A little more on EXTORTION
Cf. Civil Use of Rico Laws
Date: Fri, 07 Aug 1998 09:32:29 -0400
From: judy morris
Just a few teasers until I actually have time to thoroughly review these
> US v Ward defines Extortion as follows: "The term 'extortion' means the
> obtaining of property from another, with his consent, induced by wrongful
> use of actual or threatened force of actual or threatened force, violence of
> fear." Basically the same as Valenzeno.
> "The term 'wrongful' as used in U. S. C. 1951 (b)(2) means that the
> defendant has no lawful claim to the money demanded from..." That
> definition further clarifies the meaning of extortion or at the very least
> reinforces it.
Remember the insurance companies will claim that OUR LAWFUL RIGHT to the
money hasn't been determined. THEY ARE LYING (what else is new).
ALL INSURANCE LAW STATES THAT AMBIGUITIES IN CONTRACT LANGUAGE OR
INTERPRETATION MUST BE FOUND IN FAVOR OF THE INSURED. I have not found
ANY exceptions to this rule.
SO if the claimant and their doctors, and sometimes even their insurance
agents think the claim should be paid, and UNUM is the ONLY one who
disputes this, isn't that PRIMA FACIE (that's legaleze for "obvious")
evidence of AMBIGUITY. I.E. the insurance company has a LEGAL DUTY TO
PAY CLAIMS AND BENEFITS up to and until a COURT DECIDES THEY don't have
to. KEEPING THE MONEY AND FORCING US TO SUE FOR IT IS EXTORTION.
Have I managed to convince any of you lawyers of this yet. Read a few
extortion cases. It's obvious. UNUM and many insurers HAVE CROSSED THE
LINE between agressive claims management and CRIMINAL EXTORTION. OKAY?
Yes, if they want to argue, they have a right to have a give and take
and work WITH THE CLAIMANT and their doctors. BUT outright stonewalling
and forcing litigation IS EXTORTION.
The ONLY way they can get out of paying these claims at the time they
are filed and up to a time a court can determine whether the claim
should have been paid is if they FILE FORMAL FRAUD CHARGES. IF they do
this and the charges are dropped they will be countersued for malicious
prosecution. They can't just IMPLY we are frauds (malingering is the
same thing) to keep us from our money. That, once again, is you know
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Created: August 08, 1997
Last Updated: May 28, 2000