Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means
“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017
“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15
“Martin Luther may or may not have stated ‘Here I Stand’ but his actions certainly did.”…Citizen Wells
From Thrivent Financial for Lutherans v. Colin Brock.
“This interlocutory appeal and original proceeding arise from a dispute between Colin Brock and his insurer, Thrivent Financial for Lutherans (“Thrivent”) over nonpayment of disability benefits, which Brock claims Thrivent owes him under a Thrivent insurance policy. As required by the policy, the trial court compelled the parties to arbitrate. Following an evidentiary hearing, the arbitrator denied Brock’s claims. Thrivent moved the trial court to confirm the arbitration award. In turn, Brock requested the trial court to vacate the arbitration award on the ground that the award was obtained “by fraud, corruption, or other undue means.” The trial court signed an order denying Thrivent’s motion to confirm the award, vacating the arbitration award, and directing a rehearing before a new arbitrator. Thrivent appeals the order and also seeks review by way of a petition for writ of mandamus. Brock contends that we have no appellate jurisdiction over the interlocutory order and requests that the petition for mandamus be denied.
We dismiss Thrivent’s interlocutory appeal for lack of jurisdiction and deny its petition for writ of mandamus.”
AAL, Aid Association for Lutherans, implemented a change to their contracts, retroactively in 1999, to impose mandatory dispute resolution consisting of Appeal, Mediation and Arbitration in lieu of litigation. Their member dispute resolution program is referred to as MDRP. They claim, and many courts have upheld that they could implement and enforce the change retroactively due to their fraternal status. This has not been challenged in all states and since the states differ on how insurance entities are treated, this is still an open question.
The embracing of mandatory arbitration has become widespread in consumer and employment contracts. This has led to a huge impact on our day in court and given companies much power to control outcomes and continue unsavory practices, harmful to consumers.
This is not just a Thrivent problem or insurance problem, it is a problem affecting the daily lives of all Americans. Thrivent’s practice of using their special status is particularly unjust and alarming and runs contrary to their platitudes touted in company policies.
Thrivent v. Brock revelations and questions.
- Brock alleges: “the award was obtained ‘by fraud, corruption, or other undue means.’” We have no way of knowing because the MDRP, culminating in arbitration, was held behind closed doors, out of the light of day of a courtroom.
- Brock had taken the arbitration decision to trial court and next the appeals court. How much were the legal fees?
- Thrivent has a large legal staff and engages outside legal firms who specialize in disability cases.
- How much time elapsed from the first disability claim to the appeals court decision and probable redo of arbitration?
- What happened next? Arbitration? What was the outcome.
- What is Colin Brock’s disability? Is it life threatening or painful? Is Mr. Brock getting adequate treatment?
- Was Mr. Brock able to pay his bills? Feed a family?
- How has the MDRP process helped Mr. Brock? Did he experience the blessings of the Christian beliefs touted by Thrivent?
- How many Thrivent members drop out of this MDRP process for various reasons such as too engulfed in pain and stress or discouraged by improper Thrivent procedures and attitudes? Mr. George Tiedemann went through the process for 2 years and dropped out. He was 83.
- How many Thrivent members were shocked to find out that the policy they took out years earlier, had been modified without their consent or signature?
- How many Thrivent members sought legal representation to no avail because many attorneys will not touch a case with mandated arbitration?
“Thrivent’s Christian Calling
Thrivent’s Lutheran heritage of answering God’s call has led to a strong membership-owned organization that now welcomes Christians seeking to live out their faith.
Fraternal benefit societies have a common bond among members. Thrivent’s common bond is Christianity. We embrace the core Christian beliefs as articulated in the Apostles’ Creed as follows:
I believe in God, the Father almighty, maker of heaven and earth.
I believe in Jesus Christ, his only Son, our Lord, who was conceived by the Holy Spirit, born of the virgin Mary, suffered under Pontius Pilate, was crucified, died, and was buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven and is seated at the right hand of God the Father almighty. From there he will come to judge the living and the dead.
I believe in the Holy Spirit, the holy Christian Church, the communion of saints, the forgiveness of sins, the resurrection of the body, and the life everlasting.
If you share these beliefs, we invite you to join other Thrivent members called to pursue a life of generosity and wisdom with money.”
Here I stand.
“Tollefson has paid the monthly premiums on her long-term care insurance policy for 26 years. In April, Thrivent told Tollefson that she cannot collect any benefits because she did not follow her policy’s protocol of spending three days in the hospital first.
It’s a requirement no longer allowed in Nebraska, but policies that predated that law change are still valid. Like many people with long-term care policies, Tollefson learned the hard way that the help wasn’t there when she needed it.”
2 year anniversary of Seth Rich murder.
I have not forgotten.
Neither should you.
For those of you not closely paying attention, my disability & others’ disability cases and forced arbitration
goes to the heart of the constitution, rule of law and our day in court.
It is timely due to the recent Supreme Court ruling on employee class action lawsuits and mandated contract arbitration as well
as the increased use of forced arbitration.
Several Justices have voiced their opinions on arbitration in general.
This will be examined.
Sorry wrong one!!!!! Was supposed to be Donald Trump being interviewed by Roma ????
Go to … http://www.reelininthe years.com It is U-Tube #87 Donald Trump being interviewed years 35 years ago by Roma ?
National Health Service in Brittain just fired a doctor because he won’t pretend like a man with a dress on is a woman.
There are over 65 genes that work differently in men and women, there are a multitude of physiological differences between men and women that need to be treated differently for women than men. etc, etc.
The crazy lunatics of the left are willing to let people die of improper medical care so that their delusional beliefs will be validated.
………..nor have I forgotten.! Perhaps some day a criminal slime somewhere will lie upon his death bed and decide to tell it all before he kicks off.
………….Trump has PARDONED both of the Bundy’s……….but there has been no refund of the $400,000.00 fine put against them by the SNOTNOSED federal judge. Hopefully the judge will be removed from the bench.
………….could it be that Mzzzzzzzzzzzzzzzzzz. Warn has sick, twisted fascination of Native Americans.
fhl …….re 1:53 PM
…………..it is obvious that those in charge have sick, perverted minds.
AND THIS AFTERNOON………..
…………I learned that the filthy illegals who are being used to pick produce are transferring their intestinal illnesses to the veggies they handle because they do not wash their hands after using the rest rooms. The recent Delmonte veggie trays which have been recalled were picked by people from Guatamala. The intestinal parasite is RAMPANT in Guatamala. The particular parasite is called CYCLOSPORA, and is carried only by humans. If you are sickened by some vegiie trays it will more than likely be the work of the GUT PARASITE CYCLOSPORA.. It is treated with BACTRIM. Just passing this info along…
……..the same CYCLOSPORA BUG is also carried in people from the middle East as well. They too are sometimes used to pick produce………..particularly in California. They use the toilet and do not wash their hands either. The recent food contamination of lettuce, celery, and even tomatoes have all recently had huge recalls because of the CYCLOSPORA bug. It is coming from the PRODUCE PICKERS.
TIME FOR PRODUCE………
…………..farmers to hire only those who will wear protective gloves when picking and handling produce.. If they refuse then they do not get hired.
fhl | July 10, 2018 at 2:09 pm |
Thanks, fhl; that was a good one.
We’re preparing to send Liawatha back to the teepee where she belongs this November. She can take her high cheekbones with her…
…………..she has always looked to me like a square head from Scandinavia!