KEY ELEMENTS OF THIS INSURANCE COMPANY FRAUD
Who: Assurant / Assurant Employee Benefits / Union Security Insurance Company, Assurant, Inc. / (fka ~ Fortis Benefits Insurance Company / Fortis, Inc. (Insurance and Banking New York, New York) and Lead Representative and company President / CEO named Robert B. Pollock (New York, New York) have perpetually denied the functional and operative Long Term Disability (LTD) insurance policy benefits and obstructed justice from Joyce Ackerman (the insured beneficiary), and her family, as "inhabitants" of the City of Dayton, Ohio, U .S. A.
In addition, these insurance case matters are possibly against all citizens of the United States of America who engaged in "legally binding written contracts" and 'business of insurance' matters, which are enforced by a court of law.
What: Assurant bad faith insurance activity with malice against an insured party and theft of a legal "right of action" to a jury demand in a court of law. A breach of a valuable Long Term Disability (LTD) insurance policy contract while engaged in the 'business of insurance', and the "theft" of 'serviceable' and 'timely' Long Term Disability (LTD) disability insurance benefits product. The Long Term Disability (LTD) policy monetary benefits were not paid for nearly 22 months, yet the insurance policy clearly states, within the text and controlling terms of the policy, that benefits are due to the "insured beneficiary" upon satisfying a 90 days qualifying period" (Occupational Test or Earnings Test).
The 'insured beneficiary' satisfied both Test, and in addition and still remaining within the policy is a controlling term which states; "If it is not reasonably possible to give proof on time, we will not deny or reduce your claim if you give us proof as soon as reasonably possible" (Page 21 of policy). Other insurance benefits claims still remain open to this day as being incomplete and without due service.
In order to get remedies of relief to these matters of 'insurance company fraud and bad faith', the insured beneficiary, now as a 'legal party', and needed to sue the insurance company in a court of law, with a timely expressed 'original instant action' to a "jury demand" for a "trial by jury" action.
However, the legal representatives of the insurance company "removed" the state court legal case matters carrying state law claims and a paramount "jury demand" to the federal courts. This 'removal' includes a two federal questions; 1) claims of diversity (Legal issues between two parties from different States within the United States are involved), and 2) upon an inappropriate and empty federal provision called the "Employee Retirement Income Security Act", "ERISA"; pursuant to an alleged knowing and wilful scheme and attempt to "terminate" the trial courts 'mandated action' to expedite a timely jury demand for a "trail by jury".
Important Facts for a Jury Trial: The Plaintiffs show cause to a "preponderance of evidence" that demonstrates the insured beneficiary and legal party of this individual and unique LTD insurance policy is specifically; 100 % vested / voluntary to purchase, and expressed to be an "excess benefit" plan, without any and all text to a "Statement of ERISA Rights". In addition, the insurance benefit policy is uniquely and completely "null and void" of any applicable written or expressed "common words" and language text of the term "Employee Retirement Income Security Act", "ERISA".
This LTD policy of the insured beneficiary and legal party is complete null and void of any valid notification, disclosure, expressed controlling terms with language text, provisions of law, acronyms or common words of a "Statement of ERISA Rights" directly expressed to the insured beneficiary / Legal party. The text of the term "Employee Retirement Income Security Act", "ERISA", is completely null and void from the start of the marketing period of LTD policy by Fortis Benefits insurance Company (Defendant), at the time of purchase, during the claim process and denial letters, and after a claim payment, up until the legal matters were initiated by the Plaintiff as the insured beneficiary / legal party).
Theses case matters of the federal provision called the "Employee Retirement Income Security Act", "ERISA" are alleged to be illegal acts at the American taxpayers of the courts expense. This alleged illegal performance includes "false statements" an "false claims" of the text "Employee Retirement Income Security Act", "ERISA" by the insurance company representatives against the insured beneficiary.
The court is without the first ink drops of LTD policy "controlling terms" to the "Employee Retirement Income Security Act", "ERISA" text for interpretation or finding of facts for future conclusion of law. The insurance company legal representatives have allegedly forged; fabricated and perpetrated the empty federal provision "Employee Retirement Income Security Act", "ERISA" against the insured beneficiary,and the American courts. And with delay comes a measurable violation and obstruction of justice to the insured party's 'serviceable' remedies of relief in a court of law with a jury of their social peers to determine all genuine legal issues of disputed material facts of the case. Now 16+ years of perpetual litigation without the start to the "instant action" to a jury demand for a trial by jury.
These defense strategies are clearly an intent to an overt act of treason and capital crime violation against the valuable text expressed within the Constitution of the United States Bill of Rights Seventh Amendment for a preserved "Jury in Civil Cases", and against The Ohio Constitution; Bill of Rights Section 5. Trial by Jury. A violation against the insured party and possibly all other American citizens who may seek proper access, privilege, and substantial legal right to a "jury demand" for a trial by jury upon claims of insurance company fraud and "bad faith".
The Plaintiffs do not waiver their right a trial by jury, nor is there any legal merit to any language text for 'findings of facts by the court' of a provision of law termed called the "Employee Retirement Income Security Act", "ERISA".
Assurant / Assurant Employee Benefits / Union Security Insurance Company, formerly known as Fortis Benefits Insurance Company / Fortis) is the clear "Underwriter" and "Plan Administrator" of this specific LTD insurance product. The delivery postage of the LTD insurance product was paid and mailed by the insurance company named Fortis Benefits Insurance Company / Fortis (nka Assurant Employee Benefits / Union Security Insurance Company).
Therefore, the term Employee Retirement Income Security Act (ERISA) is substantially "null and void" for any 'findings of facts by the court" or provisional application in any court of law. (Without prejudice a trail by jury must proceed. ~ Emphasis Added for good cause.)
Where: Dayton, Ohio. The insured party lives in the city of Dayton, Ohio (Montgomery County, Ohio). Also applicable to a 'legal battle zone' the Dayton Municipal Court, Montgomery County Common Pleas Court, the Second District Court of Appeals of Ohio, the Ohio Supreme Court, and Federal District Court of Southwestern Ohio, (Dayton, Ohio), the Sixth Circuit Court of Appeals, and the Supreme Court of the United States, where these acts of alleged; insurance company fraud, perjury, and "fraud on the court(s)" have taken place.
These court venue locations show cause to "fraud on the court", with alleged criminal activity, which has protected the insurance company whom knowingly and wilfully forge; fabricate, perpetrate and solicited the "textually expressed" common words and statements of the "Employee Retirement Income Security Act" language against the courts, while illegally "seeking approval" of a 'federal financial shelter' and hiding from a "trial by jury" with monetary damage, as prescribed by the hierarchy of State of Ohio and Federal Constitutional laws and statutes.
Note: Upon numerous request to Local, State and Federal government representatives, along with efforts to petition intervention from the community law school (University of Dayton), there still remains no actions to be supportive to correcting the paramount procedure deficiencies in the court(s) of law. Not a single "friendly letter" to the Ohio Attorney General, or the Supreme Court of Ohio, or the Supreme Court of the United States, on behalf of "supporting" the State and Federal Constitutions. However it clearly appears the these individuals and groups are "adhering" to the insurance company "giving aid and comfort" to the insurance company's effort to terminate the American legal standard and Ohio legal standard to a "trial by jury" as the rule of law. A seditious conspiracy or treason?
When: The once healthy insured legal party (Joyce Ackerman) incurred a medical disability beginning in April 1996 with a sudden neck paralysis while attempting to get out of bed to start her day. She was transported to the hospital and diagnosed with a possible neck and spinal related injury. The cause of her condition is unknown and speculative, and requires daily physical activities and medications. To this day she continues to experience numbness of hands and feet, chronic head aches and neck pain along with many days of chronic fatigue and IBS.
Unable to work constantly and taking heavy prescribed drug medication she was not permitted to return to work. An insurance policy claim was filed by the insured beneficiary for peace of mind, financial protection, and rehabilitation. However, a denial of the insured party's' Long Term Disability (LTD) timely benefits were delayed for nearly 2 (two) years.
How: Fortis Benefits Insurance Company, Fortis (now called Assurant Employee Benefits / Assurant / Union Security Insurance Company) failed to pay monetary benefits, and failed to begin a rehabilitation review at best of the insured party in a timely manner (90 days /1996), and still remain in perpetual bad faith actions up to this present date. The insurance company and their legal representatives are also alleged to knowingly and willfully forged; fabricated and perpetrated (ORC 2913.01(A)) of the term "Employee Retirement Income Security Act", (in "writing" (ORC 2913.01(F)(G)) against the legal parties, both the State and Federal courts and the American taxpayers of the courts.
The insurance company's bad faith actions remains in progress today with acts of breach of contract, theft of service, insurance fraud, and further leading to fraud on the court against the insured party's' wellbeing and their American Constitutional access, privilege and right to a "trial by jury", as prescribed by State and federal law, pursuant to a "Jury Demand" made by the plaintiff within the "original pleadings" within the Common Plea Court of Montgomery County, Ohio at case No.s ~ 2000 CV 01472 and 2003 CV 09499 /with a Jury Demand.