Thrivent misrepresents mandatory MDRP member dispute resolution in my contract?, Mike Causey NC Insurance Commissioner request, 5.8 Legal Actions in contract is benefit, Can’t be diminished or destroyed
Mike Causey, NC Insurance Commissioner, should be receiving a 4 page letter from me today. One of the requests is the following:
“Thrivent, not only in my case, but nationally has flaunted their benefit society status and ability to modify their bylaws retroactively. There is wording in the Bylaws and well as states statutes that allow it as long as “no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.”
Thrivent, in my humble opinion, has overstepped their authority.
Per: “(6) Upon a proper application by any citizen of this State, give a statement or synopsis of the provisions of any insurance contract offered or issued to the citizen. ” I am requesting a review of the following component of my contract:
From my 1985 contract:
“5.8 LEGAL ACTIONS
No legal action may be brought to recover on this certificate until after 60 days from the date written proof of loss has been given. No such action may be brought after 3 years from the time written proof of loss is required to be given.”
Benefit legal definition: n. any profit or acquired right or privilege, primarily through a contract.
Clearly, 5.8 Legal Actions above qualifies as a contract benefit.
Thrivent has mandated that I must go through their dispute resolution program, MDRP, in lieu of litigation.
They have diminished and destroyed my contract benefit to litigation.
Of course, it is important to remember:
Beth Cosey vs Prudential, US District Court, Greensboro, NC November 12, 2013
“And, in the context of insurance contracts, North Carolina courts long have held that ambiguities must be construed in favor of the insured.”
If necessary and appropriate, please request an advisory opinion from the NC Attorney General.”
This is not my main argument or complaint with Thrivent but I believe it is important.
Thrivent has come across as arrogant and adversarial in all of my dealings, apparently controlled by a legion of Devil’s Advocates and not driven by touted core Christian values.
They believe they are immune from state laws controlling insurance and insurance companies and that is only partially true.
I will find out soon if the NC Insurance Commission truly does want to protect the citizens of NC.
Especially from wolves in sheep’s clothing.
