by MaxHerr » Tue Dec 08, 2009 02:50 am
There's a little disagreement over the subject of who must sign a life insurance application and related forms necessary to complete an application for insurance (such as HIPAA consents, HIV testing, etc.).
An otherwise anonymous poster on another thread would like to insist that he can obtain $1,000,000 of life insurance on a proposed insured without the knowledge and consent of the proposed insured.
My contention is that whether it appears explicitly in the insurance code of a particular state or not, in the law of contracts requires the parties to the contract to sign the contract in order for it to be legally in force. Since the insured is a party to the contract, whether he likes it or not, he must answer the various questions in the application (or supply the requested personal information) and attest to their accuracy being "true and complete to the best of my knowledge" (a representation). A third-party owner signs the application to acknowledge his insurable interest, which is a requirement of most if not all Insurance Codes.
Most insurance codes, if not explicitly referring to the insured, infer equivalency between the term "applicant" and "insured". For example, the California Insurance Code (799.03) requires that [for life and disability income insurance] "(a) An insurer that requests an applicant to take an HIV-related test shall obtain the applicant's written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicant's execution of the consent, the insurer shall:
(1) Provide the applicant printed material describing HIV, its
causes and symptoms, the manner in which it is spread, the test or
tests used to detect HIV or the HIV antibody, and what a person can
do whose test results are positive or negative.
(2) Provide the applicant a list of counseling resources
available, where the applicant can obtain assistance in understanding
the meaning of the test and its results. The list may be provided
from publicly available information.
It is clear from the context, that the Code is referring to the insured, not a third-party applicant/owner whose insurability is not in question. We know that insurers have, for the most part, incorporated such consents within the application, or in additional forms that are made a part of the application. No signed consent, no insurance. Unless the insurance amount is small, say $50,000 or less, the majority of insurers utilize saliva, blood, or urine testing for HIV/AIDS.
Various state and/or federal laws also require informed consent of the insured under a COLI/BOLI policy applied for by their employer, particularly when the beneficiary will be the employer and not a person of the insured's choice, such as when the policy is being used to informally fund a nonqualified employee benefit plan.
Please share your thoughts.
An otherwise anonymous poster on another thread would like to insist that he can obtain $1,000,000 of life insurance on a proposed insured without the knowledge and consent of the proposed insured.
My contention is that whether it appears explicitly in the insurance code of a particular state or not, in the law of contracts requires the parties to the contract to sign the contract in order for it to be legally in force. Since the insured is a party to the contract, whether he likes it or not, he must answer the various questions in the application (or supply the requested personal information) and attest to their accuracy being "true and complete to the best of my knowledge" (a representation). A third-party owner signs the application to acknowledge his insurable interest, which is a requirement of most if not all Insurance Codes.
Most insurance codes, if not explicitly referring to the insured, infer equivalency between the term "applicant" and "insured". For example, the California Insurance Code (799.03) requires that [for life and disability income insurance] "(a) An insurer that requests an applicant to take an HIV-related test shall obtain the applicant's written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicant's execution of the consent, the insurer shall:
(1) Provide the applicant printed material describing HIV, its
causes and symptoms, the manner in which it is spread, the test or
tests used to detect HIV or the HIV antibody, and what a person can
do whose test results are positive or negative.
(2) Provide the applicant a list of counseling resources
available, where the applicant can obtain assistance in understanding
the meaning of the test and its results. The list may be provided
from publicly available information.
It is clear from the context, that the Code is referring to the insured, not a third-party applicant/owner whose insurability is not in question. We know that insurers have, for the most part, incorporated such consents within the application, or in additional forms that are made a part of the application. No signed consent, no insurance. Unless the insurance amount is small, say $50,000 or less, the majority of insurers utilize saliva, blood, or urine testing for HIV/AIDS.
Various state and/or federal laws also require informed consent of the insured under a COLI/BOLI policy applied for by their employer, particularly when the beneficiary will be the employer and not a person of the insured's choice, such as when the policy is being used to informally fund a nonqualified employee benefit plan.
Please share your thoughts.
Posted: Tue Dec 22, 2009 11:46 am Post Subject: insurance
Anyway..........I've gotten alot of great, USEFUL information from MAX (on this Forum) and my Insurance REP. REALLY starting to get some things together, for myself (Insurance wise, I mean) and feeling a bit more secure about providing for my son, etc.
Posted: Tue Dec 22, 2009 11:51 am Post Subject:
That's great. I just hope that he is now the beneficiary of the life insurance or a trust is the beneficiary. It just can't be your friend if you are trying to benefit your son.
Posted: Tue Dec 22, 2009 11:58 am Post Subject: insurance
It's very funny that I'm getting responses from...WHOEVER you are, again. I don't know WHO you are and that's scary. I guess you don't mond 'preying' on people, on this Website. As I said...I was asked ALOT of questions on where my money was going and THEN then 'link' on my Yahoo mail?! You kep 'probing' and 'probing'. I think what I need to do is make some kind of complaint about this Forum, if they don't do anything about people like you. I hope you're not 'preying' on other people......God Help You if you are!! All I have to say is 'what goes around, comes around'. I didn't appriciate the 'email' ( trying to get DETAILED Insurance information from me). I think you need to stop your games now.
Posted: Tue Dec 22, 2009 12:22 pm Post Subject:
I've told you many times who I am. I am Insurance Expert. I'm not hiding my identity. For some reason, it makes me log in every time and doesn't remember me and I'm too lazy to do so.
You should be thanking me because if it wasn't for me, your money would go to your friend and not your son.
You don't like the e-mail and I don't like the accusation. I've never e-mailed you and I never would. How would I even have your e-mail address?
I'm not a game player. I simply respond to your responses. Sorry that you don't like them. The truth often hurts.
Posted: Tue Dec 22, 2009 12:47 pm Post Subject:
SDcharger,
I'll make your day and stop posting. I have nothing to gain by posting here.
Posted: Fri Jul 12, 2019 01:01 pm Post Subject: sexy russian women
Why you swipe right for some and not others
"OkCupid users are no more open minded than they used to be. contrary, Racial bias has intensified a bit, He wrote on his blog.christian said all the dating data he'd seen fits the same pattern:Black folk and Asian men get short shrift,around australia, Dating site RSVP does an annual study to gauge conduct to dating.while in 2016, They questioned nearly 4,000 aussies. It showed while four out of five people said what are the real date outside our own race, Only half perhaps had,Racial bias feeds into each aspect of our social lives, he explained,So you will find that we would find the same types of racial inequality that we see in society broadly, In people's sexual and affectionate lives as well,No one likes to be called a racist but the truth is that we are living in a world that has russian brides been, for centuries, One based on systems of racial inequality so it's the legacy of those systems that we're seeing engage in today and exist in our private lives,and racial bias is "Highly popular, Denton said his research showed that very few gay and bisexual men made that preference explicit in their uniform dating profiles about four percent.It generally manifests in more subtle ways, according to Denton, Like not replying to a message from someone in the list of racial groups you never fancy,People know that's going on. When I interviewed men about their experiences with sexual racism, mostly they discussed these very periphery, challenging to see, Hard to identify feelings of exclusion characterized their online experiences,Denton said his studies have found guys who rated low have come from historically marginalised groups.He surveyed nearly 2,000 men across Australia asking them to rank how attractive or ugly they found particular racial groups. White people were rated the best looking. the particular were Asian, indiana and Aboriginal and Torres Strait Islanders,That to me represents really compelling evidence that that isn't a matter of preference because if this was a matter of preference you would expect a degree of randomness, he explained.Asian women fetishised Certain racial groups become among masculinity and some with femininity Asian women fit into this category, according to Denton.Chinese aussie woman Emma told Hack men assume she will be "smooth, Shy and modest" But she says she's anything but.I have known men to identify as encountering 'yellow fever', She suggested,I have a limited good male friends of mine who joke about it,Emma said there's also a fetishisation of Asian woman that's uncomfortable,you can have costumes for sale with a very tight, Very short cheongsam which is a Chinese dress that includes hair chopsticks. It's that kind of fetishisation that perpetuates a belief that we're something to be desired,In sexually graphic, lots of the actors are white,Where you do see actors of colour introduced, It's not on the same arena as the white actors race then becomes a feature of the porn storyline, Denton stated.
Posted: Thu Jul 25, 2019 07:33 pm Post Subject:
Victim of ambiance scam cheated out of
BALTIMORE These are feelings numerous can relate to: needing to meet someone, Not knowing one way to go about it, But tired of being lonely.
A Maryland woman finally decided she would give online dating service a try. at the beginning of summer, She met an adult man on Tinder who claimed to live Baltimore.
She learned he was in Paris working as an interior decorator. over several weeks they spent hours texting, Chatting on the iphone, Even video talking. He was those same man she saw in the photos on the dating app. Tomas Haysbert sent flowers to her office and even a ring from the net jeweler.
"He's a seamless guy, He says the proper things, It made me feel happy, She stated.
This woman doesn't want to be identified because she doesn't want friends members to discover that this perfect man on the dating app would deceive her into sending more than $75,000.
"it's stupid, i'm not dumb, But you know it would happen to anyone believe me, She believed.
the particular con
Haysbert told the woman that he was experiencing difficulty at work. He'd deplete all of your funds to finish a project and needed her to accept a package containing $400,000, Documents and jewelry that he kept with a security company in China for household emergencies.
A company called Speed Logistics emailed the woman prompting $4,800 to ship the parcel. Later she received another email from Mary Sudeikis with Speed Logistics stating they would want $16,300 for a diplomatic pouch to customs. The package was shipped from Hong Kong to take pleasure in the.
Then an additional email: "We had to do full disclosure due to the new BREXIT laws in britain.. A duty of $52,670.00 has been imposed on your transport,
She paid additional $500 in late fees and was contacted once more when the package was held up in Mexico.
"They were saying basically because had to pay for the (circumference) outlet, whichever, Then we required to pay $152,000 and i said, 'that's of which. I do not own anymore money,' " The mother said.
in appearance back, She doesn't think there has ever been a package.
She lost surrounding $75,000. FBI Special Agent Keith Custer said that's around a typical loss for romance scam victims.
"So rrndividuals are losing that amount everyday, Custer had to talk about.
He added these kinds of crimes are underreported, challenging to prosecute, And happen all constantly.
"We have information potentially they are almost sweatshops overseas, in most cases in Nigeria, Where someone kind of has a game plan or script and they have a number of people underneath them working off this script, Custer defined.
And the probability of someone getting money back is very slim.
"Twenty four hours after it's left the report, If we don't need it, It's usually not coming back, defined Custer.
it you'd never fall for it, Even judge individuals who do, But the crime is more elaborate and the harm is much more monetary.
"a person understand, To trust a guy, It's usually very hard. I think it's better to be alone than to find somebody on the web, The women said.
based on Custer, could possibly $100,000 threshold for the FBI to open a dedicated search. in spite of, Victims should still file a report through the
FBI Internet Crime grouse Center
Research the person's photo and profile using online searches to see if the material has been utilized elsewhere.
Go slow and ask lots of subjects.
Beware if the individual seems too perfect or quickly asks you to leave a dating service or Facebook to go "real world,
Beware if the individual attempts to isolate you from friends and family or requests inappropriate photos or financial information that could later be used to extort you.
Beware if the personal promises to meet in person but then always comes up with an excuse why latamdatereviews.wordpress.com he or she can't. If you haven't met the person after a few months, for reasons unknown, You have great reason to be suspicious.
Posted: Sat Aug 10, 2019 08:59 pm Post Subject: CHARMDATE SCAM
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[manager remark: it becomes an article including Century ireland, A fortnightly about the journal, printed on the mindset of a reporter 100 in years past, according to researches credit reports almost daily.].
Posted: Mon Sep 02, 2019 04:40 am Post Subject:
Half of Trump's major federal agencies still have one Senate
revision: An error in the earlier version of this article caused some confirmations to be double counted in the nominated but not yet confirmed tally. The charts have been upgraded.
president Trump has a major staffing problem. He has been web design manager for five months, And yet single ukraine ladies his agencies are severely understaffed at the top levels. and additionally, certainly no, challenge all Senate Democrats' fault.
In the valuable State Department, The Senate has confirmed only one third of positions that President barack obama had at the same point in his presidency. And that's not because, As Trump incidents, Senate dems are blocking his nominees. (democrats can slow walk committee hearings, But that they can't actually block votes.) Trump is way behind otherrecent presidents in nominating people with regard to Senate to vote on.
The State office is more settled than other major federal agencies. In over fifty percent of Trump's 15 primary executive departments, Only oneTrump appointee has been proved: The assistant who heads the agency.
This comes from new data compiled bythe collaboration for Public Service for The Post, Which reveals that other transitions were much further along next. and perhaps that's how Trump wants it.
The numbers, Gatheredasof Friday, Show Trump has taken action on about 120Senate confirmable positions at the major sectors. His three immediate predecessors had all nominated around 200 or moreby which you cannot use.
For pretty much everything tweeting about Democratic obstructionists, Trump may be looking play catch up now. by June, He's started nominating 20 active positions every week. There's actually a law that says Trump must act within a certain amount of time or risk having to leavethepositions empty without atemporary official filling in givingeven more duties tothe heads of the agencies.
While most of thepositions are not sitting vacant civil servants or holdovers from the previous governing administration stay on temporarily the backlogis leaving a cloud hanging over thefederal government and making it difficult to accomplish other treatment priorities, Say some masters.
spork Stier, The head of the business that is collecting the data, Warned that a lack of permanent appointees to head the agenciescan hamperthe efficiency of navy.
talking about why his group is collecting vacancy data, he said "marriage ceremony about big or small government. This is about making government run better, And everyone has that in their interest, whatever yourpolitical persuasion,
The inaction on md visits has prompted outcry from both sides of the aisle, WithDemocrats and Republicans asking for open positions to be filled faster. Post reportersLisa Rein and Abby Phillipchronicled this example in a story yesterday evening:
Republicans have become so alarmed by the personnel shortfall that up until recently week a coalition of conservatives complained to White House Chief of Staff Reince Priebus. "We remain very concerned over the lack of secondary and tertiary executive level amenities, They said in a letter signed by 25 prominent conservatives the Coalitions for America, Describing their concern that the leadership vacuum can create "Mischief furthermore malfeasance" By civil servants loyal to the federal government.
a large few reasons Trump is so behind in staffing his government.
to start, Inan April Fox News employment interview, Trumpindicated that he may not want to fill all the open tasks, pending restructuring or cutting them altogether. Paul lumination, A professor of public service at NYU and expert on government paperwork, Saidvacancies might not be the worst thing from the administration's point of view.
"It never hurts Trump to have agencies that cannot move. they are unable to regulate. that they can't implement, he said. "clearly completely decapitated, Light said having temporary officials instead of permanent appointees could makeit easier for the current administration to eliminate positions.
[Slow pace of Trump nominations leaves Cabinet lawyers 'stuck' in staffing limbo]
Another factor at play is thatthe administration's slow start allowed competing focus to take precedencein the Senate. company, A more combative partisan visiting team has played a role, With Democrats shipping Trump's nomineesmore "simply not true" Votes than any other Cabinet within its first several months.
But Trump is nominating this kind of career less government experience andcomplex financial backgrounds to untangle and has avoided anyone who voiced opposition to his candidacyduring the campaign.
Posted: Tue Sep 10, 2019 06:33 am Post Subject:
Saskatoon massage therapist Mark Donlevy found guilty of 2004 sexual assault
Justice Heather MacMillan Brown read out her decision thurs at Saskatoon Court of Queen Bench. She said the woman who testified earlier this month about being raped by Donlevy was credible and believable witness who did not hold anything back or manipulate evidence.She also took aim at an integral part of Donlevy defence, Which argued that it could not be said with certainty the woman had not consented to sex because there had been a of sexual practice throughout the date including consensual kissing and close dancing.Accept this line of reasoning would draw me in perilously close to girls in colombia an area that is rife with myths and stereotypes about victims of sexual assault how collectively behave, How utilised together react, Why they didn make a move differently, MacMillan darkish said.would have me buy into the myths and stereotypes that Canadian courts have repeatedly and forcefully rejected. I cannot and will not register for that line of reasoning. I won taking a trip down that path. It been barred in the past, And for a good reason.Donlevy, Who stood contained in the dock, Showed no feeling.Mark Donlevy inputs Saskatoon's Court of Queen's Bench on Sept. 7, 2018Matt Olson / Saskatoon StarPhoenix /Speaking with reporters beyond the courthouse, Crown prosecutor Cory Bliss said he was very happy with the judge reasoning and that the woman who brought the charges against Donlevy admirably in coming forward years after the incident had occurred,It needs to be clear that, of sexual assault, People have the legal right to say no, And that relates to every facet of sexual contact. as a person might agree to one form of touching, Doesn't mean they are consenting to other kinds of touching, enjoyment said.Donlevy trial on the single count of sexual assault lasted three days at the start of September. The only witness who testified was the woman who had previously been raped.Now 42 years, She testified that she met Donlevy through an online dating service in 2004, when you are she was 28. She said they met for coffee on a hot summer afternoon and then went mini golfing, To a drive in movie and then a club, the places they danced. She said she felt intoxicated at the club and asked to return to Donlevy place. once there, She testified, She told Donlevy she felt sick and desired to sleep. She said he led her to his space, took off her clothes, Forced her to perform oral sex on him and then had forced vaginal intercourse with her while she cried and told him she didn are looking for sex.She reported the incident to police in late 2016 after she saw news reports that Donlevy was facing sexual assault charges affiliated with his work as a massage therapist.Donlevy is scheduled to stand trial later this year on 11 counts of sexual assault related to his massage therapy work, associated with incidents alleged to have happened between 2003 and 2016.The defence argued there were in the woman testimony and said the woman decisions round the day including asking to go back to Donlevy place suggested she was in control of her actions.Donlevy did not present resistant in his own defence, Which MacMillan Brown careworn did not weigh into her decision.
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