Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means
“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017
“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15
“Martin Luther may or may not have stated ‘Here I Stand’ but his actions certainly did.”…Citizen Wells
From Thrivent Financial for Lutherans v. Colin Brock.
“This interlocutory appeal and original proceeding arise from a dispute between Colin Brock and his insurer, Thrivent Financial for Lutherans (“Thrivent”) over nonpayment of disability benefits, which Brock claims Thrivent owes him under a Thrivent insurance policy. As required by the policy, the trial court compelled the parties to arbitrate. Following an evidentiary hearing, the arbitrator denied Brock’s claims. Thrivent moved the trial court to confirm the arbitration award. In turn, Brock requested the trial court to vacate the arbitration award on the ground that the award was obtained “by fraud, corruption, or other undue means.” The trial court signed an order denying Thrivent’s motion to confirm the award, vacating the arbitration award, and directing a rehearing before a new arbitrator. Thrivent appeals the order and also seeks review by way of a petition for writ of mandamus. Brock contends that we have no appellate jurisdiction over the interlocutory order and requests that the petition for mandamus be denied.
We dismiss Thrivent’s interlocutory appeal for lack of jurisdiction and deny its petition for writ of mandamus.”
AAL, Aid Association for Lutherans, implemented a change to their contracts, retroactively in 1999, to impose mandatory dispute resolution consisting of Appeal, Mediation and Arbitration in lieu of litigation. Their member dispute resolution program is referred to as MDRP. They claim, and many courts have upheld that they could implement and enforce the change retroactively due to their fraternal status. This has not been challenged in all states and since the states differ on how insurance entities are treated, this is still an open question.
The embracing of mandatory arbitration has become widespread in consumer and employment contracts. This has led to a huge impact on our day in court and given companies much power to control outcomes and continue unsavory practices, harmful to consumers.
This is not just a Thrivent problem or insurance problem, it is a problem affecting the daily lives of all Americans. Thrivent’s practice of using their special status is particularly unjust and alarming and runs contrary to their platitudes touted in company policies.
Thrivent v. Brock revelations and questions.
- Brock alleges: “the award was obtained ‘by fraud, corruption, or other undue means.’” We have no way of knowing because the MDRP, culminating in arbitration, was held behind closed doors, out of the light of day of a courtroom.
- Brock had taken the arbitration decision to trial court and next the appeals court. How much were the legal fees?
- Thrivent has a large legal staff and engages outside legal firms who specialize in disability cases.
- How much time elapsed from the first disability claim to the appeals court decision and probable redo of arbitration?
- What happened next? Arbitration? What was the outcome.
- What is Colin Brock’s disability? Is it life threatening or painful? Is Mr. Brock getting adequate treatment?
- Was Mr. Brock able to pay his bills? Feed a family?
- How has the MDRP process helped Mr. Brock? Did he experience the blessings of the Christian beliefs touted by Thrivent?
- How many Thrivent members drop out of this MDRP process for various reasons such as too engulfed in pain and stress or discouraged by improper Thrivent procedures and attitudes? Mr. George Tiedemann went through the process for 2 years and dropped out. He was 83.
- How many Thrivent members were shocked to find out that the policy they took out years earlier, had been modified without their consent or signature?
- How many Thrivent members sought legal representation to no avail because many attorneys will not touch a case with mandated arbitration?
“Thrivent’s Christian Calling
Thrivent’s Lutheran heritage of answering God’s call has led to a strong membership-owned organization that now welcomes Christians seeking to live out their faith.
Fraternal benefit societies have a common bond among members. Thrivent’s common bond is Christianity. We embrace the core Christian beliefs as articulated in the Apostles’ Creed as follows:
I believe in God, the Father almighty, maker of heaven and earth.
I believe in Jesus Christ, his only Son, our Lord, who was conceived by the Holy Spirit, born of the virgin Mary, suffered under Pontius Pilate, was crucified, died, and was buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven and is seated at the right hand of God the Father almighty. From there he will come to judge the living and the dead.
I believe in the Holy Spirit, the holy Christian Church, the communion of saints, the forgiveness of sins, the resurrection of the body, and the life everlasting.
If you share these beliefs, we invite you to join other Thrivent members called to pursue a life of generosity and wisdom with money.”
Here I stand.