Category Archives: Civil rights

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/

 

Compare Google patents to Data Mine your home and kids’ bedroom to passages from 1984, Big Brother is watching you

Compare Google patents to Data Mine your home and kids’ bedroom to passages from 1984, Big Brother is watching you

“We control life, Winston, at all its levels. You are imagining that there is something called human nature which will be outraged by what we do and will turn against us. But we create human nature. Men are infinitely malleable.”…George Orwell, “1984″

“”You’re a traitor!” yelled the boy. “You’re a thought criminal!””…George Orwell, “1984”

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

From Zero Hedge November 22, 2018.

“Google Wants To Data Mine Your Home And Kids’ Bedroom

New patents show Google is quietly developing a smart-home automated system that will routinely eavesdrop on your daily life.

The patents describe how cameras and sensors will be mounted in almost every room of the house, scanning and analyzing every movement a human makes.

According to the patent description, the smart cameras could recognize Will Smith’s face on a T-shirt. After cross-referencing this data against the human’s browser history, the smart-home might announce or send them a message, “You seem to like Will Smith. His new movie is playing in a theater near you.”

By blending that with an in-depth analysis of other electronic devices in the home, and audio signatures to determine gender, Google will have enough data to create a corporate profile on the human and even their family. 

The system will then calculate “fashion tastes” by scanning the human’s outfit, and could even determine their income or social class based on any “expensive mechanical and/or electronic devices” it detects.

Even creepier, the smart-home will track audio signatures too, could be used to identify users, but also determine gender and age.”

Read more:

https://www.zerohedge.com/news/2018-11-20/google-wants-data-mine-your-home-and-kids-bedroom

From “1984” by George Orwell.

“A Party member lives from birth to death under the eye of the Thought Police. Even when he is alone he can never be sure that he is alone. Wherever he may be, asleep or awake, working or resting, in his bath or in bed, he can be inspected without warning and without knowing that he is being inspected. Nothing that he does is indifferent. His friendships, his relaxations, his behaviour towards his wife and children, the expression of his face when he is alone, the words he mutters in sleep, even the characteristic movements of his body, are all jealously scrutinized. Not only any actual misdemeanour, but any eccentricity, however small, any change of habits, any nervous mannerism that could possibly be the symptom of an inner struggle, is certain to be detected. He has no freedom of choice in any direction whatever. On the other hand his actions are not regulated by law or by any clearly formulated code of behaviour. In Oceania there is no law. Thoughts and actions which, when detected, mean certain death are not formally forbidden, and the endless purges, arrests, tortures, imprisonments, and vaporizations are not inflicted as punishment for crimes which have actually been committed, but are merely the wiping-out of persons who might perhaps commit a crime at some time in the future.”

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Fourteenth Amendment birthright citizenship, Trump right Ryan and other Democrats wrong, Alien parent(s) must be domiciled in US legally, Misquoted and misused to protect Obama and agenda

Fourteenth Amendment birthright citizenship, Trump right Ryan and other Democrats wrong, Alien parent(s) must be domiciled in US legally, Misquoted and misused to protect Obama and agenda

“Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”…Marbury V Madison

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Attorney Mario Apuzzo has done an oustanding job for years of clarifying the US Constitution and statutes in regard to US citizenship and Natural Born Citizen.

The following addresses the citizen birthright bestowed by the Fourteenth Amendment.

“In Article II, the Constitution demands the status of “natural born.” In the Fourteenth Amendment, it demands “born” in the United States and “subject to its jurisdiction” at the time of birth. Only a child born in the country (or its jurisdictional equivalent) to citizen parents can be an Article II “natural born” “Citizen of the United States.” Minor v. Happersett (1875). In contradistinction, a child born in the United States (or its jurisdictional equivalent) to one or two alien parents can under the Fourteenth Amendment be a “born” “citizen of the United States.” U.S. v. Wong Kim Ark (1989).  It should be noted that Wong Kim Ark also added in its holding that the alien parents of the U.S.-born child were domiciled in the United States.  The Court felt that the fact of domicile gave the United States sufficient jurisdiction over the parents which at birth spilled over to the child.”

http://puzo1.blogspot.com/search?q=fourteenth

There is a huge difference between visiting the US illegally and being legally domiciled here.

Legal definition: “Domicile is a person’s permanent place of dwelling. It is a legal relationship between a person and a locality. ”

state of domicile.: “The state in which a person has his/her permanent residence or intends to make his/her residence, as compared to where the person is living temporarily.”

Case closed!

Next subject.

Once again, Trump is right and the Democrats and spineless RINOs are wrong.

 

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/

 

Key Risk unleashes devils advocates against Mario Seguro-Suarez, Workers comp claimant, Fell 18 feet head-first onto concrete floor, Emergency brain surgery & damage, Accused of fraud & jailed

Key Risk unleashes devils advocates against Mario Seguro-Suarez, Workers comp claimant, Fell 18 feet head-first onto concrete floor, Emergency brain surgery & damage, Accused of fraud & jailed

“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

“For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”…Ephesians 6:12

 

If the following is true, I hope that Key Risk is sued for every penny they have and put out of business.

From the Charlotte Observer via InsuranceNewsNet.com October 23, 2018.

“Company couldn’t cut disabled worker’s benefits, so it ‘went rogue,’ lawyer says

In 2003, after Mario Seguro-Suarez fell 18 feet head-first onto the concrete floor of his Lincolnton workplace, his employer and its insurance carrier acknowledged that his disabling brain injury qualified him for workers’ compensation benefits.

Court documents reveal the lengths that Key Risk Insurance Co. went not to pay them.

The Greensboro-based company disregarded years of medical opinions — including several from its own doctors — that Seguro-Suarez was indeed left disabled from his fall at the Southern Fiber factory, documents show.

Over the past 15 years, Key Risk has made multiple trips to courts and before the N.C. Industrial Commission to argue that Seguro-Suarez has been faking his symptoms and that his benefits should be cut off.

When the company lost those fights, it kept appealing — and losing.

When all else failed, says veteran Charlotte attorney Woody Connette, Key Risk “went rogue.”

First, it had the idled worker followed and videotaped for weeks, court documents say. A private investigator then took what a detective would describe as misleading information to Lincolnton police to accuse Seguro-Suarez of insurance fraud. He was arrested, jailed and later indicted.

The charges were thrown out in 2014, drawing a withering rebuke from the Lincoln County judge who heard them.

Now, Seguro-Suarez and his attorneys are suing Key Risk and others for malicious prosecution. In September, the N.C. Court of Appeals — the state’s second highest judicial body — refused the company’s motion to have the 2016 lawsuit thrown out.

Charlotte attorney Woody Connette, who is serving as legal guardian for Seguro-Suarez in his Key Risk lawsuit because the worker has been found incapable of representing himself, says the company’s actions are unlike any he’s encountered in his 40-year legal career.

“I have seen some outrageous abuses of the system by insurance companies, but this is the most outrageous,” Connette told the Observer.”

“Seguro-Suarez’ fall in January 2003 left him in a coma and put him on a respirator.

Following emergency brain surgery at Carolinas Medical Center in Charlotte, the Costa Rican native was unable to clothe, feed or clean himself, documents say. He also displayed radical mood swings and was deemed incapable of returning to work.

A doctor who treated Seguro-Suarez described him as “childlike.” One of his workers’ comp attorneys, Rick Anderson of Charlotte, says multiple tests place Seguro-Suarez’ current IQ at around 70, in the bottom 1 percent of all North Carolinians.”

“In October 2014, Seguro-Suarez was arrested on 25 felony counts, including insurance fraud and obtaining property under false pretenses, documents indicate.

The criminal case against him began crumbling early on. After his first court appearance, a psychologist with the state prison system found Seguro-Suarez mentally incapable of standing trial, documents say.

Superior Court Judge Forrest Bridges of Lincolnton ridiculed the charges.”

“In October 2016, Seguro-Suarez sued for malicious prosecution. The complaint names Key Risk and four of its employees, including Senior Vice President Joseph Abriola, as defendants. Hill, the investigator, is also included.

Key Risk appealed. In January 2017, Superior Court Judge Jesse Caldwell of Gaston County refused to dismiss the complaint. Again, Key Risk challenged the ruling, this time to the Court of Appeals. In September, Key Risk again lost.

In June, the Industrial Commission rejected the latest company latest appeal and locked in Seguro-Suarez’ benefits for life.”

Read more:

https://insurancenewsnet.com/oarticle/company-couldnt-cut-disabled-workers-benefits-so-it-went-rogue-lawyer-says#.W9CfGWhKi1s

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

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 Commission

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 Commission

“We ended the year with a total adjusted surplus of $ 4.6 billion.”…Thrivent Magazine spring 2010

“Most private consumer lawyers are very reluctant, or completely unwilling, to
represent clients in a system that they believe is rigged against consumers.
Unlike the banking industry lawyers, consumer lawyers generally only get
paid if they win cases. Many of them have a reasonable, earned distrust of
forced arbitration, and extensive surveys of consumer lawyers consistently
show that most will walk away from a case rather than go to arbitration.”…CFPB study May 18, 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

 

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.

Prior to my receipt of the new evidence, I requested that we proceed to mediation in a letter I wrote to Thrivent dated June 11, 2018:

“I was informed that the appeal process was reopened after the mediation session of February 2017. This was the result of a discussion between my attorney, attorney Wayne Luck and the mediator, Mr. Gwyn. Mr Gwyn passed away over six months ago. Recently my attorney filed a lawsuit and Thrivent reiterated that we are bound by the MDRP process. My recommendation is that we go to the next step following appeal, Mediation.”

In that letter I went into much detail about the fact that the first mediation was improperly conducted.

Response from Thrivent’s outside attorney July 12, 2018.

“You asked to be informed if “there is a change of heart or philosophy.” Based on the facts as Thrivent now understands them, it will not change its position regarding mediation.”

Based on the premise: “Fool me once, shame on you. Fool me twice, shame on me.”

If Thrivent had treated me squarely, with concern for me as a member and human being, I might have embraced arbitration.

On August 9, 2018, Thrivent’s current outside attorney sent the following:

“Please know that Thrivent’s hope in commencing arbitration is that your long-standing dispute with the Society can be resolved with finality, which is to the benefit of you and Thrivent alike.”

Seems sincere, right?  I have no ax to grind with the attorney at this point. He is acting on Thrivent’s information and instructions.

The next day, August 10, 2018, the letter from Thrivent’s senior claims examiner perpetuates (and explains) the “Alice in Wonderland” position and uses that bizarre explanation to attack me.

So much for sincerity.

I sent the following to the attorney on August 22, 2018:

“Thrivent may or may not have informed you of their response to the NC Insurance Commission query regarding my complaint.

[Redacted] of Thrivent sent a 6 page response dated August 10, 2018.

Since you are the newest and therefore most “innocent” player in this controversy, represent Thrivent in some capacity, an officer of the court and bound by the ethics of the NC Bar, and, because I believe it is the right thing to do, I am giving you a heads up.”

I have also learned a great deal about arbitration and its mandatory use in insurance policies.

The following aspects are problematic:

1) This matter could have been cleared up years ago, in a courtroom or simply by representation from an attorney with the specter of going to court a possibility.

2) Thrivent maintained that we were bound by their MDRP, Member Dispute Resolution Program, which they enacted retroactively.

  • My policy was taken out in 1985. Litigation was permitted.
  • Thrivent changed their bylaws in 1999.
  • Thrivent made this change retroactive. State law allows as long as contract benefits are not diminished or destroyed.
  • I increased my coverage in 2000. This bylaw change was not presented to me nor did I agree to it.
  • Notification after my claim in 2009 that I was bound by the MDRP was unjust and diminished my contract benefit.
  • Most attorneys will not take on clients with mandated arbitration contracts on a contingency basis. I discovered that personally.
  • Thrivent, via outside attorneys, kept changing their position on arbitration. This, along with other tactics, led to my loss of legal representation.

 

3. The NAIC, National Association of Insurance Commissioners, on August 15, 2016 stated:

“Why arbitration clauses should be banned”

“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.”

https://www.naic.org/documents/cmte_d_predispute_arbitration_wg_exposure_kochenburger_and_bridgeland.pdf

4. The North Carolina Consumers Council states:

“The problem comes with mandatory or forced arbitration where you are giving away your legal rights if the arbitration process doesn’t work in your favor. Companies have the advantage in arbitration and want you to go through the arbitration process.”

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

5. National Association of Consumer Advocates June 23, 2012: “According to NACA’s survey of nearly 350 consumer attorneys, it is clear that private arbitration does not compare at all well to our nation’s traditional justice system. Consumers have lost the opportunity to assert their rights under many state and federal consumer protection statutes because of pre-dispute binding mandatory arbitration.”

https://www.consumeradvocates.org/sites/default/files/NACA2012BMASurveyFinalRedacted.pdf

6. CFPB study May 18, 2016: “Most private consumer lawyers are very reluctant, or completely unwilling, to represent clients in a system that they believe is rigged against consumers. Unlike the banking industry lawyers, consumer lawyers generally only get paid if they win cases. Many of them have a reasonable, earned distrust of forced arbitration, and extensive surveys of consumer lawyers consistently show that most will walk away from a case rather than go to arbitration.”

https://financialservices.house.gov/uploadedfiles/hhrg-114-ba15-wstate-pbland-20160518.pdf

7. Arbitration, lacking the protections of litigation, is binding.

I have tried repeatedly to resolve this injustice and have reached out with an olive branch, which was difficult given what has transpired and the impact on my life.

Mr. Hewitt, in the Citizen Wells article of July 30, 2018 I appealed to you to investigate my case since I believed that you and management have been misinformed.

I also conveyed an attempt I made with your attorney to make lemonade out of lemons:

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.”

Response from Thrivent outside attorney June 29, 2018:

“As to your offer to serve as a consultant, we appreciate your creativity. Thrivent, however, is constrained by the MDRP program, and hiring you is simply not an option. ”

Our options are narrowing.

Wells

 

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https://citizenwells.com/

http://citizenwells.net/