Prudential - I like the community's help with this one

by lakemen » Fri Feb 19, 2010 07:27 am
Posts: 1260
Joined: 18 May 2005

Hi All,

The following message has been mailed to our member Mr. Colbert -

Dear Mr. Colbert;

I was surfing for a resolution and came across your website. My name is Stacie. My three siblings are Steven (deceased), Sherry and Sharlee. My father was Charles, and mother Madeleine. I wanted to get the involved party’s names out first.

My parents were married in 1946. They divorced in 1964 and from that point on, only remained in contact for visitation and support issues. My mother remained quite bitter, enlisting every attempt to disgrace him in our eyes, etc...You know, the things that a parent should not do? Using the kids as pawns for their own indifferences? Yeah, that's me. Anyway, on to the reason for this letter.

My father passed away in 1980. He had a small life policy through his employer that was divided among the four children. I recall us three girls going to our mother's after taking his ashes out to sea. Even then, all she could say is what a "worthless SOB he was for not leaving better provisions for his children." He defaulted in the divorce proceedings so my mother received whatever it was she requested. I am presuming the property request included accepting liability for existing insurance policies. My mother would believe him incapable of maintaining responsibility for payment premiums. It appears that my presumption is correct.

My mother died in October, 2009. I was not informed until 3 weeks later as my eldest sister is a control freak. The neighbors who helped take care of my mother took upon themselves to literally help themselves to whatever they wanted including emptying her bank accounts before her body was cold. By the time I got to the house (27 miles away), it was almost completely empty. Sherry lives in New Mexico. Sharlee lives in Oregon. Neither was able to take over executive positions. The neighbor apparently removed my mother's telephone book and when asked to please call me, was told "she tried and I was in jail." So needless to say, most everything was missing. Some paperwork went to Sherry, although she doesn't send me copies. However, while emptying out what remained at the residence, I came upon some interesting documents. An envelope containing 4 check stubs from Prudential for payment of death benefits. The policy owner was my dad, Charles. Also included were 4 forms that relinquished any and all future claims by covenant with Prudential. Payment was authorized to be issued to my mother, Madeleine. Each check was for around $1,550 so with the added credits and interest, it appeared to be a $5,000 policy. Sherry confirmed that mom paid premiums on dad's policies after the divorce. I guess there were two. One listed my mother as the beneficiary and the other for us children. This was my first and only notification of the existence of the policy, probably because each of the 4 relinquishment forms had all our signatures on them. But not one was actually signed by any of us.

It appears that my father purchased two policies. Or perhaps my mother purchased them. Either way, he was the owner. Also included was a certified copy of his death certificate, dated February 20, 1980 - one month after his death. The release forms were dated March 21, 1980 for Steve; and March 29, 1980 for Sherry, Sharlee and me. The witness to my brother's signature is illegible. The witness to the other three signatures is "Ginger Dallas."

It all looks so neat and tidy, but looks are truly deceiving. On March 29, 1980, I was living in Garden Grove, Ca, and just so happened to be working at Yosemite Sam's Tavern. My sisters were both living in Granada Hills, Ca. My brother lived in Virginia from the time he was in the Marine Corps, until his death in 2002. I am certain it is not his signature. My sister Sherry says she recalls "mom bringing documents to the house when we were all there and we signed them." But Sherry sees my objection to the validity of this payment as an attack against my mother so she has decided it happened. My sister Sharlee has absolutely no recollection of the event and states that she "never would have signed over anyway." She says it appears to look like her signature, however. The discrepancy in mine is obvious. Ironically, the envelope also included stubs from social security cards for me that bear my signature at that time. Ginger Dallas was a friend of ours whom myself and Sharlee worked with 1975-1978. Thing is, ANY document she signed always bore her true name of "Virginia Dallas" Even gift cards. I don't see as it matters, but she was convicted of both Grand Theft and Forgery in 1982 & 1984. I am told she died of a heroin overdose many years ago but don't know for certain.

After making two attempts to address this matter via telephone, to which I was completely ignored, I contacted Prudential and wrote a lengthily detailed letter to the CEO John Stranglehold. I explained how each beneficiary lived elsewhere from my mother in L.A. I explained the obvious forgeries in each signature and how close examination would conclude it all written by the same hand - my mother. I described how the statute of limitations has not expired due to it being applicable from date of discovery. I enquired as to who requested the release forms and to whom they were mailed too? I expressed my demise at how easily they would surrender benefits to the woman he had been divorced from 16 yrs. prior. I expressed how the discovery of this event compelled me to surrender the life policy in my name my mother purchased when I was 16. And how even now, they make it simple to have my identity stolen.

When I called to cash in my policy, I had no information or policy number. They asked for my birth date and to where the statement billings were sent. I gave my mother’s P.O. Box number inaccurately saying "461." I was corrected by the representative and told it was in fact "614" I was asked for my new address. I was told I would receive a form to fill out and return. I assumed and elaborated that "I have to notarize it, right?" To which I was told that they had ascertained I was who I claimed. WOW! Then the document comes asking only for my SSN in addition to address, phone, etc...What thoroughly amazed me is there was even a section that asked me if there was another person who I chose to have the check written too and the name if applicable. Anyone who knew of the policy, my mom's address and my birth date could have cashed in that policy and covered their tracks by issuing it to a fictitious name. I believed their conduct to be inefficient in securing that the releases were individually mailed to each separate beneficiary. I requested payment of the policy on behalf of myself, sister Sharlee and deceased brother Steven. I requested interest annually accrued as I was denied what was rightfully mine in the first place. That would have come to total about 4X the original payout. However, considering their obvious defect in protecting identity as well the disappointment in my father for the past 30 years, and the total shock that my mother was enabled to so easily claim what was ours - I did not feel I was asking too much.

A few days later I received confirmation of the fax. It included an apology for my ordeal and advised me the matter had been forwarded to the proper department for follow up. I called the corporate office on January 22, 2010 to enquire the status of the investigation. I was told a letter had been mailed the previous day explaining their position. I asked for the agent and was directed to one Bonnie Freeman. She advised me that their investigation concluded that the claim was paid in good faith and that they had no inclination to believe the releases were forged. I then enquired as to how the release forms were processed. I asked her if I was merely making the payments on the policy, not owner nor beneficiary, would she send me 4 relinquishment forms. Or did they perhaps conclude that all 4 beneficiaries that were then adults ages 32, 30, 27, & 24 still lived at home with "mommie?" Or that if address changes were ever made as to the beneficiaries, did they confirm that my dad had even requested them. Did they even have his accurate address? She advised me to disregard the letter sent the previous day and she intended to investigate who requested the forms and where they were mailed. I called her back and requested she provide me with a copy of their file as legal right defaulted to me upon my father's death.

On January 29, 2010, Bonnie Freeman called to advise me that Prudential was standing on their original statement that they paid in good faith. That their company was just as much of a victim as me and I should attach my mother's estate for the money. She also said that I was not entitled to information in the file, unless accompanied by court subpoena. When I questioned the very reason she wanted to further investigate, being negligence in the release forms, she said that she was unable to obtain that information. That the only information she had to go on was what I faxed their CEO. That included the four payment stubs, 4 releases, both parent’s death certificates and their divorce decree. She apologized and I could detect her compassion. All of the sudden they cannot find the policy. They can, however, locate all the other ones that paid at that time. I can't help believing that Bonnie Freeman and you share a burden of "turning the cheek and looking the other way." She insisted on making it quite clear to me that the conversations were recorded in case of future reference. I received her letter a couple days ago that apologized for denying the claim. Ironically she devoted an entire paragraph to the fact that Prudential cannot locate the file. Therefore I presume they are relying on my bearing the "burden of proof" if legal action is commenced.

I can thank my control freak sister in the long run. Where I know my mother signed all the names, she insists she signed off hers. Ironically, she cannot provide me with who signed my name though. In the long run, I believe that the forgery is not the issue here. If it so becomes, it occurred at the direct cause of Prudential. They were negligent in numerous ways which I am certain is why the mysterious disappearance of the file. But my sister swears Mom brought the document and presented it to her. Pretty much confirms who they were sent too don't you agree?

I believe that Prudential should be compelled to answer to their negligent acts. Along with my fear of continuing my life policy with them as they so easily cashed it in. It was paid in full through 2035 and $10,000 death benefits for my children. But I felt it unsafe to rely on their ability to secure my protection from ID theft. So I cashed it in, receiving 1/2 that amount and paid taxes on half of that! Not to mention hearing over and over again in my head what a "worthless SOB my father was, as my mother stated." Thirty years later I realize my grief had no basis. I also believe that my sister and I are entitled to what our father meant for us to have. And I believe Prudential should be held accountable for their negligent ignorance of proper procedure and compliance within the applicable laws to accurately proceed in paying the claim.

Which is why I am now asking for any assistance you can provide. I live in Anaheim, Ca. North Orange County. Finding a personal injury attorney that I am secure with is difficult. For some reason, I believe I can trust any referral from you because I know you desire to help people. I need council that works on contingency basis as I am unable to pay a fee. Perhaps if we could locate my mother’s safe deposit box, we could find the coin collection she accumulated over 50 years, 30 of which she was employed by B of A. I believe it contain her will as well. Perhaps it was she who mysteriously dropped the intact information through the backyard stairs. It seems apparent it was meant to be found. Perhaps because it belongs to the one who found it.

Thank you for your time and I apologize for the length of this letter. I wanted you to have all the details so you could view from my point of perception. Please get back to me as soon as possible as I am anxious to proceed in a timely manner. I have provided you with all the necessary contact information and also have whatever documentation you should desire to examine.


Sincerely;
Stacie



Your views and suggestions in this regard would be truly appreciated!

Regards,

Lakemen

Total Comments: 11

Posted: Fri Feb 19, 2010 12:44 pm Post Subject:

We had a thread on this, with this OP...I'm afraid, that she's got a difficult hill to climb...and....that a court would see this differently...

I believe that the forgery is not the issue here.

To me the entire root of the problem comes back to this..and only this....'but for' the forgery of her own mother, none of this would've/could've happened. and now with one sister saying she actually signed the documents...well....

Most attorneys will take this on a contingency basis, 'if' they see a case that is 'win-able'...outside of dad's life insurance, is your mothers 'estate' worth much? Sadly it will come down to that...an atty will need to think he can make enough money to invest his/her time...

Posted: Fri Feb 19, 2010 01:03 pm Post Subject:

No offense, but you are going through all this trouble for $1500 if I am reading that correctly? Lawyers aren't going to take a contingency case unless there's a potentially big payout in it for them, which there doesn't appear to be. Insurance companies very, very, very rarely screw up legally and you really have no proof of much of anything. It's probably not what you want to hear, but you are most likely wasting your time pursuing this.

Posted: Fri Feb 19, 2010 01:37 pm Post Subject:

The Rock strikes again. Actually, I think this is largely an issue with really poor planning. The fact that they were satisfied with what seemed like so little information, there aren't many people who request much more than that, and Prudential is a company riddled with overbearing compliance woes to a crippling degree.

As has been stated, the potential judgement here is rather small, and it'll be hard to convince an attorney to take this case on. It's extremely unlikely to be economically viable to fight it out legally.

It's a sad story, but in truth Pru's position that they were a victim of fruad just as much as the family is correct.

Posted: Fri Feb 19, 2010 01:44 pm Post Subject:

Oh one more point, lapsing the policy wasn't really a punitive measure against them. It means you saved them from paying a death claim.

Posted: Fri Feb 19, 2010 04:42 pm Post Subject:

Hello everyone, thanks for the feedback. Here was my initial response to Stacie and her answer (prior to submitting this story to the Community)
Hello Stacie,

I appreciate the amount of time and effort you put into this and apologize for not getting back to you sooner.

Life insurance companies are bound by contract. In this contract, they agree to pay someone (a named beneficiary ) an amount of money when the insured's heart stops beating - period. I guess I could say, unfortunately, that is the extent of their obligation. If you could only know how often I get reports like yours, you would be astounded. This means, the insurance companies must also get these reports as well. You cannot imagine the amount of time, energy, money, efforts, and potential litigation the insurance companies would face if they did, what many might consider "the right thing to do".

If the Prudential agent had misrepresented the terms and conditions of the policy, Prudential could be held responsible and forced to pay some sort of restitution - as they've done in the past for around $2.3 billion. That does not seem to be the case here. Rather, this appears to be a type of "family dysfunction" whereby one family member seems to have found a way
to swindle his/her siblings out of what is rightfully theirs. Because an amount of money was paid after the death claim was legally processed, in Prudential's mind, their responsibility ends I doubt you'll ever find a court who will rule that the insurance company failed to fulfill their obligation.

You could certainly retain counsel and (probably) get Prudential to answer all your questions. Although the amount of damage you've suffered is obviously monumental at a personal and psychological level; I'm sorry to say that monetarily speaking, is not huge. Therefore, I just don't know if you'll be able to find a law firm large enough to take on Prudential on a contingency basis, especially when the wrongful acts you claim they've committed are not crystal clear. You would probably have more success bringing charges against the members of your family whom you suspect have stolen money from you. Contact someone at your local district attorney's office and make an appointment to speak with them.

If you still want to talk to a lawyer, there are several in your area I have worked with in the past and I'll be happy to refer you.

Here's another suggestion: change all of the names and personal information in your story and submit it to www.ampminsure.org
This is one of the best insurance blogs in existence and you'll probably find many different opinions there.

I'm sorry, I wish I could be of more help.

Mark J. Colbert

And her response

What about the fact that they did not mail the relinqiushment forms to the beneficiaries? Nor the confirmation letters that they were in fact requested by myself and my sister? They did mail the release forms to my mother and my sister can be called to testify to such fact. wouldn't that make them neglegent in ascertaining they complied with lawful policy? Also, in doing so, they would be responsible for the direct cause of the fraud. I fail to understand how they can claim they acted in good faith when they failed to follow due process by mailing the forms at and to the request of a non affiliated party.

Posted: Mon Feb 22, 2010 05:05 am Post Subject:

Stacie . . .

One of the best insurance bad faith law firms is not far from you in Claremont. The firm is Shernoff, Bidart, Darras, Echeverria. You will easily find them on the Internet. You can send them the same details you've posted here and they will let you know if there is a probability of prevailing through litigation.

They don't always win, but when they do, it's significant. You can bet that an insurance company executive will sit up and start sweating when their letterhead arrives on his desk.

Give it a try. You have nothing to lose, and everything to gain.

Posted: Mon Feb 22, 2010 05:59 pm Post Subject:

LOL, Yep, when an insurance company gets a letter from Bill Shernoff, they usually just squat and pee down their leg but, this is Prudential - the same company that lost a $2.3B lawsuit and made money from it by selling new life insurance on the back end.

I might agree with you, Max, but I just don't know how to bring Pru into this for being negligent. I hope Stacie calls someone at the firm and asks them.

Great suggestion. Thanks for the help,
Mark

Posted: Tue Feb 23, 2010 10:27 am Post Subject: Prudential

I am very thankful for your effort. They say that everything happens for a reason. I believe I need to fight for what is mine and you have shown you're heartfelt concern tenfold. I am curious if you may not see what I do that clearly proves neglegence. In order for a beneficiary to relinquish their benefits, they must personally request the form be sent to them. I have researched the laws for 1980 it was a mandatory requirement then as well. I KNOW the file is not lost, as they have claimed. On Jan 21, 2010 my conversation with Prudential made references to things that only could have been obtained from the file. The convrsation was recorded. I was told to give the agent time to research who in fact requested and was mailed the forms. That appeared to be a Important factor. A week later, attempts to follow that lead were halted by the mysterious disappearance. I am certain there are several fauxpas in the file to incriminate Pru-dential, argo the sudden disappearance. I never requested a form. Nor did my sister joining my claim. And my eldest sister is certain my mother presented her with the form to sign. My father knew all of our addresses. So did my mother. Why would Prudential send all four forms to one address. I also think it is possible that only one form was requested and was duplicated. Close examination shows identical detail. One requested and four returned? Far from good faith payment

Posted: Tue Feb 23, 2010 05:00 pm Post Subject:

Good morning Stacie, welcome to AMPM Insure.

I'm sorry, but I need to ask a question:

Are you absolutely positive that someone in your family isn't trying (or hasn't attempted) to swindle you out of what what you claim is rightfully yours?

Posted: Tue Feb 23, 2010 11:47 pm Post Subject:

Are you absolutely positive that someone in your family isn't trying (or hasn't attempted) to swindle you out of what what you claim is rightfully yours

Mark, unless I misunderstood this and her prior post...she freely admits that her (now) deceased Mother forged their signatures, thus swindling them all out of what was theirs. Presumeably because her Mother wanted to continue the defaming of her Father...that's how I read it anyway..I may be all wet.

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