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Corporate Crimefighters Newsletters UNUM,ACC, Fraud, Corporate crime.

#41 Guest_IDB_*

  • Group: Guests

Posted 10 June 2004 - 02:22 PM

Read HTML version online: http://archives.zine...5758/18643.html


CORPORATE CRIMEFIGHTERS OF AMERICA -- June 9, 2004

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DR. JUDY RESPONDS TO JUDGE PONSOR'S UNFAIR, UNINFORMED, "DIDN'T BOTHER TO READ THE EVIDENCE" PRO-INSURER "JUDGMENT"

http://www.corporatecrimefighters.com/html...1.04_redact.htm

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THE IME HANDBOOK IS NOW ONLINE

IME's are designed to screw you over. If you're going to one you need to read this handbook. And also the other IME link on our front page:

http://www.micethatroar.com/ime.pdf

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OOPS, A READER POINTED OUT WE CHEERED ONE OF THE BAD GUYS

I am concerned with your most recent Internet posting. You provide a link to Justice Edith Jones as if she were some judicial saint. In fact, it is justices like Justice Jones who are the ones who are responsible for the nightmarish Hell visited upon Dr. Judy. She opposes any class action lawsuit to stop UNUM from cheating the public. She opposes almost every type of lawsuit by consumers against business and thinks that women empoyees who are grobed and sexually assualted at work should know their place and not complain and certainly not file lawsuit. She thinks that criminal defendants whose attorneys sleep during their trial received a fair trial. She see nothing wrong with prosecutors telling juries that it is OK to send a Gay Person to prison because homos like to get screwed.

Justice Jones' idea of a corrupt judicial system is one which allows Dr. Judy to file a lawsuit against an ERISA Plan -- it is an extention of the Employer and employees should not sue Employers. Her idea of a proper legal system is where Dr. Judy woud show due respect to her Employer and the Disability Plan provided by her Employer by simplying dying quietly. Appellate Justices like Jones are the reason UNUM is able to cheat and even murder so many innocent people. You cannot complain about the treatment Dr. Judy received and promote Justice Jones. She is probably to the right of Scalia and Thomas.

http://www.auschron.com/issues/dispatch/20...pols_naked.html

http://tspweb02.tsp.utexas.edu/webarchive/..._s02_Jones.html

http://www.law.virginia.edu/home2002/html/...judge_jones.htm

Webmaster's comments: This happens a lot. Crooked politicians and judges whose only purpose is to screw the people often mask themselves as proponents of "justice" and "fair play." Just about every so-called "citizens" tort reform group, for instance, is an insurance industry front bent on destroying your right to fight them. You have to be very careful whom you endorse. Even I can make a mistake by only skimming articles. I did that once by recommending the Jail 4 Judges site, which turned out to be a front for corporate activists bent in installing pro-corporate judges, when I thought, on first glance, they wanted to go after crooked judges. You have to be very careful these days about what you endorse since the bad guys are so damned slick.

Thanks to atty. Richard MacNaughton for pointing this out to us.

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IME INFORMATION

From: [email protected]

Jim,

I hope you are aware that under Florida law all IMEs for any kind of insurance and/or any doctors appointment are allowed to be video taped or voice recorded as long as you notify the doctor in advance. Some doctors will tell you that you have to have a court videographer do it and they have certain rules you have to comply with but that is not true. You can take anyone you want in to video your exam and conversations with the doctor. There are no rules as to what you can and cannot video but a doctor can make his own rule. However if you aren't agreeable to those rules you just say so and the doctor most likely won't do the appointment and then you go back to the insurer to get another doctor. If you trust your doctor I wouldn't video the appointment but I would definitely video at least
all IMEs and FCEs. You can video any of it including physical therapy if you so desire as long as you notify them before the appointment. A video of an appointment is particularly helpful in court if the doctor is abusive, doesn't examine the patient or only spends a few minutes with the patient before making a diagnosis or impairment rating. It is also helpful if the doctor says the patient is hostile or uncooperative if that is not true because the patient then has proof of his/her demeanor and behavior during the appointment. It also lessens the probability that a doctor is going to change his diagnosis after the patient leaves without firm evidence to the contrary or after an adjuster calls to try and influence the outcome of the exam. It also helps to keep the doctor from telling the
patient one thing and the carrier another.

Also if the Governor put together the multi task force on Unum it will be a sham. Try and get people to these meetings to get their stories on the record. There are always reporters there and you can often talk with them after meetings. Also if you want some objective media contacts I can give you some names of Florida reporters we use that are good. You have to build a relationship with them and give them credible people to talk to who really know what they are talking about but there are some newspaper reporters in this state that are pretty good at attacking insurers. You start by sending them email and then calling them. Talk reasonably to them and get to know them and they will be more inclined to do stories for you. Just be sure that you and/or anyone you send to talk with them
have proof of what they are saying and make sure the people are not so angry that they can no longer carry on a level headed and reasonable conversation with the reporter. If you want the list I will be glad to send it to you. Just know that it sometimes takes months to get a story done depending on the length of the story and of course the editors priorities. That doesn't mean they won't do the story. You just have to be patient and continue to talk with them. If you want reporters I will only give you a list of reporters who are usually very accurate and do a lot of research to be sure they know what they are talking about before they write the story. That may take them longer to write the story but a story that is not accurate in no story any way. I will not send you to the reporters
that twist your words or try to get an injured person to exaggerate their injuries to make the story better. Let me know what you want to do here.

Mary

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ANOTHER GOVERNMENT ATTEMPT TO ROB OUR RIGHTS AND PROTECT CORPORATE CRIMINALITY

After trying to curb class-action suits for years, corporate whores in the Senate, led by Bill Frist, finally have enough support to ram legislation through to limit lawsuits against corporate terrorists ['what they call an overabundance of frivolous cases against American businesses']. A decision by Majority Leader Frist to push forward immediately on that legislation instead of finishing work on a defense bill may have the effect of forcing the GOP to wait even longer before claiming a victory that big business has sought for years.

Webmasters comment: Frankly, class action suits don't always do much for the class members, but since the government totally refuses to police insurers, even though they often require you to buy it, they are the Only thing to keep insurers and corporations in line. Large class awards, along with the consequent bad publicity, are the Only punishment they may get for murdering and robbing their victims. And frankly, if they aren't punished for their crimes they will keep on doing them.

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SCUMMY SCHWARZENEGGER SIDES WITH INSURERS AND ROBS THEIR VICTIMS

The New York Times National Schwarzenegger Sees Money for State in Punitive Damages

By ADAM LIPTAK Published: May 30, 2004

Gov. Arnold Schwarzenegger's new budget aims to raise almost half a billion dollars by taking 75 percent of the punitive damages that juries in California award to plaintiffs. In the process, he proposes to limit the fees lawyers can charge their clients and to protect defendants from multiple punitive awards for similar conduct. Critics say the proposal is a Trojan horse. Though the governor presented it as a budget measure meant to raise revenue, it is, they say, a comprehensive revision of the rules governing punitive awards in injury cases - not a tax but tort reform in disguise.

At hearings in Sacramento this week, lawmakers are to hear from scholars, consumer advocates and business groups, many of whom say they find aspects of the proposal dangerously flawed. Unlike compensatory damages, which are meant to pay plaintiffs for their losses or injuries, punitive damages are intended to punish and deter defendants who engage in egregious wrongdoing. They are thus similar in purpose to criminal fines.

Webmaster's comments: The state, which Never protects the insured with their laughable and corrupt DOIs, will be right there with its hand out to rob the victims it refused to do anything for. The "protecting defendants" provision means that once a corporation pays once for killing someone or wrecking their life, they have a "get out of jail free" card for the rest of eternity. This idiot proposal is going to actually encourage corporate criminality.

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QUOTE OF THE MONTH

"Men only use thought as authority for their injustice, and use speech to conceal their thoughts." --Voltaire

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ANOTHER CORRUPT AND EVIL JUDGE BACKS AN INSURER (HEY, THEY CAN'T FORGO THOSE "SPEAKING FEES")

On May24-2004, I attended a MSC for liens that were on my cases starting in 1988. One lien claimant rec'd 6,000 settlement for a 27,000 dollar bill which started in 1987.

Judge Volkan stood before all in the court room and shared her glee on the fact that "settlement" is what she likes to hear.

Another lien claimant walked out with nothing because the judge said that 50% to 0% of case was 0%. Many other lien claimants were unavailable. Due largely to the fact they had waited so many years and that it was a waste of time to go after liens that would not be paid anyway. I believe the amount of those liens well surpass 100,000 dollars easily. My personal health care providers are left with a huge tab because the wc insurance carrier like Kaiser fought vigorously for a very long time, winning with time and (patients) money.

One Kaiser attorney Ted Richards brought to light the Serious and Willful penalty (still left from the 1988 case which the judge dismissed back in 2001 with prejudice and lack of a doctor's report) before the judge and asked for sanctions against me. I stated you can't '' get blood out of a turnip" and the Judge Volkan stated "attorneys can get blood out of a stone" following up on how tenacious attorneys can be. She also stated that Serious and Willful had to show specifics, such as the employer violating the health and safety of employees. I said I knew about that. She also said that under the new law SB899 penalties may have changed. I told her I had already read SB899. All this for intimidaton sake to drop the Serious and Willful!.

I did tell the judge I would take my chances and go forward with the Serious and Willful. Clearly, she is prejudiced and interested in making her job easier. Heaven forbid that a judge have to conduct a trial. That is too much like doing their job.

In just a matter of several days I rec'd a motion from Ted Richards asking Judge Volkan for sanctions against me and for me to pay Kaiser attorneys fees and expenses. Kaiser never acted that fast in favor of any of my needs. I'm still waiting after 16 years.

For 16 years I have pressed on with the injustices set forth by Kaiser and now the injustices set forth by the WCAB and upper courts. I'm clearly one of millions, just a microcosm of the unconscionable and despicable actions towards employees by the employer, the insurance carrier and the worker comp judicial process. Kaiser has already robbed me of my healthy body, my finances and has affected my family in so many ways that it is immeasurable to be compensated for.

ANYONE interested in what went on to cause me to file my first case back in 1988, please go to www.kaiserpapers.org. A public service page. Then go to Dina Padilla -We were patients too! and read about what I witnessed as an employee. This HMO has been working behind the scenes for years with patients money to become the leader in Universal Health Care by 2007. I was in a SEIU contract bargaining agreement negotiations in 1992 and KAISER WAS tauting themselves then as the UNIVERSAL CARE PROTOTYPE TO EITHER BUSH OR CLINTON WHO EVER WWON THE ELECTION THAT YEAR.

Kaiser already owns many of the HMO's across the country. They have lied to and fooled the government into thinking they're the cheapest and best way to go. But how much is your life worth and do politicians who taut this Universal Health care plan for the American public have the same health care for themselves?

HOW MANY PEOPLE HAVE TO BE MAIMED OR KILLED FOR PROFIT? BUYER BEWARE, PATIENT BEWARE AND EMPLOYEE BEWARE!

Sincerely,
Dina Padilla President of VOICES-Ca.Chapter
[email protected]

Webmaster's comments: It has been my fond desire for a long time to start a Real corruptjudges.com site, but I have neither the time nor the money. Heck, I have to beg for contributions just to keep going this one effort for next month (PO Box below ;')

If only it was like in the comic books. Instead of the bad guys having all the money, Batman had inherited wealth to fight them. Only in real life the guys who inherit always seem to Be the bad guys. Oh well.

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A SUBJECT I OFTEN SPEAK OF - OUR LYING AND CORRUPT MEDIA
(AND DON'T BELIEVE YOUR HISTORY BOOKS EITHER)

Doublespeak and the Lies of our non-free Corporate Media

Orwell Rolls in His Grave (Seattle Film Festival)

http://www.buzzflash...ell/default.htm

Screening at The Seattle Film Festival June 3 & 6, 2004

Has America entered an Orwellian world of Doublespeak where outright lies can pass for the truth?

Are Americans being sold a bill of goods by a handful of transnational media corporations and political elites whose interests have little in common with the interests of the American people? Orwell Rolls in his Grave explores what the media doesn't like to talk about -- itself.

Filmmaker Robert Kane Pappas has brought together an ex-"60-minutes" Producer, a United States Congressman, as well as some of the country's leading intellectual voices on the media to examine the mix of business, politics and ideology that is the modern mainstream media.

"A marvel of passionate succinctness...refrains from preaching to the choir" -- Ronnie Scheib, Variety

"...A documentary that skewers the news media and its owners in a way that seriously chills and disturbs, and is the best rabble-rousing piece of its kind I've ever seen" -- Jeffrey Wells, HOLLYWOOD elsewhere

It isn't a partisan spray for the converted, it's an incredible collection of documentation and first hand testimony as to what is happening to us behind our backs - and under our noses... " - Chris Parry EFilmCritic.com

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UNUM HIDING UNDER ANOTHER NAME

Hi Mr. Mooney, Hope you are doing better, and thanks for your hard work for everyone out there. I was wondering if you knew that Unum is now called RBC insurance, this was recent, I think just in Canada, I don't know if in all Canada, or what, but I know its just like the same people, I don't know if all the people are the same, e tc...but so far, some are, etc..but they who were Unum, are saying they are now called the other, and the other, is the insurance company of a big, well known bank here, Royal Bank Insurance.?!?!?!?! ?What do you think of this? Thanks God Bless, Julie in Canada

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SCIENCE DETERMINED BY POLITICS

According to WIRED magazine, the Bush Administration is now declaring what is true and what is not in science, not by the time-honored test of experiment or peer review, but by political expediency. It has gotten so bad that many branches of American science, from biomedicine to ecology, are now regarded as a laughingstock in the world scientifiic community, rather the way much Soviet science was disregarded when Stalin and Lysenko decreed what was true, whether it fit the facts or not.

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JUDY LINKS SOME IMPORTANT CASES

Since this question gets asked A LOT, you should have a link to the cases. This is the one I keep running accross that seems to indicate that they don't have rights, but you should get one of your legal beagles to interpret it for the group. I think this is Richard McNaughton's case and he has been with our group from time to time.

I don't have time to read/analyze it.

Great-West Life & Annuity Insurance Co. et.al v. Knudson et.al. US Supreme Court No. 99-1786, Jan. 8, 2002 http://laws.findlaw....00/99-1786.html

Also please put out this URGENT message to the group:

This is Judydoc. I'm responding to Judge Ponsor's March 23, 2004 MESS that he made of my case. The fatal flaw is that:

Judge Ponsor's has refused to believe the validity of my claims BECAUSE THE SYMPTOMS ARE SUBJECTIVE. He refuses to believe the validity of my doctor's sworn statements because they are based on SUBJECTIVE statements by me.

However, there is lots of case law on CFS and other "subjective" disabilities (please also send any more you can find, especially 1st circuit), which were completely ignored by this judge that:

1.CFS IS DIAGNOSED SOLELY BY SYMPTOMS 2.You can't call a person a liar (or choose to "disbelieve" them, including their sworn statements), simply BECAUSE THEY ARE SUBJECTIVE without some other compelling evidence of deceit or dishonesty. 3.Judge Ponsor can't require me to prove more evidence than is required by THE LAW, the LAW IN THIS CIRCUIT (i.e. Abdus-Sabur), CFS law (Eastman Kodak, etc.), the policy (my policy has no exclusion or limitation for diseases that have no objective tests. 4. I'm being deprived of due process when the judge ignores or does not read my pleadings 5. Also he relied heavily on a 2004 Sup. Court case that I did not have a chance to refute because a) the pleadings had all been written in 2003; the judge refused my requests for a hearing that I made several times
since Judge Freedman died and Ponsor ruled. I was sandbagged. (among other things)

Unfortunately I fear that, like Judge Edith Jones said (whether or not you like her politics, she DOES have a valid point), Judge Ponsors decision and the way they were made REEK of politics over what is "morally right."

Maybe he does aspire to that SC position because he's following in the path of the ridiculous statements that are routinely made by Rhenquist and Scalia (my favorite about how factual innocense is no excuse to overturn a validly obtained conviction - ?Scalia or Rhenquiest).

So I think I am one of the sacrificial lambs for Judge Ponsor's legal ambitions. He seems to be trying to impress SOMEONE with just how ridiculous he can be.

So if any of you can do some kind of data search for me ASAP - key words

First Circuit or Supreme Court Chronic Fatigue Syndrome Subjective Disabilities and make sure there is nothing that overrides Abdus-Sabur v. Callahan.

Any help would be appreciated. BE sure you put something in the title so I know it isn't spam. Yours truly,

Judydoc '

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REGARDING THAT PRO-CORPORATE JUDGE JUDY ACIDENTALLY RECOMMEDED

Sorry folks. This is unfortunately a result of the progression of my illness, that I was too sick and weak to actually READ the article before I sent it to Jim.

I liked the headlines but I do realize that those who complain the most about "activist" judges are the same libel/slandering Repuglicans and Limbaughs who complain about judicial "activism" when it grants rights to underclasses or oppresses (like the Mass. Supreme Court supporting homosexual rights) but don't complain about judicial "activism" when it usurps states rights and installs a president by illegal coup into the Whitehouse.

I'm sorry about the mistake. Well I guess that does explain why the rumor mill said she was on the "short list" for the Supreme Court. I couldn't imagine any truly ethical judge being on that list in this administration.

Thanks for keeping us on our toes. I fear what will become of America is these "activist" judges (like Jones) get their way.

It is amazing how the same words can have exactly opposite meanings depending on who is speaking.

Well maybe it won't matter much is Bush turns out to be right (once) and Revelations occurs during his administration (I guess it already is in Afghanistan and Iraq as fire reigns down on innocent people from above.

Judydoc

Webmaster's comments: We don't Always get it right, but unlike the NY Times, et al, we correct things right away, on the front page ;')

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UNUM SWEEPING BANK ACCOUNTS

As the largest of the 10 or so Long Term Disability (LTD) insurers nationally, UNUM is instrumental in forcing Social Security Representative Services (SSR's) to facilitate an illegal practice of sweeping disabled individuals' bank accounts to recover overpayments out of SSDI lump sum awards. the process violates the anti-assignment provision of the Social Security Act.

I am attempting to locate enough disabled individuals thus situated to learn how the process works and what representations are being made to these disabled individuals to get them to consent to this illegal practice.

Any assistance you may be able to provide me with this effort would be appreciated.

Brian T. McCarthy Attorney at Law 2 Park Place Professional Centre Belleville, IL 62226 (618) 234-9900

[email protected]

Webmaster's comments: Isn't it rotten and brazen that UNUM robs Social Security by pushing their claimants onto SSDI, after UNUM has collected the premiums all those years. They get the dough, the taxpayer gets the shaft. Then they have the gall to go after SS payments. Criminals have no conscience.

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ANYONE HAVE INFO ON OK CASES? (WRITE RICKI, NOT ME)

From: [email protected]

I have a LTD claim for the diagnosis of Parkinson disease. Is there somewhere I can find out about cases in Oklahoma? The company I worked for is fairly large and I'd be curious to see if there are claims in litigation and how our insurance commission is responding. Thanks for any information! I was horrified when I looked up UNUM on the web. I had no idea what I was in for!

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NASTYASS GUIDLELINES

Cheater's Guidelines by www.rgl.net ( Reed Group Limited). A search of american insurance websites refers these manuals as being the "MDA" guidelines.

Insurers use these guidelines or similar for their case management, injury minimisation, gaslighting or any other form of claim closure.

For years I've noticed that insurers all use the same dirty tricks, and if new tricks arise, they all start to use them very quickly. I suspect there is a common source for this "technology transfer of crime" and this may be one of them.

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A DEFINITION OF FASCISM (NOTICE ANYTHING SIMILAR?)

Recently a political scientist, Dr. Lawrence Britt, wrote an article naming fourteen characteristics of fascism. He based his study on an examination of the regimes of Hitler, Mussolini, Franco, Suharto and Pinochet. A summary of Britt's points follow.

1. Powerful and continuing nationalism employing constant use of patriotic slogans, symbols, songs, flags.
2. Disdain for the recognition of human rights because security needs outweigh human rights which can be ignored.
3. Using enemies as scapegoats for a unifying cause.
4. Supremacy of the military.
5. Rampant sexism including more rigid gender roles and anti-gay legislation.
6. Controlled mass media.
7. Obsession with national security driven by a politics of fear.
8. Religion and Government are intertwined especially in rhetoric employed by its leaders.
9. Corporate power is protected-industrial and business aristocracies put government leaders into power and keep them there creating a mutually beneficial business/government relationship and power elite.
10. Labor power, which represents one of the few threats to fascism, is suppressed.
11. Disdain for intellectuals and the arts and hostility to higher education along with censorship of arts or refusal to support the arts.
12. Obsession with crime and punishment.
13. Rampant cronyism and corruption.
14. Fraudulent Elections.

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MY FAVORITE SUBJECT - PSEUDOJOURNALISM AND THE LIES OF OUR CORRUPT CORPORATE MEDIA

One reason I was drawn to my chosen career is its informality, in contrast to the real professions. Unlike doctors, lawyers or even jockeys, journalists have no entrance exams, no licenses, no governing board to pass solemn judgment when they transgress. Indeed it is the Constitutional right of every citizen, no matter how ignorant or how depraved, to be a journalist. This wild liberty, this official laxity, is one of journalism's appeals.

I was always taken, too, by the kinds of people who practiced journalism. Like Robert Ruhl, my father, Wallace Carroll, was editor and publisher of a regional newspaper, in Winston-Salem, North Carolina. The people he worked with seemed more vital and engaged than your normal run of adults. They talked animatedly about things they were learning -- things that were important, things that were absurd. They told hilarious jokes. I understood little about the work they did, except that it entailed typing, but I felt I'd like to hang around with such people when I grew up. Much later, after I'd been a journalist for years, I became aware of an utterance by Walter Lippmann that captured something I especially liked about life in the newsroom. 'Journalism,' he declared, 'is the last refuge of the
vaguely talented.'

Here is something else I've come to realize: The looseness of the journalistic life, the seeming laxity of the newsroom, is an illusion. Yes, there's informality and humor, but beneath the surface lies something deadly serious. It is a code. Sometimes the code is not even written down, but it is deeply believed in. And, when violated, it is enforced with tribal ferocity.

Consider, for example, the recent events at the New York Times.

Before it was discovered that the young reporter Jayson Blair had fabricated several dozen stories, the news staff of the Times was already unhappy. Many members felt aggrieved at what they considered a high-handed style of editing. I know this because some were applying to me for jobs at the Los Angeles Times. But until Jayson Blair came along, the rumble of discontent remained just that, a low rumble.

When the staff learned that the paper had repeatedly misled its readers, the rumble became something more formidable: an insurrection. The aggrieved party was no longer merely the staff. It was the reader, and that meant the difference between a misdemeanor and a felony. Because the reader had been betrayed, the discontent acquired a moral force so great that it could only be answered by the dismissal of the ranking editors. The Blair scandal was a terrible event, but it also said something very positive about the Times, for it demonstrated beyond question the staff's commitment to the reader.

Several years ago, at the Los Angeles Times, we too had an insurrection. To outsiders the issue seemed arcane, but to the staff it was starkly obvious. The paper had published a fat edition of its Sunday magazine devoted to the opening of the city's new sports and entertainment arena, called the Staples Center. Unknown to its readers ' and to the newsroom staff -- the paper had formed a secret partnership with Staples. The agreement was as follows: The newspaper would publish a special edition of the Sunday magazine; the developer would help the newspaper sell ads in it; and the two would split the proceeds. Thus was the independence of the newspaper compromised ' and the reader betrayed.

I was not working at the newspaper at the time, but I've heard many accounts of a confrontation in the cafeteria between the staff and the publisher. It was not a civil discussion among respectful colleagues. Several people who told me about it invoked the image of a lynch mob. The Staples episode, too, led to the departure of the newspaper's top brass.

What does all this say about newspaper ethics? It says that certain beliefs are very deeply held. It says that a newspaper's duty to the reader is at the core of those beliefs. And it says that those who transgress against the reader will pay dearly.

The commitment to the reader burns bright at papers large and small. Earlier today, we honored Virginia Gerst with the Payne Award. Working at the Pioneer Press in the suburbs of Chicago, she was ordered to publish a favorable review of a restaurant that didn't deserve it. Her publisher, eager to get the restaurant's advertising dollars, insisted. Unwilling to mislead her readers, Virginia Gerst lost her job after twenty-seven years at the paper.

It was never my privilege to know Robert Ruhl, who died in 1967 after years of service in Medford. I am certain, though, that at least part of the reason he is remembered with such respect is that he was, in the end, a servant of the reader.

I suspect, too, that he would look favorably on those who took a stand recently at the New York Times, the Los Angeles Times, the Pioneer Press and other newspapers where the reader had been treated cavalierly.

And he would be vexed, I suspect, by another aspect of today's journalistic landscape.

All across America, there are offices that resemble newsrooms, and in those offices there are people who resemble journalists, but they are not engaged in journalism. It is not journalism because it does not regard the reader ' or, in the case of broadcasting, the listener, or the viewer ' as a master to be served.

To the contrary, it regards its audience with a cold cynicism. In this realm of pseudo-journalism, the audience is something to be manipulated. And when the audience is misled, no one in the pseudo-newsroom ever offers a peep of protest.

If Mr. Ruhl were here, I feel certain he would not approve.

* * * * * *

Last Halloween, I was stuck in traffic on a freeway in Los Angeles, punching the buttons on the car radio to alleviate the boredom. That's pretty much the way we live in Los Angeles, but I'm not complaining because that night I came across a very interesting program. It was a rebroadcast, 65 years after the fact, of Orson Welles' famous dramatization of War of the Worlds.

For those who don't know the story, this radio drama portrayed a Martian invasion so realistically that it prompted hysteria. A study by a professor at Princeton calculated that the program had reached about six million people, of whom 1.2 million panicked, believing that creatures from Mars were actually invading the town of Grover's Mill, New Jersey. Listeners ran out into the streets, jammed police switchboards and gathered in churches to pray for deliverance.

As I listened to the broadcast, it became obvious why people believed the Martians were at hand. It didn't sound like fiction; it sounded like journalism. The actors who described the unfolding events at Grover's Mill had the same stylized cadences and pronunciations as broadcast journalists of the time. Their voices quavered with dread, a sound they had learned by listening to tapes of the Hindenburg airship disaster from the previous year.

This is how the 23-year-old genius Orson Welles learned that journalism can be faked, and that people will react to something that sounds like journalism but isn't.

Some of you may have guessed where I'm going with this anecdote. Yes, we'll talking about Fox News. But not solely Fox News. Rather, I'd like to discuss a broader array of talk shows and web sites that have taken on the trappings of journalism but, when studied closely, are not journalism at all.

Superficial examination might place the modern talk show host within a great tradition of opinion journalists -- that of Lippmann, Reston, Murrow, Sevareid and others whose are still held in high regard. They were, foremost, journalists, not entertainers or marketers. Their opinions were rigorously grounded in fact. It was the truthfulness of these commentators ' their sheer intellectual honesty ' that causes their names to endure.

Today, the credibility painstakingly earned by past journalists lends an unearned legitimacy to the new generation of talk show hosts. Cloaked deceptively in the mantle of journalism, today's opinion-brokers are playing a nasty Halloween prank on the public, and indeed on journalism itself.

* * * * * * *

Let's depart from the generalizations now to hear some eyewitness testimony '- my own.

Last fall, my newspaper did something rash. Alone among the news media that covered the California recall election, the Los Angeles Times decided to investigate the character of a candidate for governor named Arnold Schwarzenegger. That caused consternation among the talk shows.

The recall campaign lasted only two months, so we had to hurry in determining whether, as rumored, Schwarzenegger had a habit of mistreating women. It turned out that he did. By the time we nailed the story down, the campaign was almost over, and we had a very tough decision to make: whether to publish the findings a mere five days before the election.

We decided to do it, figuring that choice was better than having to explain lamely to our readers after Election Day why we had withheld the story. We braced for an avalanche of criticism, and we got it. What we didn't expect was criticism for things that had never occurred.

Long before we published the story, rumors circulated that we were working on it, and the effort to discredit the newspaper began. On Fox News, the Bill O'Reilly program embarked on a campaign to convince its audience that the Los Angeles Times was an unethical outfit that attacked only Republicans and gave Democrats a free ride. As evidence, O'Reilly said that the paper had overlooked Bill Clinton's misbehavior in Arkansas. Where, he asked, was the L.A. Times on the so-called Troopergate story? Why hadn't it sent reporters to Arkansas? How could it justify an investigation of Schwarzenegger's misbehavior with women and not Clinton's?

I wasn't employed in Los Angeles at the time of Troopergate, but I do have a computer, so, unlike Fox News, I was able to learn that the Los Angeles Times actually was in Arkansas. It sent its best reporters there, and it sent them in force. At one point, it had nine reporters in Little Rock. And when two of them wrote the first Troopergate story to appear in any newspaper, they made the L.A. Times the leader on that subject. Not a leader, but the leader. Their story would be cited frequently by as other newspapers tried to catch up.

The bogus Troopergate accusation on Fox was only the beginning.

The worst of it originated with a freelance columnist in Los Angeles, who claimed to have the inside story on unethical behavior at the Times. Specifically, she wrote, the paper had completed its Schwarzenegger story long before election day but maliciously held it for two weeks in order to wreak maximum damage.

Now if this were true, I wouldn't be here at the University of Oregon delivering a lecture on ethics. The reporters and editors involved in the story would have given me the same treatment Jayson Blair's editors got in New York. In all likelihood I would no longer be employed.

But it wasn't true. The idea that the newspaper held the story for two weeks was a fabrication. Nothing resembling it ever occurred.

It is instructive to trace the path of this falsehood. Newspapers have always been magnets for crackpots. Hardly a day goes by that we don't get a report of a UFO visit, or a complaint from someone whose head has been rewired by the CIA, or a tortured theory as to why the newspaper did or didn't publish something. I tend to shrug such things off, figuring that nobody would believe them anyway and that it's unseemly for a large newspaper to quarrel with a reader.

But we live in changed times. Never has falsehood in America had such a large megaphone. Instead of being ignored, the author of the column was booked for repeated appearances on O'Reilly, on CNBC, and even on the generally trustworthy CNN. The accusation was echoed throughout the talk-show world. This is how the tale of the two-week delay -' as false as any words ever penned by Jayson Blair -- earned the columnist not infamy but fame. Millions of Americans heard it and no doubt believed it. And why not? It sounded just like journalism.

* * * * * * *

Let us turn now to a mundane subject: corrections. At the outset, I should state that there are corrections, and then there are corrections.

Recently, my newspaper, in an article about a rapper named Lil' Kim, characterized the MAC-11 as a machine gun. It is actually a submachine gun. This might not mean much here in Eugene, but it's meaningful to music lovers in Los Angeles, so we published a correction. It was an easy correction to make ' factual, straightforward and not particularly humiliating to the paper.

Here's an example of a more difficult kind of correction:

In 1979, I became editor of the Lexington Herald in Kentucky, and I soon became aware of skeletons in the newspaper's closet. As I got to know the staff, we used to joke that someday, along with the routine corrections on page two, we should run the following item:

A CLARIFICATION It has come to the editor's attention that the Herald neglected to cover the Civil Rights movement. We regret the omission.

We never published that one, though we probably should have made amends in some fashion, for corrections large and small are essential to our credibility.

Like a factory on a river, daily journalism is an industry that produces pollution. Our pollution comes in the form of errors. America's river of public discourse ' if I may extend this figure of speech ' is polluted by our mistakes. A good newspaper cleans up after itself.

Every fact a newspaper publishes goes into a database. So do the errors. A good newspaper corrects those errors and appends the corrections to the original stories, so that the errors are not repeated. Thus we keep the river clean.

Last year at the Los Angeles Times, we published 2,759 corrections. Some of you may be shocked that a newspaper could make so many mistakes. Others may be impressed that the paper is so assiduous in correcting itself.

It has now been six months since Fox and the other talk shows told their audiences that the Los Angeles Times did not cover the Troopergate scandal. It has been six months since they accused the newspaper of a journalistic felony by timing its story about Arnold Schwarzenegger. These are simple factual matters, easily provable. Nevertheless I'm getting the feeling that the corrections are not forthcoming.

As editor of the Los Angeles Times, I'm not happy about it, but at least I know the truth. The deeper offense is against those who don't -- the listeners who credit the 'facts' they hear on Fox and the talk shows.

In the larger scheme, these two falsehoods represent two relatively minor discharges of pollution into America's river of public discourse. I suspect there are many others, and on much more consequential subjects -- the war in Iraq, for example.

You may be familiar with a study published last October on public misconceptions about the war in Iraq.* One of those misconceptions was that Saddam Hussein's weapons of mass destruction had been found.

Another was that links had been proven between Iraq and Al Qaeda.

A third was that world opinion favored the idea of the U.S. invading Iraq.

Among people who primarily watched Fox News, 80 percent believed one or more of those myths. That's 25 percentage points higher than the figure for viewers of CNN -- and 57 percentage points higher than that for people who got their news from public broadcasting.

How could Fox have left its audience so deeply in the dark? I'm inspired to squeeze one last bit of mileage out of our river metaphor: If Fox News were a factory situated, say, in Minneapolis, it would be trailing a plume of rotting fish all the way to New Orleans.

* * * * * * *

If pseudo-journalism is not journalism, what is it? Where did it come from? Will it last?

Some view the difference between the talk shows and traditional journalism in political terms, as a simple quarrel between left and right, between liberal and conservative. Those differences exist, but they're not of great consequence.

What we're seeing is a difference between journalism and pseudo-journalism, between journalism and propaganda. The former seeks earnestly to serve the public. The latter seeks to manipulate it.

The propaganda technique that has invaded journalism is of a particular breed. It springs not from journalistic roots but from modern politics ' specifically, that woeful subset known as attack politics.

In attack politics, the idea is to 'define' one's rival in the eyes of the public. This means repeating derogatory information so often that the rival's reputation is ruined. Sometimes the information is true; sometimes it is misleading; sometimes it is simply false. A citizen who enters politics these days must face the prospect of being 'defined' by smear artists equipped with computers, polls and attack ads.

It is the netherworld of attack politics that gave us Roger Ailes, the architect of Fox News. Having spent much of his career smearing politicians, he now refers to himself as a journalist, but his bag of tricks remains the same.

* * * * * * *

It is consoling to note that demagogues on the airwaves have come and gone ever since commercial broadcasting began. Such figures as Father Coughlin and Senator McCarthy have made their sordid appeals to the angry and the gullible and have been duly swept into the dustbin. Over time, I believe, the public will become increasingly aware of the discrepancy between what they're told by pseudo-journalists and what turns out to be the truth. They may even grow weary of the talk show persona ' the schoolyard bully we all know so well.

Recently our newspaper had the good fortune of winning five Pulitzer Prizes. Between us, I'm not sure we're worthy of all that, but we won't turn them down. I wonder how the news of the awards struck the talk-show fans who know the Los Angeles Times only for its ethical outrages.

Surely they must have been scratching their heads over that one.

But they probably they didn't worry about it long. My guess is that they sat back on their sofas and consoled themselves with more soothing thoughts, such as the way President Bush saved America from catastrophe by seizing those weapons of mass destruction in Iraq while the whole world cheered.

* * * * * *

Let us conclude by returning to the legacy of Robert Ruhl.

Surely Mr. Ruhl would be vexed by what journalism has become since his departure.

He would feel pained, I suspect, by the scandals in the traditional media. Yet I hope he would also take heart, as I do, from the spontaneous revulsion expressed in the newsrooms where they occurred.

He would be honored that his years in journalism at the Medford Mail Tribune are still being invoked on occasions such as this.

He would be pleased, I think, to see this crowd of young people headed forth into the world, equipped with good educations and high ideals.

And he would have hopes for you. He would hope ' I feel certain ' that you'll take up his calling, the calling of journalism, and find it deeply rewarding. And he would hope, I believe, that you will choose the path of real journalism, not pseudo-journalism, and that you will forever regard the reader ' or the listener, or the viewer ' as a worthy sovereign who must always be served in good faith.

###

"America will never be destroyed from the outside. If we falter, and lose our freedoms, it will be because we destroyed ourselves."

-- Abraham Lincoln, 16th U.S. President (1809-1865)

=======================================================================

IT APPEARS

That Kemper and Gallagher Bassett, a claims handling company, are associated with UNUM. Can anyone fill me in on details? I know that Kemper is totally evil, but I don't know a lot about GB.

=====================================================================

Please support our cause if you feel this is important work and would like us to expand it to corrupt judges. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment to:

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OR Via Paypal at: https://[email protected]

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UNUM'S SECRET "DESTROYED" CLAIMS MANUALS NOW AVAILABLE - Email [email protected] for details.

THE UNFINISHED TASK

"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906


----------------------------------------------------------------------


Quote

NASTYASS GUIDLELINES

Cheater's Guidelines by www.rgl.net ( Reed Group Limited). A search of american insurance websites refers these manuals as being the "MDA" guidelines.

Insurers use these guidelines or similar for their case management, injury minimisation, gaslighting or any other form of claim closure.

For years I've noticed that insurers all use the same dirty tricks, and if new tricks arise, they all start to use them very quickly. I suspect there is a common source for this "technology transfer of crime" and this may be one of them.


ACC have incorporated the RGL guidelines in their own "Treatment Profiles' manuals,
interesting to see it crop up elsewhere......
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#42 User is offline   jocko 

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Posted 13 June 2004 - 10:07 PM

Sound familiar?
Much of this information is also elsewhere on the site, but this media collage will get you up to speed on just how corrupt and evil UNUMPROVIDENT is. Then we suggest reading the HORROR STORIES for personal tales of misery and destruction of life that UNUM causes so they can fill their greedy pockets. Our horror stories show that UNUM has an especial hatred for medical professionals, such as nurses - kicking these angels of mercy to the curb when they become disabled while saving the lives of others. We would like to thank the Bourhis and Wolfson law firm for this useful collation and their yoeman work in exposing the criminality of UNUMPROVIDENT. Editorial comments are our own.
Disability insurer is under fire
Legitimate claims denied, suits say
FRONT PAGE San Francisco Chronicle
Carolyn Said, Chronicle Staff Writer
Sunday, October 6, 2002
The nation's largest disability insurance company has been accused of systematically denying legitimate claims from seriously ill customers, a corporate strategy allegedly concocted for one purpose: boosting profits.
Hundreds of lawsuits from the Bay Area to the East Coast claim that insurance giant UnumProvident deliberately terminated disability payments to customers who were debilitated. As a result, the suits say, people suffering from brain damage, cancer and other critical ailments that prevented them from working were sometimes left destitute.
"It's a real tragedy because these are people who bought insurance believing it would be there if they got sick, and instead the promise was broken," said Jamie Court, executive director of the Foundation for Taxpayer and Consumer Rights, a Santa Monica nonprofit that studies the insurance industry.
Among the policyholders who say their claims were wrongly denied is child psychiatrist Stuart Gluck of Cupertino, who has AIDS and underwent a triple bypass for an unrelated heart condition. After he started suffering severe memory lapses, he realized -- and his doctor concurred -- that he could no longer see patients.
But after several months of payments, UnumProvident said he was able to return to work and stopped sending checks.
"My reaction was horror," he recalled. "I feared for the loss of my house, loss of my car, my ability to support myself and my son."
Gluck, like others who have sued UnumProvident, believes the company terminated his coverage as part of a practice to selectively target customers who were receiving long-term, high-end stipends.
Court testimony and internal company documents offer some corroboration for the charges.
But UnumProvident categorically denies that it deliberately terminated claims to save money.
"We pay all legitimate claims," said Tom White, vice president of corporate relations for the Chattanooga, Tenn., company. "We review claims thoroughly, objectively and fairly. We apply significant medical resources to assist claimants in returning to work."
Formed from the 1999 merger of Unum Corp. and Provident Companies, UnumProvident also owns the Paul Revere Corp., another insurer. (Many of the lawsuits name its predecessors as defendants.) No. 205 in the Fortune 500, the company had 2001 profits of $994.7 million on sales of $9.4 billion.
White said UnumProvident has one-third of the entire U.S. disability insurance market. With 25 million customers, he said, it is not surprising that some cases are disputed.
Still, the number of lawsuits and the personal anguish they catalog paint a disturbing portrait.
There was the San Francisco court reporter, Susan McGregor, who says she suffers from intense pain caused by repetitive stress and cubital tunnel syndrome. UnumProvident terminated her benefits just before her husband was diagnosed with leukemia.
And there was the Berkeley chiropractor, Joan Hangarter, who said her debilitating back and arm pain prevented her from working. After her benefits were cut off, her car was repossessed, she was evicted, forced to declare bankruptcy and went on welfare.
Ray Bourhis, a partner in San Francisco law firm Bourhis & Wolfson, has represented dozens of UnumProvident customers whose benefits were denied, including Gluck, McGregor and Hangarter.
"You shouldn't have to sue to get an insurance company to pay the benefits they owe you," he said.
Bourhis said the company often claimed that clients were not entitled to benefits if they could perform part of their job. For example, he said UnumProvident claimed McGregor, the court reporter, was not disabled because she could still proofread, and that Hangarter was still able to be a chiropractor because she could do her office bookkeeping.
Chris Collins, senior vice president and deputy general counsel for UnumProvident, said that the company believed both McGregor and Hangarter were capable of returning to work and thus not disabled.
Among the thousands of pages of court documents from lawsuits against UnumProvident, some stand out.
--A May 1995 memo laid out the trade-off between profits and claims in the dispassionate language of a bean counter. Ralph Mohney, now senior vice president in charge of return to work services, wrote to CEO and Chairman Harold Chandler, explaining that the company could save from $30 million to $60 million a year through new "claim improvement initiatives" -- which Bourhis and other opponents say is a euphemism for purposefully terminating benefits.
"A 1 percent decrease in benefit costs due to more effective claim management translates to approximately $6 million in annual savings," he wrote.
"We believe that aggregate improvements in the 5% -10% ($30 million-$60 million annually) range are possible."
UnumProvident's White said the memo referred to saving costs by consolidating claims management in a central location.
-- Two former medical executives with UnumProvident or its predecessors separately testified that the company had a practice of denying legitimate claims.
Dr. Patrick McSharry, a former medical director at UnumProvident, sued the company in June, alleging it denied valid claims and asked its staff doctors to justify those denials. The suit said he suffered retaliation for writing accurate reports contrary to that practice.
Collins of UnumProvident said the company completely rejects McSharry's allegations, which he called "preposterous." He said McSharry was fired in January for being "disruptive."
McSharry's lawsuit triggered a stampede among lawyers suing UnumProvident for denying claims. More than 60 lawyers have asked to depose him, according to press reports.
Dr. William E. Feist, who resigned as vice president and chief medical officer of Provident in 1996 after 14 years with the company, testified in Hangarter's lawsuit that the company held weekly "roundtables" to jettison claims.
"The whole goal of roundtable discussions was to do just that, to terminate claims," he said. ". . . To me, that is unethical."
Feist said the company played hardball, including seeking embarrassing information on clients. "Anything was fair game to try to terminate the claim - - surveillance or financial records, ex-wives, mistresses, whatever, anything was fair game," he said.
White denied those charges. "Dr. Feist slept through most of the roundtable meetings," he said. "Basically the man will say whatever the plaintiffs' bar asked him to say."
-- A court in one lawsuit ordered UnumProvident to provide a list of all lawsuits against it since 1997 in which a plaintiff alleged "breach of contract, breach of the implied covenant of good faith and fair dealing and/or fraud." The company responded with a hefty document listing 331 such suits in California and 2,200 in the United States.
Considering that the company handles 400,000 new claims a year (of which three-quarters are for short-term disabilities like a broken leg), that is a "microscopic subset of our claims," White said.
UnumProvident has embarked on an aggressive press campaign since word of a "60 Minutes" investigation got out, triggering a slide in its stock, which is down about 17 percent in the past month. It closed Friday at $17.95, down $1. 17.
The company has set up a special section of its Web site to point out that it pays $3.6 billion a year in claims and has 3,000 employees who work on processing claims. It has issued press releases and written to shareholders and stock analysts, saying the "negative" television profile misrepresents the facts.
For the individuals who became disabled after having bought insurance from UnumProvident or its predecessors, the story continues.
Gluck, Hangarter and McGregor all sued the company.
McGregor, the court reporter, prevailed at her trial and was awarded $1.2 million, but has yet to receive a dime while UnumProvident's appeal is pending.
Her husband died about seven months after the trial.
"I trusted these people; I thought they were honorable and they weren't," she said. "I paid for insurance to safeguard me in case I couldn't earn a living. They totally let me down."
Gluck, the psychiatrist, decided to go public with his story because he feels "what this insurance company has done to me and is doing to scores of other people is unconscionable," he said. UnumProvident has reinstated his monthly payments and says it has settled his case.
His decision to "become a crusader" meant he had to tell his 19-year-old son that he has AIDS. "It's tougher than anything I've ever done," he said.
Hangarter, the chiropractor, won at her trial in February. She was awarded $7.6 million, including $5 million in punitive damages. However, like McGregor,
she has not received any money while the insurance company appeals the decision.
Based on the award, she borrowed money, which allowed her to buy a car and rent a nice house in Novato. That money will run out in another couple of months.
She has a Hollywood scriptwriter interested in her story for a movie of the week, but she's pinning her hopes on a book she works on every day while her kids are in school. It's the story of her fight with UnumProvident. When asked the title, she pauses.
" 'Screwed,' " she said. E-mail Carolyn Said at [email protected]

Insurer's Tactics Rebuked
A judge has ordered UnumProvident to 'obey the law' and make disability payments
Front Page
By Lisa Girion
Los Angeles Times Staff Writer

November 15 2002

The nation's largest disability insurance firm is facing a flurryof lawsuits in California and across the country from policyholders who contend thatUnumProvident Corp. cheated them out of their disability payments in an aggressive campaign to boost profit.

The company's tactics allegedly included spying on customers, shredding medical records and using biased doctors to justify its cancellations.

The Chattanooga, Tenn.-based company received a harshly worded rebuke this week from a San Francisco federal judge, who ordered it to "obey the law" and stop targeting certain categories of claims forcancellation, employing biased medical examiners, destroying medical reports and withholding from policyholders information about their benefits.

U.S. District Judge Robert Larson issued the unusual injunction late Wednesday in a ruling upholding a $7.67-million jury verdict for a single mother of two who lost her home and went on welfare after the company cut off her disability benefits.

Citing corporate documents and testimony of current and former employees and an industry expert, Larson concluded that former chiropractor Joan Harngarter's case was part of a broader effort to target expensive claims filed by doctors, lawyers and other self-employed professionals, particularly in California and Florida.

"They planned to save money by terminating claims like hers," Larson said in the order. The company developed a "comprehensive system for targeting and terminating expensive claims."

The litigation has put a spotlight on the culture of an insurer that once handed out a "Hungry Vulture" award to its best employees. A UnumProvident executive said the award was discontinued when it became clear that people outside the company were misconstruing what was meant as a lighthearted effort to boost morale.

In a similar case against the company, a Tampa jury awarded$36.7 million last year to an eye surgeon who claimed that Parkinson's disease left him unable to operate. A class-action suit recently was filed in New York, several lawyers said they were preparing to file additional lawsuits, and the Georgia insurance commissioner's office has been investigating the company's practices in that state for two years.

Lawsuits have pilloried the company for requiring its claims adjusters to maintain and give special attention to "Top 10" lists of certain claims that were costing the company the most and for conducting round-table internal discussions allegedly to come up with ways to deny claims and cut off benefits.

A top UnumProvident executive said Thursday that the company was proud of its claims management practices and believed that plaintiffs' lawyers were mischaracterizing its conduct in a smear campaign designed to bolster their suits. The giant insurer, formed in the 1990s through the merger of Provident Cos. and Unum Corp. and the acquisition of Paul Revere Life Insurance Co., dominates the individual and group disability market.

"We're the biggest target out there," said J. Christopher Collins, a senior vice president. "We have a third of the marketplace, and we've just become their favorite whipping post."

The disputed policies offer what is known as noncancelable, own-occupation disability coverage. Such policies typically are purchased by self-employed professionals to make up for lost income if a disability were to prevent them from working in their specific field. If a policyholder were able to work in another job, he or she still would be entitled to benefits.

One insurance analyst said there were concerns within the industry in the mid-1990s that own-occupation policies were being exploited in some cases by professionals who were not actually disabled but were looking to retire with an income. And Collins of UnumProvident said some industry experts believe fraud affects 5% to 15% of claims.

But plaintiffs' lawyers said UnumProvident brought the suits on itself by cutting off claims and benefits at the expense of policyholders they contend are legitimately disabled. The lawyers said that people who have been terminated by UnumProvident have included individuals with Parkinson's disease, AIDS, spinal injuries, organic brain damage and cancer.

"These are the most vulnerable people imaginable," said Ray Bourhis, a San Francisco lawyer with several cases against the company, including the one before Judge Larson.

"They're disabled. They don't have the energy to take on an $8-billion insurance company, and the company knows it. You sell them this policy on the basis that you will be there if anything should ever happen.... You take their money, their premiums, for 10 or 15 years. And then lightning strikes, and you refuse to pay the claims."

Incoming California Insurance Commissioner John Garamendi, who takes office in January, said he had talked to lawyers involved in some of the California suits and planned to launch an investigation.

"It appears to me to be a conspiracy to defraud individuals," Garamendi said Thursday.

UnumProvident is the subject of an audit in California, said a spokesman for the current insurance commissioner, Harry Low. The spokesman characterized the review as routine.

The company has not publicly disclosed how many of the so-called bad-faith suits it faces on own-occupation policies, but Collins estimated that fewer than 200 have been filed.

Collins said the company planned to appeal Judge Larson's ruling and that his injunction was based on bad evidence.

"The judge has essentially enjoined us to not do things we're not doing," Collins said. "We don't employ biased medical examiners. We don't destroy medical records. And we don't withhold from claimants information about their benefits."

In his 62-page ruling, Larson found support for his order in company documents, including a law department instruction that claims adjusters "shred all sensitive papers that will not be needed for business purposes."

Collins said the document was distributed in the early 1990s and only to employees of the former Provident Life & Accident Insurance Co. He said it had been provided by an outside vendor. Collins said it had been superseded by a newer policy on document retention but that there was nothing wrong with the old instruction.
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#43 User is offline   jocko 

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Posted 13 June 2004 - 10:18 PM

The New Zealand Government has written the 2001 ACC act so it exactly paralells UNUM Provident policy and procedure. ACCs current Claims Management System was purchased from UNUM Provident.
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Posted 13 June 2004 - 11:01 PM

interesting to compare them jocko, remember too that another common factor
is the use of the RGL guidelines, however in saying that, we must keep in mind the RGL guidelines could be mis-interpreted to suit a case managers performance incentive target.

then theres this article:

Acc to save $400 million

TARGETING PUSHES ACC CLAIMANTS ONTO THE DOLE

The ACC plans to shift many of its claimants off ACC and onto the dole ... when it changes it's claim criteria in measures predicted to save the ACC up to $400 million.

ACC Managing Director Gavin Robbins says that long-term claimants who may have been rehabilitated are staying on ACC because it pays more than the unemployment benefit. ACC Minister Bruce Cliffe plans to assess minor claims that seem to have dragged on for years.

There are about 33,000 people who have been on ACC for more than 10 years, and Cliffe says there has been no effective reassessment procedures once a claimant began the scheme.
Also being looked at : the possibility that long-term claimants be given the chance to "capitalise" their entitlements with a lump-sum payout.

Source- Daily News 9/2/95 ACC review could see savings of $400m



What this suggests is that the GOVT has had a long-term plan in place to boot as many as possible from ACC to WINZ, so WINZ have been well aware of this for at least 9 years - so they too must be held accountable for the levels of forced poverty, stress deaths and ripped off compensation, afterall they knew publicly in 1995 they were to receive dumped ACC claimants.

having said all that, isnt it wonderful to hear of a WINZ case manager saying recently to a claimant who asked for assistance to see a medical specialist to be properly diagnosed " It wouldnt look good if we were to give you the tools to fight another Government Department"


All the claimant wanted is access to a specialit to be properly diagnosed, not the rotten rubbish written by ACC favoured specialists.

Theyre all equally guilty.
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Posted 25 June 2004 - 02:01 AM

Read HTML version online: http://archives.zine...5758/19508.html


CORPORATE CRIMEFIGHTERS OF AMERICA -- JUNE 23, 2004

==========================================================

LEAVING CANADA (AND KICKED OUT OF JAPAN)

Unum Provident's policies and assets were just bought (May 4, 2004) in Canada by Royal Bank Financial due to incredible financial losses most of which was attributable to payouts/lawsuits in 2002/2003 to the order of $880,000,000.

===========================================================

IS UNUM WRITING RULINGS?

I have now had two people write me that after their judge decided against them, the ruling looked exactly as if Unum had written it. Even their lawyer agreed in one case. I don't know if this is laziness or corruption on the part of judges but it bears looking into.

============================================================

PUTTING THE SCREWS TO CALIFORNIA TEACHERS

Subject: CTA and Unum

I've been reading all of the horror stories and know that I will soon be one of them.

I used to be a full-time high school teacher in California. Unum sells disability policies to thousands, maybe millions of California teachers through the California Teacher's Association (CTA).

A year and a half ago I became disabled due to a neck injury at work. After that, I found out I have RA. It is impossible for me to work, since RA is attacking all of my joints and sometimes I can barely walk, much less teach a demanding 40 hour week.

From the beginning, Unum has never paid my benefits on time. According to their booklet, I should be getting benefits every month. However, their payments come every three, sometimes four months after I've sent the doctor's form to them.

They began harassing me a few months ago, telling me that my doctor wasn't giving them the correct information. I am always in "review" (which probably means that they're looking for ways to get rid of me). I think it's only a matter of time before I receive my 'dumping of benefits' letter. After all, my Long term disability begins soon.

What doesn't make sense to me is that Unum is cutting off it's nose to spite it's face by denying claims. If CTA knew that thousands of California teachers, who depend on Unum's disability policy as protection against losing their paychecks, are actually buying illusory policies not worth the paper it is written on, then CTA would NOT renew coverage by Unum for teacher protection.

The CTA plan coverage was renewed last year and will end this August (2004). I don't know if CTA plans on keeping Unum past 2004. I have a feeling that CTA may have gotten wind of Unum's horrific dealings with disabled claimants and is, thereofore, renewing Unum on a yearly basis.

If Unum loses CTA as a client, that's A LOT of money lost for them. If I had known of Unum's history, I would NEVER have taken out a policy with them. I would have looked into other carriers, even if that meant paying more. My policy was voluntary, but CTA endorses it.

It seems to me that Unum uses low monthly rates to entice people, knowing quite well that they can easily deny the claims and are virtually protected by ERISA.

I think what is important for us to know is that we must get Unum where it hurts them the most: their client base.

CTA has an appeals process on top of Unum's worthless one. In other words, if a teacher is denied benefits, that teacher can appeal to CTA, as well as Unum.

If Unum plays it's dirty tricks on me, I will make sure that CTA is informed of Unum's track record. And I suggest everyone that took out a policy through their employer, notify that employer of Unumprovident's history of denying claims to the disabled.

It is especially important that large employers know. This way they can dump Unumprovident and get another insurance company with a better record. I think at this point, any other insurance company NOT affiliated with Unum or Provident would be a hell of a lot better than giving Unum their business.

The name of the game here is to force Unum to stop it's dirty business tactics. Since ERISA is basically worthless, then the next best game plan is to inform Unum's client base of how Unum treats their clients' base employees. Most employers do not want disgruntled employees, unhappy with benefits that are offered. I am positive that if teachers knew of Unum's dirty practices, they would vote against contracting them. Teachers, as a whole, do not like being hoodwinked. I remember how we used to talk in the teacher's lounge about how "protected" we felt with Unum's disability policy. If these teachers only knew!

Think about it. What would Unum do if client after client begins to cancel Unum contracts? CTA is a huge client base for Unum in California. How many teachers has Unum screwed? CTA needs to know.

It wouldn't be difficult to get the names of Unum's large employer clients, either. I'm sure it's published somewhere on their website?

All we would need to do is write Unum's largest clients in a mass letter-writing campaign, describing our horror stories.

After all, it is the clients that keep Unum in business. Without their largest clients, Unum would no longer exist or they would have to change their evil doings. If nothing else, they might settle some of these claims or begin paying just to shut us up.

Since Unum has destroyed so many lives, it seems only natural that we make sure Unum does not keep on destroying lives. We can't look to anyone but ourselves to do this.

I also want to thank this website for letting me know what I've gotten myself into. It seems to me that once Unum has decided to terminate a claim, it doesn't matter to Unum how many doctors prove your disability. That's why sending them documentation after documentation is useless.

Our energies are better spent notifying their clientele. If nothing else, the word will get out that what Unum sells is nothing but lies.

If any California teachers are reading this please notify me at [email protected] We need to let CTA know that Unum destroys the disabled. It doesn't help them. CTA is, after all, concerned that teachers heal so they can get back to work. But how can we heal when Unum makes it impossible? Unum's motto should be "Stress kills. Hallelujah!"

D. Rodgers Disabled Teacher

[email protected]

Webmasters' comments: benefits managers and bureacracies tend to buy Unum as the cheapest, and it's hard to change a bureacracy unless you really push hard. That's how bad guys win by default - if good guys don't fight hard. If you know any CA teachers or have sway with the CTA, send this to them, including the email address, and note our website URLs for backup.

=============================================================

WHATEVER HAPPENED TO THE AMERICAN DREAM?

[email protected]

From: Ron Fields Sr.
Subject: What Happened To The American Dream

Where are we headed? And Why? This is not the America I used to know. I was raised in a country where I was taught to live in Peace, Freedom, Land of Opportunity, to be Charitable, Honorable, Respected, Under God (my choice to believe in, if you don't, fine that's your choice), Fight for what we believe in, to be Truthful and not lie, but it seems we are headed the other way. It seems everything is controlled by $$$, Greed, Dishonest people and some corrupt Politicians, Lobbyist's that influence our leaders, jobs have left this country because of $$$, uncaring Boards of Directors who's only interest is the bottom line on profits, and could care less what happens to their employees. Now before corporate America jumps down my throat, I'm sure there are many companies out there that are honorable
and caring. And Discrimination, boy does it still exist, big time, especially in the work place, based on both race and what part of the country you come from. There is so much lying and deceit.

We the people elected our political representatives to protect us, and our interests and to do the will of the people, all the people. But they do their will and that of squeaky interest groups and do not stand for the majority of the people who elected them in the 1st place.

American's are the most generous people on the face of the earth. We are always giving, then why are we so hated worldwide. Is it because of our greedy corporations with help from some corrupt politicians in underhanded schemes for $$$? If we give so much, then we should be loved, not hated.

Many of our leaders and corporate officials seem to forget why they are where they are. Why they live in peace and freedom that many Americans, of all different races and creeds fought for, after all we are a nation made up of mingled people. Are we not? Have you forgotten??? I'll refresh your memory, WWII, for example, had we not fought, and if your parents and grand parents had survived to conceive you? You could be speaking German or Japanese. Remember millions of American's shed their blood, gave their time to serve in the military, some were lucky, some were permanently injured, others gave the ultimate sacrifice, ..their lives. . Think about it.. Men and women died so you can make $750,000.00 per year while you trickle down $30,000 to a worker, or worse yet, $7.10.. to an hourly employee..
And our cute TV host, smiling every morning to the tune of about $50,000 per show? Now that's about 13 million + per year? I'd smile too! Now I'm not attacking anyone personally, I'm trying to set a precedent here. You get that salary because people gave their lives and time for you to get it. And still do!

I gave 4 years of my life, others more, some less. I was in the Submarine Service of our navy. Oh by the way, you volunteer for sub duty, which is hazardous duty. 307 feet of luxury in a cigar shaped tube about 21 feet wide where the heat worked great in the summer and the air conditioning worked fabulous in the winter, and taking a shower in 34 degree water off the coast of Norway, oh, you only were allowed one shower a week and you got wet, turned the water off, soaped down and then turned it back on just long enough to rinse off. Then your heart sank when the flooding/collision alarm went off and your 400 feet below the surface and no place to go. Want to know what it is like to be on an old diesel submarine? just open a can of sardines and they have more room than us, they are packed in
oil, we just smelled of oil, you can always tell a submarine sailor, because we always smell like diesel fuel. You slept in and between torpedoes and with equipment that can kill you and everyone else on board. You have to share your bed, when you were on watch some one else was sleeping in it, Torpedoes, a couple dozen + of these things on board with a warhead that can split a ship in half, the fuel if ignited, makes hydrogen cyanide as a by-product. The battery, is essentially a giant car battery. The average car battery weighs about 25 lbs, ours was about 1,008,000 lbs. These batteries make hydrogen as a by-product, and if mixed with salt-water, (remember the ocean is salt water and submarines do leak) makes chlorine gas. Stores enough energy that if released all at once could lift the ship
(all 7000 tons of it) one mile into the air. Great stuff. How about standing a lookout or OD watch tied to the periscope housing with a 1 inch nylon line in a 'noreaster or hurricane? Old subs rode storms out on the surface. We were perched about 30 feet above the waterline while waves up to a 100' just rolled over you and tossed you around like a cork Ever see 80 to 100 foot waves? Take my word, you don't want to! What do I get for giving my time? A kick in the rear end.

The company I worked for (PET Dairy, DEAN FOODS) abandoned me after 16 + years of dedicated service and with out just cause, terminated me. I asked the plant manager for help as I was diagnosed with Degenerative Disc Disease, and some of the tasks were starting to affect me, minor at this point. I asked for another position, if one came open to consider me for it. He said he would. 2 years later the department manager retired and the new one started to harass me about the amount of work being done. They made me go see a doctor and get a doctor's release that I was fit for work. The doctor released me under minor restrictions. Another 1.5 years went by, and then the doctor put me off for 2 months. The company immediately put me out on short term disability. After 2 months the insurance co. (UNUM
PROVIDENT who has been in the news lately on NBC's Dateline and CBS's 60 minutes for fraud and denying insurance claims. They give their employees, bonuses, pizza and ice cream parties for denying claims) cancelled my benefits. By canceling my benefits my scheduled surgery was also cancelled along with all medical benefits. The doctor said I should be on social security and put me off 3 more months. After pleading with the insurance company and filing several appeals, they were all denied. I asked for a physical exam by one of the Insurance co doctors, they refused. They base it on the info your doctor sends them. I informed Amanda Delk of UNUM PROVIDENT that more medical info was being sent and she said to me "We have enough to go on now, we don't need anymore". I asked for the names of the
doctors who reviewed my case, since I wanted to run them by the AMA. They refused. It turns out my case was determined by a nurse. Since when does a nurse have more authority than a doctor? How can they determine what is wrong with you with out seeing you? The company says I'm disabled and their insurance co says I am not?? After 6 months the company terminated me. There is some favoritism and discrimination tied in here. I asked the company for accommodation, they refused. The law requires them to provide reasonable accommodation. They brought about a dozen people in from another plant. Well they could have retrained me for one of those jobs. A footnote to this is after 16 + years of dedicated service without complaint, being there for them anytime they asked or a crisis came up, not once,
no not one time did anyone call to see how I was doing. I applied for Social Security, but it was denied. I applied for unemployment benefits, also denied. Made several appeals, also denied.

I applied for welfare and food stamps. denied.. I had to take my pension in one lump sum to keep my house from being auctioned off to pay creditors, so now that is gone, but I still have the mortgage. I tried to file for bankruptcy, but could not because they say I have too much? I live in a medium size home with 2 cars, one over 115000 miles and the other approaching 200000 miles and I have too much? I have paid for unemployment insurance, disability insurance, medical insurance and social security taxes for almost 40 years and when you need them most they deny you. This is not a provoked termination, so then why am I being denied my benefits? I did not ask for this... I am not alone, this is happening to others. And the way the laws are set up there is no one to help you. Most lawyers don't
want to get involved, as several have told me the laws favor the employers. Why does the state of Tennessee let UNUM Provident operate with in its borders when proven to be a fraudulent company. It is under investigation in several other states. Even a representative of Tennessee Senator Bill Frists office said it's not right. Well Mr. Senator, do something to change it!

It really makes me feel good every time I see a person or foreigners that can't speak English in the grocery store with food stamps for food but they have money for beer and cigarettes. I'm really glad I paid taxes for that the last 40 years. I hope you and other foreigners are not offended, because I am not a prejudiced person, but I paid for the food you are eating, I gave 4 years of my prime life so you can enjoy yours, and yet, I can't collect what I had paid for to protect me and my family. when I need it most.

I have resumes and employment applications all over the USA and Canada, even one in Newfoundland, At my age who is going to hire me? I will need minor accommodation. If I can't work, can't collect SS, disability, unemployment insurance of which I paid for all these years, then what am I supposed to do? This Company, Insurance Company and Laws of the land have taken my American Dream away from me with out just cause. The retirement dreams my wife an I had planned are shattered, gone . does any one care? I'm just a number in some corporate computer... Not a human being.. but just a number..

Mr. President, Mr. Senator and Mr. Congressman, you are part of the reason for this happening to me and countless others. The laws you pass favor big business and the lobbyists that support you. I hope you are sending our sons and daughters into war to protect our national defense, and not business interests for greedy corporations. You set yourselves up with fat pensions but neglect the people that elected you. Remember you're living on and giving our hard earned money away, here and overseas. Just when is some of that money going to stay home and take care of us. There are people in this country that need help too. heck, I just want what I paid for, . I'd like a job too, . oh maybe I am not as fast and sharp as the supervisor I used to be, but I can still do things..

Why am I writing this letter? Because people need to know what is going to happen to them should they start developing disabilities with in the work place. Please forward this to all you know. Perhaps it will help thousand out there like me. It could happen to you!

Ronald Fields
PO BOX 97
Limestone, TN 37681

423-257-4093

[email protected]

website: http://www.webspawne...rmtn/index.html

============================================================

BUSH AND THE USSC GIVE A "GET OUT OF JAIL FREE" CARD TO HMOS

This is a terrible ruling from the U.S.Supreme Court. It shows corporation preference as in other branches of the gov't. Whose side are they on anyway? I thought it was for the people! Corporations are not people! Corporations who are non-people entities have all the rights and we have none? The only way to stop this nonsnese is to stop signing up with HMO's for health care. All they are money making machines. R eceiving top quality health care should never have to be in question. If a person is maimed or killed by any representative of a HMO or any other health care provider then they should pay the price as anyone else. Jail Time at the very least!. WHAT DID WE DO BEFORE THE HMO-INSURANCE MACHINE?

Dina Padilla

Webmaster's comments: Here's another thing that stinks. This horrible ruling that forbids you to sue a HMO in state court. for anything other than their initial cost, even if they killed a loved one, was pushed by the Bush Administration. Now, here is the question. Conservatives are supposed to be for state's rights, yet every time a state law allows suit of a giant corporation in order to protect its citizens, they suddenly decide Federal law should overrule state's rights. I wish they'd decide what they are for one way or another. Of course, there are some Traditional conservatives who claim the budget-busting Bush Administration isn't really conservative anyway.

===========================================================

WHO REALLY OWNS YOUR CORRUPT INSURER? AND WHERE TO GET FREE MEDS

The first link takes you to a site for all kinds of obscure info on insurers including which company swallowed up which and when. Wade thru, it's worth keeping the link.

The second item is a piece from the LAs Vegas Business Press, and provides resources for people to get free meds.

1. http://www.americani...ot.com/life.htm

2. Local company helps people without drug coverage

By Ryan Slattery [email protected]

Pat and Diane Cappolla are seated at the kitchen table in their modest Bonita Avenue home. Pill bottles, about a dozen in all, are laid out in front of them, and Diane is fingering through an inch-high stack of photocopied Rite Aid receipts she's just pulled from a colored folder -- a record of the couple's prescription drug spending over the past two years.

Diane figures in the past year alone, the couple has spent in the ballpark of $10,000 on prescription medication. And without insurance to help cover the costs, they have run up their credit card bills to more than $40,000. Using plastic to juggle all their bills, they've fallen deeper in debt, and the Cappollas even had to refinance their home three times -- a house they paid cash for when they moved to Las Vegas in 1998.

For more of this story, click on or type the URL below:

http://www.lvbusinesspress.com/articles/20...news/news11.txt

=============================================================

CEOS GET RICHER - THE REST OF US GET POORER - IS THERE ANY END
TO THE OBSCENITY OF INSANE EXECUTIVE PAY?

Throw Americans out of work, hire a bunch of "vendors" overseas to do the same jobs, improve the profit statement,and then take it all in the form of salary and bonus. U.S. consumers now without jobs, pay the same prices they did when the work was done in the US.

http://msnbc.msn.com/id/5087212

============================================

STARVING THEM OUT FOR SS BENEFITS

Dear CorporateCrimefighters,

I also have problems with Unum. I became disabled long term in1998, started drawing Unum ins. I had been receiving my social security benifits for a full year when Unum came to me and cut my benifits to 0 because they claim I cannot draw ss and unum benifits at the same time. They claim that I owe them in excess of $25000.00 and will not pay me any benifits until that amount is paid. My ss benifits was awarded on something that was found after I was medically retired and started drawing unum ins benifits. How can the two be related? Tell me what to do and how do I go about trying to straighten this out?

Deborah Vestal
[email protected]

======================================================

AND NOW FOR SOMETHING LIGHTER

Yeah, More cat Haiku!!!!!!!!!!!! ....................................


The food in my bowl

Is old, and-more to the point-

Contains no tuna



So you want to play.

Will I claw at dancing string?

Your ankle's closer.



There's no dignity

In being sick-which is why

I don't tell you where.



Seeking solitude

I am locked in the closet

For once I need you



Tiny can, dumped in

Plastic bowl. Presentation,

One star; service: none



Am I in your way?

You seem to have it backwards:

This pillow's taken.



Your mouth is moving;

Up and down, emitting noise.

I've lost interest.



The dog wags his tail,

Seeking approval. See mine?

Different message.



My brain: walnut-sized

Yours: largest among primates.

Yet, who leaves for work?



Most problems can be

Ignored. The more difficult

Ones can be slept through



My affection is conditional.

Don't stand up,

It's your lap I love.



Cats can't steal the breath

Of children. But if my tail's

Pulled again, I'll learn.



I don't mind being

Teased, any more than you mind

A skin graft or two.



So you call this thing

Your "cat carrier". I call

These my "blades of death".



Toy mice, dancing yarn

Meowing sounds. I'm convinced:

You're an idiot.

=============================================================

Please support our cause if you feel this is important work and would like us to expand it to corrupt judges. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment to:

James Mooney
PMB # 106
4495-304 Roosevelt Blvd
Jacksonville, FL 32210-3381

OR Via Paypal at: https://[email protected]

Jim Mooney, webmaster:
www.micethatroar.com
www.corporatecrimefighters.com

UNUM'S SECRET "DESTROYED" CLAIMS MANUALS NOW AVAILABLE - Email [email protected] for details.

THE UNFINISHED TASK
"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906
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#46 Guest_IDB_*

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Posted 09 July 2004 - 10:07 AM

Read HTML version online: http://archives.zine...5758/20185.html


CORPORATE CRIMEFIGHTERS OF AMERICA -- JULY 5, 2004

HAPPY BELATED FOURTH OF JULY ;')

==========================================================

PUSHING HARD ON THE NAIC

I'm pushing hard to try to get the multistate task force report on Unum Provident released to the public, instead being of hidden to benefit the bad guys. It means a good deal of extra work. I'll contact everyone I can think of. And I do try to read all the email. I'm a bit behind due to the holidays, personal problems, and spam, though. I wish I could always offer help, contacts or good advice. Sometimes I can and sometimes I'm stumped. But then, so are some of the best lawyers in America when it comes to a rotten insurer. Although I can't do this full time since I have to survive and take care of family matters, it is still an effort.

It would be nice if I was certain I could afford to continue this so it is not a wasted effort. I would therefore like to thank those of you who responded to my request for small contributions last issue.

All one of you.

Thank you, Mary Louise..

====================================================================

HOW TO CONTACT THE NAIC

Jim,

Happy 4th of July. I went onto the NAIC website (the address you had in the last newsletter) and went to the document request section. I filled out the request form and submitted it. A message came up that the request was being forwarded to the legal department. I also received an e-mail from them noting the request. If I still have it I will forward a copy to you. Have a great day. And a Safe holiday weekend.

*****

Subject: Request to reprint an NAIC publication for: ******.
Unum Provident 45-state task force report
Request for Permission to Reprint an NAIC Publication
***** has requested to reprint an NAIC publication.
Requestor Type: Other - Private citizen

Contact Information

*****
--------------------------------------------------------------------------------
NAIC Publication
Title: Unum Provident 45-state task force report
Specific content to be reprinted:
The whole report.
Number of Reprints: one
Method of Distribution: e-mail or mail
Intended Use:
Private and also in my claim against Unum Provident.
Non-Commercial

Webmaster's note: Attorneys, of course, should request this professionally. If we hit them with enough email maybe they'll get tired of it and release the report to Someone. And no, the Other Guy isn't going to do it. Go on the www.naic.org site and do it.

================================================================

THERE'S A LOT OF STUFF TO COME

And I need to update and clean up the website desperately, in addition to pushing harder on getting the crooked NAIC to release the task force report on Unum that they are hiding. (However, when you request it please don't insult them or say I told you to request it - a tad of niceness can go a long way ;')

I will be doing a longer newsletter, but right now I want to put out these alerts to push NAIC to stop suppressing the 45-state task force report on UNUM. As I said, it's unfortunate that one of the lead states in this is MA, since their commissioner is a corrupt tool of UNUM, so it's going to be hard to pry it loose. One of our readers is already working on the politicians in his state and another of our readers requested the document from www.naic.org. Above is her explanation of how to do that, so go back there and do it once you finish this newsletter. And yes, that's an order - well, a very fervent request, anyway ;') If a lot of people request the document they might finally release it to one of you - at which time get it to me ASAP. The NAIC already knows who I am so I don't think
they are going to cut me a break and I will have to get the report second-hand ;')

So far, though, out of nearly 1,500 subscribers, I have had one person respond on donations and two people on pushing the NAIC, either through their website or by contacting their state politicians to put pressure on their insurance commission. This is not a very inspiring rate of cooperation. It's like voting - everyone complains about the rotten pro-insurer legislators we have, yet they'll vote for people Known to push for frauds like "tort reform" or "caps," because they look good or lie the right buzzwords. Watch what pols DO, not what they SAY. Or worse yet some folks won't vote at all. I am Hoping the response to my appeal for NAIC "pushing" is greater than I have perceived and I just haven't gotten the word yet.

I'd like at least a hundred people to write back and tell me they've contacted either the major networks, their state legislators or the NAIC about this totally wrong thing they are doing by hiding a report that should be made public in order to protect the public, since they, as regulators are Supposed to be doing that. (Remember - it's the 45-state task force report on Unum Provident that was due in June. And please be polite the first time. If they continue to hide it then we can insult them. At this point we'll just assume they've "forgotten" to publish ;')

A few contributions to our work wouldn't hurt, either. I'm about ten percent as effective as I could be if there was actual funding for this operation - which there would be if even twenty percent of the subscribers sent in the lousy fifteen bucks for the subscription. The insurance industry has billions of dollars, thousands of liars and hundreds of crooked politicians and judges to promote Their side. Frankly, I'm getting tired of doing this Nearly alone. There are about ten really good people who seem to do most of the heavy lifting, and then there is the Silent Majority. To those ten or so I owe a great deal - but if I quit doing this they'll understand why.

I think this explains why Democracy doesn't seem to be working that well for the so-called majority; because the majority doesn't participate.

If you think I'm full of crap and don't want to send in a donation, please at least do your part and go to www.naic.org and request the 45-state task force report on Unum Provident. It's certainly not a huge effort if Unum has destroyed your life. The whole point is to make this work more effective. Even if I can't afford good connections, hardware and software, all of you can make up for that by Making Trouble. I place great stock in making trouble; it's the only thing that keeps this democracy from becoming a total corporate-owned tyranny.

Now please go to the networks, the state pols and www.naic.org and ROCK THEIR BOAT! ;')

ADDENDUM

It occurred to me that new readers might not know what the NAIC is. The NAIC is the National Association of Insurance Commissioners. They have been conducting a 45-state task force investigation into the wrongdoing of Unum Provident. The NAIC is not very effective in consumer protection and for all I know the report may be a whitewash (or maybe a greywash. But they are sponsoring the investigation into Unum so they are the only game in town right now. And given the egregious wrongs of Unum even a greywash will still be pretty bad ;')

If we can get the report released we can publicize it since I doubt that they will. If the investigation was under the auspices of the CA commissioner, that might happen, but unfortunately, the three lead states on this are Maine, MA, and TN. Unfortunately, as are some other commissioners, the MA commissioner is an actively corrupt tool of Unum. As for TN, they are a poor state and Unum is a Huge employer there, so there will be political pressure to protect them. And Maine is tiny. So we have a job prying this report loose. However, there are forty-two other states involved and I belive the TN commissioner, Paula Flowers, is honest. But she will be under pressure from crooked state politicians to keep silent. I don't know anything about the Maine commissioner.

Another problem, is that the NAIC, very oddly, is funded by insurers. It's as if bank robbers funded FBI and the bank guards, which makes things even more difficult. That's why All of you need to push.

Jim
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Posted 09 July 2004 - 10:07 AM

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CORPORATE CRIMEFIGHTERS OF AMERICA -- JULY 7, 2004

==========================================================

PRYING THE 45-STATE TASK FORCE REPORT ON UNUM OUT OF THE NAIC - OUR PROJECT SO FAR

A number of readers couldn't find the request form at www.naic.org to request the 45 state task force report on Unum. That's no surprise. These so-called regulatory agencies seem to feel that actually informing the public they are supposed to protect is evil, so they make getting information obtuse and hard. Here is a URL forwarded by a reader, a response from the NAIC along with an email address, and an explanation by another reader why insurance commissions are so eager to hide information on behalf of insurers. (I was already aware of this in addition to the Total fraudulence of their "complaint" statistics. They'll claim there were thirteen complaints against some insurer that I know had hundreds of cases filed per year in their state. Now how could they be getting sued that often and only
have thirteen complaints? There is nothing more disgustingly fraudulent than insurance commission complaint rates.)

********************************************

ORDERING THE 45-STATE UNUM TASK FORCE REPORT

Hi, Jim

As per your request, I just finished requesting the UNUM Provident Task Force Report on the NAIC site. If you want to send folks directly to the document request page, the url is:
http://www.naic.org/...al_reprints.jsp

Also, the page lists a "customer service" telephone number of 816-783-8300. {I don't know if that means people can just call and request the report or not.}

I hope some of the other people on the list will get off their duffs and participate, too. Please try to remember that there ARE at least a few of us who DO appreciate your hard work! Thanks, kiddo!

Sami

********************************************

THE 'EXPECTED' RESPONSE SO FAR FROM THE NAIC (BUT PESTER THEM ANYWAY)

At this time, there is no public report regarding UNUM Provident.

Tim Mullen

[email protected]

********************************************

WHY YOUR 'PROTECTORS' ONLY PROTECT INSURERS

Didn't you know that the insurance commissioners here in the USA are run by the insurance companies. Insurance commissioners are granted there positions by the governors, they are not elected. The insurance laws are passed by the states legislative arm and the enforcement of the laws are in the hands of the commissioners and the states atty. general. Let me give you a prime example of how corrupt the process is.

This site is the Florida fair claims practices law 626.9541 http://www.flsenate.gov/Statutes/index.cfm...Display_Statute Search_String= URL=Ch0626/SEC9541.HTM Title=->2003->Ch0626->Section%209541#0626.95413

[Webmaster's comment: that's such a long URl it will probably break up in the email, but I'm sure you get the idea. I've run into this problem of insurance commissions being either corrupt or totally weakened by corrupt legislatures for years. I ran into it with Allstate, FL and NC, and victims from nearly every other state have told me the same sad tale. It's how things are, as I'm sure you're aware if you were trusting enough to contact your insurance commission for help. That is what stinks. There is so little reform and so much hatred of "trial lawyers" because so many citizens think that if an insurer cheats them they only have to "contact the insurance commission." That, of course, is a total waste of time since the insurance commission is there to protect insurers, not citizens. :End
of webmaster's comment. ]

It is virtually impossible to get the insurance Commissioner to prosecute an insurance company for violations of the law. Only one out of 5000 violations are procecuted. When the Commissioner does invoke the law he receives the fines not the injured party. IT MAY ALSO BE OF INTREST TO YOU TO KNOW THAT WHEN A COMPLAINT IS FILED AGINST AN INSURANCE COMPANY WITH THE DEPT OF INS THAT COMPLAINT RARELY GETS FILED AND IF IT IS FILED IT IS REMOVED FROM THE INSURANCE COMPANIES RECORD AFTER ONE OR TWO YEARS.

Jay Benton

********************************************

FINALLY, DON'T FORGET THE MEDIA

When a crooked regulatory agency doesn't give out information it should, the next step is the media. Both Dateline and Sixty Minutes exposed Unum, so it would be helpful to write them and point out that there is a huge 45-state report on Unum that the NAIC is refusing to release so far. Include the response and email addy of Tim Mullen. You can include a story of your own trouble with Unum but put this after you talk about the NAIC's strange recalcitrance. (Well, not so strange given that they are funded by the insurance industry.)

There are also other media outlets, too. Leave no stone unturned.

Here is Dateline's email addy: [email protected]

And Sixty Minutes: [email protected]

Or do a Google search for your favorite expose' person, show or publication. We need to get the word out that this report is being kept secret in order to protect the crooks so they can continue to screw the public.

********************************************

I WAS THINKING OF DROPPING THE PO BOX

Since almost nothing is coming into it lately, either CD requests or contributions, and there is no sense in paying for it unless things improve. So below is my home address if I drop the box or am not heard from for awhile, although I'll wait a month to decide. I might as well give my address. Someone on my block has been vandalizing my home for unknown reasons - nothing big so far but annoying - so it seems silly to worry if someone far off gets my address. And Judy posts hers all the time. Darn, it seems to me that the more good you try to do for people the more bad folks you attract. Maybe the Manicheans are right and the devil runs the world.

Jim Mooney
4867 Irvington Av.
Jacksonville, FL 32210
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Posted 09 July 2004 - 10:08 AM

Read HTML version online: http://archives.zine...5758/20419.html


CORPORATE CRIMEFIGHTERS OF AMERICA -- JULY 8, 2004

==========================================================

I GUESS WE GET TO WAIT UNTIL AFTER THE ELECTION

So far the NAIC says the multistate task force report due in June is not "finalized," so it isn't published. Given that one of the lead states is MA, and their commissioner is a tool of Unum, I have to wonder if "finalized" means "buried." Well, at least they know someone is watching them to see if they bury the thing, and we will continue to see just how long "finalized" is and if it means forever. I trust insurance commissions as far as I can throw them. Many of our members have now written them. Thanks for the cooperation. We'll keep you posted. I've also contacted Business Week, since he was the first to mention the multistate task force. Maybe they can pry something out.

I have been informed that is is more Likely that we can pry the report out of individual states than out of the NAIC. So it would be helpful to contact your own state insurance commission since most states appear to be participating, at least to some degree, and will get a copy. It only takes one "good" state to get the thing out.

UPDATE: I now have more firm information that the report will probably be delayed until Fall, but that I will get a copy. A cynic has mentioned it will probably be delayed until after the election so as not to rock any boats (like that corrupt MA insurance commissioner.) So I guess we will have to go on standby until then, since that is their story and they are sticking to it.

It's annoying to wait until then since people are suffering now, and we still have to worry the MA commissioner will push for a whitewash, or that they will use those fraudulent "complaint statistics." If you are unfamiliar with those, insurance commissions will publish reports giving some totally ridiculous number of complaints against an insurer. They'll say there were twenty complaints against a company in a year when I Know they have had a thousand suits filed against them in that state that same year. It's complete misrepresentation of the reality, but as they say, "there are lies, damned lies and statistics."

==================

THE TECHNOLOGY TRANSFER OF CRIME

Do you remember me, I am the one that has ALLMERICAFRAUD.COM ? In my research I discovered that Unum is taking advice from Allmerica and may very well be the company that has taught the company its dirty tricks.

http://www.unum.com/...mer_quotes.aspx

I also discovered that Allmerica has partaken in the writing of a guidelines book to be used for defining disability guidelines. This is truly the essence of corruption, it is the fox directing the chicken into the coop to be slaughtered

=======================

UNUM STILL CHEATING 9-11 VICTIMS

(Here is some advice to a Unum 9-11 victim from one of our Unum insiders)

Dear Mike,

Your note was forwarded to me by Jim to give me an opportunity to respond and help you. I am so sorry you had to go through what you did, and please accept my sincere apologies for UNUM's behavior in the future.

We are nearing the three year anniversary of the 9/11 tragedy. At the end of the one year mark, we were told as claims handlers to bring all of our 9/11 claims to roundtable for the purpose of targeting these claims for denial. Management thought payments for only 1 year was sufficient and wanted to close most of the claims. Here we are nearing another anniversary, and my guess is that the 9/11 victims are once again being targeted. Quite a few of the 9/11 victim claims are for high monthly benefit amounts and are costing UNUM a great deal of money. I know it sounds horrible, but this is the way UNUM views claims they have to pay.

Field rep visits are known internally as another "risk mangement" activity. The field rep wants to get a look at you and report to the claims handler what he sees and hears from you. Everything you say is documented and the field reps use a type of war-time interrogation to get you to say things you should not say, or things that can be used adversely against you. It's not a friendly visit, and should not be regarded as such.

Here's a few suggestions you might want to consider:

Start keeping a diary of the number of times you were contacted for this interview. Dates and times. Keep copies of all documentation you receive requesting such a visit.

Agree to the interview, but only if they will conduct the interview in your doctor's office, or your attorney's office. Talk with your attorney or doctor right away to see if they will agree to such a visit. Some will, and some won't, doctor's I mean. If you don't have an attorney, then ask your doctor, or even a social worker in your area. I'm sure you can get a social worker in NY to come with you. Only agree to the visit in an objective and public place.

If you agree to the visit, answer only the questions you are asked and nothing else. DO NOT contribute any information beyond what you are asked. DO NOT agree to let them take pictures. These pictures are given to the surveillance team so they can identify you when they want to conduct surveillance. If the rep asks you to take your picture, be aware and expect surveillance within the next several weeks or months. Resist the temptation to tell them the story of your life, UNUM will only use it against you.

This is the time to "be quiet" and only answer what you are asked. I can't stress this enough.

Webmaster';s note: In addition to cheating 9-11 victims, I have also gotten a letter from the President of the Nevada State Police Benevolent Association that they are cheating disabled NV state police en bloc. And of course what they do in one state they do in all. The folks who run Unum are sooooo rotten.
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Posted 09 July 2004 - 07:48 PM

The ACC uses Private Investigators to put down misleading information to be used against you. under the private investigation Act this is illegal.
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Posted 09 July 2004 - 08:15 PM

Is this why Hell anne Clark is trying to look like a Paua,cos shes done that much illegally.!!!

Bet ruthie wishes she could disguise herself as a paua too!!!!!!!!!!
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Posted 10 August 2004 - 10:45 AM

CORPORATE CRIMEFIGHTERS OF AMERICA -- AUGUST 9, 2004
( Check out our new Bulletin Board at http://www.micethatroar.com/bbs/ )
==========================================================

DEPT OF DIRTY QUESTIONS

Here are some standard dirty tricks Unum will try when they interview you. They will ask if you go to church because they will claim if you can go to church you can work. It's a lousy trick, of course. A lot of people will be embarrassed about not attending church and say the go regularly even if they go very infrequently. Unum knows that, of course, but it's an excuse to close the claim. And of course if you go back on it, they'll be able to say you're a liar. It's a real double bind.

Here is a further tip from a Unum expert:

Going to church is on the standard list of questions followed by "do you volunteer at your church." Some men without realizing it, admit to pastoring on a part time basis. That usually does it, and the claim is closed. There are many, many hidden questions the claims handlers ask including "how many times do you carry your laundry up and down stairs?" That's another "you can work question. I really feel bad for people who don't realize what they are saying. That's why I tell people over and over to NOT contribute any information other than what is asked.

====================================================================

BARBARA FROM DELAWARE NEEDS HELP

Hi There, Would someone please help me? I was insured by Unum. I am a nurse who became disabled in March 2001. I have Fibromyalgia/CFS every symptom that there is from it. I also have crippling Arthritis in all of my major joints and am on a chemotherapy drug for this. I was finally paid for 2 years. Then Unum stopped payment. That was over a year ago. I appealed but was turned down. I have no idea what to do next, as I can't afford a lawyer. Please help me with information as to what I do now.

Dear Mr. Mooney:

Thank you so much for the quick response. You have my permission to post my letter. I lived in Delaware until last January when my husband retired. We had to sell our house in Delaware when I became so debilitated and had to quit work. We lived in an apartment until my husband retired. We were fortunate that we had this house in Florida, so we moved here. We have been forced to refinance this house, and now have a mortgage. I can't afford a lawyer. I have all of my medical records, with statements from all of my treating physician's statements of my disability. Any help would be greatly appreciated.

Sincerely, Barbara Ratliff
[email protected]

Webmaster's comment: If you have advice or a Delaware legal contact for Barbara, write her at the email address above. I assume this would be a Delaware case, but they now live in FL. As I recall there's an ongoing debate about where you can file but that is only for ERISA cases under Federal venue.

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HOW SAINTLY IS LUKE'S?

Does anyone have information on any financial connection between St. Luke's Presbyterian in Chicago, and Unum Provident? Such as the hospital or a particular dept. getting large sums for either IMEs or short-term rehab. (Unum doesn't do long term - they only lie that they do.)

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THE CRIMES OF COLOSSUS

The Insurer's Use of Computer Software in Claims Evaluation:

From the American Trial Lawyer site (http://www.atla.org/...ionPackets.aspx)


There's a new 575 page book out called:

"The Insurer's Use of Computer Software in Claims Evaluation: Advocating for Your Client in the Age of Colossus

Many insurance companies have been using computer software called "Colossus" to evaluate the value of automobile bodily injury claims.

Insurers insist that this is merely part of the equation and that it is used in conjunction with the claims adjuster's judgment. However, some insurers may use the program as the only tool for evaluating claims, removing the human element from the process and resulting in artificially low settlements for injured persons.

This packet includes: deposition testimony from Allstate employees explaining Colossus, trial testimony, including cross-examination of the Colossus software licensor, ATLA Education speaker papers with instructions on how to work with your clients. [575pgs]"

Webmaster's note: Older subscribers will recall I've often spoken of Colossus, Allstate's corrupt program designed to lowball soft tissue injuries in auto accidents. It's programmed to offer only a small percentage of the actual cost of such claims, of course. This program is also used by many other insurers.

=========================================================================

NET TIP

If you don't have Earthlink or another ISP that offers it, I suggest you get Webroot's Spyware Scanner. Just by going to a website or opening email you can get spyware that regular virus scanners don't catch. Every time I run a scan I have at least twenty to thirty spywares on my computer. Some are just cookies but a few are actual programs that secretly launch and drain your system resources, including sending email that you don't know about.

Go to www.webroot.com to see their product. And run a scan every day.

Jim

=====================================================================

WHY FLORIDA CHEATED ON THE TOBACCO SETTLEMENT

After the massive tobacco lawsuit, the state of Florida cheated the lawyers who did all the work, pocketing the money they had agreed to award the law firms, and breaking their own contract.

Why did they do this? Simple greed? The answer is that Florida is a totally pro-corporate state and they knew the law firms would use the billions they got to sue other corrupt corporations en masse. I believe the insurance industry was next in their sights. Now, of course, they have been crippled by being denied the sums needed to pursue large actions against an entire criminal industry. I have, after all, said for years that the insurance industry is America's largest ongoing criminal enterprise. And that Isn't a joke or exaggeration.

Such massive suits against corrupt industries are totally necessary since the so-called "regulatory" agencies, the various state departments of insurance, are corrupt, or have been so emasculated by crooked legislators that they are no help at all. I'm sure everyone here made their first appeal to their state DOI and found them totally worthless, if not actively pro-insurer, or even insulting. This means there is Nothing to protect the citizen except for these large suits, so if corrupt states like Florida can break their contracts and starve out the large firms on costs, corporations can do as they will - robbing, cheating and murdering.

There are similar industry-funded movements in other arenas. Tort reform, for instance. Or the continual resistance against reform of ERISA, a law originally meant to protect workers which has been twisted into a Federal get-out-of-jail-free card by the insurance industry, since it pre-empts any laws states make to protect their citizens. Oddly enough, the very politicians who shriek "states rights" are first in line to strike down the rights of states to protect their citizens against vulpine corporations.

And of course, the various "globalization" and "fair trade" treaties are also designed to destroy any state or Federal laws that protect our citizens, since the treaties, according to "our" government, can pre-empt them. A state can actually be sued for passing a law that protects its citizens, if that law hampers a foreign corporation at all. Thus, our laws will be broken down to the lowest law of the scummiest company in the rottenest nation. We'll have the environmental protection of Lithuania and the worker protection of Guatemala. In other words, no protection at all. We will be slaves of the corporate states. If you think that's alarmism, look around at how many of "your" representatives and "regulatory" agencies they already own.

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HERE'S SOMETHING INTERESTING

A pre-emptive suit by a giant corporation. They're suing the very people they plan on cheating in order to discourage them from complaining. I wouldn't be surprised to see insurers trying this, too. Every state needs a strong SLAPP law to prevent crappy things like this from being attempted.

Halliburton sues retirees over health benefit cutback
Lawyer says move was likely pre-emptive strike
By L.M. SIXEL Copyright 2004 Houston Chronicle

When Halliburton announced in November that it would stop providing health insurance for its retirees who are eligible for Medicare, some got upset.

Three wrote the company complaining about the change that's scheduled to take effect Jan. 1 and promptly got sued - by Halliburton.

"I was flabbergasted," said Paul Bryant, one the three complaining executives and a former vice president of human resources for Halliburton until he retired in 1999.

The fact that Halliburton is dropping health benefits for its retirees in favor of Medicare is nothing new in today's business world.

That they were sued for complaining is relatively new.

Halliburton must have figured the retirees would eventually sue and made a pre-emptive strike, said Joe Ahmad, an employment lawyer with Ahmad, Zavitsanos & Anaipakos in Houston.

It's an unusual tactic in an employment case, said Ahmad, who is not involved in the dispute. But by suing first, Halliburton can choose where the case is filed and will have a chance to present its case first.

"A lot of times, you can win before the other side can even speak," Ahmad said.

...

Webmaster's note: this is not the entire article - I just wanted to point out yet another crappy corporation move. Actually, I've seen this before, where the bad guys sue their victims.

================================================

HIGH PRAISE FROM A WORKER'S COMP CRUSADER
(WHO IS ALSO WORTHY OF PRAISE)

Martha,

Thank you for posting Jim Mooney's latest commentaries, a truth serum report on the government's general state of moral decay. We are continuously bombarded with lies and distortions of the truth meant to divide and conquer. Since the victors are too often the best liars with the most money to buy lotsa lying time with media whores, does truth have a chance?

Not until truth serum reporters like Jim Mooney are supported to openly challenge the lies that unchallenged become the truth. Injured workers, of all people should really be in tune with this. We, as a group of American citizens are the victims of the most evil lying propaganda campaign in the history of this country. We must find a way to support the truth telling talents of people like Jim Mooney. As the saying goes,too many pearls of wisdom are cast before swine.

Mary Bailey
[email protected]

===============================================

AN INSURER'S DEAREST DESIRE - KEEP THE PUBLIC IN THE DARK

Public Citizen Press Releases Providing the latest information about Public Citizen activities -------------------------------------------

July 30, 2004

GEICO v. Google: Insurance Company Tries to Limit Consumer Access to Information on the Worldwide Web

Public Citizen Files "Friend of the Court" Brief in Support of Search Engines' Free Exchange of Information

WASHINGTON, D.C. - A consumer searching online for information about an insurance company should not be barred from seeing ads from that company's competitors, Public Citizen said today in a "friend of the court" brief involving a lawsuit filed by Government Employees Insurance Company (GEICO).

GEICO has filed suit against two major Internet search engine operators, Google Inc. and Overture Services Inc., in an effort to suppress advertising by competing insurance companies and online insurance brokers. GEICO is claiming trademark infringement, alleging that the search engine operators violate trademark rights by allowing other insurance companies to advertise to consumers who display an interest in obtaining information relating in some way to GEICO by using the registered trademark "GEICO" as a search term.

In its amicus brief, Public Citizen asked the U.S. District Court for the Eastern District of Virginia to reject the lawsuit against Google and Overture, contending that there is nothing about "keyword" advertising that inherently violates trademark laws. Trademark law protects against the misuse of a mark to create confusion about whether particular goods and services emanate from the trademark holder.

"In this case, GEICO's assumption that any member of the public using the term 'GEICO' must be searching for the official company Web site is preposterous," said Paul Levy, the Public Citizen attorney who wrote the amicus brief. "The user may be looking for information about the trademark, or about the trademark holder. He may be looking for historical information. The user may have a grievance about the trademarked item and want more information about other similar grievances."

Although its principal concern is to protect consumers who want to use non-commercial web sites to speak about corporations, Public Citizen is also interested in protecting the free speech rights of commercial entities, thus enabling companies to make information more available to consumers and increasing consumer choices while fostering competitive pressures that reduce product prices.

It remains a concern that search engines are becoming increasingly commercialized. It is important that search engines focus on clearly disclosing which listings are the result of paid advertising, and that the paid listings not crowd out the unpaid listings. There is a real danger in the system that displays paid search results before displaying impartial listings, but these problems are not trademark issues.

"The Internet provides a tremendous opportunity for ordinary citizens to express their views, and to have them heard, and by the same token, it provides an opportunity for consumers to obtain information that they may need to protect their economic and political interests," Levy said. "It is vitally important that the legal rules governing use of the Internet be crafted to provide a maximum opportunity for the free exchange of information."

A copy of the brief is available on the Web at: http://www.citizen.o...ents/ACF4F0.pdf


###

Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C. For more information, please visit www.citizen.org.

Webmaster's comment: This particular suit may seem innocuous, since it's just about advertising. But of course, if corporations can cow search engines about competing advertising, the next step is to get them to "unlist" sites that complain about insurers. It's a slippery slope to tyranny and the destruction of free speech, but corporations are Always trying. They never stop trying to shut us up.

===============================

ANOTHER INTERESTING SUIT

A Unum lawyer is suing Yahoo in a class action suit, because people on the Unum stockholder's board criticized him. Being that he works for Unum this strikes me as yet another SLAPP suit, designed to silence critics of the company. Oddly enough, he is in CA, which has a strong SLAPP law. Of course, it's being masked as a personal suit, although I'm not sure how he's turned it into a class action. Perhaps by saying he represents anyone who is criticized or argued with on any board, because they represent company intersets. This sure looks like a freedom of speech issue, not to mention a whiny issue. If you are sticking up for the bad guys in a place where their victims gather, well, duh, you can expect to be criticized.

============================================

THE CORPORATE PRINCES OF POWER

"...out of this modern civilization, economic royalists [have] carved new dynasties.... It was natural and perhaps human that the privileged princes of these new economic dynasties, thirsting for power, reached out for control over government itself. They created a new despotism and wrapped it in the robes of legal sanction.... And as a result the average man once more confronts the problem that faced the Minute Man...."

Speaking indirectly of the fascists that Wallace would directly name almost a decade later, Roosevelt brought the issue to its core: "These economic royalists complain that we seek to overthrow the institutions of America. What they really complain of is that we seek to take away their power."

But, he thundered in that speech, "Our allegiance to American institutions requires the overthrow of this kind of power!" --Franklin Delano Roosevelt

==========================================

DAMNING THE MEDIA

This is a subject dear to my heart. The way our corrupt and worthless corporate media brainwashes us. Although this is on a particular subject, it applies to a lot of things. For instance, the insurance industry has everybody brainwashed into thinking that insurance fraud is all against them, and that it is massive. The truth is, nearly all fraud is done By insurance companies against claimants, and it is much, much more massive than any fraud By claimants.

This article is too big for the newsletter so here is the URL. You may not agree with all the conclusions for the particular case, but it is important to look at the Method the media uses to brainwash us.

Americans Target of Largest Media Brainwashing Campaign in History http://members.tripo...anac/brainw.htm ===========================================================================

ANOTHER THING DEAR TO CORPORATE HEARTS - THE DESTRUCTION OF THE JURY SYSTEM

Frist Calls for Creation of Medical Courts --U.S. Senate Majority Leader Bill Frist has called for the creation of expert medical courts. In a wide-ranging speech on health policy delivered last Monday, July 12, at the National Press Club, Sen. Frist urged the federal government, among other things, to "set up an expert medical court system with transparent decisions, limits on punitive damages, and scheduled compensatory damages to provide rapid relief to truly [?!?] injured patients and hold negligent doctors accountable," according to Common Good.

Webmaster's comment: Translation - It Sounds gooD, but it's another rotten trick to bypass the jury system and make sure corporations get out of any liability, while their victims get nothing for the terrible suffering corporations purposely inflict by withholding treatment, or by greed-motivated negligence.

There is a concerted effort to discredit the American jury system, which has stood the test of time and fairness for centuries. Instead, everything is to be decided by arbitration, boards, appellate judges and special courts - all of whom, of course, will have less sympathy with a citizen than a jury of his peers. And which will also be easily co-opted and corrupted. It stinks. And of course, a lot of morons will fall for this crap and vote to screw themselves by voting for so-called "tort reform" or for scum like Frist. (Just to be fair, on the other side of the aisle, Democrat Daschle is a bendover boy for the credit card industry, and is constantly trying to pass a bankruptcy "reform" bill whose only aim is to screw the majority of working Americans and reward his financial industry masters. Gee, both Senate leaders are corrupt whores to corporate America. What's a voter to do?)

=================================================================

YES, I KNOW IT SUCKS

There is so much bad news about Unum that the front page of the main site, corporatecrimefighters.com, has become really cluttered. micethatroar.com still looks okay, though. I just got a new website program and will be redesigning and simplifying it when I get some other pressing business settled. (I've got a crazy lady stalking me, for some odd reason, for instance. And there are the usual medical and financial problems. And stuff to do with the Internet. It would be nice to have a Peaceful and Secure life for just maybe a year or two, without so many problems - then I could really tear the insurance industry a new one ;')

=================================================================

PLEASE PITCH IN
Please support our cause if you feel this is important work that should be expanded. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment of $15/yr to:

James Mooney
PMB # 106
4495-304 Roosevelt Blvd
Jacksonville, FL 32210-3381

OR Pay Via Paypal at: https://[email protected]

Jim Mooney, webmaster:
www.micethatroar.com
www.corporatecrimefighters.com

UNUM'S SECRET "DESTROYED" CLAIMS MANUALS NOW AVAILABLE - Email [email protected] for details.

THE UNFINISHED TASK
"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906


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Posted 17 September 2004 - 03:54 PM

Read HTML version online: http://archives.zine...5758/25819.html


CORPORATE CRIMEFIGHTERS OF AMERICA - Sept 16, 2004
BBS: http://www.micethatroar.com/bbs/

=====================================================

THREE AND COUNTING

My phone has been down since the next to last hurricane, and thus my Internet

Anyway, a number of people have written to see if I'm all right, so rather than give the same reply a dozen times, here it is. I'm all right. ;')

So far the hurricane damage is a leaky roof, but it's been raining so much I can't patch it fully, since that needs sun and time to dry out, and the next hurricane is on the way. Hopefully it won't get worse and collapse the ceiling. although I don't know what damage Jeanne may yet do, anyone who wants to donate to the Jim Mooney Repair Fund, feel free ;')

Three major hurricanes in a few weeks, with a fourth coming, is a record. Hurricane Jeanne is on the way, right up the coast into Jacksonville if it follows the middle of the prjected track. I may not dodge the full bullet the fourth time. Florida is cursed. I've been wanting to move North anyway and this sure is a spur.

Otherwise, there's a lot of work clearing debris. Half the tree limbs and leaves tend to blow down and there are a Lot of trees here. And they tangle with vines, making clearing them out Really sweaty, swearing and annoying work. I guess I should buy a chain saw before Jeanne comes. Then again, I should save for roof repairs.

More upsetting than the wind damage, our dog Einstein (who was inappropriately named, it seems) slipped out of the gate in the middle of the storm when I went to check a thud on the roof, and disappeared into the hurricane. We thought that was the last we'd ever see of him. He came back three days later, soaked, chilled, with a fever and a gimp leg and near dead. He seems to be mending, though, since I'm good at healing animals. I should have become a doctor or lawyer. Being a corporate irritant is more fun, more fulfilling and more important, IMHO; but it sure doesn't pay the bills ;')

A few other pieces of insurance news came in before and after the phone failed, so here they are. Say a prayer for us that Jeanne doesn't flatten the house. (For one thing, I'd then have to deal with an insurance company - ugh.)

Now I have to go through the thousands of emails and spams that piled up while the phone was out. Double ugh. This is the curse of having a public email address and having to check for new mail from claimants, so that I have to at least scan all mails to make sure it's a claimant and not spam. It's one of the worst parts of this "job." ;')

======================================================

STATE TROOPERS NEED TO GET TOGETHER

A while back I was advised by Chief Ron Cuzze of the Nevada State Police Benevolent Association that UNUM was cheating all disabled NV state police. I just got a letter from a VA state policeman that he is being cheated. I honestly think there is a national pattern here and the various state police agencies need to get together to look into it. This is how a national company like Unum cheats bigtime. Each state is unaware of what is going on in other states, so they get to do the same crime fifty times. Even if they are caught in one state they have forty-nine others to do crime in.

======================================================

SALDI DECISION

Jim,

I think a lot of people litigating against Unum would be interested in learning about the Saldi case in PA where the judge there granted very broad discovery to the plaintiffs. Essentially he let the plaintiff look through all kinds of material that Unum was trying to hide. Perhaps a mention on the corporate crimefighters site would be appropriate and would help more claimants shine some light on Unum's activities.

Keep up the battle !!

Phil

Webmaster's note: I haven't looked this up yet and I'm battening down for the Next hurricane (Jeanne). If anyone wants to research this and send me the decision, URL, or abstract, feel free ;') That will be yet another thing to headline and the front page is already cluttered. I need to redesign that site soon. I also want to headline the back-and-forth about Judicial Plagiarism we've been having as soon as it's about complete.

======================================================

TWENTY YEARS OF CENSORED NEWS

As I've been trying to educate people for a long time, our news media tells us about five percent of the truth - and that's nationally. We hear about one percent of what goes on in the world. So when we wonder why half the world hates us, or the economy is going in the dumper, or there are crime or health care problems, we usually don't know the Real reason. Instead, we know fake reasons the politicians tell us to get elected. Of course, since the reasons are fake they can't really solve the problems and things just keep getting worse. The title above is of an excellent book I just bought. It's older and I'm sure it's been updated by now, but damn, it sure is an Eye Opener. We've been had by our corrupt and febrile media. You are not being told the truth.

You can get info on publications like this at www.projectcensored.org, which details all the things they Don't tell us every year. Or you can just hunt for a used copy at Amazon.

======================================================

PRODUCT REVIEW

I spend so much time cursing corrupt corporations I figure I'll rave about a good product. Good products are nearly always real and practical items like computers and mops. The rotten products are usually made by the financial services industry, since they're so vague and ill-understood they can get away with murder for long periods of time.

Anyway, I bought the Mr. Clean Magic Eraser and it really is amazing. It takes scum off walls that would otherwise demand a repaint. I rescued an old half-bath sink that was so full of everything from paint to grease that I thought I'd have to replace it. I even cleaned hardened ink off an ink dolly in my printer that Nothing else would clean properly. (The printer later died for other reasons - an intractable paper jam due to bad design - avoid Lexmark.)

The Magic Eraser really is amazing and since it wears away like a real eraser you even know when to get a new one. You have to wet it to make it work. Since I never read instructions I of course learned this the hard way ;')

======================================================

MORE ON SSDI GIVEBACKS

I think I posted this already but there is a further response, so I thought I would again. This about finishes the SSDI giveback thread, and I'm waiting on one more piece to finish the Judicial plagiarism thread, then I can post them both on the front page of the site.

Jim-

In the wake of "judicial plagiarism," "Frances," and SSDI "givebacks" I will admit to not having an "original thought" since I've provided and you've published info on the SSDI issues before. Anyone is free to email me after Frances for articles and info specific to the insurer generally being due monies upon SSDI award. For the record, in addition to being an insurance agent by trade, I consult in claims matters including social security. Visit www.disabilityinsuranceforums.com; www.nadr.org, www.nosscr.org, www.severenet.com, www.traverlaw.com as places to start for great info on the matter. (If I forgot any key sites, forgive me.)

First, please remind Bob and the other claimants that they need not feel terrorized when they receive the "reimbursement" letter upon award of the SSDI. Chances are they signed a reimbursement letter when their LTD claim began. The claimant AGREED to reimburse the insurer at point of award. The insurer continued paying the FULL LTD while Bob applied for ( and maybe re-applied, appealed, etc) his SSDI. Thus, it is expected that the monies the insurer paid will be promptly repaid upon award of the monies. Unfortunately, SSDI and LTD insure a portion of ones income, assuming one is fortunate enough to have that much. The insurer does not have to be nice because Bob is already living on way less income than he was. (I'm not picking on Bob, I'm just trying to be pragmatic and upfront.)

Second, have Bob perform a review of the monies sought by the insurer. Do they include dependents benefits? Is any integration allowed for in the plan? Are the LTD and SSDI numbers consistent? Someone should do an accounting to solve for things like Cost of Living Adjustments and attys fees that MAY NOT be recovered by the insurer. Bob is welcome to phone me next week if he wishes me to run through the numbers with him.

If the insurer will allow a payback schedule, great. But, don't count on it. No one specific insurer is worse than any other when it comes to SSDI reimbursements. More and more plans allow for the offsets, and more and more allow for that of dependents as well. Remember, the premiums paid are commensurate with the benefits and definitions thereof....you or your employer enjoyed lower premiums because of the offsets allowed for.

Finally, Option 1 can be dangerous to elect if someone is not well beyond max SS contibutions for max time....Specifically, states like California allow the insurers to deduct from the LTD monthly benefit the "estimated" benefit which is thought to be the same for all employees! And, unfortunately, a lower wage employee can be estimated the same as a high earner. This option can leave an employee with little to no LTD until after the SSDI is awarded or denied, and then they get a check for the amount the insurer owes over the SSDI award. So, be careful of the option you elect. Or seek guidance.

An award of SSDI turning up in ones checking account is NOT a windfall. I know that claimants get ticked when the insurer suddenly wants money. My advise? Pick your fights, and stick to ones that are founded and that you can win! God-willing, Bob will recover and return to work quickly needing neither his LTD or SSDI. However, the continuity of the benefits are critical and I strongly encourage calmly reviewing the documents, your rights and any possible options.

OK...I'm getting off my soapbox and back to the hurricane. (Oh, kudos Gene and Chip...I'm glad someone spoke up for the judiciary! It is common for resolutions, stipulations and settlement agreements to include direct quotes. This does not indicate an inability to think original thoughts.)

Best regards to all for a safe passage through Frances.

Caryn Montague, RHU, LUTCF, CSA
Diplomate, American Board of Disability Analysts
Mediator
Miami, Florida
305-935-1622
[email protected]

P.S. No, I don't get a percentage of the reimbursed LTD monies for pointing out the above! ;-)

******************************

Webmaster's Opinion:

I know that according to the jot and tittle of the law people aren't supposed to get double reimbursement - I get the "legal" argument about the giveback all the time. I know what the lawyers are saying but I object to the way Unum handles it. They stall someone for years until they are in bankruptcy, but then insist their victim follow all the rules they have broken. Why shouldn't someone make up the huge loss in time, money and heartache that Unum imposes on them, that they hardly ever get back. I know that's not the law or the contract but I also know in my heart it would be the Right thing.

There is also the more general issue that Unum is collecting the premiums but then throwing the financial burden off on the taxpayer via SSDI, which they even encourage people to go on. Now how nutty is it that they Know someone is disabled enough to go on SSDI but they insist they are not impaired? I tend to look at moral issues globally. I know it wouldn't float in court but it's how I feel.

I got lots of good info on SSDI givebacks though, and that will be a help. People are Always writing me about it, so when I get time between hurricanes I can put up a section on the site.

As for the judiciary, I didn't say they were All crooks and plagiarists. Just some. And an awful lot seem to be pro-insurer. If you're new check out the link about "trips for judges" on CCofA front page to see one reason why.

Also, it's not just the copying of valid opinions that is the trouble. A number of people tell me the judge has copied bald lies and misrepresentations of fact that were put forth by the insurer, and even disproved, yet found themselves into the ruling.

Jim

==================================================

APPEALING TO UNUM AND SPITTING INTO THE WIND

Jim,

This is the appeal that I filed with UNUM Provident on June 28, 2004. I'd meant to send you a copy of my letter before now, but dealing with UNUM Provident has sapped my health and energy. I hope my appeal letter can be of some help to other posters on your website.

An update: UNUM Provident is still jerking us around...the 90-day appeal decision is looming on September 28th...on Monday 9/13/04, I called the claims analyst (or whatever they're called) assigned to my case...he told me that my case is still "under medical review"... using what I hoped were socially appropriate words, I basically told him to tell their "medical reviewers" to get off their butts and make a decision...told him that UNUM Provident needs to "crap or get off the pot" ....told him I and my family are suffering and it's all their fault...and that their delaying the decisions was starting to make me believe that everything I'd found out on the Internet about them is completely true (or course, I already believe that, but why tell them?)...that what they're putting me and my family
through is making me more ill...told them that although I'm just one person against their big, bad company, but I'm going to make it a point to be a big pain in their necks, especially if they deny me..and hopefully I made it very clear to them that I'll litigate their silly company into the next century if they deny my appeal...I also told him that I will be calling my lawyer on September 29th if UNUM Provident can't see fit to make a decision. The claims analyst basically tried to placate me by "apologizing" and assuring me that he would "let the medical reviewer know about my concerns" but couldn't tell me when a decision would be made.

Webmaster's Note: Here is the appeal -

***********************

July 5, 2004

To Whom It May Concern:

I am writing to you because I am having trouble with my long-term disability (LTD) company, UNUM Provident. I recently sent them a letter appealing their decision to terminate my LTD payments after only 6 months of benefits because according to them, I have a disability that is "primarily based on self-reported symptoms."

The "self-reported" illness with which I have been diagnosed is Fibromyalgia. Some will argue that Fibromyalgia does not exist. That anyone who claims to have it must be a hypochondriac. I am here to tell you it is very real indeed.

After working for nearly 20 years, my symptoms became so severe that my doctor put me on medical leave in August 2003. I earned a good salary and had been in my career field for many years. Despite my strong desire to resume working, I am still unable to do so. I have a family and I can no longer support them. Now that UNUM Provident has cut off my benefits, we are depending solely on my husband's salary to make ends meet and it is a struggle just to pay for basic living expenses.

You may find yourself wondering why I am contacting you. I am just one person and you do not even know me. UNUM Provident is one of the largest LTD insurers in the United States, yet I have chosen to stand up to them because I truly believe that what they are doing is wrong. My family is just one of many who have been hurt by UNUM Provident.

Again, I am just one person and there is no reason that you should necessarily care.
But I hope you will. I would be grateful for any feedback or other assistance you may be able to give me in my fight against UNUM Provident. Even if you cannot help me personally, perhaps you can use my story to help others who are facing a similar plight.

Enclosed is the appeal letter that I sent to UNUM Provident on June 28, 2004. If you would like to review the supporting documentation to that letter, also attached is a list of Internet web links for your convenience.

I can be reached by phone or e-mail as listed below. Thank you for your time and attention in reading this letter.

Sincerely,

Kayla Denham

E-mail: [email protected]

To: UNUM Provident Benefits Center
ATTN: Quality Performance Support - Appeals Unit
PO Box 9548

======================================================

AND NOW A NOTE TO ALL YOU LIARS OUT THERE

I have some feedback on your "website" (it is in quotes as I have a hard time giving it a legitimate name). I have to tell you that you really have too much time on your hands. For someone with "CFS", you have plenty of energy to run a hate campaign against an insurance company online. (By the way, CFS isn't an immunologic disorder, it is a psychiatric disorder). EVERYONE thinks they have a valid claim, and everyone who is denied feels "cheated". Surveillance people do not "ram" vehicles or "run them off the road". They check activities to see if they are consistent with what the claimant is reporting, and it sounds as if yours were not. Disability policies are for INABILITY to work, not CHOOSING not to work. You are obviously lying, and this is why you have not won your lawsuits. Perhaps
in the future you should take the time to read your policy prior to purchasing it. It is interesting that you do not allow anyone from Unum or who has had a good experience with Unum to post on your website their stories.

This is solely the opinion of someone who has unfortunately wasted their time reading through your site, and has a REAL understanding of insurance.

Frank White [[email protected]]

Webmaster's comments: Gee, someone doesn't like my site. And here I've allowed them to post, contrary to their claim ;') They also are under the mistaken impression that I have a suit against Unum and stand to gain thereby. Afraid not. I'm doing this because it's the right thing to do. I don't know if I can afford to do it forever, but I figure I've put in my time and will get my brownie points in heaven ;').

By the way, even the benighted CDC, after years of stalling and stovepiping, now admits CFS is not a psychiatric disorder.

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A RESPONSE TO MY OBJECTIONS

Jim-

Seriously and respectfully, the reason I responded to your listserve as I did is because you reach a wide global audience. In principle, I agree with you. Passionately, in fact. However, to direct people to not return the monies or to foster a more acrimonious situation is dangerous. Bob may not have seen your newsletter before, and may not know that the legal issues have come up numerous times before: He may not know what is rhetoric and what is fact---and, he may not be alone. I send copies of your newsletters out all week

People take the newsletter and other info sources like the disability insurance forums as gospel. For someone to yell fire in a clear room is one thing....for either of us to do so is problematic because of the responsibility we assume serendipitously through the roles we play in the more global place. For someone like Bob, who is finally getting some modicum of stability where his benefits are concerned, to begin messing with the insurer now will do nothing but cause him more headaches. I've been accused outright of turning into a pet of the insurer. I'm not. You know how many years I've been on the front lines helping people, very often pro bono, and helping to maneuver some sense in this otherwise senseless disability income fiasco. I guess I just feel I have to take issue with someone
who can use the strength and influence to help others gain control do otherwise. I'm not conceding, nor am I trading sides....I just see guys like Bob, and the thousands like him, as needing some frank, black and white info where indicated, and some serious advice and TLC where available.

By the way...in catching up with some emails (about 500 of them!!!) today, I saw State Farm is trying to get Campbell back to the USSC. Now THAT is is worthy of opining!

You stay dry.

Caryn

==================================================

MORE ON JUDICIAL PLAGIARISM

This is just a short note I didn't publish, to be followed by Part II of Eugene Andersen's opinions on judicial plagiarism.

*******

Folks: be very careful with this. A number of courts ask parties to submit recommended rulings. Less ominous than this is a practice, which is common in many courts, for the judge to say or write "Settle Order". The real vice is more subtle. Judges and insurance companies have a symbiotic relationship. Judges have a vested interest in restricting the size of the judiciary (priesthood). If we had four Supreme Courts competing for new business we would have a much less "establishment" oriented judiciary. The present aristocratic makeup means that the system is not a jury trial system, it is a forced settlement system. Disputants who resist settlement face very harsh judicial wrath.

Part II to come.

Eugene R. Anderson
Anderson, Kill & Olick, P.C.

Webmaster's note: I seem to have mislaid part II or not gotten it. Lots of email problems since the hurricane knocked my phone out, and when it came back there was tons of line noise. I'll see if I can procure it ;')

======================================================

FROM OUR UNUM TIPSTER

INSIDE UNUMPROVIDENT--

The Aristocrat Attorneys-"Let Them Eat Cake"

Economic injustice is no more keenly felt in our legal system than in the area of disability claims. After having yet another individual client tell me, "I called an attorney, but he said, "You can't afford me, contact someone else."

Now, I'm not talking about attorneys, who although they can't pay next months rent, take on disability claims "to fight the good fight", and wind up with a financial loss to themselves. There are some of these out there helping ERISA claimants and doing one heck of a good job.

I'm talking about law firms and attorneys who think so highly of themselves that denied disability claims, without the prospect of million dollar awards in punitive damages, just aren't worthy of their attention. Well, to some attorneys, pro bono is truly a dead language, never to be retrieved in face of their sophisticated reputations.

Hidden within the already corrupt disability legalities, then, is the premise that wealthy individuals who can pay high attorney fees may benefit by having an expensive attorney. It is also true, highly paid professionals with expensive monthly indemnity Individual Disability claims, are more likely to benefit financially than those who have an ERISA claim. Most ERISA claimants are already financially challenged when their claim is denied. So, where is the representation when THEY need it? Who is the most harmed-the person with the ERISA claim, or the person who can't find an attorney to take their case because they "can't afford one?" Justice may be blind, but it is also very biased toward the wealthy.

Personally, I find it extremely difficult to tell someone they can't afford me, just from a "nice guy" perspective. If I knew someone was facing extreme financial hardship because their disability claim was denied, I certainly wouldn't say that. Is insensitivity a requirement of a $400 an hour attorney?

Seems to me what we need in our society is to graduate attorneys from the Law School of Humility. But, at my age, I've found the expression, "what goes around, comes around" to be an inevitable truth.

True justice then will happen one day when the $400 an hour attorney becomes disabled and his /her ERISA claim is denied. You know what they say about "walking a mile in someone else's shoes?"


Come on. If you are an attorney and are overpriced for the common folk, just tell them you can't take the case. I can't afford a Rolls Royce either, but then again I don't need a Rolls to help me restore my ERISA benefits.

Webmaster's Comment: The legal system in our nation sucks and is biased entirely toward the wealthy (see Kobe Bryant, et al) So what else is new? The "have mores" have captured the courts, the Congress, and the Presidency. To ring a change on "The poor we shall always have with us", "Legal inequity we shall always have with us."

All men are equal before the law - hahahahahahahahahahahahahahahah - that must be some joke that really cynical professors tell (or lie) in law school. Everyone knows it isn't true but few admit it until they've been worked over by the court system - it's what they call a "public secret." Instead, the average idiot will pretend he has a chance in court and even support "tort reform," as Bush is pushing in his latest corporate-lackey commercials. Until the average idiot gets screwed over by a corporation because his lawyer was totally crippled by the "reforms." Then they may see the light; but too late.

======================================================

CDC DISTORTING THE FACTS TO AID THE VACCINE INDUSTRY

http://www.jpands.or...l9no3/stott.pdf

As mentioned long ago, the CDC got together with insurers, especially Unum, to ridicule CFS. The CDC even illegally diverted funds appropriated to CFS research to other programs, so they could continue to keep people in the dark. Now there is a TV program hailing CDC "heroes." What a load of crap. Like the FDA, which is banning cheaper drugs from Canada in order to help drug companies, they suck up to corporations a lot more than they give a damn about our health.

======================================================

GASLIGHTING REDUX

http://www.ACCforum.org Media Release. ACCFORUM.ORG New Zealand.

The issue of being able to use an advocate to work with the insurance claimant and the insurance company has taken some interesting turns.

Recent events have come to light where the Insurance Company (ACC) Branch Manager contacted an advocate to advise of the refusal to deal with them and have consequently advised the advocate's clients they will require another advocate to represent them. Please take the time to read this thread:

Warning: Acc And Advocates, Must read this! http://www.accforum....findpost&p=9099

It is now known that following the letters sent out to the claimants, the ACC insurance company are looking at reversing entitlements gained for the claimants behalf by the advocate. Essentially the advocate gained legitimate help for those whom needed it, effectively the advocate did the case managers job. The ACC have stated the advocates success have cost the Corporation a lot of money.

The advocates have documented cases of claimants who can be classed as "Being Neglected" by the insurance company due to the denial of legitimate entitlements for help with medical treatment, rehabilitation and compensation following injury.

Since questions were raised about the issue of advocate representation, several more similar cases have since come to light where the insurance company have over-stepped their authority by advising claimants the advocate has to be approved by the corporation.

The human rights detailed in the NZ Bill Of Rights ACT and the ACC Code of Claimants Rights, including the ACC's own act, the ICRP 2001 Act, have clearly been breached on several counts, with the similar issue also now known to have happened with other ACC branches in New Zealand. It is the claimants right to choose an advocate, not the insurance company. With the behaviour known to be asserted toward injured and disabled claimants, the issue of how the injured person is affected could be summarised by the term "Solitary Confinement". Read the thread here: http://www.accforum....findpost&p=9182

The ACC insurance company recently announced their intent to fund "Independant Advocates" whom work with ACC claimants. Who wants an "Independant" Advocate? You want them to be on your side and to help. An advocate claiming to be "Independant" would be bound by the terms and conditions of the funding requirements issued by the insurance company. Essentially the ACC are attempting to determine and control who can help claimants, that is not right, it is not in the interests of the injured person or their welfare.

The question ought to be raised whether the insurance companies behaviour reflects the want to not openly identify possible and actual cases of neglect where claimants have not been properly case managed. The ACC's attitude and behaviour toward the advocates should raise alarm at the possible subversive control of whom can help a claimant in need.

First impressions of this issue sound remarkable like the "Gaslighting" issue found on www.corporatecrimefighters.com . The extensive communication and information gathering by claimants and advocates identify the ACC policy of pushing hard for claims closure and entitlements termination to meet performance incentives, by claiming "Fit for Work" through biased faulty independant medical advisors opinions. The confusion created through conflicting medical diagnosis has meant little or no appropriate medical treatment for the injury the claimant suffers.

Your responses to this are welcome at: http://www.accforum.org

The Accforum Team.

Webmaster's comment: Looks like we're global. I get mail from Canada, NZ and Australia. Unum, and most big insurers are global, especially in Commonwealth nations. Although I noticed that the Japanese had the good sense to kick out both Allstate and Unum. Apparently their government actually Protects their citizens, at least from foreign predators.

===========================================

THE CORPORATE DRUG MACHINE

Will probably now badger everyone into taking Lipitor, since Clinton had a heart attack. (Could be the cheeseburgers and fries did him in more than lack of drugs, though.) In our tradition of giving counter-opinions, especially to corporate hype, here is Bill Hammel.s opinion on Lipitor. It is, of course, still your decision what to do. The benefits may outweigh the risks in your opinion. But at least you can be informed on both sides now. And know enough to question your doctor carefully instead of being a dumb post ;')

http://www.n3inc.com...t_103003Web.pdf

A number of years ago I warned of exactly this; my research in biochem and molecular biology was not a waste. I suppose it bears repeating.

"Oh, you may have a few musculoskelatal aches or pains."

Ya know what those pains an sorenesses are? They're called symptoms of rhabdomyolysis - look it up. I got curious when it [Lipitor] was prescribed for me ... On my say so, rather fortunately, it got ditched fairly quickly, but I still wonder if fast enough.

I haven't even read the article - don't have to. I probably knew more than the article dare say, several years ago. I wonder if it mentions the severe rebound effect should you stop taking it? It doesn't matter much, but when you stop taking it, your serum cholesterol level goes ballistic. It's a wonderful piece of nonsense with which a whore physician can badger you to start taking this poison again.

The elevation happens because what it does is f**k with your liver to dampen its natural production of cholesterol - something you can't live a day without. Take the suppressor away, and all hell breaks lose chemically. You are addicted.

You can achieve the very same effect safely by switching your diet to protein rather than carbohydrates, particularly starches. It's the insulin-glucogon system, and it's really all first year biochem in med school - but who's paying attention? We're not talking cutting edge knowledge; it's been well known for decades. I did my bioresearch during the 1980s, and it was all very well known then.

There is, of course, a story behind this, and sick one it is. It involves physicians being held hostage by the American Medical Association (AMA) and it being in turn in bed, complete with purple prose, with the insurance cartel as well as the federal government. Ditto American Psychiatric Association. Same sh**s, different name.

Have a nice day

-- Bill

Webmaster's note: and we mustn't forget the all-powerful pharmaceutical industry, which dictated every last line of the recent prescription drug bill. Oh sure, they won't allow Canadian drugs in for your safety. And Medicare can't deal with the drug companies for mass discounts, like all big companies do, because of, because of - hmm, can't even think of a good lie for that one.

The human body does not produce cholesterol just to poison itself. Cholesterol is absolutely necessary to survival for a number of reasons. You can have too much; but you can also have too little.

===========================================

POOR DEAD OLD CAMPBELL

Trade Groups Join State Farm in Fight to Overturn Utah Award -- Again
Two major insurance groups are joining State Farm in its petition to the
U.S. Supreme Court seeking to once again overturn a massive jury award in
a Utah auto crash case. The groups, in a friend-of-the-court brief, argue
that Utah's Supreme Court is "flouting" the high court's recent edicts to
keep punitive damage awards within reasonable levels.

http://www3.ambest.c...y.asp?BSN=68225

Webmaster's comments: This campbell case has been going on forever. As often happens, the poor guy who originally sued the rotten insurance company is already dead. If you sue an insurer, make sure to leave the suit in your will.

======================================================

POETRY BREAK

Beauty and Anger

The mind sits.
Images, thoughts, memories, feelings and memories of feeling floating in and out, appearing before us like pebbles on a changing beach without end. Some go almost unnoticed. Some go unnoticed.

Some are prettier than others, as Newton once described.
We pick them up and live with them a while.
Some are less than pretty, but revealing nonetheless.
We pick them up and live with them a while.
A thing is always done for itself; reasons for doing it are simply excuses.

They are illusions these pebbles, phantoms after all,
and they dissolve in our grasp whether we will or no.

There are illusions of these phantoms.
Sometimes we hold onto those, thinking the phantoms still are there. They are not. They never were.

In the meantime, many pretty phantom pebbles go unnoticed. Maybe we will see them. Maybe not. The mind sits.

Bill Hammel

Webmaster's comment: I especially like: "A thing is always done for itself; reasons for doing it are simply excuses." Most of the problems in the world come from it being half lies, followed by half excuses and rationalizations. By people putting up a pretense of holiness about things that they simply wanted to do. Then they erect these huge and stifling institutions and belief systems to cover the simple fact that they are just doing as they please. Or worse, simply acting out of bad habit. Gurdjieff was right about that - most people are robots.

The truth is, nasty people are nasty first and then find a reason. Kind people are kind first and then find a reason. To twist Sarte, Essence precedes Explanation ;')

It will ever be thus. So when someone screws you over, don't buy their excuses of "I had to do it," or "they made me do it." A rotten person is a rotten person. If they're doing a job that involves hurting others for gain, they should find another job and redeem their souls. (Insurance adjusters, please take note ;')

======================================================

A SIMPLE SERVICE

http://www.insurancegripe.com.

This site walks you through making a complaint to your dept of insurance and is mildly useful thereby. (They are also selling insurance.) Can't hurt, I guess, although most of our readers have found state DOIs are totally useless. At times they can help with smaller claims, though. And there are some people who don't even know how to file a complaint. More important, the filing of a complaint at least increases the complaint statistics of bad companies; so that if DOIs ever Do take action, they'll know who to target.)

======================================================

HERE'S A WEIRD ACUPRESSURE TIP

Massaging the tip phalange of your left little finger is supposed to relieve stress and blood pressure. I tried it and it appears to help. Also, on massaging it I realized it was sensitive, even though I hadn't realized previously. A high sensitivity is supposed to indicate stress. Since I know I'm stressed but didn't know my fingertip was sensitive, it was a minor support for the theory - not a proof, but an indication there might be something to it. And my right fingertip is not so sensitive.

======================================================

AND SOME INTERESTING "CENSORED" NEWS

For those of you tired of mostly insurance. If not, you can skip down to the contribution blurb, since this is the last article ;')

The FBI and CIA are investigating AIPAC, the lobbying arm of the Likud Party of Israel, for possible espionage, up to and including influencing our invasion of Iraq via a putative fifth column in the Administration.

The invasion of Iraq had nothing to do with terrorists, since the 9-11 terrorists came from and were sponsored by our "allies" the Saudis. This is one of those little truths the media doesn't tell you, as per Project Censored above. Neither the government nor the media wants to lay a glove on Saudi Arabia since they control the oil, so you will probably never, ever hear more than a faint public mention of this. Better to blame and invade other nations for the murders instigated by the miserable House of Saud and its fat, pallid and corrupt terrorist-supporting Wahabbist princelings. Sen. Bob Graham of Florida is coming out with a book about the subject. He was muzzled during the 9-11 hearings but is now speaking out. I really doubt the mainstream media will carry much mention of his book, though.
The best way to control people is to keep them in the dark.

By the way, since they are also furtively reactivating Selective Service, I suggest everyone volunteer to be on local draft boards, in order to institute a degree of fairness. As I recall, during Vietnam, the boards were really crooked. They drafted Elvis but never drafted a pro football player. The children of the poor and middle class were represented inordinately. Those of the wealthy or politically connected skated away or got special placements. I volunteered for service, but being non-rich and non-influential, I hadn't a hope in hell of getting into the Guard or the Reserves at the time, anyway. There was a long queue of wealthy "girly boys" in front of that line ;')

Since most average people didn't want to be on draft boards, it left a power vacuum which was filled by crooked influence peddlers, eager to use their position to do favors for the influential. Like many things about Vietnam, it really stank to high heaven.

Here are a couple of interesting links that take a different and rather grim slant on what we think we know about current and historically recent events: 9-11 and the Kennedy Assassination. I'm not necessarily endorsing every conclusion in them, but they are well researched and give you pause to think that the ground of "fact" you are standing on is illusory indeed - that there are counter-arguments.

http://www.projectce...ons/2005/9.html

http://pages.prodigy.net/whiskey99/

If the articles p*ss you off, I would rather p*ss people off with what I feel is the truth than please them with lies. (I guess I'll never be a politician - besides, I'm lousy at remembering names ;')

By the way, I'm not being a granny with the ** replacing parts of good old Anglo-Saxon usage. Nanny ISPs like AOL sometimes block email that contains swear words, although they don't block lies and violence, alas. I have had intermittent trouble with AOL blocks for one reason or another for years, so I don't want to tempt the dragon.

I have the feeling I duplicated a couple of previously posted items, but everything got confused after my email went blooey. And I must admit I felt like I was a blind man in a dark room to be cut off from the Internet for so long. It was really frustrating.

Okay, a dark room wouldn't matter to a blind man. I was being redundant for effect.

======================================================

PLEASE PITCH IN

Please support our cause if you feel this is important work that should be expanded. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment of $15/yr to:

James Mooney
PMB # 106
4495-304 Roosevelt Blvd
Jacksonville, FL 32210-3381

OR Pay Via Paypal at: https://[email protected]

FOR UNUM'S CLAIMS MANUALS AND OTHER DOCS - Email [email protected]

THE UNFINISHED TASK
"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906


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CORPORATE CRIMEFIGHTERS OF AMERICA - Oct 18, 2004
BBS: http://www.micethatroar.com/bbs/

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THE MOST FREQUENTLY ASKED QUESTIONS ABOUT DISABILITY

There are some topics I am asked about more often than others. Although there is not enough room on these pages to answer every question completely, please feel free to contact me if you need additional information.

Is my disability insurer permitted to reduce my disability benefit for my Social Security Disability (SSDI) award?

This issue does not generally come up for Individual Disability claims because the reduction in benefit is not written into IDI policies. However, for group (ERISA) LTD policies, there is most often a contractual provision which allows the offset from your monthly benefit. Check your policy carefully to determine if your insurance company is allowed to reduce your benefit.

Do I have to turn over my social security lump sum award to the insurance company?

In general, yes. If you received a lump sum payment from Social Security for the same period of time you received unreduced benefits from your disability insurer, then you MUST repay the insurance company since you were overpaid in previous months. Social Security must be allowed as an offset first, before the insurance company can require you to repay the lump sum from Social Security.

What do I do if I receive a denial letter from my disability insurer terminating my benefits?

If you have a group LTD ERISA claim you must follow the directions given to you carefully in the denial letter you received. You have 180 days from the date of the letter to inform the insurance company you intend to appeal the denial decision.

If you have an IDI claim, you should immediately gather all medical information from all sources not previously reviewed by the insurance company, and send it along with a cover letter requesting a reconsideration of the denial decision.

A consultant or other trusted resource will be an invaluable resource to you since the ERISA laws are very clear about how to appeal claim denial decisions.

Must I attend an Independent Medical Exam if requested to do so?

Most of the time, yes. You should always check your policy to determine if your submission to an IME is required. Many insurance companies are now putting language in the LTD contacts which compels claimants to "cooperate" with the insurance company. If the insurance company feels you are not cooperating, they could terminate benefits for refusing to show up for the medical evaluation.

What information will the insurance company be able to obtain about me?

With your signed authorization, the insurance company can obtain records for: loans, mortgages, bankruptcies, credit history, marriages, divorces, adoptions, employment history, motor vehicle report, arrests, military records, court orders, liens, police records, all medical, dental, and hospital records, welfare and human services records, information from neighbors, professional licenses and complaints, insurance or malpractice records, air travel hours redeemed, country club or physical gym memberships, golf dates and times, incorporation records, better business bureau records, records subject to the Freedom of Information Act, on-line chats, on-line websites, FICA payments, mental health records, and records from other insurance companies including social security, and workers' compensation.
And, this is just the short-list.

Can the insurance company conduct surveillance?

Yes. This is another area where a qualified consultant will be able to help you recognize the signs of investigative surveillance and help you understand how this information will be used to potentially terminate your benefits. Insurance companies cannot deny your benefits solely on what they are able to film on a CD. Insurance company procedures are often abused in the area of surveillance.

If you have any ideas about questions which you feel are frequently asked, or, you would like to include on this page, please feel free to email me with the question and I will be happy to include it among the above. I like to think of this page as "evolving", so please don't hesitate to let me know what questions you feel are important.

[email protected]
(207) 793-4593

======================================================

DAMNED IF YOU DO AND DAMNED IF YOU DON'T

Mary Parker
[email protected]

Unum told me last year that i needed to do vocational rehabilitation. I was
turned down by state vo rehab so i applied for va vo rehab even though i
really am not able to go to school full time but i felt it was necessary to
keep UNUM happy. A person came to my home last month and i told them I was
trying to go to school but having a hard time. Unum called Friday and
cancelled my benefit check because they said if I can go to school 12 hrs a
week, i am able to work. I told them they told me to rehabilitate myself.
Should i get a lawyer.

Mary A Parker

Persian Gulf vet-USAF , proud to serve
America is no 1 thanks to its veterans!

Webmaster's comments: What a rotten company. They say you're not entitled because you can go to school, but tell you to go to school, but it's just a ruse to deny your benefits. So you're screwed if you don't help yourself, and you're screwed if you do.

And of course, equating sitting in a classroom 12 hours a week is a far cry from working at a hard job 40 hours. 12 hours work sure isn't going to pay the bills.

======================================================

PRAYER REQUEST AND THE CURSE OF RESERVES

>From Kerri
[email protected]

It has been over a year since Unum discontinued my disability benefits. The bank has foreclosed on my house and I don't know what to do. I have no place to go. They paid me for 5 years and when some 5 year review came up that was it, all doctors notes, all the forms filled out could not change anything. When I requested a copy of my file from them (they have to give you) I noticed that the month my payments started they had already figured out exactly how much they were going to pay on my claim and exactly when they were going to cancel!! and they hit it right on the day!! My marriage is ending, I am trying to figure out my debts for bankruptcy, I am going to be put out of my house probably by the sheriff, I am so depressed. I know there are others that are probably in the same mess! thank-you
for letting me vent, if anyone reads this please pray for me, I do have my faith and I know on my worst days God is going to do something. please add me to any prayer groups!! MY name is Kerri, thank- you in advance :) I know one day someone will read our complaints and they will be led to take action, they might not be able to help us, but they can put an end to the horrible suffering Unum is causing their very own customers.

KERRI

Webmaster's comments: Yes, they do figure up what they are going to pay Before they know how sick you are. It doesn't matter if you remain ill or get well. Or what they promise in the contract. You only get what their accountants figure - or less. In fact, in one of the claims manuals on the CD, they give explicit instructions to base the claim payment not on the actual etiology of the disease, but on the reserves - the average amount set aside for a claim. Of course, since half their victims will fall Above the average, by the very laws of statistics, they are out of luck. (Fair being fair, if the cut off the longer illnesses to the "average," they should pay the shorter ones even if they get well, until they reach the "average." Of course they don't - that would be unreasonable. I'm just
illustrating that it is as unreasonable to cut people above the average as it would be to pay them after they are well.

To add insult to injury, Unum cheats on their reserves, stealing from the amount set aside to pay claims, in violation of state laws. This is why there is so little to pay claims and they pay so few. This is a truly satanic company, and they have to gall to pretend the give money to churches - the Church of Satan, no doubt.

!!! As usual, if you have advice for Mary or Kerri, please write them. CC to me if the advice is generally helpful but write them directly at their above email addresses. People often reply to me rather than the victim, which means I have to dig up their email address out of a thousand victims and forward the mail. If there are a lot of replies that can get time consuming.

======================================================

PRINTER HERE

I may have already mentioned it, but I don't need a printer/scanner now thanks to a member. This, after all, is a group effort and I appreciate help like that. Another member has helped with basic Internet costs so we can stay online, at least for a year.

The final thing we really need an angel for is high speed Internet. I literally Waste hours every day fighting a slow modem - time that could be spent on doing useful work against insurers. Right now I'm trying to do an eight hour download for a PDF program that will create top quality PDF graphic legal filings and concurrent OCR translations for posting on the net, for instance. And downloads that long keep getting interrupted and tend to fail so you have to do them over.

I spend a lot of time on the net but much of it is wasted staring at slow loading screens, which is a shame. It's amazing what you can do in the way of gathering damaging information if you can access five related sites in a couple of minutes, instead of waiting so long you forgot what you are looking for or just quit.

For instance, I'd like to find how many suits are filed against Unum. Everyone has a different figure since it would take a Lot of work to get the true figure. Federal is easy enough, but since there are 50 states and many counties in each state, and multiple web pages you'd have to check for each venue, you're talking about checking over a thousand web pages. At slow modem speed that would simply be impossible, or drive me insane.

Comcast cable Internet is about fifty bucks a month but you have to sign up for a year. If someone is worried I will drink up the money they can get the cable but have it sent to my home address ;')

======================================================

MY OLD NEMESIS ALLSTATE STILL HATES OLD PEOPLE

http://www.dailyherald.com/search/main_sto...?intid=38269137

Allstate sued for age bias
Daily Herald Reports
Posted 10/9/2004

Allstate Corp., the second-largest U.S. auto and home insurer, discriminated against older agents when it fired 6,200 employees in 2000, the U.S. Equal Employment Opportunity Commission said in a lawsuit.

The suit, filed in U.S. District Court in St. Louis, is the commission's second challenge to the firings, said Lynn Bruner, the commission's St. Louis division director. An earlier suit said Allstate violated laws by forcing agents to give up their right to sue the company. Allstate denied any wrongdoing.

Allstate, based in Northbrook, eliminated all of its employee-agents in 2000 and offered to rehire them as independent contractors with fewer benefits. The new suit focuses on a one-year moratorium Allstate put on rehiring agents to work in call centers and other areas of the company.

The insurer broke labor laws "by imposing its moratorium on this predominantly older group of agents and by applying the moratorium more harshly to the older agents within the group," said Robert Johnson, an attorney for the commission, in a statement.

About 94 percent of the fired agents were older than age 40. The commission said Allstate ignored the moratorium for at least one worker who was under 40.

Allstate spokesman Michael Trevino said the moratorium wasn't designed to discriminate. "The intent of the rehire process was for it to apply to all affected agents regardless of their age," he said.

The commission's earlier suit was consolidated with private lawsuits from agents that alleged age discrimination, among other things.

U.S. District Court Judge John P. Fullam in Philadelphia ruled on the consolidated case in April, saying agents could void the agreements in which they gave up their right to sue. The judge also said there was no basis to accuse Allstate of age discrimination when it switched agents' employment status.

The commission said Fullam's ruling did not address the one-year moratorium on rehiring agents as employees.

Former Allstate agent Ron Harper, a plaintiff in some of the suits, said the moratorium was one way to ensure that agents didn't get pension benefits as they were nearing 50, a trigger age for certain retirement programs such as health care.

======================================================

THE CRIMINAL STATE OF OUR HEALTHCARE SYSTEM

We spend more on healthcare than most nations, but get less service, since it all goes for HMO profits. It's total crap that this system is "the best in the world." That's NY Times hype. Not to mention the forty million uninsured who get NO care. Then we are hearing this baloney that we shouldn't mess with this system because we have Choice. WHAT A LOAD OF CRAP! You DON'T get a choice when dealing with a HMO. If you've every dealt with them, you know that's true. You get what they give you if you get anything at all - and try calling them up to ask for what you're entitled to. Be prepared to be put on hold for a Long time. You get even less if you're uninsured. Here's a note from a friend regarding our comparative rank:

"It is really sad what happens here in the US with the healthcare. A third world country like Colombia has excellent doctors and rich and poor gets taken care of by competent physicians. My dad was down there on vacation years back and he went to get a thorough checkup and a cardiologist found he had had a silent heart attack. While here in the US... he was misdiagnosed and it was not until a year later when a young oncologist who had lost his dad to colon cancer diagnosed him correctly. He had stage 3 colon cancer.

He had surgery, chemo and he's still with us... but because he was a small business owner (jeweler) he had no insurance... so you can imagine the bill."

Webmaster's comments: It's a lie that this government is pro-business. They are only pro Big-Business. Lack of healthcare for small business owners and their employees, or its increasing expense, is discouraging small business startups and destroying those that are in business. It puts small business at a Huge disadvantage in hiring good people, for instance, since all the smart employees will opt for the corporate job with health insurance, rather than risk all by going "naked" (a term for being uninsured).

======================================================

THE DISAPPEARANCE OF JOEY HIBBS

To remind people, Joey Hibbs was a great guy who was about to commit suicide thanks to Unum - and they cause a lot of suicides every year. The difference is that we were about to get media attention. A TV station wanted to do a story on him and it was emotional enough that I'm sure it would have gone to the national network. The reporter was hot to do it and promised to. Her station manager gave the go-ahead. Joey's ex-wife was going to testify, and one of our members was organizing the whole thing.

Suddenly, they all disappeared. The station didn't do the story, the ex-wife didn't interview, and even our member didn't respond to queries.

I try not to be paranoid, but it sure looks like another case, a la vacatur, gag orders and intimidation, where Unum made something embarrassing "disappear."

Actually, I"ve noticed that anti-insurance-company websites tend to disappear after about two years, a boundary I think I've already passed. I was hoping to "perpetuize" the site on that account if I can ever afford it. That would involve paying the server host a few years in advance and having a few of you notify them if the site went down. The site could even be updated by some trusted members, since there is now software that allows others, with no internet knowledge, to make updates to particular site areas, while the rest of the site remains locked. But again, the software costs a bit.

======================================================

WHAT I REALLY HATE ABOUT COMPUTER REFERENCE BOOKS

The first is that they cost an arm and a leg, ranging from sixty to a hundred dollars.

But the second, that is really maddening, is you buy the damn things and find they have a lousy index, so you can't find what you need to know easily.

Now it seems to me that a Reference book, especially one that costs a fortune, should have a good index above all other things. But that's the last thing they put effort into - usually throwing it to some publishing house trainee who knows nothing about the subject.

======================================================

CROOKED INSURERS, CROOKED BROKERS

And I'll bet those crooked brokers steer a lot of people to Unum. Dr. Judy had a crooked broker who did that, then lied about it. Her broker was even cheated by Unum herself, yet continued to sell their awful policies since the commission is high. Some people have Zero conscience:

Fri 15 October, 2004 08:04 AM

By Aleksandrs Rozens and Joseph A. Giannone NEW YORK (Reuters) -

New York Attorney General Eliot Spitzer is suing Marsh &McLennan, the world's number one insurance broker, for steering unsuspecting clients to certain insurers in exchange for lucrative payoffs.

The lawsuit, which alleges the manipulation has occurred since the late 1990s, also implicated Hartford Financial Services Group, American International Group, the world's largest insurer by market value, Chubb and Bermuda-based ACE, as well as a Munich Re unit.

Insurance company and insurance broker stocks fell across the board after the news on Thursday. In the S&P 500, six of the 10 leading percentage decliners were insurers, with the fall wiping out a collective $28.5 billion (15.8 billion pounds) of investor wealth among the six.

"This investigation is broad and deep and it is disappointing," Spitzer said at a press conference. The probe demonstrates again "disregard for ethics and the law among some of our largest corporations."

The lawsuit marks the third time Spitzer has taken aim at Marsh &McLennan. The company's Putnam asset management unit was previously embroiled in Spitzer's probe of the mutual fund industry, while its Mercer consulting subsidiary advised the New York Stock Exchange on former Chairman Dick Grasso's controversial compensation package.

On Thursday, Spitzer leveled particularly harsh criticism at Marsh &McLennan's executives. "The leadership of that company is not a leadership I will talk to and not a leadership I will negotiate with."

Marsh &McLennan, which said it is cooperating with Spitzer but had been unaware of the charges until the announcement, saw its shares lose nearly a quarter of their value, closing down $11.28 at $34.85, its lowest closing price in five years.

Spitzer hinted Thursday's lawsuit likely presages a series of criminal and civil lawsuits targeting insurance companies and their executives. "Trust me this is day one," he said.

"The allegations are very serious," said Kenneth Pan, an analyst with FTN Midwest Research. "It's tough to say where this will lead, but it seems it will spread throughout" the industry.

The insurance industry is the latest targeted by New York's ambitious attorney general, who in the last three years has waged a campaign to clean up everything from Wall Street's investment banking business to the mutual fund industry.

Thursday's lawsuit targets a practice known as "contingent commissions," or payments by insurers to brokers to steer business their way. Though not illegal when disclosed, Spitzer is charging Marsh with collecting the commissions by rigging bids and fixing prices that inflated costs for clients.

The attorney general's office said its review of documents from 2003 found that Marsh &McLennan collected $800 million in these contingent commissions, which was more than half of the $1.54 billion in profit it reported.

While Spitzer's suit alleges Marsh misled customers looking to buy insurance, it also noted the firm's policy of not disclosing how much the contingent commissions add to its earnings misled investors holding Marsh stock.

Customers of Marsh, which has 410 offices in more than 100 countries, included companies buying insurance for their employees, governments and school districts, the suit said. The suit cited Greenville County School District in South Carolina as one example of "where Marsh's steering and bid manipulation was plainly evident."

Two executives from AIG have already pleaded guilty to criminal fraud charges for their involvement in the alleged manipulation, according to the attorney general's office.

AIG closed down 10.4 percent and ACE dropped 9.5 percent. Shares of Hartford finished down 6.1 percent, while Chubb Corp fell 5.9 percent.

Shares of Aon Corp. and Willis Group Holdings, the No. 2 and 3 global brokers respectively, also fell as investors assumed the probe would spread. Aon closed down 16 percent, while Willis fell 7.1 percent.

"We believe Mr. Spitzer's actions could act as a significant overhang on the property casualty stocks, with the brokers having the most risk, followed by the commercial insurers," Jay Gelb, an analyst with Prudential Equity Group, said in a note.

Aon said it did not believe that any of its employees engaged in the behavior alleged against Marsh. It said that accepting commissions from insurers was a long-standing practice that is fully disclosed. It said it would continue to cooperate with the investigation.

AIG said it has cooperated fully in the probe and twice previously asked regulators for guidance on the issue.

ACE said in a statement it would continue to cooperate on the matter. A Hartford spokeswoman said the company does not condone bid rigging or any other illegal activity, while a Chubb spokeswoman said it believes the company and its employees have not violated any law.

Webmaster's comments: Why is it that Elliot Spitzer is the only one with the guts to go after these crooks? I don't see any other state AGs or insurance commissioners doing much at all. And the crooks in the US Congress are trying to pass a bill to limit the powers of people like Spitzer, so the corporations can run amok. We are becoming one of the most corrupt nations in the world; and a nation cannot long stand if corruption is endemic.

======================================================

STILL GOOGLING UNUM

Put Unum Provident into the web's top search engine and Unum Provident Crimes, linking to our site, still comes up on the very first page, two steps below their corporate site. So basically, you can't look for Unum Provident on the web without hearing about Unum Provident crimes. Gee, this makes me feel so Responsible. I really have to get time and funding to do a top job of renovating the site. I'm almost a corporate presence.

By the way, although we are two steps below the top ranking for the corporate site, if someone puts in Unum Provident, followed by most any derogatory term, we come out above them ;') With Unum Provident Cheats, for instance, we have three of the four top spots on Google. The other spot is a lawyer's site, but they probably pay for ranking, although they are still below us. Beats me why some lawyers don't buy advertising on the site since we are obviously the top ranked site out there. I guess they don't like the format - maybe if I clean it up I could actually support this crazy operation with some advertising. I've never done advertising, though, because I worry about my credibility. The site may look like hell, but I feel it's Very credible. Despite the claims of insurers, and unlike half
what you read in the papers and everything politicians say, I don't make Anything up. Heck, it's more fun to find bad things about Unum. Frankly, they do stuff so rotten I couldn't dream it up so I don't need to - truth is uglier than fiction.

Unfortunately, I forgot to put "sucks" on the site, so I'm missing the Unum Sucks crowd. I'll have to rectify that.

======================================================

OF THE UTMOST IMPORTANCE

More and more, our free speech is under assault by government and corporate forces. Pretty soon you won't dare speak up at all, and sites like mine will be a thing of the past as truth-tellers are slowly shut up. Here is the latest unfounded assault on free speech. Largely because Indymedia, like me, opposes corporate globalism, which is a plot to destroy our sovereignty and impoverish our people. FAIR, by the way, is one of the sites, along with www.projectcensored.org, that reports the news our rotten, corrupt corporate media suppresses.

Shut us up; then put us in chains.

Jim

Subject: FBI Shutdown of Indymedia Threatens Free Speech

http://www.fair.org/...-indymedia.html

October 15, 2004

In a chilling attack on free speech, U.S. authorities on October 7 seized two internet servers in London belonging to the independent media network Indymedia. More than 20 Indymedia sites around the world were taken down as a result of the raid. The servers were returned on October 14, but no formal charges have been announced and no explanation has been given for the raid.

FBI spokesperson Joe Parris told Agence France Presse that the raid was "not an FBI operation" but that the FBI issued the subpoena on behalf of Italy and Switzerland (10/8/04). U.S. authorities have refused to comment further.

Rackspace, the U.S.-based company that hosts the Indymedia servers at its London offices, revealed in a press release that the subpoena was issued "pursuant to a Mutual Legal Assistance Treaty (MLAT), which establishes procedures for countries to assist each other in investigations such as international terrorism, kidnapping and money laundering." Rackspace told Indymedia that they could not reveal any information about the subpoena-apparently the result of a gag order (Indymedia, 10/7/04).

Swiss authorities said they have opened an investigation into Indymedia coverage of the 2003 G8 Summit in Evian and that they had asked the FBI to help remove photos of Swiss undercover police from a French Indymedia site (AFP, 10/9/04). The FBI visited both a Seattle-based Indymedia lawyer and Rackspace about the photos, and Indymedia believed the issue had been resolved (Indymedia, 10/9/04). The site was among those housed on the seized servers; Swiss authorities, however, have not indicated that they asked the FBI to seize the servers.

An Italian prosecutor investigating an anarchist group reportedly also requested assistance from the U.S. to obtain information about posts on Italian Indymedia, but she apparently also did not request the seizure of the servers (italy.indymedia.org, 10/14/04). While the details of the subpoena remain undisclosed, the FBI's aggressive action against Indymedia is troubling.

Indymedia, which provides grassroots reporting on social justice issues and protests, is a decentralized network that allows anyone to post news on its websites. If there is reason to suspect that participants on these websites are involved with criminal activities, shutting down the servers is rather like shutting down the phone system because people have been using the telephone to plot crimes.

To silence over 20 media sites around the world with no charges and no explanation strikes a severe blow against freedom of expression and should trouble media outlets worldwide. European media have been covering the story, but in this country, the media have been virtually silent. Aside from two AP articles (10/8/04, 10/14/04), one by UPI (10/11/04) and one in the Hartford Courant (10/13/04), FAIR found no mainstream news outlets reporting on the Indymedia story.

This is not the first time Indymedia has been targeted by U.S. authorities. During the Republican National Convention in August, the Secret Service attempted to obtain private records from NYC Indymedia's Internet Service Provider; the ISP refused. The FBI attempted to obtain similar records from Indymedia servers during the massive protests against the Free Trade Agreement of the Americas in Quebec City but lost the legal battle (Indymedia, 8/31/04).

If there is credible evidence of actual crimes that involve Indymedia websites, then an investigation that respects Indymedia's rights as a media outlet may be warranted. But FBI action that intimidates or silences media around the world under a shroud of secrecy is an extraordinary and grave threat to free speech.


ACTION: Please sign the Indymedia solidarity declaration (http://solidarity.indymedia.org.uk/) denouncing the hard drive seizure and demanding a full disclosure of who is involved in the seizure, a copy of the court order, and an independent investigation into any violations of due process.

For more information and updates, see: http://www.indymedia.org


---------- Your donation to FAIR makes a difference: http://www.fair.org/donate.html

Webmaster's comments: The best way to steal a nation's freedom and get them to do what you want is to keep them in perpetual state of excitement and fear. That's what's been happening in regard to "terrorism," which is still a Much lesser danger than getting killed in an auto accident; we haven't turned our entire nation upside down because of poorly designed cars.

"Terrorism" is being used as an excuse for the minions of our government to do what they have always wanted - clamp down on free speech. And you can bet the corporate backers of some of our seamier politicians would love to have that clamp extended to the only true and free voice left - the Internet. You know what I think of the lies, shallowness and distortions of the mass media. Most of what you read there is unimportant, untrue, or a shadow of what is really happening, if you are told about it at all. That's why people have to start websites. And that's why the corpagovernment forces would dearly love to "harness" the Internet. They'll try every trick, from scaring us with "terrorism" to claiming they want to protect children they would otherwise starve and don't really care about. How
many million children in this nation have NO health insurance, and get sick and die early, and these bums, who vote against health care and child care, turn around and say they worry about hungry and impoverished children reading a swear word? It's hollow words from bribed corporate bums.

Some nations have lost a fifth of their population and recovered gracefully, but our leaders are turning us into a nation of cowards.

======================================================

OOPS, I FORGOT

Here is FAIR's infoblurb. It's a great organization that tells you what the lying media doesn't. There is also www.projectcensored.org If you Don't want to be kept in the dark by liars, visit these sites regularly (and read our newsletter ;')

SUBSCRIBE TO EXTRA! AND GET FAIR'S NEW BOOK FOR FREE:
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FAIR SHIRTS: Get your "Don't Trust the Corporate Media" shirt today at FAIR's online store:
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FAIR produces CounterSpin, a weekly radio show heard on over 130 stations in the U.S. and Canada. To find the CounterSpin station nearest you, visit http://www.fair.org/...n/stations.html

Feel free to respond to FAIR ( [email protected] ). We can't reply to everything, but we will look at each message. We especially appreciate documented examples of media bias or censorship. And please send copies of your email correspondence with media outlets, including any responses, to [email protected] .

You can subscribe to FAIR-L at our web site: http://www.fair.org . Our subscriber list is kept confidential.
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E-mail: [email protected]

======================================================

BUSH VOWS TO STUDY QUANTUM PHYSICS AT CALTECH
JOHN KERRY WILL MODEL FOR VOGUE

I know you all skip the appeal for funding, so I thought I'd try to get your attention ;') absurd ;')

PLEASE PITCH IN

Please support our cause if you feel this is important work that should be expanded. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment of $15/yr to:

James Mooney
PMB # 106
4495-304 Roosevelt Blvda
Jacksonville, FL 32210-3381

OR Pay Via Paypal at: https://[email protected]

Expert disability consulting for attorneys and individuals
http://www.disabilityconsulting.net

FOR UNUM'S CLAIMS MANUALS AND OTHER DOCS - Email [email protected]

THE UNFINISHED TASK
"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906


----------------------------------------------------------------------

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0

#54 User is offline   jocko 

  • Advanced Member
  • PipPipPip
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  • Posts: 988
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Posted 19 October 2004 - 09:43 PM

CONGRATULATIONS CORPORATE CRIMEFIGHTERS!!!!!!!!!!!!
STILL GOOGLING UNUM

Put Unum Provident into the web's top search engine and Unum Provident Crimes, linking to our site, still comes up on the very first page, two steps below their corporate site. So basically, you can't look for Unum Provident on the web without hearing about Unum Provident crimes. Gee, this makes me feel so Responsible. I really have to get time and funding to do a top job of renovating the site. I'm almost a corporate presence.

By the way, although we are two steps below the top ranking for the corporate site, if someone puts in Unum Provident, followed by most any derogatory term, we come out above them ;') With Unum Provident Cheats, for instance, we have three of the four top spots on Google. The other spot is a lawyer's site, but they probably pay for ranking, although they are still below us. Beats me why some lawyers don't buy advertising on the site since we are obviously the top ranked site out there. I guess they don't like the format - maybe if I clean it up I could actually support this crazy operation with some advertising. I've never done advertising, though, because I worry about my credibility. The site may look like hell, but I feel it's Very credible. Despite the claims of insurers, and unlike half
what you read in the papers and everything politicians say, I don't make Anything up. Heck, it's more fun to find bad things about Unum. Frankly, they do stuff so rotten I couldn't dream it up so I don't need to - truth is uglier than fiction.

Unfortunately, I forgot to put "sucks" on the site, so I'm missing the Unum Sucks crowd. I'll have to rectify that.
0

#55 Guest_IDB_*

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Posted 26 November 2004 - 09:28 PM

Read HTML version online: http://archives.zine...5758/30901.html



CORPORATE CRIMEFIGHTERS OF AMERICA -- NOV 19, 2004

======================================================

MY CYNICISM WAS JUSTIFIED

The multistate task force report is out, but It's a wrist slap. They don't even accuse Unum of wrongdoing, allowing a settlement agreement, as if a corporation is going to pay millions when they Aren't guilty. And the settlement is cut off for any claims prior to the year 2000, so the biggest cheats, which are now about seven years old and reaching final arbitration or the last appeal, are thus eliminated.

Unum began cheating bigtime on the own-insured policies about nine years ago, and dropped or amended those type of policies later, so most of the really big cheats aren't covered. Still, for those of you with cases after 2000, it is time for you or your lawyer to push, since they had to set aside money to revisit cases and the squeaky wheel, etc. And maybe those of you with cases prior, if you make enough noise, might get squeaky wheel treatment, too.

Also, most reports tend to have more damaging info inside them than the "conclusion," which is often politically motivated. In this case, no doubt, the conclusion was whitened by Commissioner Iuppa of Maine, a totally corrupt tool of Unum who was unfortunately one of the lead "investigators." May he rot in hell.

Below is a summary, but I also have the report online at the link below. Please don't download it unless you need to see it, or you'll overload my server and I'll be paying more money. Better yet, just wait a few days if it's not critical, so we spread the downloads over time. It's a 51 meg PDF file so it will take a few minutes to download. If you have the Adobe browser plugin it will try to load in your browser instead of doing a simple download so you have to wait for it while looking at a blank browser. I've always found this "feature" annoying so I turned it off, but I forget how so I'll have to tell you later ;')

Here is the URL for the Multistate Task Force Report:
http://www.micethatr...ryAgreement.pdf

If any of you find damaging info that I overlook as I peruse the report, please write me so I can include it in the next newsletter. Now I have to read a huge PDF and my eyes are going from being at this computer too long already - sigh.

I'll also stick the report on the Unum CD for those of you who don't want in interminable download. Here is a precis of the report, but as I said, there may be detail buried in it that is a bit more salacious than this mild wrist slap. Since this precis is from Unum, don't puke at the attempt to make everything look peachy keen. You'll want to download the actual report to get past the spinmeistering and bald lies.

NOTE: If my download overloads, the report should also be available on their website per the link at the end of this precis, but if you don't want to get your computer dirty or have trouble finding it, I've provided a link on mine, above ;')

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UnumProvident Announces Settlement of Multistate Market Conduct Examination
Thursday November 18, 4:00 pm ET

CHATTANOOGA, Tenn., Nov. 18 /PRNewswire-FirstCall/ -- UnumProvident Corporation (NYSE: UNM - News) today announced that certain of its insurance subsidiaries had entered into settlement agreements with state insurance regulators upon conclusion of a multistate market conduct examination led by Maine, Massachusetts and Tennessee relating to disability claims handling practices. In addition, the U.S. Department of Labor, which has been conducting an inquiry relating to certain ERISA plans, has joined the settlement agreements, and the New York Attorney General's Office, which had engaged in its own investigation of the Company's claims handling practices, has notified the Company that it is in support of the settlement and is, therefore, closing its investigation on this issue. The insurance
authorities of the 47 remaining states and two other jurisdictions also participated in the examination. The agreements are conditioned upon obtaining the consent of two-thirds of these 47 states and two jurisdictions.

The examination report did not make any findings of violations of law or market conduct regulations. However, the exam report did identify areas of concern. These became the focus of specific changes and enhancements to the Company's disability claims handling operations which were designed to assure each claim decision is made in a consistently high quality manner.

The primary components of the settlement agreement include: enhancements to the Company's claims handling procedures; a reassessment of certain previously denied or closed claims; additional corporate and board governance to support the oversight of the reassessment process and general claims handling practices; and payment of a fine in the amount of $15 million to be allocated among the states and jurisdictions that join the agreement.

UnumProvident anticipates recording a loss of $127 million, before tax, or $88 million, after tax, which is $0.29 per diluted common share, upon obtaining consent of two-thirds of the 47 other states and two jurisdictions, or such lesser number of consents as the Company may choose to accept for the agreements to be binding. The Company expects to receive the required number of consents during the fourth quarter 2004. The loss is comprised of four elements: $27 million of incremental direct operating expenses to conduct the two-year reassessment process; $44 million for benefit costs and reserves from claims reopened from the reassessment; $41 million for additional benefit costs and reserves for claims already incurred and currently in inventory that are anticipated as a result of the claim
process changes being implemented; and the $15 million fine. The ongoing costs of changes in the claims handling process and governance improvements will be included in the Company's operating expenses as incurred going forward. These ongoing costs are not anticipated to materially affect the Company's results of operations.

"UnumProvident is committed to handling customers' claims in a fair, thorough and objective manner," said Thomas R. Watjen, UnumProvident president and chief executive officer. "We have committed significant resources over a number of years to build a sound claim process. At the same time, we have always been willing to make changes as needed. We have learned from this process, especially the regulators' view of this important activity at our Company, and I am confident the steps we are taking in response to this review will improve the consistency and quality of our claims decisions, improving further the quality of service we provide our customers, and help establish best practices throughout the industry. I am very pleased with the efforts of those leading the multistate examination process,
that the U.S. Department of Labor has joined the settlement agreement and that the Office of the Attorney General of New York is supporting the settlement agreement and closing its investigation on this matter. Although the number of parties obviously led to complicated negotiations, by successfully concluding this settlement we will have put a number of related matters behind us. I am very confident that through the actions we are taking internally we will meet the requirements contained in these settlement agreements."

The insurance commissioners of Maine, Massachusetts and Tennessee, the states in which the Company's three principal insurance subsidiaries are domiciled, began the multistate targeted market conduct examination in September 2003 and, as the lead state regulators, directed the course of the exam. The Company also has an insurance subsidiary domiciled in New York, but New York had been proceeding separately with its market conduct exam prior to commencement of the multistate exam. It became a participating state and also entered into a substantially identical settlement agreement covering the subsidiary domiciled in New York. The insurance departments of 46 other states, the District of Columbia and American Samoa have since joined as participants in the exam. The purpose of the exam was to
determine whether the long-term disability claims handling practices of the Company's insurance subsidiaries reflected unfair claim settlement practices. Examiners working under the direction of the three lead state regulators reviewed policy forms, manuals and administration and organization charts, but primarily focused on reviewing individual or group long-term claim files closed, appealed or open during two time periods from 2002 to early 2004. The claim file review led to discussions with the Company that resulted in the settlement agreement.

A principal feature of the settlement is a reassessment process. Under the agreement, UnumProvident is offering to reassess any individual or group long-term disability claim that was denied or closed since January 1, 2000, except for specific categories of closures such as settlement, death or payment of maximum benefits. The potential pool of claims decided over the nearly five year period that may be eligible for reassessment if the claimant elects to participate is approximately 215,000 claims. However, almost half of these claims are subject to a preliminary determination as to whether the claimant seeking reassessment "returned to work" under the policy, in which case the claim is not eligible for further reassessment. Once the agreement is effective, the Company will begin notifying
these claimants over a several week period that they may elect to have their prior claim decision reassessed by a special reassessment unit of experienced claims professionals applying the enhanced claim procedures outlined in the settlement agreement. The special unit is headed by an officer of the Company with over 28 years experience in claims handling. The Company will also accept requests for reassessment from other individuals whose claims were closed after January 1, 1997, and through December 31, 1999, subject to the same closure exceptions as the group receiving notice, and from claimants who dispute the category for closure if it affects their eligibility for reassessment. There will be ongoing oversight by the Company and lead state regulators of the reassessment process. The DOL
may also participate in this monitoring of the reassessment process.

UnumProvident has also agreed to enhance certain aspects of its claim operations, including making changes to its organization and procedures to improve the consistency of and the support for each claim decision and create an easier process for claimants. First, UnumProvident is increasing the number of experienced claims professionals involved in making claims decisions, as well as more heavily involving higher levels of management in the signing off on adverse claim decisions. Doing so will not only put more experienced people into closer contact with claim decisions, but it should also improve turnaround times and clarify accountability for claims decisions. Second, to improve the support for the initial claim decisions, the Company is modifying its policies regarding medical information,
including guidelines for the use of independent medical evaluations and the process for handling claimants with multiple medical conditions. Third, to make it easier for a claimant to understand and proceed through the claim process, the Company is adding a number of service components, including referring certain claims to a field case manager who will meet with the claimant in an effort to make the process less burdensome. Also, there will be an additional telephone hotline available to claimants who seek additional assistance. Finally, to further assure consistency in the initial claim decision, the Company is adding a position of quality compliance consultant to assess the totality of the claim decision and to focus on issues of compliance and documentation.

The final principal part of the settlement agreement addresses aspects of corporate governance which are intended to reflect today's greater emphasis in this area and to help establish best practices for the industry. A regulatory compliance unit is being created to monitor the reassessment process, compliance with market conduct regulations and ERISA requirements, as well as general claims handling compliance. This unit will be headed by the Company's chief ethics officer and will report directly to a newly formed regulatory compliance committee of the board of directors. This committee will be responsible for monitoring compliance with the settlement agreement as well as with a broader range of regulatory and compliance laws and regulations. The committee will be composed of five independent
directors, including two directors with significant insurance industry or insurance regulatory experience and subject to the approval of the lead state regulators. Additionally, the board of directors intends to add an additional director with significant insurance or regulatory experience by June 30, 2005. As previously announced, three independent directors with senior management experience in the insurance or financial services industries were elected at the company's August 2004 board meeting.

Separate settlement agreements have been approved and executed by the respective insurance subsidiaries of UnumProvident, the lead state regulators for the Maine, Massachusetts and Tennessee insurance subsidiaries, the Superintendent of Insurance of New York for the company's insurance subsidiary domiciled in New York, and the U.S. Department of Labor. In addition to these parties who have executed settlement agreements, the effectiveness of the agreements is conditioned upon the consent of at least two-thirds of the "participating states," which does not include the three lead states, but includes the 47 other states and two other jurisdictions, so that two-thirds would be 33 of the participants, unless the company approves a lesser number. The agreements are being circulated to the participating
states, which have until December 20, 2004, to sign the documents in order to consent. Once the settlement agreements are effective, they will remain in place until the later of January 1, 2007 or the completion of an examination of claim handling practices and an examination of the reassessment process, both of which will be conducted by the lead state regulators. In addition to the fine of $15 million to be paid when the settlement agreements become effective, the insurance subsidiaries that are parties to the settlement agreements are subject as a group to potential fines for non-compliance with the settlement agreements, including contingent fines of $100,000 per day if certain implementation deadlines are not met and a contingent fine of $145 million for failure to satisfactorily meet the
performance standards in the settlement agreements relating to the examinations referred to above, which will be conducted in approximately two years. This latter contingent fine relating to examination of the claims handling practices or the reassessment process is limited to a maximum of $145 million for both examinations should the performance standards not be met. The performance standard is based on compliance with a maximum tolerance standard for claims procedures based on review of a statistically credible random sample of individual or group claims. The company believes that the changes it has made and will be making to its claims operations and to enhance its oversight functions will substantially reduce the likelihood that the company would fail to meet the performance standards in
the agreement when these examinations are concluded.

"I am confident that the plans and people are in place to meet the requirements of these agreements," Mr. Watjen stated. "In addition to the changes occurring in our benefits area, we will also have a special internal claim audit team dedicated to reviewing the matters required by the settlement agreements, including claim decisions in the reassessment process as well as those made in the normal claims operations. We will be reviewing the results of this audit team's work on a regular basis. The multistate exam team will also be reviewing claim decisions and compliance with procedures contained in the agreements. We expect to have frequent discussions with this multistate exam team to jointly review our progress. We believe these activities over a period of almost two years prior to these examinations
will minimize the potential for any failure of the Company to meet the requirements of the agreements when the exams are undertaken."

Arizona, California, Minnesota and New Mexico are participating in the multistate examination; however, while the multistate examination was in progress these states chose to continue pursuing their own market conduct examinations and investigations, each of which had begun prior to the beginning of the multistate exam. The Company has reached agreement with the Minnesota Department of Commerce covering three exam periods dating from 1995 and involving three of the Company's insurance subsidiaries, which have agreed to pay a penalty totaling $250,000 relating to various matters outside the general scope of the multistate examination. California has conducted an examination with two phases and an investigation relating to claims handling. Discussions with the California Department of Insurance
have been ongoing relating to various issues, some of which are within the general scope of the multistate examination and others that are outside its scope and relate to such matters as policy provisions. It is uncertain as to whether California, Arizona or New Mexico will consent to the multistate settlement agreements, pursue their own examinations to conclusion or a combination of joining the multistate settlement agreements and resolving certain state specific issues separately.

Through a significant investment of resources, UnumProvident has developed the industry's largest disability claims and return-to-work organization, managing approximately 450,000 new short term and long term disability claims annually. In 2003, UnumProvident paid $4.1 billion in disability benefits, more than double any other insurance provider. To meet future policyholder obligations, the company maintains a sound balance sheet, including $16 billion in statutory disability reserves.

UnumProvident Corporation senior management will host a conference call on Friday, November 19, at 9:00 a.m. (Eastern) to discuss the multistate market conduct examination and settlement agreements and may include forward-looking information as well as other material information. The dial-in number is (913) 981-5591. Alternatively, a live webcast of the call will be available at http://www.unumprovident.com in a listen-only mode. About fifteen minutes prior to the start of the call, you should access the "Investor and Shareholder Information" section of our website. A replay of the call will be available by telephone (888) 203-1112 and on our website through Wednesday, November 24.

For full examination report and regulatory settlement agreement, please visit http://www.unumprovi....com/commitment

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A NOTE ON CHANGING YOUR EMAIL ADDRESS

If you're changing your email address, you need to go to the front page of the www.corporatecrimefighters.com site, click on the Subscribe Line, and register any new email addys. To stop people from being spam-subscribed, they don't allow me easy control over subscribers. I can do it, but it's a real hassle, requiring me to go through a bunch of screens and do confirmations for each changed address. I'll change addys at request, but I might not get around to it immediately, and in a worst case I get so much email I might forget. But I'll try not to. Call me Mr. Conscientious ;')

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ON THE OTHER HAND, DESPITE THE WHITEWASH

Criminal Unum has possible trouble on other fronts.

>From BusinessWeek. com Nov 18 2004

Focus on the parts in Between ************ asterisks. This stuff will be worth a special edition of your newsletter because the story hints at an untruthful Unum regulatory filing. That could be the precursor to a criminal charge, if Unum had to swear to the accuracy of its filing. A criminal indictment would be crippling, at least in the short term as virtually no company could risk being seen doing business with a potential felon. If Unum ever does get indicted criminally, the trap door will open and Unum will be hard pressed to survive. If it gets convicted, it might lose it's license to sell insurance, at least in one or more states.

NEWS ANALYSIS
By Brian Grow and Diane Brady

Spitzer's Latest Target

New York's Attorney General now has employee-benefits insurers in his sights. A federal probe could be next

The tangled web of insurers and the brokers who deliver them billions in premiums from Corporate America is being deciphered faster and faster. Witness this: When Ashland (ASH ), a 22,000-employee heavy-industrial company headquartered in Covington, Ky., hired insurance broker Universal Life Resources (ULR) to solicit bids for life, accident, and travel insurance two years ago, it agreed to pay the firm a flat $47,000 consulting fee. In exchange, ULR agreed to forgo lucrative extra compensation -- known as "override payments" -- often doled out by insurers when they land new business. But when Prudential Insurance won the contract that year, it allegedly paid $66,478 in such fees to ULR, then lied about it when quizzed by an Ashland executive in September.

The alleged collusion between ULR and three of the nation's biggest life, accident, and disability insurers didn't stop there, according to a complaint filed against San Diego-based ULR by New York State Attorney General Eliot Spitzer on Nov. 11. MetLife (MET ), the nation's largest life insurer, allegedly agreed to hike ULR's special commissions by 50% if MetLife won one out of every three bids the insurer entered with the broker.

*********************************************
OTHERS ON HOT SEAT. UnumProvident (UNM ), the biggest disability insurer in the country, allegedly hid commissions from federal disclosure forms at ULR's behest and created sham bids to block competing offers. Their tangos allegedly even extended to allowing ULR Chief Executive Douglas P. Cox to approve at least two communiques from Prudential to clients that shaded the truth about fees charged to their employees, according to the lawsuit.
*********************************************

"The Spitzer investigation... has now firmly hit the life-insurance companies," says Nigel Dally, insurance analyst at Morgan Stanley (MWD ) in New York. All three insurers declined to comment on details of the complaint. An attorney for ULR, Robert J. Cleary, says the firm disagrees with a number of its conclusions, and plans to discuss them with Attorney General Spitzer soon.

Fresh off his takedown last month of commercial-insurance broker Marsh & McLennan (MMC ), Spitzer now has a new set of underwriters in his sights: employee-benefits insurers. An official in the New York Attorney General's office indicates that charges could land in a courthouse in the near future against Prudential, MetLife, and UnumProvident.

The fallout: Analysts expect those charges to unleash a slew of class actions and, potentially, to wipe out the cozy special commissions paid by big benefits insurers to their preferred agents. It's the latest salvo in Spitzer's assault on an insurance industry he sees as rife with conflicts of interest.

WASHINGTON, TOO? "We found that favoritism, secrecy, and conflicts rule this market, and not open competition," said Spitzer in testimony about the insurance industry before the U.S. Senate Committee on Government Affairs on Nov. 16.

*********************************************
Spitzer's hunt for malfeasance could soon spiral into a federal investigation by the Labor Dept. That's because the ULR indictment offers hints of how the feds, too, have been hoodwinked: Until 2004, ULR had a written agreement with UnumProvident that the broker's override compensation "[would] not be represented on [Schedule A] reports," according to the lawsuit. Hiding those commissions would violate the federal Employee Retirement Income Security Act (ERISA), which requires disclosure of payments to brokers.
*********************************************

On Nov. 11, the Labor Dept. told BusinessWeek Online that it is investigating whether insurers are paying improper fees to brokers and how those fees are being disclosed to the federal government. It's the incestuous relationship between big underwriters and their preferred brokers that troubles some benefits advisers. "The insurers want to maintain an unlevel playing field where big brokers get additional commissions," says William Lindsay, principal at Benefits Management & Design, an employee-benefits consulting group in Denver. "The quid pro quo is the broker provides the insurance company with a large block of business."

So far, the three benefits insurers aren't backing off their broker compensation deals. MetLife says it's conducting an internal review of its commissions practices and has fully disclosed the special fees that it pays brokers. UnumProvident is also parsing its commission payments and will not enter any new compensation agreements until that review it complete, according to CEO Thomas Watjen. Prudential declined to comment.

"CRIMINAL FAVORITISM." And some of the insurers could slip through with a slap on the wrist, say analysts. One reason: ULR only took in $11.3 million in override commissions in 2003, vs. $845 million for industry behemoth Marsh. For now, MetLife -- which has received four subpoenas from Spitzer -- faces only one allegation in the ULR lawsuit of pumping up ULR's commissions if it won more business, and this has helped to keep its stock price near a 52-week high.

*********************************************

Prudential will have a tougher time explaining the allegedly false commissions data in its Ashland bid, say Morgan Stanley's Dally. Meanwhile, UnumProvident, already hobbled by hundreds of class actions claiming improper denials of disability claims, could face more serious charges of conspiring with ULR to rig a bid to block Aetna (AET ) from a deal, say analysts. All three companies say that they are cooperating fully with the New York Attorney General's investigation.

*********************************************

Still, the intensifying spotlight has benefits insurers hunkering down. With a growing battalion of state and federal regulators accusing them of "criminal favoritism," in Spitzer's words, the benefits bestowed by brokers such as ULR could possibly soon become bookings in the court docket instead of on the balance sheet.


Grow is a correspondent in BusinessWeek's Atlanta bureau and Brady is an associate editor in New York

Webmaster's comments: A lot of corrupt politicians are mouthing words that Spitzer is exceeding his authority or making law, etc. I don't think he has Enough authority over corrupt insurers. What the crooked pols really mean is their bribing masters in the insurance industry don't like being caught as crooks. So if your local pol is making noises like this, he's a bribed scum. Don't vote him or her and work against their re-election. And be sure to send them a nasty letter. Feel free to quote "bribed scum" and "insurance industry bendover boy" to them ;')

Well, I had more on Spitzer, my latest hero, but this is already too big. And alas, Spitzer signed off on the Unum settlement. He's too busy with bid rigging so I hope he revisits Unum at some point. As usual the NY Insurance Commissioner is worthless, as are most of them.

======================================================

WHERE'S THE MEAT?

Please support our cause if you feel this is important work. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment to:

James Mooney
PMB # 106
4495-304 Roosevelt Blvd
Jacksonville, FL 32210-3381

OR Via Paypal at: https://[email protected]

Jim Mooney, webmaster:
www.micethatroar.com
www.corporatecrimefighters.com

UNUM'S SECRET "DESTROYED" CLAIMS MANUALS NOW AVAILABLE - Email [email protected] for details.

THE UNFINISHED TASK

"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906


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#56 Guest_IDB_*

  • Group: Guests

Posted 26 November 2004 - 09:29 PM

Read HTML version online: http://archives.zine...5758/30923.html


CORRECTION AND AN ADDED COMMENT

Just a quick update on the task force report. I may have been confusing in the time frame that people need to be in to ask for a review of their case, according to the task force report. A reader sent a short but encouraging note. I haven't actually had time to read the thing yet so you're probably better off reading it yourself via the link I gave, until I have time to peruse it ;')

And to remind you, the report is uploaded at
http://www.micethatr...ryAgreement.pdf

==========================

When you read the short summary of the report (short -20 pages) they state that they did not continue further for findings of fact because the need for corrective action was so immediate. Also, people in the 1997-2000 class have the right to request another review. I don't know how strong the right is, but the state regulators are in their pants for the next several years. If Unum exceeds a certain rate of biased claims (they don't call it that but it looks like it) they can hit Unum with a fine of $100,000 a day until it is corrected. Sitting behind that is a potential $145 million fine. I haven't gotten thru the details of how all this is implemented, but you have to presume that Unum will have to seriously err on the side of the claimant for the next few years as paying some extra claims
has to be cheaper than those various fines. Moreover, if those fines are assessed, Unum's credit rating goes below junk, no company can justify buying a policy from them and anybody with a lawsuit pending can incorporate the regulator's finding of pervasive bad faith and a refusal to correct it during their trial. Unum doesn't want that in front of a jury.

This is progress. It is not an out and out victory, but we both know that was not feasible. But for a company to agree to these terms, they must be on the ropes. I'm not sure how much it will help schleps like myself who are already deep in the hole because of these fuckers, but it portends better things for those who come after us.

Samael Anonymous


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#57 Guest_IDB_*

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Posted 26 November 2004 - 09:29 PM

Read HTML version online: http://archives.zine...5758/30924.html


CAN'T SEEM TO STOP UPDATING TODAY

Here is the full set of Multistate Task force reports, broken down by state, with exhibits and a better index.

http://www.state.tn....unum/index.html
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#58 Guest_IDB_*

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Posted 26 November 2004 - 09:31 PM

Read HTML version online: http://archives.zine...5758/31003.html



CORPORATE CRIMEFIGHTERS OF AMERICA -- DATE, 2004

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BE FIRST IN LINE

Lots of newsletters in the last two days, but having started to go over the task force report, I felt it was important to alert people who qualify to get their appeal in soonest. The "setaside" money for settling appeals simply isn't enough to cover outstanding cases by a long shot, so those who are last in line may find themselves out of luck. I have uploaded one large document but for those having trouble downloading, the state of TN has broken it up into pieces, so it will be easier for you to just download the appeal form and other sections a piece at a time.

Also, smaller documents won't overload those without a lot of computer memory, not to mention not overloading my server. Here is the TN website page with those documents: http://www.state.tn....unum/index.html

It may be easier to peruse them separately rather than the one huge document I uploaded.

On the other hand, downloading my document will be easier if you want to print the whole thing rather than trying to go blind reading it. Again you need the free Acrobat 6 reader from adobe.com to read it.

The estimate below, of Unum's "compliance" with the Task Force demands, by a Unum insider, seems accurate. I looked at the appeal form. It's 9 pages long and confusing. First, a lot of people won't know about the appeal. since there is no requirement to notify them, which kind of stinks. Some will just find out about it by luck. Others will be daunted by the long and confusing form.

If anything is filled out wrong, it may be denied or sent back multiple times, further discouraging people - I saw Prudential do all this during their "churning" settlement. And as mentioned, the amount set aside simply won't cover their wrongs. This might be balanced by the lack of notification and the complex form killing many appeals, but still, it is incumbent on everyone to get first in line.

To reiterate, the appeal period is for claims from Jan 1, 1997 to Jan 1, 2000. I know this is unfair to those outside this period since Unum has been cheating for a dozen years or more, but that's the way it is.

However, Unum also has to make a number of changes in claims processes, corporate governance and hire oversight ombudsmen, so it could be that while these changes are fresh, and haven't been watered down, or the new people haven't been "put wise," you may have more chance to get something from them even if you lie outside the appeal dates.

And of course, the document itself may be useful for quoting in court if you have an ongoing case.

Those of you who qualify are lucky you're getting this newsletter so be First in Line before the funds are exhausted. Others may not even hear about this, alas, although I'm going to publicize the site a bit more, since I just got some software to do that. Even if you don't qualify, given that Unum is in the hotseat and regulators are scrutinizing their claims processes, this is the time to make a stink with your DOI, or file an appeal in court, adding these new documents, or otherwise give them trouble.

I'd also like to convert the PDF to Word so I don't overload the server, and because some people can't download it or open an Acrobat 6 file. The only thing I'll keep in Acrobat format is the appeal form, since people should print it out exactly,unless it converts via OCR exactly. Unfortunately, my OCR won't handle an Acro 6 graphic file of that size. It just keeps dying. I need more recent software that will read a PDF file and convert it to Word, which I can then compress with pkzip.

Therefore, those of you who have thought of making contributions for software purchase, etc, should do so now, so I can try to get this up.

The notes below are somewhat cynical, as befits what we know of Unum, but on the other hand, they did have to set aside millions for compliance and Someone will get that money. Probably those in the know who apply first and get it right, without too much foofaraw. Frankly, the appeal form is purposely complex. All they really need is your policy number and the reason for appeal, since they've already gotten about seven years of records of every type from claimants.

==================================

A DUBIOUS COMPLIANCE from Sandy Anonymous

I've read the settlement issues and what UNUMProvident intends to do to "fix" their claims systems under the terms of the settlement.

I can tell you Provident's solution to poor claims practices has always been to throw more micromanagement from the top and consultants at the problem. My opinion is that UNUMProvident won't be able to pull off the "fix." Provident's way is to prefer "process" over quality. From what I've read of the "fix" that's exactly what they are going to do again. It will only make matters worse. The whistleblowers have been trying to tell prosecutors etc. what's wrong for two years now, but they just don't get it. This settlement decision gives UNUM an open license to continue to abuse customers through their claims decisions.

Any regulatory agency who is allowing Provident to "fix" the problem with more consultants obviously doesn't know what was wrong in the first place. In addition, I'd like to know the name of the person with 28 years claims experience who is going to head up this whole mess. So far, no one's talking. UNUMProvident has little claims experience available since they fired most of their people 40 years and older. These "consultant's" are not necessarily qualified since they were most likely promoted to the position because they threatened to quit. Should the robber really be able to examine the crime scene? UNUM will really have to book to make this settlement appear credible. It's a long shot, but if I had to send my employees home to work because I couldn't afford the space, I'd agree to almost
anything.

This settlement will not fix the claims process. There will be consultants falling all over each other trying to micromanage UNUMProvident's claim process. UNUM cannot handle the claim volume they currently have. I have it on good authority that UNUM has sent many workers in Portland, Maine home to work to avoid the costs of office space. This is a monumental change in philosophy for UNUM since it prided itself on micromanaging the process and employees. I think they're in trouble. Every time something happens, UNUMProvident always wants to throw more consultants at the problem. This time it may not work.

I'd like to be able to say UNUM will objectively re-review the claims it formerly denied, but it is extremely doubtful they will do so. The process is out of control, too chaotic. It won't work. So, everyone needs to relax, sit back and watch the folly begin. It ain't over till' it's over.

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One thing leapt to my mind immediately, reinforced by this letter below that was sent to me by another claimant. What about notification? If the victims are not notified of this opportunity for appeal, many won't even know about it. The setaside doesn't look like much compared to what they stole. And of course, it won't help the hundreds of people who have committed suicide after having to deal with Unum.
Jim Mooney [email protected]

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SOME GOOD MATH ON SETTLEMENT "COMPLIANCE" by Bill Anonymous

The foregone conclusion is that it would be a whitewash. They did not want to put them out of business.

First, it does include claimants before 2000. However,the agreement states that they do not have to be notified. thus, they have to know about it. They may then apply to be included and be reviewed. The review for them is no different.

More importantly. They admit to having to review 216000 potential claims. However, they set aside a total of 80 million dollars in reserve charges as their projection of claims that will be reinstated. Do the math. Or think of it this way. They targeted high monthly claimants. Eventually they clearly expanded to more. But claimants like Ceimo, or Hangartner would have had a reserve of a million dollars on their cases alone. Thus their expectation is that only 80 high end cases would be reinstated. With over two hundred thousand cases that is hard to believe.

Additionally.Think about what got them into this to begin with. They could not afford to pay the claims on the business that they sold too cheaply. Well, if they could not afford this in 1997 when interest rates were higher, they certainly can not afford it now.

Further. There appears to be no provision for interest owed to claimants. Could this be they have no intention of really paying thus interest was not a consideration. Or, do they expect everyone to have contributed with an interest free loan.

Once a claims culture has been inculcated into an organization, it is there forever unless you bring in new people. So, how fair will it be to have their more senior people review the claims. They inherently believe that everyone is a malingerer and a cheat. Projection at it's best.

They are supposed to give weight to the Social Security decision. Then they have clauses that double talk that and give them an out.

This agreement ends up pitting the claimants against their own lawyers. Your lawyer has no claim against them for fees. The lawyer does have a claim against the claimant for fees. The agreement says that they will try to reach an agreement for reasonable fees. Well, this will result in more litigation. YOu will need to sue to try and get the fees your attorney demands for work done.

So. No interest. No non economic damages. (no bad faith or punitives for putting you through hell). A review by senior people who are experienced in terminations. And if you happen to get reinstated. then another lawsuit most likely for your attorney fees.

This is their cheap way out.

Spitzer abandoned the consumer. His only defense for that is that he may have realized that an honest settlement puts them out of business and that is worse for the consumer.

My advise. ERISA claimants should probably take advantage of the offer. Since you are not entitled to non economic damages anyway. Consu;t your attorney.

IDI should consult with their attorneys and think it through. Probably a bad deal.

********************************************


That's all folks - think about sending in your subscriptions or contributions so I can get the software to OCR this monster.

//////////////////////////////////////////////////////////////////////

HELP OUT, PITCH IN, STEP UP, DO THE RIGHT THING ;')

Please support our cause if you feel this is important work. It is not easy to expose a multibillion dollar industry or help its victims with little resources. Send donations or subscription payment to:

James Mooney
PMB # 106
4495-304 Roosevelt Blvd
Jacksonville, FL 32210-3381

OR Via Paypal at: https://[email protected]

Jim Mooney, webmaster:
www.micethatroar.com
www.corporatecrimefighters.com

UNUM'S SECRET "DESTROYED" CLAIMS MANUALS NOW AVAILABLE - Email [email protected] for details.

THE UNFINISHED TASK

"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906


----------------------------------------------------------------------
0

#59 Guest_IDB_*

  • Group: Guests

Posted 26 November 2004 - 09:32 PM

Read HTML version online: http://archives.zine...5758/31140.html


I was talking with Dr. Judy and she made a good point. Sixty percent of the states must agree to this settlement and you may not. For one thing, you may fall outside the rather limited time span of 1997 to 2000. Their greatest crimes were committed before then.

Also, the amount set aside is totally insufficient. The high end cases alone would eat it up, not to mention tens of thousands of others. And if you've been forced onto Medicaid, thanks to Unum, you may have to pay much or all of what you get back, since the setaside will be divided among a lot of high income individuals. They cheated the most on the own-insured professional policies for doctors, business owners and such.

Therefore, you might object to the settlement, although you should read it at one of the links I gave. As a convenience I am posting the contact addresses of all the state insurance commissioners. If you object to the settlement you should not only write your own, but all of them.

A number of people have told me they have trouble opening the PDF "Unum task force" document on my site. There are two possible problems. One is that it is too big, so you may want to go the state of TN link since they have it cut up into sections. http://www.state.tn....unum/index.html

My larger document is easier for printing purposes.

The other possible problem is that you don't have the latest Acrobat reader. This pdf doc is Acrobat version 6 and many people don't have that. Go to www.adobe.com and download it. It's free.

If you still can't read it, I'm sorry, but I don't have the OCR software to scan it at this time. My old software turned out to be incompatible with Win XP. I'll wait for a donation or a rich relative to pass on, and scan and post them when I can buy an OCR that reads large PDFs ;') Not all of them do and the ones that do tend to be pricey. And I have no other use for an OCR than the Unum effort, which is only breaking even at best, if I'm very careful.

Here are all the insurance commissioners. If I was posting only the effective or honest ones, this list would be a Lot shorter ;')

////////////////////////////////////////////////


AK Linda Hall
Director
(Western Zone)
Please use Anchorage as primary mailing address
Alaska Division of Insurance
550 West 7th Avenue, Suite 1560
Anchorage, Alaska 99501-3567
907-269-7900
Fax 907-269-7910

Toll Free In-State Only:
800-467-8725

AK Dept. of Community & Economic Dev.
PO Box 110805
Juneau, Alaska 99811-0805
907-465-2515
Fax 907-465-3422

AL Walter Bell
Commissioner
(Southeastern Zone)
Alabama Department of Insurance
201 Monroe Street, Suite 1700
Montgomery, Alabama 36104 334-269-3550
Fax 334-241-4192

Toll Free In-State Only:
800-433-3966

AR Mike Pickens
Commissioner
NAIC Immediate Past President
(Southeastern Zone)
Arkansas Department of Insurance
1200 West 3rd Street
Little Rock, Arkansas 72201-1904
501-371-2600
Fax 501-371-2629

Consumers:
800-852-5494
Seniors Only:
800-224-6330
Toll Free:
800-282-9134

AS Elisara T. Togiai
Insurance Commissioner
(Western Zone)
Office of the Governor
American Samoa Government
Pago Pago, American Samoa 96799
684-633-4116
Fax 684-633-2269

AZ Christina Urias
Director
(Western Zone)
Arizona Department of Insurance
2910 North 44th Street, Suite 210
Phoenix, Arizona 85018-7256
602-912-8400
Fax 602-912-8452
CA John Garamendi
Commissioner
(Western Zone) California Department of Insurance
300 Capitol Mall, Suite 1700
Sacramento, California 95814
916-492-3500
Fax 916-445-5280

Toll Free In-State Only:
800-927-4357

CA State of California
45 Fremont Street, 23rd Floor
San Francisco, California 94105
415-538-4010
Fax 415-904-5889
CA 300 South Spring Street
Los Angeles, California 90013
213-346-6400
Fax 213-897-6771
CO Doug Dean
Commissioner
(Western Zone) Colorado Division of Insurance
1560 Broadway, Suite 850
Denver, Colorado 80202
303-894-7499
Fax 303-894-7455

Toll Free In-State Only:
800-930-3745
Producer Licensing:
800-275-8247

CT Susan F. Cogswell
Commissioner
(Chair, Northeastern Zone)
Connecticut Department of Insurance
PO Box 816
Hartford, Connecticut 06142-0816

Federal Express Packages:
153 Market Street, 7th Floor
Hartford, Connecticut 06103
860-297-3800
Fax 860-566-7410

Toll Free In-State Only:
800-203-3447
DC Larry Mirel
Commissioner
(Northeastern Zone) Dept. of Insurance & Securities Reg.
Government of the District of Columbia
810 First Street, N. E., Suite 701
Washington, DC 20002
202-727-8000
Fax 202-535-1196
DE Donna Lee Williams
Commissioner
(Northeastern Zone) Delaware Department of Insurance
Rodney Building
841 Silver Lake Boulevard
Dover, Delaware 19904
302-739-4251
Fax 302-739-5280

Toll Free In-State Only:
800-282-8611

FL Tom Gallagher
Chief Financial Officer
(Southeastern Zone)
Florida Department of Financial Services
State Capitol
Plaza Level Eleven
Tallahassee, Florida 32399-0300

Mailing Address:
The Larson Building
200 E. Gaines Street
Tallahassee, Florida 32399-0301
850-413-2806
Fax 850-413-2950

Toll Free: Consumer Helpline 800-342-2762

FL Kevin McCarty
Commissioner of Insurance Regulation
(Chair, Southeastern Zone)
Office of Insurance Regulation
The Larson Building
200 E. Gaines Street, Room 101
Tallahassee, Florida 32399-0301
850-413-5914
Fax 850-413-2950
GA John Oxendine
Commissioner
(Secretary, Southeastern Zone) Georgia Department of Insurance
2 Martin Luther King, Jr. Drive
Floyd Memorial Bldg., 704 West Tower
Atlanta, Georgia 30334
404-656-2056
Fax 404-657-7493

Toll Free In-State Only:
800-656-2298
GU Artemio B. Ilagan
Acting Commissioner
(Western Zone)
Dept. of Rev. & Taxation Ins. Branch
Government of Guam
Building 13-3, 1st Floor
Mariner Avenue
Tiyan, Barrigada, Guam 96913

Post Office Box Address:
PO Box 23607
GMF, Guam 96921
671-475-1843
Fax 671-472-2643
HI J.P. Schmidt
Commissioner
(Western Zone) Hawaii Insurance Division
Dept. of Commerce & Consumer Affairs
335 Merchant Street, Room 213
Honolulu, Hawaii 96813

Post Office Box Address:
PO Box 3614
Honolulu, Hawaii 96811-3614
808-586-2790
Fax 808-586-2806

IA Terri Vaughan
Commissioner
NAIC Past President
(Midwestern Zone)
Division of Insurance
State of Iowa
330 E. Maple Street
Des Moines, Iowa 50319
515-281-5705
Fax 515-281-3059

Toll Free Consumer Hotline:
877-955-1212

ID Mary L. Hartung
Director
(Western Zone) Idaho Department of Insurance
700 West State Street, 3rd Floor
Boise, Idaho 83720-0043
208-334-4250
Fax 208-334-4398

Toll Free In-State Only:
800-721-3272

IL Deirdre Manna
Acting Director
(Midwestern Zone) Illinois Division of Insurance
100 West Randolph Street
Suite 5-570
Chicago, Illinois 60601-3251
312-814-2427
Fax 312-814-5435

Toll Free:
877-527-9431

IL 320 West Washington St., 4th Floor
Springfield, Illinois 62767-0001
217-782-4515
Fax 217-524-6500
IN Amy Strati
Acting Commissioner
(Midwestern Zone) Indiana Department of Insurance
311 W. Washington Street, Suite 300
Indianapolis, Indiana 46204-2787
317-232-2385
Fax 317-232-5251

KS Sandy Praeger
Commissioner
(Vice Chair, Midwestern Zone)
Kansas Department of Insurance
420 S.W. 9th Street
Topeka, Kansas 66612-1678
785-296-3071
Fax 785-296-2283

Toll Free In-State Only:
800-432-2484

KY Martin J. Koetters
Executive Director
(Southeastern Zone)
Kentucky Office of Insurance
PO Box 517
Frankfort, Kentucky 40602-0517

Federal Express Packages:
215 West Main Street
Frankfort, Kentucky 40601
502-564-6027
Fax 502-564-1453

Toll Free:
800-595-6053
TTY:
800-462-2081
LA J. Robert Wooley
Commissioner
(Vice Chair, Southeastern Zone) Louisiana Department of Insurance
Attn: Chad Brown
1702 N. 3rd Street
Baton Rouge, Louisiana 70802

Post Office Box Address:
PO Box 94214
Baton Rouge, Louisiana 70804-9214
225-342-5423
Fax 225-342-8622

Toll Free In-State Only:
800-259-5300
800-259-5301


MA Julie Bowler
Commissioner
(Secretary, Northeastern Zone) Division of Insurance
Commonwealth of Massachusetts
One South Station, 4th Floor
Boston, Massachusetts 02110
617-521-7301
Fax 617-521-7758

Consumer Hotline:
617-521-7777

MD Alfred W. Redmer, Jr.
Commissioner
(Northeastern Zone) Maryland Insurance Administration
525 St. Paul Place
Baltimore, Maryland 21202-2272
410-468-2090
Fax 410-468-2020

Toll Free:
800-492-6116
Fraud Div. Toll Free:
800-846-4069
TTY:
800-735-2258

ME Alessandro Iuppa
Superintendent
NAIC Secretary-Treasurer
(Northeastern Zone) Maine Bureau of Insurance
Dept. of Professional & Financial Reg.
State Office Building, Station 34
Augusta, Maine 04333-0034

Federal Express Packages:
124 Northern Avenue
Gardiner, Maine 04345
207-624-8475
Fax 207-624-8599

Toll Free In-State Only:
800-300-5000
MI Linda Watters
Commissioner
(Midwestern Zone) State of Michigan
Office of Financial and Insurance Services
Attn: Office of the Commissioner
PO Box 30220
Lansing, MI 48909

Federal Express Packages:
Ottawa Bldg 3rd Floor
611 W. Ottawa
Lansing, Michigan 48913
517-373-0220
Fax 517-373-4870

Toll Free:
877-999-6442
MN Glenn Wilson
Commissioner
(Midwestern Zone)
Minnesota Department of Commerce
85 7th Place East, Suite 500
St. Paul, Minnesota 55101-2198
651-296-5769
Fax 651-282-2568
MO Scott B. Lakin
Director
(Midwestern Zone) Missouri Department of Insurance
301 West High Street, Suite 530
Jefferson City, Missouri 65102
573-751-4126
Fax 573-751-1165

Toll Free In-State Only:
800-726-7390

MS George Dale
Commissioner
(Southeastern Zone)
Mississippi Insurance Department
501 Northwest Street
Woolfolk State Office Bldg., 10th Fl.
Jackson, MS 39201

Post Office Box Address:
PO Box 79
Jackson, MS 39205
601-359-3569
Fax 601-359-2474

Toll Free In-State Only:
800-562-2957
MT John Morrison
Commissioner
(Secretary, Western Zone) Montana Department of Insurance
840 Helena Avenue
Helena, Montana 59601
406-444-2040
Fax 406-444-3497

Toll Free In-State Only:
800-332-6148

NC Jim Long
Commissioner
NAIC Past President
(Southeastern Zone) North Carolina Dept. of Insurance
PO Box 26387
Raleigh, North Carolina 27611

Federal Express Packages:
Dobbs Building
430 N. Salisbury Street
Raleigh, North Carolina 27603
919-733-3058
Fax 919-733-6495

Toll Free In-State Only:
800-662-7777 or
800-546-5664
ND Jim Poolman
Commissioner
(Midwestern Zone)
North Dakota Dept. of Insurance
600 E. Boulevard
Bismarck, North Dakota 58505-0320
701-328-2440
Fax 701-328-4880

Toll Free In-State Only:
800-247-0560

NE Tim Wagner
Director
(Chair, Midwestern Zone) Nebraska Department of Insurance
Terminal Building, Suite 400
941 'O' Street
Lincoln, Nebraska 68508
402-471-2201
Fax 402-471-4610

Toll Free In-State Only:
877-564-7323

NH Roger A. Sevigny
Commissioner
(Vice Chair, Northeastern Zone)
New Hampshire Insurance Department
21 South Fruit Street, Suite 14
Concord, New Hampshire 03301
603-271-2261
Fax 603-271-1406

Toll Free:
800-852-3416

NJ Holly Bakke
Commissioner
(Northeastern Zone)
New Jersey Department of Insurance
20 West State Street CN325
Trenton, New Jersey 08625
609-292-5360
Fax 609-984-5273

Toll Free:
800-446-7467

NM Eric P. Serna
Superintendent
(Western Zone)
New Mexico Department of Insurance
PO Drawer 1269
Santa Fe, New Mexico 87504-1269

Federal Express Packages:
PERA Building
1120 Paseo de Peralta
Santa Fe, New Mexico 87501
505-827-4601
Fax 505-476-0326

Toll Free In-State Only:
800-947-4722

NV Alice Molasky-Arman
Commissioner
(Western Zone)
Nevada Division of Insurance
788 Fairview Drive, Suite 300
Carson City, Nevada 89701-5753
775-687-4270
Fax 775-687-3937

Toll Free In-State Only:
800-992-0900
Health Complaints
In State Only:
888-872-3234

NY Gregory V. Serio
Superintendent
(Northeastern Zone) Agency Building One
One Commerce Plaza, Suite 1700
Albany, New York 12257
518-474-4567
Fax 518-473-4139

Toll Free:
800-342-3736
Fraud Hotline:
888-FRAUD-NY

NY New York Department of Insurance
25 Beaver Street
New York, New York 10004-2319
212-480-2289
Fax 212-480-2310
OH Ann Womer Benjamin
Director
(Midwestern Zone)

Ohio Department of Insurance
2100 Stella Court
Columbus, Ohio 43215-1067
614-644-2658
Fax 614-644-3743

Toll Free:
800-686-1526
Fraud Division:
800-686-1527
Continuing Education
800-891-5318
OHIIP
800-686-1578

OK To Be Determined
Commissioner
(Midwestern Zone)
Oklahoma Department of Insurance
2401 NW 23rd St., Suite 28
Oklahoma City, Oklahoma 73107
405-522-4969
Fax 405-521-6635

Toll Free In-State Only:
800-522-0071

OR Joel Ario
Insurance Administrator
NAIC Vice President
(Western Zone)
Oregon Insurance Division
350 Winter Street NE, Room 440
Salem, Oregon 97301-3883

Mailing Address:
Oregon Insurance Division
P.O. Box 14480
Salem, OR 97309-0405
503-947-7980
Fax 503-378-4351

Toll Free In-State Only:
888-877-4894

PA Diane Koken
Commissioner
NAIC President
(Northeastern Zone) Pennsylvania Insurance Department
1326 Strawberry Square, 13th Floor
Harrisburg, Pennsylvania 17120
717-783-0442
Fax 717-772-1969


Toll Free: Consumer Service 877-881-6388

PR Dorelisse Jurabe Jiménez
Commissioner
(Southeastern Zone) Puerto Rico Dept of Insurance
Cobian’s Plaza Building
1607 Ponce de Leon Avenue
Santurce, Puerto Rico 00909

Post Office Box Address:
PO Box 8330
Fernandez Juncos Station
Santurce, Puerto Rico 00910-8330
787-722-8686
Fax 787-722-4400

RI Joseph Torti, III
Superintendent
(Northeastern Zone) Rhode Island Insurance Division
Dept. of Business Regulation
233 Richmond Street, Suite 233
Providence, Rhode Island 02903-4233
401-222-5466
Fax 401-222-5475
SC Gwen Fuller McGriff
Co-Acting Director
Tim Baker
Co-Acting Director
(Southeastern Zone) South Carolina Dept. of Insurance
300 Arbor Lake Drive
Suite 1200
Columbia, South Carolina 29223

Post Office Box Address:
PO Box 100105
Columbia, South Carolina 29202-3105
803-737-6212
Fax 803-737-6229

Toll Free In-State Only:
800-768-3467

SD Gary L. Steuck
Director
(Midwestern Zone) South Dakota Division of Insurance
Department of Revenue & Regulation
445 East Capitol Avenue, 1st Floor
Pierre, South Dakota 57501-3185 605-773-4104
Fax 605-773-5369




TN Paula Flowers
Commissioner
(Southeastern Zone) Tennessee Dept. of Commerce & Ins.
Davy Crockett Tower, Fifth Floor
500 James Robertson Parkway
Nashville, Tennessee 37243-0565
615-741-6007
Fax 615-532-6934

Toll Free In-State Only:
800-342-4029

TX José Montemayor
Commissioner
(Western Zone) Texas Department of Insurance
333 Guadalupe Street
Austin, Texas 78701

Post Office Box Address:
PO Box 149104
Austin, Texas 78714-9104
512-463-6464
Fax 512-475-2005

Toll Free In-State Only:
800-578-4677
UT Merwin Stewart
Commissioner
(Vice Chair, Western Zone)
Utah Department of Insurance
3110 State Office Building
Salt Lake City, Utah 84114-1201
801-538-3800
Fax 801-538-3829

Toll Free In-State Only:
800-439-3805

VA Alfred W. Gross
Commissioner
(Southeastern Zone)
State Corporation Commission
Bureau of Insurance
Commonwealth of Virginia
PO Box 1157
Richmond, Virginia 23218

Federal Express packages:
Virginia Bureau of Insurance
State Corporation Commission
1300 East Main Street
Richmond, Virginia 23219
804-371-9694
Fax 804-371-9873

Toll Free In-State Only:
800-552-7945:
Ombudsman & Consumer Services (Out of State)
877-310-6560
VI Vargrave A. Richards
Lieutenant Gov./ Commissioner
(Southeastern Zone) #18 Kongens Gade, Charlotte Amalie
St. Thomas, Virgin Islands 00802 340-774-7166
Fax 340-774-9458 340-774-6953

VI Division of Banking & Insurance
1131 King Street, Suite 101
Christiansted
St. Croix, Virgin Islands 00820
340-773-6449
Fax 340-773-4052
VT John Crowley
Commissioner
(Northeastern Zone) Vermont Division of Insurance
Dept. of Banking, Ins. & Securities
89 Main Street, Drawer 20
Montpelier, Vermont 05620-3101
802-828-3301
Fax 802-828-3306


WA Mike Kreidler
Commissioner
(Chair, Western Zone) Washington State Office of the Insurance Commissioner
PO Box 40255
Olympia, Washington 98504-0255

Federal Express Packages:
Washington State Office of Insurance
Insurance 5000 Building
5000 Capitol Way
Tumwater, Washington 98501
360-725-7100
Fax 360-586-3109

Toll Free In-State Only:
Hotline
800-562-6900
Statewide Health Insurance Benefit Advisors (In State Only)
800-397-4422
WI Jorge Gomez
Commissioner
(Secretary, Midwestern Zone) Office of the Commissioner of Insurance
State of Wisconsin
125 South Webster Street
GEF III – 2nd Floor
Madison, Wisconsin 53702

Post Office Address
PO Box 7873
Madison, Wisconsin 53707-7873
608-267-1233
Fax 608-261-8579

Toll Free In-State Only:
800-236-8517
State Life Insurance Fund
800-562-5558



WV
Jane L. Cline
Commissioner
(Southeastern Zone) West Virginia Dept. of Insurance
PO Box 50540
Charleston, West Virginia 25305-0540

Federal Express Packages:
State of West Virginia
1124 Smith Street
Charleston, West Virginia 25301
304-558-3354
Fax 304-558-0412

Toll Free Consumer Service Division
In-State Only:
888-879-9842
WY Ken Vines
Commissioner
(Western Zone) Wyoming Department of Insurance
Herschler Building
122 West 25th Street, 3rd East
Cheyenne, Wyoming 82002-0440
307-777-7401
Fax 307-777-5895

Toll Free In-State Only:
800-438-5768


----------------------------------------------------------------------
0

#60 Guest_IDB_*

  • Group: Guests

Posted 26 November 2004 - 09:33 PM

Read HTML version online: http://archives.zine...5758/31364.html



CORPORATE CRIMEFIGHTERS OF AMERICA -- NOV 24, 2004

======================================================

Here's a press release that mentions the number of cases Unum will go back over due to the task force agreement. As you can see, dividing that number into the fifty million or so set aside for remediation, then adding in the hundreds of high-end cases worth at least a million, and considering it only covers three years, and is about two days earnings for Unum including the fine, it was just a wrist-slap by the NAIC. Which is what I expected.

However, I don't expect them to even try to cover very high end cases. They'll pay off the cheapest ones so they can go the the NAIC and say, "see, we paid off 90%," or some fraudulent statistic like that. But as I pointed out long ago, 90% of cases isn't 90% of what they owe. They just pay the nickel and dime cases so they can quote some big but deceptive percentage, while they stall on the bigger ones.

In other words, the funds are insufficient, so as I've said, it's incumbent to be first come, first served on this. .

No, I'm not getting anything for including the PR below eith the news ;'). I'm just passing along useful info, not an endorsement. I made a decision long ago to not edit things, except for cutting long articles and including a URL where that would keep the newsletter size down. If someone sends me very useful info then advertises themselves in their tagline, I figure that's fair since they sent me the info. Other people, on the other hand, often don't even want their email address published.

Would that someone would advertise on the site, awful looking though it is. All I've been getting lately, excepting for a very few, is promises without followthroughs, which ain't keeping the wolf from the door. The vast majority still hasn't sent in the fifteen bucks I kindly ask for the subscription. I guess the honor system works, but it works s-l-o-w-l-y ;')

******************************
FOR IMMEDIATE RELEASE

UnumProvident The Nation's Largest Disability Insurer Will Open And Reconsider 215,000 Previously Denied Cases

An Early Holiday Present For the Disabled As UnumProvident Promises To Reopen Claims Denied Since 1997

LOS ANGELES, Calif., - November 23, 2004 - America's Leading Disability attorney, Frank Darras, managing partner of the firm, Shernoff, Bidart and Darras acknowledges and applauds UnumProvident Corporation (NYSE:UNM), for pledging to once again review over 215,000 previously denied disability claims.

In a market conduct settlement agreement conditioned upon consent by two-thirds of 47 states, or less if UnumProvident agrees, the Company will reopen and reconsider individual and long-term disability cases that were previously denied, since 1997. "This demonstrates UnumProvident has turned the claim corner by agreeing to take a fresh look at this volume of cases. Furthermore, it is a wonderful opportunity for these consumers to get the best advice and receive the compensation they richly deserve. I have made it my life's work to see that the disadvantaged get heard. This is a great day for these disabled policyholders," says Darras.

"UnumProvident is only required to notify claimants about opening and reconsidering these previously denied claims from January 1, 2000 until the date the settlement is implemented. The Company is not required to notify those claimants whose benefits were denied during the period January 1, 1997 to December 31, 1999. Although I am confident they will make every effort to contact claimants from the last four years, I am deeply concerned that those claimants affected before the year 2000 could miss out on getting the compensation they so rightly deserve. Many of these people have lost their homes, moved or been displaced due to non-payment of their benefits. It is critical that these claimants recognize there is a time limit in which they can formally request UnumProvident reopen their cases."
Darras recommends that anyone who had a claim that was denied, or appealed and then denied, should seek competent counsel immediately to help them in this matter. "It would be unfortunate for even one UnumProvident claimant to miss this opportunity to get fairly compensated simply because a forwarding address has expired or because they had not heard about this settlement opportunity. After years of watching so many suffer, it is my duty to ensure that those people who had their claims denied, experienced devastating personal and financial loss and have been overwhelmingly discouraged, surface and know that they can reclaim their lives."

"I compliment Thomas Watjen and the UnumProvident executive staff for taking this huge
step to once again improve their claim operation. For those who have been truly disabled, this is an early holiday gift when they need it most," says Darras.

In March 2003, after an onslaught of negative publicity, CEO Harold Chandler, was replaced by current CEO, Thomas R. Watjen. Within a matter of months, corporate changes were made including adding three new board members committed to revamping UnumProvident's business practices. Since then, filed lawsuits are down and claims handling perceptions about the company continue to improve," says Darras.

Individuals with questions are encouraged to call Frank Darras or visit the website at
www.sbd-law.com.

About Frank Darras

Frank N. Darras, is America's leading plaintiffs lawyer, representing disabled policyholders and long-term care insureds. He is annually honored for his dedication to helping those unable to afford representation because he remembers his humble beginnings and tackles America's most difficult cases.

Frank Darras litigates disability and long-term care cases on a national basis and will evaluate over 12,000 new cases in calendar year 2004. Honored by his California peers as a "Super Lawyer" in 2004, and again for 2005; listed as one of the Outstanding Lawyers in America; and is a member of the "Ten Million Mega-Rainmaker" circle, for lawyers who have generated more than $10 million in annual legal fees -- a distinction and honor he has received for the last three years. Mr. Darras is AV-rated, widely quoted and published, and a frequent national keynote speaker.

About Shernoff, Bidart and Darras, LLP

AT SHERNOFF BIDART & DARRAS, our attorneys are caring, competent and compassionate about righting insurance company wrongs.

As plaintiff's lawyers working on a contingency fee basis, we get paid only if and when our clients get paid. That means that our dedication and allegiance is to our clients - not to prolonging or complicating the legal process.

This solidarity we have with our clients distinguishes us among many other attorneys in the business that work on an hourly basis. It gives us the fire and fight to protect and serve the interests of every policyholder, rich or poor.

We believe we have the hardest working and most talented staff in the profession - and with our track record, that's one claim that is hard to deny.

Contact info for Darras firm:

Robin Nolan
408-984-4977 Office
650-279-9512 Cell
[email protected]

Frank Darras
909-621-4935
www.sbd-law.com

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