Case against Thrivent, NAIC  why arbitration clauses should be banned, If arbitration benefits members why mandate?, Erickson vs Thrivent

Case against Thrivent, NAIC  why arbitration clauses should be banned, If arbitration benefits members why mandate?, Erickson vs Thrivent

“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

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

 

From Erickson vs Thrivent.

“This case involves an insurance contract between Plaintiff Raymond Erickson and a fraternal benefit society. Insurance contracts issued by a fraternal benefit society generally include the society’s bylaws, as well as any subsequent amendments to the bylaws, provided that the amendments do not reduce the benefits promised in the original contract. This Court must decide whether Erickson is bound by an arbitration clause that was not in his original insurance
contract but was later added to the fraternal benefit society’s bylaws. Because the arbitration clause does not reduce Erickson’s benefits under the contract, this Court finds that the clause applies to him and requires him to arbitrate his claims.”

“Erickson made a claim for benefits under the contract. in December 2014 after he moved into a long-term care facility. Doc. 1 at 13. Thrivent paid Erickson benefits for some time, but terminated them in November 2015. Doc. 1 at 16, 18. Erickson then sued Thrivent in this Court, asserting claims for breach of contract, bad faith, breach of fiduciary duty, punitive damages, and attorney’s fees. Doc. 1. The parties mediated before Magistrate Judge Veronica Duffy, but were unable to resolve their dispute. Doc. 11. Thereafter, Thrivent filed a Motion to Compel Arbitration and argued that the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-14, and the Dispute Resolution Bylaw require this Court to stay the case and compel arbitration. Docs. 14, 15, 21. Erickson opposed the motion, contending that the Dispute Resolution Bylaw is unenforceable for several reasons.”

“State contract law governs whether a valid arbitration agreement exists between Erickson and Thrivent. First Options of Chi .. Inc. v. Kaplan, 514 U.S. 938, 944 (1995). This Court is sitting in diversity jurisdiction, so it applies South Dakota’s choice-of-law rules to determine which state’s laws govern whether a valid arbitration agreement exists. Dakota Foundry, 891 F. Supp. 2d at 1095. The parties disagree on which state’s law should apply, with Thrivent arguing
for Wisconsin law and Erickson arguing for South Dakota law.”

“The issue of which state’s law applies does not raise a material question of fact because the Dispute Resolution Bylaw constitutes a valid arbitration agreement under Minnesota, South Dakota, and Wisconsin law. Minnesota, South Dakota, and Wisconsin have all enacted statutes regulating fraternal benefit societies. Minn. Stat.§§ 64B.Ol–64B.48; SDCL §§ 58-37A-1 to 58-37A-39; Wis. Stat. §§ 614.01–614.96, 632.93. Under these laws, a fraternal benefit society
insurance contract consists of the insurance certificate, the member’s application, and the laws of the society. Minn. Stat. § 64B.19; SDCL § 58-37A-19; Wis. Stat. § 632.93. Critically, Minnesota, South Dakota, and Wisconsin statutes recognize that contracts between a fraternal benefit society and its members include later amendments to the society’s laws, provided that the
amendments do not destroy or diminish the benefits promised in the original contract. . Minn. Stat.§ 64B.19(2) (“Any changes, additions, or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects the same as though the changes, additions, or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition or amendment shall destroy or diminish benefits that the society contracted to give the owner as of the date of issuance.”); SDCL § 58-37-A-19 (“Any changes, additions or amendments to the laws of the society made or enacted after the issuance of the certificate, bind the owner and the beneficiaries, and govern and control the benefit contract in all respects the same as though the changes, additions, or
amendments had been made before and were in force at the time of the application for insurance. However, no change, addition, or amendment may destroy or diminish benefits which the society . contracted to give the owner.as of the date of issuance.”); Wis. Stat. § 632.93(2) (“[A]ny changes in the laws of a fraternal made subsequent to the issuance of a policy or certificate bind the
owner and any beneficiary under the policy or certificate as if they had been in force at the time of the application, so long as they do not destroy or diminish benefits promised in the policy or certificate.”). As required by Minnesota, South Dakota and Wisconsin law, Minn. Stat. § 64B.19; SDCL § 58-37-A-19; Wis. Stat.§ 632.93, Erickson’s contract states that the Articles of Incorporation and Bylaws, including any later amendments, are part of the agreement: ”

Read more:

http://eachstorytold.com/2018/07/15/thrivent-and-fraternal-insurance-why-you-should-not-buy-their-insurance-erickson-vs-thrivent-reveals-all-retroactive-contract-changes-mandated-dispute-resolution-and-arbitration-companies-control/

United Insurance vs Office of Insurance Regulation, State of Florida.

“Section 624.155 is a statute regulating the business of insurance. The statute relates, directly or indirectly, to the relationship between the insurance company and the policyholder. The proposed arbitration agreement would impair, invalidate or supersede section 624.155. The statute provides for a civil action — with the relevant procedural protections. The statute also provides for court costs and fees. Mandatory binding arbitration lacks the procedural and constitutional protections (such as jury and appeal to an Article V court) of a civil action.”

Read more:

http://eachstorytold.com/2018/07/15/florida-insurance-statutes-mandatory-binding-arbitration-lacks-the-procedural-and-constitutional-protections-such-as-jury-and-appeal-united-insurance-company-vs-florida-office-of-insurance/

NAIC: Why arbitration clauses should be banned.

“This judicial recognition that mandatory arbitration provisions can interfere with core state and federal Constitutional rights, and that consumers have not “consented” in any meaningful sense to these clauses, apply equally to insurance consumers. This is demonstrated previously in the memorandum presented at the April 5, 2016 Consumer Liaison Meeting in New Orleans, and further detailed by the consumer group Texas Watch.2 Along with our colleagues, we can provide detailed information on these issues if D Committee wishes.
Today we focus on the claims process. The nature of the insurance promise is different from most other consumer services or products, and pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.

  • Companies that include pre-dispute mandatory arbitration clauses in their consumer contracts presumably do so because it will be to their advantage should a dispute later occur.
  •  However, handling claims is an essential element of the insurance contract and insurers are required to consider the best interests of their policyholders. Courts frequently describe this broad duty as requiring “the insurer to consider the interests of its policyholder in a manner at least equal to its own.”3
  • Inserting a pre-dispute mandatory arbitration clause in an insurance policy allows the insurer to select the venue most favorable to it should a dispute later occur and therefore makes it less likely that policyholders will assert their rights to dispute their insurers’ claim evaluations, and less likely they will succeed when they do.
  • Insurers convinced that arbitration will benefit policyholders and insurers equally (or policyholders more), should therefore be willing to provide – and not mandate – arbitration as an option when an actual dispute occurs. If arbitration provides a truly neutral forum, then there is no need for an insurer to insist on its use.”

“Insurers that would insist on mandatory arbitration of policyholder disputes have selected the forum that they believe will be more favorable to them than to their policyholders, if not on each individual claim then in the aggregate. However, manipulating the dispute resolution process in this manner conflicts with the duties insurers owe their policyholders and is not holding their policyholders’ interests “at least equal to their own.”

If arbitration was truly a neutral forum rather than one favoring insurers, then there would be no need for an insurer to insist on its use before a dispute has even arisen. Insurers should utilize arbitration only when the policyholder has consented to do so after an actual dispute occurs (which is what the suggested amendment to the Model Unfair Trade Practices Act should accomplish), rather than requiring it in boilerplate language that the policyholder is very unlikely to read, could not bargain over the provision even if she did, and could not make an
informed decision at the point of sale on the merits. True freedom of contract, combined with the fundamental right to a trial, requires a knowing relinquishment of that right, which can only occur voluntarily once a specific dispute has materialized.”

“Taken together, these decisions deliver two clear messages: (1) States can enforce bans on arbitration provisions in insurance contracts, and (2) the likelihood of surviving a FAA preemption argument is often related to the specificity of the prohibition. Our sample language (below) attempts to maximize the power of McCarran-Ferguson by adding it as an amendment to the Model UTPA, which itself states in Section 1 that “The purpose of this Act is to regulate trade practices in the business of insurance in accordance with the intent of
Congress … [citing McCarran-Ferguson],” and by making the ban directly related to insurance contracts.”

Read more:

http://eachstorytold.com/2018/07/16/naic-banning-arbitration-clauses-in-insurance-policies-why-arbitration-clauses-should-be-banned-companies-that-include-pre-dispute-mandatory-arbitration-clauses-do-so-because-it/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

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44 responses to “Case against Thrivent, NAIC  why arbitration clauses should be banned, If arbitration benefits members why mandate?, Erickson vs Thrivent

  1. citizenwells

    “Mandated arbitration robs us of our day in court.”…Citizen Wells

  2. oldsailor86

    CW……….
    ………..and that is exactly what it was designed to do……..which is for the most part for the protection of the insurance companies. Without such a law can you imagine what all of the lawsuits combined would do to the insurance industry as a whole? We know that insurance is really a GAME……….When played correctly it is immensely profitable, but when events turn against an insurer, the court system suddenly pops out of the woodwork and beats the arbitration drum……….and VOILA you get a royal SCREW JOB!. You can try to hold out for a trial but suddenly the court injects itself again and tells you “YOU AREN’T GOING TO GET A DIME MORE THAN WE SET DOWN. Unless THE AMERICAN PEOPLE rise up and put an end to the good ole boys hold on our court system NOTHING WILL CHANGE……in fact the situation will continue to deteriorate.

  3. How come Chris Wallace never asked Hillary Clinton about the #clintonbodycount ?

  4. oldsailor86

    AND NOW……….
    …………the New York times has released a video, which depicts President Trump involved in homosexual contact with Putin. Now is the time that both leaders need to come together and take NEW YORK TIMES APART in such a way that the newspaper WILL never AGAIN PRINT ANY MORE PIECES OF liberal filth. Each LEADER NEEDS TO SUE New York Times IN THE WORLD COURT SINCE BOTH ARE LEADERS OF A COUNTRY. The people of both countries should be the recipients of any judgements against New York Times. It is owned by LIBERAL DEMOCRATS. Eventually their SICK, TWISTED, PORNOGRAPHY will become one more nail in the coffin of the once great newspaper. FILTH BEGETS FILTH! It is clear that the only thing that either employees ,management, or officers of the New York Times can think about is their personal sort of life styles………OBVIOUSLY MORALLY DEPRAVED! The newspaper is riddled with HOMOSEXUAL STAFF members.

  5. oldsailor86

    ………..I have something which I believe needs to be said………This will undoubtedly bring a howl of anger from all but it nonetheless needs to be said.; ………For many decades our so called society has been slowly brainwashed into believing UP is DOWN. For the past 10 years we have witnessed one so called CHANGE in our societal intellect, after another, Most people didn’t even give these changes a second thought……too busy guzzling beer, and inhaling one pizza after another. Slowly but surely the intellectual capacity of our society has slipped so badly that all they can think about now is MORE BEER, MORE PIZZA, LOTS OF PORN, THE HELL WITH SCHOOL,………..DROP OUT,TURN ON, TUNE IN, RAISE HELL, DO NOTHING, HANG OUT, TAKE NO BATHS, PICK YOUR NOSE, MASTURBATE, STINK LIKE A POLECAT……….THEN AND ONLY THEN YOU WILL THEN BE LOOKED UPON AS “C-O-O-L” AMONG YOUR PEERS! BTW….. DON’T FORGET TO POUND THE DRUM FOR SOCIALISM!………..EVERYTHING FOR FREE!!!!!

  6. AND SLOWLY……..
    …………just like in Nazi Germany, the people began to buy into HERR GOEBBEL’S BULL$HIT, Now massive numbers of Americans are beginning to believe that RUSSIA is behind our problems. In reality it is our own SICK, TWISTED, PERVERTED, AND OTHERWISE IRRATIONALLY HYSTERICAL LIBERAL LUNATICS who talk like HERR GOEBBELS who are behind our problems. TODAY’S INDICTMENT OF TRUMP BY THE LUNATIC LEFT, FOR HIGH CRIMES AND MISDEMEANORS IN THE WORDS OF HERR BRENNAN……..but guess what HERR BRENNAN IS A COMMUNIST SYMPATHISER HIMSELF.

  7. AND SOON………
    …………..we will have LIBERAL SUPERMEN, JUST LIKE THE SUPERMEN OF NAZI GERMANY. WE ALREADY HAVE A HERR GOEBBELS……WHO CONTINUALLY SPOUTS HIS INSANE BULL$HIT. HE IS HERR BRENNAN!

  8. AND NOT LONG ……..
    ………….THEREAFTER will emerge our new FUEHRER, who will waste no time in invading Mexico, then Guatemala, Honduras, San Salvador, Nicaragua, Costa Rica, then FINALLY Panama. Easy to visualize. Der Blitzkrieg will begin.!!! Zieg Heil, Zieg Heil Zieg Heil

  9. AT WHICH POINT……..
    …………Russia, and China will be forced to beat our brains in and chase us back to America. After the smoke clears DC might end up looking like Berlin did in 1945. The defeated liberals will slither under the nearest rock.

  10. citizenwells

    Posted by
    South Dakota
    on July 24, 2007

    “My father started the original whole life policy when I was born in 1949. In 1985 agents from Thrivent convinced me to convert the policy to a universal life policy. That policy has now become worthless. The cash value has dropped from $4,100 to $2,473 and the premiums will increase to $2700 by the time I am 75 years old. I believe that Thrivent has swindled my family out of my $84,000 death benefit.”

    https://www.bigclassaction.com/settlement/thrivent.php

  11. oldsailor86

    AND TODAY……….
    ………..all we are hearing from our now RABID MEDIA, is IMPEACH,IMPEACH,IMPEACH like mindless broken records. They foam at the mouth, rave, and rant, but pathetically little of what they scream, has any foundation. Further the OVEREDUCATED WORDSMITHS (MEDIA) are themselves caught up in our national disease which I call IRRATIONAL EXTREMISM. IT IS A KISSING COUSIN OF TOTAL INSANITY. THE DISEASE IS SPREADING FAST IN AMERICA.

  12. oldsailor86

    CW……..
    …………AND IN ALL PROBABILITY HE IS LUCKY TO BE ABLE TO GET ANY CASH VALUE AT ALL. OFTEN CONVERTING A POLICY IN MID STREAM HAS IN MANY INSTANCES BECOME THE EQUIVALENT OF OUTRIGHT CANCELLATION OF A POLICY, WHICH ENDS WITH ZERO VALUE. THIS CAN, AND DOES HAPPEN!

  13. CW……….
    ………….. it is very doubtful that anyone involved with Thrivent will ever come out ahead, Sadly this is in large part due to the presence of the WRONG PEOPLE being at the head of the Department of Insurance of each state. The arbitration crapola is a part of their own agenda, which is to protect insurers from civil litigation. So to accomplish this they write laws which demand civil ARBITRATION instead of a jury trial. Some like to say it cuts through all the BS, but in truth is a complete load of BS.

  14. citizenwells

    Preparing to contact NC Ins Comm again.
    Fully loaded for bear.

  15. Once again, the caving to the liar establishment class disappoints me.

    Trump said the Russians interfered but that his admin had nothing to do with it. Even that is misconstrued by the msm as Trump saying the Russians had nothing to do with meddling. The msm is lying.

    What disappoints me is that he caved into saying that Russia meddled in the first place. Based on what? Because people like Strzok and Mueller and Rosenstein and Brennan and Comey say so? And that these people have no real evidence doesn’t matter? That they haven’t even looked at the server doesn’t matter? We’re all supposed to bow down to the intelligence agencies even though they are run by the biggest crooks in the country?

    If the admin is going to cave and claim that the Russians meddled even though no valid evidence has been presented, how am i supposed to defend the admin against charges of treason?

    Can we ever find anyone who will not cave to those pack of liars?

  16. I feel the same way, and nothing will be done to these crooks.

  17. Pingback: Case against Thrivent, NAIC  why arbitration clauses should be banned, If arbitration benefits members why mandate?, Erickson vs Thrivent – The ADR Society, OAU

  18. Last but not least, how could anyone side with that pack of liars in the FBI.

  19. Well, foxnews is now reporting that Trump is saying he “mispoke” when he said he believed Russia. He now says he trusts our IC agencies.

    He trusts our IC agencies? The ones who spied on his campaign with fraudulent FISA warrants? The ones who won’t provide the documents to congressional oversight?

    Caving is going to get him exactly Nowhere. It never does.

  20. Carol White

    Testing…. One …Two … Three

  21. oldsailor86

    AND………..
    AHEM!!!!!!!

  22. oldsailor86

    AND TODAY……….
    …………once again the lunatic left have told on themselves. Now they are demanding that the US GO TO WAR WITH RUSSIA, SOAS TO MAKE THE LIBERAL FANTASY LOOK LIKE THE TRUTH.IT IS WITH GREAT SADNESS THAT I SAY AMERICA NOW HAS THE SICKEST, AND THE MOST INSANE PEOPLE IN GOVERNMENT THAN ANY OTHER COUNTRY ON EARTH. THEY LIE TO THE AMERICAN PEOPLE EVERY MINUTE OF THE DAY, AND THEN TO COMPOUND THE INJURY THE AMERICAN PEOPLE BELIEVE THE BULL$HIT. IT LOOKS AS THOUGH OUR COUNTRY IS ALREADY IN THE HANDS OF THE A$$HOLES OF AMERICA THANKS TO THE HALFWITS AMONG US………..UP IS DOWN, LEFT IS RIGHT,AND BLUE IS RED.

  23. oldsailor86

    AND NOW………..
    …………a female CHILD POLITICAL ASPIRANT, says that Israel is an occupier of Palestinian land. This ignorant excuse for a college graduate is beyond reason. She obviously slept through her classes. How the hell did she even graduate. Maybe a little sex here, and a little sex there…………and VOILA, a sheepskin appears. She has magically earned a BSB degree. (BACHELOR OF SCIENCE IN BULL$HIT).

  24. oldsailor86

    AND THE SCREWBALL……….
    ………AFOREMENTIONED FEMALE WANTS TO BECOME A POLITICIAN, AND WANTS TO HOLD ELECTED OFFICE. ONE THING IS CERTAIN……SHE IS DESTINED BY VIRTUE OF HER GLARING STUPIDITY TO BECOME A LIBERAL DEMOCRAT.

  25. The intel communities vaunted sources and methods.

    sources: Hillary and the firms she pays to write reports

    methods: collusion with a political party

  26. John Brennan, who supported and voted for a communist party candidate during the cold war, says Trump is a traitor.

  27. What would an intel official who speaks like this be willing to do using his official office and intel tools… to protect the nation from what he views as this sort of threat? (Reminder: Brennan was CIA Director during election and after Trump was elected, during transition.) https://t.co/Nau0re4qsm

    — Sharyl Attkisson (@SharylAttkisson) July 16, 2018

  28. If the enemy of the American people controlled the media, would the media be acting any differently than they are right now?

  29. oldsailor86

    fhl………..
    ……….American MEDIA= EH CUMPARI har har

  30. oldsailor86

    fhl………….
    ………….the CIA director Brennan has the guts to call other people TRAITORS………….while he is the WORST of all TRAITORS. He allowed a NON US CITIZEN to remain as a elected US POTUS. and in fact help sanitise the INS records of Mzzzzzzzzzzzzzzzzzz. Dunham. Brennan is one of the people who acted illegally to assure that Lil Barry Soetoro remained sitting as a US POTUS…….sadly the bastard is still not a US Citizen, and never has been. Further Brennan knows this which makes him an accessory to TREASON HIMSELF.

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