Thrivent fraud allegations and failed appeal, Thrivent fraternal benefit society status immunity?, Fraud must be addressed via dispute resolution? Apparently not

Thrivent fraud allegations and failed appeal, Thrivent fraternal benefit society status immunity?, Fraud must be addressed via dispute resolution? Apparently not

“You don’t need to be Christian to join our team.”…Thrivent job opening ad

“I worked at Thrivent Financial full-time (More than 8 years)”                      “Claims to be based on Christian values but does not adhere to them.”…Former Thrivent employee

“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

 

Thrivent believes and maintains that they are not subject to the same insurance laws as other insurers.

That is generally true.

That does not mean that they are immune from all insurance laws or other statutes just because they are a fraternal benefit society.

Their contract states that even charges of fraud must go through their mandated MDRP, Member Dispute Resolution Program.

However, the courts have consistently held that fraud, even without proof, can negate mandated arbitration and allow a case to enter litigation.

Charges of fraud against Thrivent are not as rare as they would have you believe.

“Illinois Insurance Code did not bar Securities Department from investigating VA sales

By John M. Jascob, J.D., LL.M.

The Illinois Securities Department had authority to investigate allegations that a broker-dealer committed fraud in the sale of variable annuities. The Illinois Securities Law authorizes the Securities Department to investigate whether registered broker-dealers and advisers have committed fraud in any business practice, even if that practice involves insurance products. Accordingly, the Illinois Court of Appeals affirmed dismissal of the broker-dealer’s complaint (Thrivent Investment Management Inc. v. Illinois Securities Department, August 28, 2018, Walker, C.). ”

https://jimhamiltonblog.blogspot.com/2018/08/illinois-insurance-code-did-not-bar.html

From the Thrivent appeal.

“ORDER
¶ 1 Held: The Illinois Secretary of State Securities Department has authority to investigate allegations that a registered securities dealer committed fraud in the sale of variable annuities, even though the Department of Insurance has sole authority to regulate the issuance and sale of variable annuities. Oppressive discovery requests do not violate a respondent’s constitutional rights unless judicial discovery procedures will not adequately protect the respondent’s rights.”

“¶ 3 We hold (1) the Illinois Securities Law (Act) (815 ILCS 5/1 et seq. (West 2016)) gives the Securities Department authority to determine whether Thrivent, a registered securities dealer and investment adviser, committed fraud in any of its business practices; (2) the complaint does not allege facts showing judicial processes for discovery will violate Thrivent’s constitutional rights; and (3) the proposed amended complaint does not cure the defects of the dismissed complaint. Accordingly, we affirm the dismissal of the complaint
with prejudice and the denial of the motion for leave to amend.”

http://www.illinoiscourts.gov/R23_Orders/AppellateCourt/2018/1stDistrict/1171913_R23.pdf

From Thrivent v. Perez.

“28. As a not-for-profit fraternal benefit society, Thrivent is a type of life insurer. It is organized and operating pursuant to Chapter 614 of the Wisconsin statutes, known as the Wisconsin Fraternal Code. The Wisconsin Fraternal Code is a part of the insurance laws of the State of Wisconsin. Section 614.05 of the Wisconsin Statutes specifies that fraternal benefit societies are subject to the requirements of the Fraternal Code, and they are exempt from other Wisconsin insurance laws, except to the extent those other insurance laws are specifically made applicable to fraternal benefit societies.”

“31. A fraternal benefit society’s principal regulator is the insurance regulator for the state of its domicile. Thrivent’s principal regulator is the Wisconsin Office of the Commissioner of Insurance (“Commissioner”). The Commissioner is empowered to conduct examinations of Thrivent under Wisconsin Statute Section 601.43 (as Section 614.05 specifies that Chapter 601 applies to fraternal benefit societies to the same extent as mutual insurers). Thrivent’s insurance marketing practices are subject to regulation under Chapter 628 of the Wisconsin statutes and Thrivent is subject to unfair and deceptive trade practices statutes to the same extent as other types of life insurers.”

https://www.bloomberglaw.com/public/desktop/document/Thrivent_Financial_for_Lutherans_v_Perez_et_al_Docket_No_016cv032?1552582945

 

 

 

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12 responses to “Thrivent fraud allegations and failed appeal, Thrivent fraternal benefit society status immunity?, Fraud must be addressed via dispute resolution? Apparently not

  1. citizenwells

    NC Statutes.

    “§ 58-24-165. Unfair methods of competition and unfair and deceptive acts and practices. Every society authorized to do business in this State shall be subject to the provisions of Article 63 of this Chapter relating to unfair methods of competition and unfair or deceptive acts or practices”

  2. oldsailor87

    fhl……….
    ……………YOU TELL EM WILLY!!! GOOD ONE…….HAR HAR!!

  3. oldsailor87

    AND NOW………
    …………NOSE PICKING, PSYCHOTIC, CHILDISH, UNWASHED, ODOROUS DEMOCRATS DECIDED THAT A SAN FRANCISCO MURAL ART OF GEORGE WASHINGTON WITH HIS SLAVES WAS RACIST AND OFFENDED THEM THEREFORE THEY DEMANDED THE ART BE REMOVED OR PAINTED OVER. JUST ONE MORE INDICATOR OF THE LEVEL OF INSANITY THAT IS NOW GRIPPING AMERICA.

  4. oldsailor85++
    What? A Republican is coming to California.
    Local news………
    Vice President Mike Pence to visit Vandenberg AFB on Wednesday as part of California visit.

    Vice President Mike Pence will speak to Air Force personnel stationed at Vandenberg Air Force Base on Wednesday during a daylong trip to California.

    Pence is expected to land at Vandenberg Air Force Base at 4:30 p.m. following stops in the San Joaquin Valley for a fundraiser and visit to a farm outside of Lemoore for a talk about trade between the United States, Mexico and Canada, according to a copy of the vice president’s public schedule. While at the base, he will receive briefings at the Combined Space Operations Center on launch operations around the globe and deliver remarks to the base.

    “Excited to visit Vandenberg Air Force Base tomorrow to further the Administration’s efforts to establish the US Space Force and deliver remarks to the brave men and women serving in our United States Air Force!,” Pence tweeted on Tuesday.

  5. oldsailor87

    AND NOW………..
    …………..THE NOSE PICKING FEMALE CHILD WHO THINKS SHE SHOULD BE POTUS IS IN REALITY LITTLE MORE THAN A LITTLE GIRL PLAYING DOCTOR, LAWYER, MERCHANT, CHIEF UPON THE BUTTONS OF HER BLOUSE, AND LIVING IN HER CHILDISH FANTASYLAND OF THE TOOTH FAIRY WHERE UP IS DOWN,AND LEFT IS RIGHT. SHE IS A CHILD PARODY………NOTHING MORE!!!!!! YET SHE THINKS SHE SHOULD HOLD THE HIGHEST OFFICE IN AMERICA………AND IS QUALIFIED TO DO SO……….REAL MORON !!!!! HAR, HAR, HAR.

  6. oldsailor87

    hapnHal…………
    ………….close enough for you to visit the base. As I recall you once mentioned that you had done some time at Vandenburg. Pence has a lot of good ideas. Probably will be a pleasure to hear him speak. He has the gift of gab.

  7. oldsailor87

    hapnHal……….
    …………I read that your gasoline tax is going to increase…….maybe it already has. Looks like you might be soon seeing something in the vicinity of $5.00 a gallon.!!!!!! Maybe the state will put some of the illegals to work cleaning up along the interstates.

  8. oldsailor86

    AND TODAY………..
    ………..WE LEARN THAT MACKENZIE LUECK WAS DELIBERATELY, AND METHODICALLY MURDERED. THIS CONVEYS THE INTENT OF CAPITAL MURDER. IF THE DEFENDANT IS ULTIMATELY CHARGED WITH CAPITAL MURDER HE COULD, AND SHOULD RECEIVE THE DEATH PENALTY. ANOTHER POS!!!! THE DEFENDANT MIGHT HAVE BEEN AN ILLEGAL, BUT HIS HAS NOT YET BEEN PROVEN.

  9. oldsailor87

    AND NOW………..
    …………there should be a special prosecutor appointed to investigate the ongoing pedophilia by rich men, and people in high PUBLIC OFFICE. There are countless allegations in public media that allege a past US PRESIDENT accompanied Epstein MANY TIMES to Epstein’s private island where HE, AND ePSTEIN repeatedly raped underage females. We now need some of these females to come forward with PROOF of what happened to them……..NOT HEARSAY,…………but ABSOLUTE PROOF. WE DON’T NEED MORE FORDS.

  10. oldsailor87

    AND……….
    ……..now ED HENRY said a few minutes ago that the surgery to save his sister was successful. He gave his sister 30% of his own liver to save her life. TO ED HENRY;
    ………….three cheers for you Ed. I PRAY FOR YOUR SISTER’S FULL RECOVERY.!! YOU AND YOUR SISTER HAVE MY LOVE AND RESPECT. GOD WILL SUPERVISE !!!

  11. oldsailor85++
    Well, here we go!
    California has a new motto………..
    “Illegals First”,,,,,, “Americans Last”
    ————————————————————-
    On Tuesday (July 9, 2019), California Gov. Gavin Newsom signed into law State Bill 104, which now extends health care benefits to illegal immigrants between the ages of 19-25, in addition to the law that already had guaranteed coverage to illegal immigrants under the age of 19.

    PS Think I’ll get some bumper stickers made HAR,HAR.

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