Category Archives: Arbitration

Thrivent new employee dispute resolution mandate?, Effective January 1, 2019?, Citizen Wells breaking news?, Teresa Rasmussen new Thrivent CEO October 2018

Thrivent new employee dispute resolution mandate?, Effective January 1, 2019?, Citizen Wells breaking news?, Teresa Rasmussen new Thrivent CEO October 2018

“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

“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties. Discovery is a privilege in arbitration, but not a right. Arbitrators can’t enforce subpoenas, meaning you have to file a lawsuit just to get a third party or a piece of information into the hearing. In open court, you don’t have to jump through nearly as many hoops. Further, judgments in court are often more favorable to the consumer, both in the rate of success and the dollar amount of judgments.”…North Carolina Consumers Council

 

 

Has Thrivent Financial implemented a new employee dispute resolution mandate similar to their MDRP dispute resolution mandated for members since 1999?

If so, why is there no news of this until now on the internet or Thrivent’s website?

Was this supposed to be kept secret?

Did someone inadvertently place this on their website where it got on the internet and was subsequently “rectified”, scrubbed?

A lot of questions have been raised.

Teresa Rasmussen, formerly general counsel and a president at Thrivent became CEO in October.

Is this tied to her?

Did this evolve from Thrivent’s lawsuits against the Department of Labor?

Was this lawsuit a catalyst?

“Executive sues Thrivent, saying he was fired because he is black”

http://eachstorytold.com/2018/05/26/thrivent-executive-fired-gregory-m-smith-lawsuit-says-he-was-fired-because-he-is-black-represented-by-attorney-clayton-halunen-we-are-going-to-get-rid-of-that-black-piece-of-shit/

The following link was scrubbed.

https://www.thrivent.com/privacy-and-security/files/Employee-Dispute-Resolution-Program.pdf

WE CAN’T FIND YOUR PAGE

You may have used an out-of-date link, bookmarked a page that has moved or typed the address (URL) incorrectly.

To find the information you are looking for, use the site navigation, visit our homepage, or use the site search.

Nothing was found by searching on their website or the internet.

However, this was found in cache:

This is Google’s cache of https://www.thrivent.com/privacy-and-security/dispute-resolution-program.html. It is a snapshot of the page as it appeared on Nov 12, 2018 11:25:51 GMT. The current page could have changed in the meantime.

https://webcache.googleusercontent.com/search?q=cache:ESWyoGuIC10J:https://www.thrivent.com/privacy-and-security/dispute-resolution-program.html+&cd=11&hl=en&ct=clnk&gl=us

The following was found under the FAQ section:

  • Why is Thrivent introducing the Thrivent Dispute Resolution Program?
    • • Thrivent has had a successful Member Dispute Resolution Program in place for 19 years, and now we are providing our workforce with a similar dispute resolution program that is:
      • Neutral.
      • Timely.
      • Cost-effective.
    • Introducing this program puts us in line with many Fortune 500 companies. According to the Economic Policy Institute, 55% of U.S. employees have agreed to arbitration agreements.
  • When does the program take effect?

    Current employees and field sales members must sign their agreements via DocuSign by December 31, 2018, and the program takes effect on January 1, 2019.

  • Am I obligated to use the Thrivent Dispute Resolution Program instead of filing a lawsuit?

    Yes. Thrivent provides the Dispute Resolution Program as the exclusive means to resolve workplace disputes. By contracting with, or accepting and continuing employment with Thrivent, you agree to resolve all work-related disputes within the rules of the Thrivent Dispute Resolution Program. This agreement is binding on Thrivent, its employees and independent field sales members. Workplace disputes not resolved through Workforce Relations, Code of Conduct, the initial appeal or mediation must be arbitrated under the rules of the Thrivent Dispute Resolution Program.

What if I don’t sign the agreement?

Because agreeing to a Thrivent Dispute Resolution Program is a condition of employment for employees and condition of contract for field sales members, employment/contracts will not be continued for anyone who does not agree to the terms of the program. Employees and field sales members who choose not to sign the agreement will not be eligible for any type of severance or transitional pay.

These agreements are binding on both Thrivent, its employees and field sales members. Workplace disputes not resolved by mutual agreement must be arbitrated under the Thrivent Dispute Resolution Program.

Why is there no mention of this dramatic change in Thrivent news or the internet?

Did  they change their minds?

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

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Thrivent new CEO Attorney Teresa J. Rasmussen, Formerly president and general counsel, More “Core Christian Values” or adversarial positions?

Thrivent new CEO Attorney Teresa J. Rasmussen, Formerly president and general counsel, More “Core Christian Values” or adversarial positions?

“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

“Though I speak with the tongues of men and of angels, and have not charity, I am become as sounding brass, or a tinkling cymbal”…1 Corinthians 13

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

 

I have believed and experienced for years that Thrivent was controlled by attorneys.

Now Thrivent is being run by new CEO Teresa J. Rasmussen, another attorney.

Will she bring more Thrivent touted “Core Christian Values” or attorney driven adversarial positions?

I sent Ms. Rasmussen a heads up email about my case about a week ago.

To her credit, she passed the email on to another in house attorney, the same one who took part in my “mediation” session.

I received an email from him 4 days ago and responded.

From Finance & Commerce October 16, 2018.

“Teresa Rasmussen is Thrivent’s new CEO

Teresa J. Rasmussen, currently president of Minneapolis-based Thrivent Financial, will take over as CEO by the end of the month. She replaces Bradford Hewitt, who is retiring after eight years of leading the financial services organization.

Rasmussen joined Thrivent in 2005 and has served as general counsel, secretary and senior vice president. She previously worked for American Express and Ameriprise Financial and began her career as a trial attorney with the U.S. Department of Justice.

She is the first woman in the CEO position, Thrivent said.

In a press release, Thrivent board chair Bonnie Raquet praised both Hewitt and Rasmussen for the work at the organization.

“Terry has distinguished herself as a strong leader with extraordinary business and legal acumen, as well as a deep understanding of Thrivent’s charter as a fraternal benefit society,” Raquet said. “What’s more, she has deep-seated values and a practical approach to aligning our workforce to serve our members and drive growth.””

Read more:

https://finance-commerce.com/2018/10/teresa-rasmussen-is-thrivents-new-ceo/

Without revealing too much of this exchange at this time (I waited 4 days without a response to write this) I would like to clear up the following statement made by the in house attorney:

” I would very much encourage you to seek the advice of counsel before setting forth on your threat to defame Thrivent.  Thrivent is proud of its trusted reputation and will take necessary steps to protect itself from your misrepresentations and false accusations.  For the past 7 years the Ethisphere Institute has recognized Thrivent as one of the top 100 most ethical organizations in the world.  Again, we will take necessary steps to protect our valued reputation.”

First:

Thrivent’s  “Code of Conduct”

“How might my behavior be perceived if it appeared in social media feeds, on the news or in tomorrow’s headlines?”

Second:

I diligently endeavor to write the truth, the facts. I conveyed this to the first Thrivent outside attorney to contact me and cautioned him on trampling on my First Amendment Rights. I also advised him to have Thrivent contact me with any corrections to inaccurate reporting.

I placed the following in an article dated July 30, 2018 addressed to former CEO Brad Hewitt:

“I recently told the outside attorney who relayed this message that I endeavor to be accurate and do not lie.

I stated that if Thrivent finds any errors or wishes to respond with a rebuttal, I will accomodate them.”

So far I have received no corrections from Thrivent, just threats.

Third:

Apparently there is enough evidence to draw the conclusion that the Ethisphere Institute award is one of the best ethics awards that money can buy.

Last:

If Thrivent wishes to protect its “valued reputation” it should immediately issue an apology to me and set in motion efforts for reparations.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Thrivent claim news, Dr. Grover office contact, Sincere investigation attempt?, Records not requested in 2017 contrary to Thrivent letter statement, Mediation session sham

Thrivent claim news, Dr. Grover office contact, Sincere investigation attempt?, Records not requested in 2017 contrary to Thrivent letter statement, Mediation session sham

“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties.”…North Carolina Consumers Council

“The insurance companies understand that if they deny and deny claims, then many of the claimants will never pursue their claim,”…ABC News Good Morning America April 25, 2008

“Companies And CEOs Rarely Admit To Wrongdoing”…NPR Sept. 20, 2013

 

From Citizen Wells October 15, 2018.

“I have in my possession startling new evidence which explains the “Alice in Wonderland” responses and requests I received from Thrivent personnel and agents during the processing of my disability claims.

I am requesting that you examine the letter your senior claims examiner sent to the NC Insurance Commission on  August 10, 2018 and take the appropriate actions.

If I were in your shoes, after examining and reviewing the evidence, I would immediately issue an apology and make reparations.

In the absence of those Christian responses, I am requesting again that we proceed to mediation instead of Thrivent’s insistence on perceived authority to mandate binding arbitration.”

https://citizenwells.com/2018/10/15/to-brad-hewitt-thrivent-financial-for-lutherans-request-for-mediation-based-on-startling-new-evidence-request-you-examine-august-10-2018-letter-senior-claims-examiner-sent-to-nc-insurance-commissio/

Has a sincere effort to investigate what has actually transpired in my claims case begun?

I received a call from Dr. Grover’s office on Tuesday, Oct. 23, 2018, at 3:00 PM, asking if I had given my permission for an insurance company to receive my records.

I answered yes.

Since this phone number did not match the one I had on record, I decided I must verify it. I also wanted to know if anyone had requested my records in 2017.

On Friday, Oct. 26, 2018, I called the number which was answered as Dr. Grover’s office. I verified my identity and asked if anyone had requested my records in 2017. I was told someone would call me back.

I received a call several hours later. No one requested my records in 2017.

Thrivent Attorney Wayne Luck during mediation and the same claims person who wrote the 6 page letter to the NC Insurance Commission with the nonsensical contract explanation, the  “Alice in Wonderland” protocol, tried to accuse me of falsifying records. The claims person in her letter to my former attorney stated that Dr. Grover’s office had no records for me. As you note above, Dr. Grover’s office had no record of Thrivent requesting my records.

I however, have multiple copies of documents proving Dr. Grover saw me multiple times.

At no time has Thrivent requested these records.

The hole is getting deeper.

I will not put off forever revealing the  “Alice in Wonderland” nonsense the Thrivent claims person wrote.

I hope that someone(s) at Thrivent is intelligent and moral enough to seek the truth.

Background on Dr. Grover controversy.

http://eachstorytold.com/2018/10/27/thrivent-claim-more-startling-new-evidence-of-fraud-or-incompetence-dr-grovers-office-called-consequence-of-alice-in-wonderland-protocol/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Companies and CEOs rarely admit to wrongdoing,  Lawyers won’t let them, An apology helps to subtract the insult from the injury, thereby minimizing the injured party’s anger toward the offender

Companies and CEOs rarely admit to wrongdoing,  Lawyers won’t let them, An apology helps to subtract the insult from the injury, thereby minimizing the injured party’s anger toward the offender

“How might my behavior be perceived if it appeared in social media feeds, on the news or in tomorrow’s headlines?”...Thrivent “Code of Conduct”

“do unto others as you would have them do unto you”… Matthew 7:12

“An apology helps to subtract the insult from the injury, thereby minimizing the injured party’s anger toward the offender.”…Jonathan R. Cohen, Assistant Professor of Law

 

From NPR.

“Companies And CEOs Rarely Admit To Wrongdoing”

“SONARI GLINTON, BYLINE: Here’s a lesson we’ve all probably learned from our parents: When you’re wrong, say you’re sorry; fess up, admit it. These are toddler lessons – “Sesame Street,” “Mister Rogers.” So why do companies and CEOs so rarely admit that they screwed up?

KATHERINE PHILIPS: My cynical answer is, the lawyers won’t let them.

GLINTON: Katherine Philips is a professor of leadership and ethics at Columbia’s business school. She says one of the main reasons companies like JPMorgan don’t usually admit to wrongdoing, is because that will open them to crushing liabilities from plaintiff’s lawyers.

But Philips says there’s another element at play.

PHILIPS: One of the basic kind of psychological needs of human beings is to save face – right? – and to not look stupid, and not look like they don’t know what they’re doing. And people who are in powerful positions, and in charge, oftentimes feel that pressure even more so.”

Read more:

https://www.npr.org/2013/09/20/224296660/why-companies-and-ceos-rarely-admit-to-wrongdoing

ADVISING CLIENTS TO APOLOGIZE

Jonathan R. Cohen, Assistant Professor, University of Florida, Frederic G. Levin College of Law.

“Such factors prompt a question: Should lawyers discuss the possibility
of apology with clients more often? In this Article I argue that, in civil
cases, lawyers should discuss with clients the possibility of apology more
often than they now do.11 Not only is apology morally right and socially
beneficial, but in many cases making an apology is in the client’s (defendant’s)
best interest. This is not to say that there are no risks associated
with apology, not the least of which is the fear that an apology can be used
against one’s client in court as an admission of fault. However, when attention
is paid to the context in which an apology is offered and how it is
made, often “safe” apologies posing relatively little risk of increased liability
can be offered. Further, the possible benefits of apology to the client
(defendant) are under-recognized.”

“An apology can be an important step in preventing future antagonistic
behavior, including litigation. When an injury has occurred, there is a root
question to be resolved: Are you (the offender) my friend or my foe? An
apology signals that the offender wishes to establish or re-establish a
friendly relationship. It is a way of saying to the injured party: “I am your
friend, not your foe.” Implicit in this statement is often a second one, “I
want to have constructive future interactions, not destructive ones.” As
one might expect, this approach frequently works: The offender’s apology
often catalyzes the injured party’s forgiveness.”

“Indignity can be a large barrier to compromise, and in many cases, an
apology is needed before other aspects of the dispute, such as monetary
compensation, can be settled. As Goldberg, Green, and Sander write,
“[At] times, an apology alone is insufficient to resolve a dispute, but will
so reduce tension and ease the relationship between the parties that the issues
separating them are resolved with dispatch.”30 This observation has a
public policy corollary to which I shall return later: If we want to encourage the private settlement of, rather than the litigation of, disputes, allowing
parties to make apologies soon after an injury is critical.”

“Apology and forgiveness may also offer paths for spiritual and psychological
growth. By apologizing for, rather than denying or avoiding,
the damage he caused to his neighbor’s window, Hank becomes a better
person. By failing to apologize, Mr. Tiller may no longer be able to look at
himself in the mirror, or, should he meet her again, look Ms. Jones in the
eye. Responsibility and respect, rather than denial and avoidance, lie at
apology’s core. Within many religious and ethical systems, offering an
apology for one’s wrongdoing is an important part of moral behavior, as is
forgiving those who have caused offense.”

“One strategic benefit of an apology is that, if the injured party receives
the apology early enough, she may decide not to sue. For a legal
dispute to occur, injury alone is not sufficient. The injured party must also
decide to bring a legal claim.36 Taking the step to make a legal claim is
often triggered by the injured party’s anger. An early apology can help defuse
that anger and thereby prevent a legal dispute.37 The lesson here is an
important one. While there are risks to making an apology, there are also
risks to not making an apology. Accordingly, even if an apology could be
used against the offender at trial as proof of the offender’s liability (a topic
I will address shortly), in some cases it may still make sense for the offender
to apologize. The economically oriented might describe such an
apology as a gamble that an offender should take if and only if the expected
benefits from doing so, which depend upon the extent to which an
apology would decrease the likelihood of suit, exceed the expected costs,
which depend upon the extent to which an apology would harm the offender’s
case at trial.”

“VI. CONCLUSION
It is easy to see our world the way it is, and lose sight of the way it
should be. When an offender injures another, one would hope that, to the
extent that the offender feels at fault, he would apologize. This is not only
sound morality, it is a good way to prevent protracted disputes. An apology
helps to subtract the insult from the injury, thereby minimizing the injured
party’s anger toward the offender. Without an apology, what might
have been a minor offense may escalate into a major dispute.

While one could argue that lawyers should discuss the possibility of
apology with clients more often because apologizing when one has injured
another is the right thing to do, which is true, or because society would be
better off if more offenders apologized, which is also true, I have not done
so here. Rather, I have argued that lawyers should discuss apology more
often with their clients because often doing so would make their clients
better off. (Discussing apology with clients may make many lawyers
worse off, but that is another matter.) In many cases, the potential benefits
of apology are great, and when care is taken in how the apology is made—
within a “safe” legal mechanism like mediation, and with attention to nuances
such as admitting fault without assuming liability if insurance coverage
is at issue—the risks of apology are small. While our laws could be
and should be reworked to make “safe” apology easier, our existing legal
rules allow apologies to play a much larger role in legal disputes than they
now do.”

Read more:

https://www-bcf.usc.edu/~usclrev/pdf/072402.pdf

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

NC insurance issues, Hurricane Florence ramifications, Mandatory arbitration impact, Most have no flood insurance, My disability claims impact

NC insurance issues, Hurricane Florence ramifications, Mandatory arbitration impact, Most have no flood insurance, My disability claims impact

“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

“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties. Discovery is a privilege in arbitration, but not a right. Arbitrators can’t enforce subpoenas, meaning you have to file a lawsuit just to get a third party or a piece of information into the hearing. In open court, you don’t have to jump through nearly as many hoops. Further, judgments in court are often more favorable to the consumer, both in the rate of success and the dollar amount of judgments.”…North Carolina Consumers Council

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

 

Hurricane Florence and its subsequent short term and long term flooding impact has been dominating much of the news in NC.

The impact is much worse than most people realize due to the extensive flooding and the fact that most people affected by the flooding do not have flood insurance.

Those who do have insurance coverage may be in for another shock.

The mandatory arbitration clause that may be in their insurance contract and permitted in NC. If they do not get what they consider a fair settlement, they may not be able to litigate, to have an attorney protect their interest in a court of law.

From the North Carolina Consumers Council.

“Mandatory Arbitration Clauses Are Everywhere But Aren’t Good For The Consumer

MANDATORY ARBITRATION TIES YOUR HANDS AND PREVENTS YOU FROM GETTING PROTECTIONS AND REMEDIES AVAILABLE UNDER STATE AND FEDERAL LAW”

“Arbitration can be voluntary or mandatory. Voluntary arbitration is preferred as it preserves your legal rights. Mandatory arbitration, on the other hand, compels you to first submit to the arbitration process as a condition of buying or using a product or service before you take your case to court. In many situations, however, accepting a mandatory arbitration clause means you surrender your rights to further court action at any time in the future for anything.”

“Arbitration providers market entirely to businesses and their arbitrators often consist primarily of corporate executives and their lawyers. So, arbitration is tilted heavily in the favor of the company because the arbitrator is chosen by and paid for by the company. That arbitrator has a financial incentive to rule in the favor of the company in order to be chosen in the future by the company for other arbitration cases. But that doesn’t necessarily mean that the arbitration will not find for the consumer. But arbitrators aren’t required to take law and legal precedent into account when making decisions like in legal proceedings. And since arbitration is private, everything that happens behind those closed doors is supposed to remain secret, meaning there is no public review of the process and no appeal in the case of binding arbitration.”

Read more:

https://www.ncconsumer.org/news-articles-eg/mandatory-arbitration-clauses-are-everywhere-but-arent-good-for-the-consumer.html

I recently received a gift, a blessing, from the NC Insurance Commission regarding my disability claim with Thrivent.

I am not at liberty to release the information at this time.

However, the impact this has had on me is significant.

It is my story and the story of thousands, if not millions of others.

http://eachstorytold.com/2018/09/25/thrivent-disability-claim-denial-and-treatment-impact-on-my-life-2009-to-present-delay-and-deny-alice-in-wonderland-protocol/

From the NAIC, The National Association of Insurance Commissioners, August 15, 2016.

“Peter Kochenburger and Brendan Bridgeland, NAIC Consumer Representatives 
Section One: Why arbitration clauses should be banned”

“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.”

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/

Aside from continuing my disability claim struggle, I hope to play a part in removing mandatory arbitration clauses in insurance policies.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Insurance company intimidation tactics, Fraud allegations bullying, Manipulate situation by choosing what information is relevant, NC Statutes on unfair claim settlement practices

Insurance company intimidation tactics, Fraud allegations bullying, Manipulate situation by choosing what information is relevant, NC Statutes on unfair claim settlement practices

“For members who have found themselves in disputes with Thrivent, the retroactive change rankles. “You’re wondering how Lutheran organizations can treat their own customers that way,” says Mr. Tiedemann, an 83-year-old retiree who navigated the dispute-resolution process for more than two years before giving up.”...WSJ May 30, 2006

“The insurance companies understand that if they deny and deny claims, then many of the claimants will never pursue their claim,”…ABC News Good Morning America April 25, 2008

“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

 

How Do Insurance Companies Use Intimidation Tactics?

“One of the ways an insurance company may try to manipulate the situation is by choosing what information is relevant. If they discover some key information that wasn’t previously communicated to them, they might choose to punish you for not telling them, instead of simply assuming you had made a mistake and asking you to supply the missing information.”

“Unsubstantiated Fraud Allegations: Many insurance providers will allege that their policyholder is engaged in fraud by inflating the value of items in their claim, fabricating events resulting in loss or claiming loss of items that do not exist or were not lost or damaged. Sometimes these allegations will be loosely based on mistakes on a proof of loss form or be completely without any factual support. The objective is to intimidate a policyholder into accepting a lowball offer because of fears that the insured will face potential civil or criminal liability as well as having his or her claim completely denied.”

http://eachstorytold.com/2018/06/30/fraud-accusation-insurance-company-intimidation-tactic-common-intimidation-techniques-tactics-by-insurance-companies-are-unethical-illegal-obligation-of-good-faith-and-fair-dealing-toward-policyh/

From AcomHealth.

“It is a very common device for claims adjusters to allege “fraud” as a means to drive a minimal financial settlement with a provider. The claim by some insurance company employee that “overutilization” has taken place and that somehow, based on self-serving and unreal “guidelines” they are exploring legal action against the provider is, indeed, sobering and probably as intimidating as it is intended to be. As absurd and unethical as this behavior is, it is frequent and it is effective in driving low-dollar settlements by providers even for the most legitimate of claims.”

“While the exact language in the law regarding fraud may vary from state to state, the common elements necessary to prove fraud might be summarized as follows:

Fraud must be proved by showing that the defendant’s actions involved five separate elements:

  1. A false statement of a material fact,
  2. Knowledge on the part of the defendant that the statement is untrue,
  3. Intent on the part of the defendant to deceive the alleged victim,
  4. Justifiable reliance by the alleged victim on the statement, and
  5. Injury to the alleged victim as a result. Source:  Farlex Internet Free Dictionary”

Read more:

https://acomhealth.com/steps-prevent-defend-claims-insurance-fraud/

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”

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_58/GS_58-24-165.pdf

“(11) Unfair Claim Settlement Practices. – Committing or performing with such frequency as to indicate a general business practice of any of the following: Provided, however, that no violation of this subsection shall of itself create any cause of action in favor of any person other than the Commissioner:
a. Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;
 b. Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
c. Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
d. Refusing to pay claims without conducting a reasonable investigation based upon all available information;
e. Failing to affirm or deny coverage of claims within a reasonable time after proof-of-loss statements have been completed;
 f. Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;
g. Compelling [the] insured to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insured;
h. Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled;
 i. Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured;
 j. Making claims payments to insureds or beneficiaries not accompanied by [a] statement setting forth the coverage under which the payments are being made;
k. Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
 l. Delaying the investigation or payment of claims by requiring an insured claimant, or the physician, of [or] either, to submit a preliminary claim report and then requiring the subsequent submission of formal proof-of-loss forms, both of which submissions contain substantially the same information;
 m. Failing to promptly settle claims where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; and

n. Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.”

More here:

https://citizenwells.com/

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To Brad Hewitt Chief Executive Officer of Thrivent Financial for Lutherans, My claims experience my background and thoughts, Request that you read and investigate facts, Opportunity to act out Christian beliefs

To Brad Hewitt Chief Executive Officer of Thrivent Financial for Lutherans, My claims experience my background and thoughts, Request that you read and investigate facts, Opportunity to act out Christian beliefs

“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 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

“Martin Luther may or may not have stated ‘Here I Stand’ but his actions certainly did.”…Citizen Wells

 

I have it on authority that Thrivent does not like what I have written about them.

I recently told the outside attorney who relayed this message that I endeavor to be accurate and do not lie.

I stated that if Thrivent finds any errors or wishes to respond with a rebuttal, I will accomodate them.

I also have not written about my later claims experience yet.

From my recent letter to

Mr. Mike Causey

NC Insurance Commissioner

” Most of my adult life was spent in IT. My first job was with a top 20 accounting firm in Greensboro. I taught college Computer Science for 5 years. The rest of my IT career was spent in higher level IT/management positions or in my own consulting firm. I represented 3 NC companies in Manhattan for their IT matters. I had the highest level of real estate licensing in NC, Broker in Charge until 2009. I have had 3 successful motions in NC court and zero failures.

I was baptized as an infant in the Lutheran Church, went through catechism class, was an acolyte, joined the church at age 12 and sang in a choir for years. The first time I was self employed in 1985, I took out a disability policy with AAL, Aid Association for Lutherans, a fraternal benefit society licensed to sell insurance in NC. They later became Thrivent. I believed I could trust them then.”

I have addressed to or copied Mr. Brad Hewitt, Chief Executive Officer of Thrivent Financial for Lutherans, multiple times over the years.

Someone(s) at Thrivent have read some of what I have written about them and my first claims experience

Mr. Hewitt, I hope this article reaches you.

  • From the “Thrivent’s Christian Calling” pdf: “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”
  • From Thrivent vs Perez Sept. 29, 2016: “The MDRP is the sole means for presenting and resolving grievances, complaints, or disputes between Members, insureds, certificate owners or beneficiaries and Thrivent or Thrivent’s directors, officers, agents and employees. The MDRP reflects Thrivent’s Christian belief system and strives to preserve Members’ fraternal relationship.”
  • I can assure you that the “core Christian beliefs” touted in the above did not manifest in my claims experiences with Thrivent. The whole of my experience has been the recipient of adversarial and argumentative postures.
  • No one from the Thrivent headquarters/claims office ever expressed any concern over my well being or in truly helping me through difficult times. Not the least hint of living out Christian values.
  • I believe that your staff, especially your corporate and outside legal resources, believes they are right and I am wrong. I have dealt with numerous attorneys and their specialty is adversarial positions. They don’t however like being lied to. Your upper level staff has been misled.
  • My first claims experience, though simpler in scope, covers a lot of territory. It reveals much of a pattern I have experienced with Thrivent that may explain partly my last claims experience.
  • My first claims experience was presented here along with a summary. It contains indisputable facts that explain my level of frustration and dissatisfaction with Thrivent. I strongly suggest you read it and investigate and then reach out to me.
  • The bottom line is that Thrivent used the wrong language on the claims form, the language that the doctor had to follow for date of disability. I was ignored and ultimately slandered and libeled by Thrivent personnel (I have the transcript). Thrivent later corrected the claims form. They did not apologize to me or make restitution to me for my ill treatment.
  • In a recent email I sent to your outside attorney I stated:
    “We appear to be at an impasse.
    I am an expert on business & business systems. Over 30 years experience,
    with customers with $ 5 million to over a billion in sales.
    I represented 3 companies in Manhattan.
    My proposal:
    Take this out of the legal/adversarial mode.
    Hire me as a consultant to explain what happened and to prevent it from happening again.
    They tout the MDRP program as benefiting the members and representing their core Christian values.
    What better way to exemplify it than to create a win win situation, heal our wounds & to fix any problems in the system.
    I am certain a bible verse applies.”
  • This was difficult for me to write after what has transpired with the financial, physical and emotional toll on me. However, it is closer to what I believe is a Christian posture.

Here I stand.

First claims experience.

https://citizenwells.com/2018/07/25/thrivent-incompetence-misrepresentation-fraud-my-first-claims-experience-not-unique-thrivent-touts-core-christian-values-and-beneficial-dispute-resolution-wolf-in-sheeps-clothing-directed-by-devi/

 

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