Insurance Agent Forum

[upicinsurance.com]

Anyone thinking about going with this FMO... do your research.

[healthagent]

The best thing you can do if indeed you can prove they owe you money is to file in your small claims court.

This typically costs around $25 and the beauty is they have to fly someone out to your state to appear.

Also, small claims court doesn't operate the same are large claims where everyone can drag through the mud for months and years.

It's simple - postponements are rarely granted due to the tight schedules so if they don't show that's default judgement for you.

Class action is a pipe dream.

[Mr. Bill]

Ah, and I wonder whether there's any way to bring the state DOI into the small claims lawsuit, since it's obviously allowing such business practices to continue. What about the department of corporations? The more the merrier, perhaps?

[GreenSky]

Here's the issue with the release - you'd have to name the insurance carrier as they are party to the agreement. Remember, it's not contractual with you, it's a contract between the FMO and the insurance carrier.

So let's assume you sue and win. Now the carrier can say you're a troublemaker and won't reappoint you. This is what happened with WellCare and me. I raised such hell about RB Insurance (Bob Bever) refusing to release me - and he never releases - that WellCare sent me a termination notice.

The company does not care about you, they care about the FMO.

However, because of Parker specifically, Humana has instituted a "program" where if your FMO does not grant a release, you can ask Humana for a release and it will be granted with a 30 day wait.

Good luck. You might win the battle but lose the war.

Rick

[upicinsurance.com]

Great idea on the small claims court. That would certainly be worth it to me knowing they had to fly up just to show up for court. Yeah, I know where your going Rick... if it didnt cause problems with the carriers, what FMO would want you after that??? Apparently Parker owes a lot of agents and I certainly dont see a problem with bringing them to small claims to get what your owed. Class action might be a little much. It would be great to see them have to pay for the way they treat their agents. Certainly think any jury would sympathize with the little guy.

Alex

[SportsNut]

Originally Posted by upicinsurance.com

Great idea on the small claims court. That would certainly be worth it to me knowing they had to fly up just to show up for court. Yeah, I know where your going Rick... if it didnt cause problems with the carriers, what FMO would want you after that??? Apparently Parker owes a lot of agents and I certainly dont see a problem with bringing them to small claims to get what your owed. Class action might be a little much. It would be great to see them have to pay for the way they treat their agents. Certainly think any jury would sympathize with the little guy.

Alex

The problem with this approach of small claims is that in MOST contracts it states when, where and how any dispute or claim will be handled... Such as, "Any legal dispute shall be handled by arbitration in lieu of legal filings" OR "All legal filings and disputes shall be ajudicated by the laws of _____ (being the home state of the FMO)"

Any jugment issued as a result of a filing in small claims court or expense to the FMO could be considered as tortuous interference and costs relevant to such actions could be recoverable by the FMO, since the agent is a party to the contract that states when, where and how legal issues are to be handled. Your choice to do otherwise violates the contract terms and they could be easily deemed to be eleigible for damages from you for such a filing.

I'm NOT an Atty, but before you file such a suit, I suggest you consult an Atty with your FMO contract in hand.

[patch36]

Originally Posted by GreenSky

Here's the issue with the release - you'd have to name the insurance carrier as they are party to the agreement. Remember, it's not contractual with you, it's a contract between the FMO and the insurance carrier.

So let's assume you sue and win. Now the carrier can say you're a troublemaker and won't reappoint you. This is what happened with WellCare and me. I raised such hell about RB Insurance (Bob Bever) refusing to release me - and he never releases - that WellCare sent me a termination notice.

The company does not care about you, they care about the FMO.

However, because of Parker specifically, Humana has instituted a "program" where if your FMO does not grant a release, you can ask Humana for a release and it will be granted with a 30 day wait.

Good luck. You might win the battle but lose the war.

Rick

Actually it is a 90 day wait. You have to send the request to agentsupport@humana.com and title your request 'Delay Release Request'. State your name, SAN, FMO you want released from and a brief statement. They send it to the account rep who processes it very quickly and they send a letter to Parker stating they can release immediately or it will be automatic in 90 days from the date of the letter.

I think Parker owes Humana money, so they are keeping them hanging on as an FMO. I hear their agents went to their own Humana customers last year and switched them to CIP SNP to get a new commission, creating chargebacks.

I had my commissions transfered and have always been paid direct by Humana. Now I am fighting for a release so I can go MECA with Humana next season. I will be automatically released in a couple months.

[xrac]

Originally Posted by healthagent

The best thing you can do if indeed you can prove they owe you money is to file in your small claims court. This typically costs around $25 and the beauty is they have to fly someone out to your state to appear. Also, small claims court doesn't operate the same are large claims where everyone can drag through the mud for months and years. It's simple - postponements are rarely granted due to the tight schedules so if they don't show that's default judgement for you. Class action is a pipe dream.

Healthagent you are showing your age. Inflation has caught up with small claim cost here in Indiana.

The fee is $76.00 for first defendant then $10.00 extra for each defendant after that. There will also be a $13.00 fee collected for sheriff services .- Do not include this in any monetary amount that you are asking for.
The limit to file for an individual is $6,000.00. For a corporation without an attorney the limit is $1,500.00.

[CompanyMan]

Is anyone familiar with the TAG/Parker relation as far as Humana? Before my well battled release finally came, I would get statements from them, sometimes they would say Parker and Associates. As far as a suit against them, I believe it would be a possibility because of the wording in their contract, which basically states the agent is working for them and the "services they provide...". I would say it is a breach of contract when you have documentation nobody will call you back for four months. It was a lesson, it's costing me $400/month in renewals.

[patch36]

Parker goes by several names. One I am running across is USA. Don't know TAG.