On topic e-mail from Cyber Vigilante,
printed here with permission.
From kana@fcol.comWed Nov 25 02:00:37 1998
Date: Tue, 24 Nov 1998 16:57:13 -0500
From: Jim & Paula
Malicious prosecution question. Anyone on the list have an answer?
--
Come "You're In Bad Hands With Allstate" (and others)
at http://www.insurancejustice.com
and find out why you're NOT insured
Date: Tue, 24 Nov 1998 04:01:03 -0500
From: Michael C Jordan
To: "kana@fcol.com"
Subject: Allstate appeals attorney fee award
I am a lawyer who recently won an auto liability case against Allstate.
In our jurusdiction arbitration is mandated in smaller cases. We won a
jury trial after Allstate appealed an arbitration award. We received more
money from the jury than the arbitrator awarded. In our jurisdiction, when
that happens the party appealing arbitration must pay attorney fees. This
is to encourage parties to abide by arbitration decisions in smaller cases.
The judge awarded us attorney fees equal to the judgment.. Allstate has
paid the jury award but tells me that they are going to appeal the attorney
fees. I think that this is an example of Allstate's vendetta against
people who hire attorneys to prosecute their cases and any attorney who
dares fight them. My story is unusual because I actually won more than the
arbitration award. In most cases this does not happen because Allstate
puts on the full court press at trial and drives costs of litigation up to
a point where a lot of clients and attorneys cannot afford it.
If you are an attorney out there, I am considering an action for
malicious prosecution in regard to the appeal. Usually malicious pros. is
used when a party files a groundless lawsuit at the trial level, but I do
not know why it could not be used for an appeal. Any thoughts on this?
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Subject: insurance
I have had a similar experience of the Florida DOI completely ignoring
me and beleiving the lies of my insurance company. I have also put up a
web page. Insurance companies are becoming ever more lawless, but the
media and the insurance commissions are silent or bought off.
While looking into a problem of my own on the Internet, I was led into
wider and wider avenues which caused me to believe that the "churning"
debacle of Prudential may not be the last story this decade of a major
insurance carrier gone rogue.
Within a short time I became convinced that Allstate Insurance Company
is intentionally delaying or illegally denying payment of claims, well
beyond the statute of limitations, and thereby legally ripping off
thousands of Americans to the tune of millions and millions of dollars.
They also appear to be forcing all "uninsured motorist" claims into
arbitration, at the cost of the insured. Both practices are in violation
of the "bad faith" covenants in most states.
In addition, evidence we have uncovered clearly points to a systematic
pattern to defraud those Allstate considers "powerless" to fight a claim
delay or denial, such as the poor, recent widows, minorities, disabled
vets, the uneducated, and the like. There is also evidence of other
crimes by this company, from political influence peddling to postal
fraud to strongarm tactics.
The nationwide generality of many of these practices can be verified at
most county courthouses, as outlined below.
As part of my own experience, I submitted a claim to this carrier nearly
two years ago, and have since only received varied and changing
explanations for the delay in payment.
I went on the Internet to research this and discovered two websites
whose owners had similar difficulties. They, in turn, had been sent a
great deal of email from other claimants who had also suffered
incredible delays in payment, along with meeting various lies, tricks,
and illegalities. This included letters from Allstate company employees
which apparently verified claim-delay as a general practice. We also
have a letter from an attorney, along with his phone number, alluding to
a massive defrauding of motorists.
Two of the website owners have gone to their county courthouses to look
into this company and found hundreds of cases, delayed for years, for
what appear to them to be spurious reasons. Far more delayed cases than
would be expected as a percentage of market share. And those cases that
were settled after very long intervals, were often for miniscule amounts
which, after legal fees, may even represent a loss.
I started my own website, and have received similar email from people
all over the country, who have not even sought legal assistance. A
lawyer friend has warned me that these long delays, with excuses, may be
a way of getting past the statute of limitations for filing a "bad
faith" claim. At that point Allstate can act with virtual impunity,
practicing bad faith legally and delaying for further years until the
claimants simply give up or settle for very little. Judging by the
letters I have received, many have.
It is my beleif that there is a widespread and purposeful pattern by
this company of stalling claims. And that this especially occurs, in
what seems an almost purposeful selection, with those who have little
ability or knowledge to mount a legal challenge: the poor,widows,
minorities, or anyone Allstate considers "weak". These people are
stalled until they quit, settle for very little, or even die. And in
those rare cases of full payment, Allstate has still earned millions on
the float of the funds they owed for years but did not pay. I have
contacted my elected representatives about this matter, but they appear
disinterested. Although I suppose they would perk up a bit if I could
offer campaign contributions as large as those lavished by insurance
companies. Even some state insurance commissions appear to be very
unreceptive, and large campaign contributions by Allstate to some of
their races may have something to do with this.
Many of my informants are former or current Allstate employees, and you
can read their testimony in the "horror story" link of my website. This
company is guilty of Massive illegality, planned from the very top.
We also have testimony regarding many other forms of wrongdoing, some of
which appear to be grossly illegal, along with news about class action
suits soon to be filed regarding some of these matters. I realize the
letters we have received are anecdotal, but county records are not. And
I feel that these counties will not prove to be exceptional if this were
to be researched further. In my opinion, this may be a problem of even
greater scope than that of Prudential's. My story and that of others,
along with links to other websites, can be found at Cyber Vigilante, at:
Cyber Vigilante: http://www.geocities.com/WallStreet/Floor/7056/
Since this is the Web I have had to use a bit of showmanship, but I
believe what I have is honest, and hope you find the information of
value, or at least a good starting point for further inquiry.
Yours,
Paula Moran
Franklin, NC
Come to Cyber Vigilante
Home Page
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Email me, Bill Hammel at
bhammel@graham.main.nc.us
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Created: 1997
Last Updated: May 28, 2000