.

The warning of the retired police officer still remains on The Bad Bureau Rip Off Site because the owner won’t remove them but he does allow the corporation or the government entity to make a public rebuttal and correct the record, and apparently he wins the law suits filed against him because of our First Amendment Rights.

Let’s hope that California Law brings some justice to this matter. But, you know the ABA Forum has been working on how to shut down public comments on the Internet.

I believe California has some good anti-SLAPP laws and I am hoping this will mean good news for our retired police officer

Lyons & Wolivar, Inc. DISSOLVED! LWI, Inc. emerges as Neal Lyons seeks refuge under the Nevada Corporations Code as it is now facing numerous lawsuits from across the nation!

DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations has dissolved its 2002 parent California Corporation.
On January 21, 2009, Lyons & Wolivar, Inc. was “merged out” as a California Corporation and is now identified as LWI, Inc. a Nevada Corporation.

It is currently reported that there are three plaintiffs in California, Two plaintiffs in Nevada and several more in the works to be filed next week from across the nation according to sources close to the franchise. Neal Lyons, Anne Lyons, Scott Crowell, Mark Green and Stuart Larimer are named in these suits.

On March 19, 2009, California Plaintiff’s S. Butler, S. Hale, R. Unz and Northern California Investigative Services, LLC.
Filed a Breach of Contract lawsuit alleging the following;
1. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
2. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
3. INTENTIONAL MISREPRESENTATION;
4. NEGLIGENT MISREPRESENTATION;
5. FALSE PROMISE;
6. FRAUDULENT SUPPRESSION OF FACT;
7. UNFAIR BUSINESS PRACTICES;
8. BREACH OF CONTRACT;
9. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
10. UNJUST ENRICHMENT

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE. Case number 30-2009-00120252-CU-BC-CJC.
Original filings may be viewed at https://ocapps.occourts.org/CivilPubv2/Login.do
And searched by case number or parties by name.

On March 26, 2009, Nevada Plaintiff’s D. Walker and WN Holdings, LLC. Filed similar charges in the DISTRICT COURT OF CLARK COUNTY NEVADA.
Case number 09-A-583714. Original filings may be viewed at:
http://courtgate.coca.co.clark.nv.us/DistrictCourt/asp/CaseNo.asp

It is currently reported that there are at least three plaintiff’s in California, Two plaintiffs in Nevada and several more in the works across the nation according to sources close to the struggling franchise.

On March 19, 2009, California Plaintiff’s S. Butler, S. Hale, R. Unz and Northern California Investigative Services, LLC.
Filed a Breach of Contract lawsuit.

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE. Case number 30-2009-00120252-CU-BC-CJC.
Original filings may be viewed at https://ocapps.occourts.org/CivilPubv2/Login.do
And searched by case number or parties by name.

On March 26, 2009, Nevada Plaintiff’s D. Walker and WN Holdings, LLC. Filed similar charges in the DISTRICT COURT OF CLARK COUNTY NEVADA.
Case number 09-A-583714. Original filings may be viewed at:
http://courtgate.coca.co.clark.nv.us/DistrictCourt/asp/CaseNo.asp

I believe, however, that the L&W franchisee had the courage of his convictions and was angry because the “law” had already been used against him to try to silence him…
I think there’s a difference between “rage” and “courage.” The franchisee violated the trust that others put in him by posting private correspondence without permission. He disregarded his wife’s and attorney’s pleas. In the end, I believe his approach will prove ineffective as well as selfish.

…this is a declaration of war and the only gun he had with which to fight back was the gun of “free speech.”
I sure hope that’s true.