Showing posts with label Insurance. Show all posts
Showing posts with label Insurance. Show all posts

Monday, May 18, 2020

Panel urges disbarment over conflict of interest

By Sarah Mansur

A Woodstock attorney who received nearly $400,000 from his mother’s assets after redrafting her will six years before she died should be disbarred, an Attorney Registration & Disciplinary Commission panel has found.

The ARDC hearing board decided Jeffrey J. Keck had a conflict of interest when he drafted a new will for his mother, naming himself as the sole beneficiary and disinheriting his sibling.

It also found Keck, a sole practitioner, made false statements while testifying in probate proceedings related to his mother’s estate.

Keck denied allegations of misconduct, but he did not participate in the disciplinary hearing before the board.

Keck prepared wills for both his parents in 1980, according to the ARDC hearing board report filed April 27.

His father’s will left his entire estate to Keck’s mother, Margaret. If Margaret predeceased her husband, the estate was to be divided between Keck and his only brother, William.

Margaret’s will was similar, according to the report.

In April 2004, Margaret executed a new will that named Keck as the sole beneficiary, the report states. The new will does not list an attorney, nor does it state Keck or his brother were present.

William testified he only became aware of the new will after his mother died in May 2010.

Shortly after her death, Keck submitted a claim to AIG as the sole beneficiary of his mother’s life insurance policy. In July 2010, AIG paid Keck $252,343.90, the entire amount under the policy.

In December 2010, William filed a petition for probate and proof of his mother’s will. Several months later, he contested her will in court.

Keck testified in a deposition for the probate matter in July 2011 that he didn’t know who drafted his mother’s 2004 will, according to the board report.

When the dispute over her will went to trial in January 2014, Keck testified he prepared a draft will for Margaret in 2004 and that the draft appeared to be the same will that was executed in 2004.

In February 2014, a Kane County judge set the will aside on the grounds of undue influence, according to the hearing board report.

The court also revoked Keck’s status as executor and appointed Patrick M. Kinnally as the administrator for the estate.

In November 2015, Kinnally’s accounting showed the estate assets totaled $115,014.84. After payment of fees and expenses, the net assets totaled $42,601.30, of which Keck and William each received $21,300.65.

The hearing board’s report states Keck also received $88,500 from Margaret’s checking account and more than $47,000 from the value of her stocks.

All told, Keck received at least $387,843.90 from his mother’s assets, while his brother netted roughly $21,300, according to the report.

“When we consider all of the foregoing evidence, we conclude that [Keck] abused his position of trust and influence with respect to Margaret to dishonestly convert funds from her during her lifetime and to obtain sole possession of the proceeds of her life insurance policy and other assets after her death. We also find that he engaged in dishonesty based upon his involvement in the presentation of false insurance beneficiary documents,” the hearing board report states.

The hearing board — which consisted of James B. Pritikin, Nancy Hablutzel and Audrey Hauser — recommended Keck be disbarred.

Keck was licensed to practice in Illinois in 1978. He didn’t respond to a request for comment.

Findings by the hearing and review boards are strictly recommendations. Any discipline is decided by the Illinois Supreme Court.

This case is In re Jeffrey Joseph Keck, 19PR0027.

Full Article & Source:
Panel urges disbarment over conflict of interest

Saturday, February 22, 2020

Woman says NC rehab center left elderly father outside in rain for hours

CHARLOTTE, N.C. (WSOC) — A woman in North Carolina said a rehabilitation center left her elderly father, who has trouble walking and talking, out in the rain for hours.

Willie Williams, 78, had been at Charlotte Health and Rehabilitation Center for a month, but on Thursday, his daughter, Maxine Rozzelle, got a call saying there was an issue with his insurance, and he had to leave.

“She had told me that there would be someone to pick him up in 25 minutes,” Rozzelle said. “I say, ‘I cannot get there in 25 minutes’, so I said ‘you have to give me more time than that.’ So she was like, ‘I’ll see what I can do.'”

Rozzelle said the facility then got a transportation service to bring him home. When she arrived at his house hours later, she found her father outside in the rain with no way to get inside.

“He was upset. He was screaming,” Rozzelle said.

Rozzelle said her father did not have shoes or socks on. Luckily, a neighbor came over to give him a jacket and a blanket.

Rozzelle tried to call the facility and the transportation service but has not gotten a response. The rehab facility said the following in a statement in part:

“When an insurance company denies further nursing facility benefits and transportation home needs to be arranged, we contact the transportation company authorized by the insurer and arrange a safe transport. We ensure that patients are safe, stable and all needs provided for when they leave our facility.”

Rozzelle said her father was neither stable nor safe. The transportation company that moved Williams did not respond to request for comment.

Full Article & Source:
Woman says NC rehab center left elderly father outside in rain for hours

Monday, August 11, 2014

Agent Scams Seniors out of More Than $2 mil

John Paul Slawinski, 59, was arrested at his home in Palm Desert on July 29, and is charged with five felony counts of financial elder abuse and five counts of burglary for allegedly ripping off five senior citizens for more than $2 million through the sale and surrender of investment annuity products. Bail is set at $2,000,000.

An investigation was launched by the Department of Insurance after receiving complaints regarding Slawinski's business practices involving the sale and surrender of annuity products. Investigators allege that Slawinski, a licensed insurance agent, convinced some victims to surrender annuities and investment products with the promise of higher returns through new investments and conned other victims into giving him money to invest for them. Slawinski did not purchase annuities or investment products, nor did he refund the victims' money.  "I find it particularly appalling when people in the position of trust violate that trust and take advantage of vulnerable senior citizens," said Commissioner Dave Jones. "Consumers should be able to trust their agent when making important insurance decisions. Consumers often rely on the advice of their agent when they are taken advantage of the result is often devastating."  Slawinski concealed his theft by providing the victims with fraudulent financial statements, and by issuing minimum investment payments to lead them to believe their insurance investment and life savings were secure.

Full Article and Source:
Agent Scams Seniors out of More Than $2mil

Wednesday, February 12, 2014

Hope Dims for Lawyer John E. Clemmons' Victims From Whom He Stole More Than $1 Million













The insurance company that provided malpractice coverage to jailed Nashville attorney John E. Clemmons is asking a federal judge to declare they have no responsibility to help pay back his victims who lost more than $1 million.

If the judge agrees, the amount Clemmons’ victims would receive could be smaller than expected.

In a suit filed last week in U.S. District Court in Nashville, lawyers for the Hanover Insurance Company stated that Clemmons’ policy does not apply in cases where he broke the law. Clemmons pled guilty in Davidson and Rutherford counties to theft from his clients.

Clemmons is currently serving an 18-year prison sentence at the state prison at the Charles B. Bass Correctional Complex in Nashville.

In its complaint, the insurance company cited several provisions of the policy they say Clemmons violated, including “any intentional, dishonest, criminal, malicious or fraudulent act or omission.”

The suit cites pending legal actions against Clemmons in three Davidson County cases, his guilty pleas to theft charges and the suspension of his license to practice law.
“Clemmons admitted his misappropriation,” the suit states.

Court records show that bond insurance that Clemmons was required to purchase has provided at least partial reimbursement in three of the cases.

The victims also can collect from the Tennessee Lawyers Fund for Client Protection, but the maximum amount that can be claimed for any one attorney, regardless of how many victims there are, is $250,000.

Full Article and Source:
Hope Dims for Lawyer's Victims Who Lost More Than $1 Million

See Also:
Former Conservator, John E. Clemmons, Gets Potential Break on Prison Sentence

Friday, February 7, 2014

A Breach of Trust: Humana Used Obamacare as Club Against Policyholders

A federal class action claims Humana jacked up its health insurance premiums to coincide with Obamacare, while failing to give policy holders a reasonable way to cancel policies.

Lead plaintiff Daniel L. Doyle sued Kentucky-based Humana on Tuesday.

Doyle says he received a letter from Humana in August stating that his policy would be canceled on Dec. 31, 2013 and replaced with a new one, to coincide with the Affordable Health Care Act.

The premium for the new policy would be $395.97 a month, significantly (73%) higher than the $229.30 a month Doyle had been paying.

Doyle says he received another letter on Oct. 24, 2013 with clarification to the August letter. He then found a better policy with another provider and wanted to cancel his policy with Humana.

"On or about November 20, 2013, Mr. Doyle was notified that he had new insurance coverage with Blue Cross Blue Shield beginning December 1, 2013," the complaint states.

"Plaintiff then immediately attempted to contact Humana to cancel his policy but was unable to reach anyone who could assist him to cancel.

"Plaintiff again tried to cancel two to three days later. He again was unable to reach anyone at Humana who could assist him in cancelling his policy.

 "On numerous occasions, Mr. Doyle unsuccessfully attempted to cancel his policy by calling the toll-free number listed in the October 24, 2013 letter. Whenever Mr. Doyle called the toll-free number, he encountered an automated call system that would not enable him to speak to a person.

"Frustrated with the significant hold times and inability to speak with a human being, Mr. Doyle contacted his Blue Cross representative, who provided a fax number for Humana which he was unable to locate on Humana's website.

"On or about November 25, 2013, Mr. Doyle sent a facsimile to Humana providing Human with written cancellation of his policy.

"Humana refused to respond to Mr. Doyle's written cancellation request.

The class consists of all Humana policyholders in the United States who have been billed for insurance premiums on policies which were canceled by Humana on or before Dec. 31, 2013 and/or after the class member tried to cancel the policy.

Doyle seeks class certification, wants Humana enjoined from continuing its practices, disgorgement of profits from the scheme and actual and punitive damages for violations of the Kentucky Consumer Protection Act.

Humana is one of the largest health insurers in the country, with more than $13 billion in revenue in 2013, according to the lawsuit.
Full Article and Source:
A Breach of Trust:  Humana Used Obamacare as Club Against Policyholders

See Also:
A Breach of Trust

Sunday, December 15, 2013

WI Attorney's License Suspended Due to Guardianship Case; James Grenisen to Undergo Psychological Evaluation

A La Crosse attorney won’t be allowed to practice law for three months under an order imposed Friday by the Wisconsin Supreme Court.

James Grenisen must undergo a psychological evaluation before his license is reinstated.

The Office of Lawyer Regula-tion in December 2012 filed a complaint against Grenisen citing five counts of misconduct stemming from his representation of a 66-year-old woman in protective placement and guardianship.

During his representation, Grenisen took a $3,440 insurance payout owed to the woman and claimed it was a gift, had her sign an affidavit without permission of her guardian, and admitted that he has no experience in guardianship and protective placement, according to court records.

He also refused to comply with La Crosse County Circuit Judge Elliott Levine’s order not to contact the woman. Levine removed Grenisen as the woman’s attorney in 2011.

A referee recommended his license be suspended after a hearing earlier this year.

Full Article and Source:
La Crosse attorney’s license suspended

Monday, November 11, 2013

A Breach of Trust: WWII Veteran Wrongfully Denied Coverage

WWII Veteran known for his integrity and love of family, he worked hard his entire life to give them the best upbringing and memories he possibly  could.  He taught his young ones to always be honest and to keep their word without hesitation.  To him, that was ultimately important and his example served well.

Little did he know, as he raised his children in honor and honesty, that  one day he would be the victim of a breach of trust by one, who should  have been his champion, during a devastating medical crisisHe trusted  and he was betrayed.  Never again shall his life be as once promised.

 Deceit won the battle that day, but the truth was not conquered. 

Truth fights on and strives to win the war against those who deny care for  profit and because they can.

Truth and knowledge will bring the deceit and trickery into the light  and hopefully prevent others from being denied proper care at critical  moments.  People deserve better than that.  People should be able to  trust the caregivers and providers.  People deserve the chance to  recover and live on in dignity and with purpose to whatever degree is theirs to behold.  People should and it is time eyes are opened and the truth be seen by a population unaware.  It’s time people rather than  profits trump and honesty prevail.

A Breach of Trust is never acceptable and it shan’t be silently tolerated! 

Be intolerant — add your voice in objection to deceit and trickery that wrongfully denies coverage!

Source:
A Breach of Trust:  Wrongfully Denied Coverage

Wednesday, October 16, 2013

Recommended Website: A Breach of Trust: WWII Veteran and Wife

Humana Inc., one of the nation’s largest managed-care companies, was accused in a Federal lawsuit yesterday of misleading health plan members by failing to disclose financial incentives to doctors and case reviewers intended to keep down costs by limiting or denying care.

The suit, filed on behalf of workers in Florida and Texas, asked a United States District Court in Miami to certify a class action on behalf of more than six million customers of Humana health plans nationwide. The suit seeks triple damages under the Federal anti-racketeering law. No amounts were specified.

The plaintiffs say they did not get the health coverage that they thought they were selecting because the company did not disclose incentives to doctors to deny care.

Joseph Sellers, a Washington lawyer who represents the plaintiffs in Miami, said the suit did not question whether managed care was a good idea or whether cost should be a factor. Instead, the suit contends that there was a ”breach of trust” because plan members thought that medical guidelines would solely determine their treatment.

Source:
Humana Sued in Federal Court Over Incentives for Doctors