Do Breach of contract laws no longer exists, or simply too many loop holes ?

Question

If a pesron pays premuims to a company for life and health insurance that he/she was employeed with should not the claim be honored ? Could this be the signs of facsism gone to "seed" in this country (USA) ? Check Yahoo Finance Report. Employers use federal law to deny benefits

Saturday July 5, 11:31 pm ET

By Mark Sherman, Associated Press Writer

Workers -- and some judges -- frustrated in legal fights over benefits with large employers

WASHINGTON (AP) -- Dying of cancer, Thomas Amschwand did everything he was told to make sure his wife would collect on the life insurance policy he had through his employer.

"He was obsessed with dotting every `i' and crossing every `t'," Melissa Amschwand-Bellinger recalled about her husband, who died in 2001 at age 30.

Amschwand-Bellinger received a refund of the few thousand dollars in insurance premiums she and her husband dutifully had paid. The total, she said, would not cover the costs of his funeral.

Answer 1

Ronald G's site is spam and it puts a virus on your computer.  

Laws still exist under the UCC.  However our Congress is paid good money by big business to pass laws making it ever harder for ordinary people to not get screwed.  Bush's courts are also friends of big business and taking away right from the common people.

Answer 2

Breach of contract laws still exist. The courts and our congress is doing its best to take away our rights and property. They steal our land ( in eminent domain cases) steal our money ( taxation without representation) and steal the qualities of our lives (devaluing the dollar.) It is a sad commentary when you do everything to protect your family, and then they are left high, wide and dry. It's disgraceful. Perhaps that is why more Americans are moving out of the USA every year. Every time I open a newspaper, I want to vomit.

Answer 3

ugh the loopholes that exist in our legal system today!! i cannot get over how aggravating that is. unfortunately, many companies like to hide some of their rules in the very very small print and we end up paying the price (literally). many times, it also depedns on the manner of death when you're talking about life insurance, or a whole host of things with health insurance; the majority of health insurance companies will not cover anything cosmetic, and sometimes if the injury or illness is brought on by the person himself, they can refuse coverage (there are so many fine lines here, i wouldnt even know where to start!) healthcare and funeral costs, in my opinion are two of the most outrageous costs in america. i went into medicine wanting to treat my city's homeless population for, obviously, no charge, and the more i  learn about hospital and insurance clauses, the more difficult a task it seems to be, which deeply saddens me. even though many companies could donate medical supplies, allowing us to dispense free medical care, (and hey, cant i just go out there with my stethoscope and some tongue depressors and do a vague check-up? im only half-kidding) it still just isnt an option when the higher-ups hear about it. but, i digress....

Answer 4

Breach of contract laws still exist.  The only basic loophole, is when the "agreement" is illegal.  You can't "agree" to exempt yourself from the law.

I think you need to look up the definition of "fascism".  Because  the USA is a capitalist system, not a fascist system.  CUBA is an example of a fascist system, so I think maybe you're not sure what the difference is between those two systems.

Keep in mind, an employer is USUALLY not allowed to sell health insurance.   They offer access.  They are SUPPOSED to add the person to the group policy, and turn over the premiums to the insurance company.  They also pay towards the premiums, also.  They don't have the AUTHORITY to "bind" coverage.  So if the employer embezzles the funds, and never adds the person on to the health insurance policy, why would you expect the claim to be covered?  The EMPLOYER breached the contract.  The EMPLOYER is on the hook to pay the "claim".  NOT the insurance company!!

I've seen this case.  I haven't heard if the employer was sued or not.  I HAVE heard that the insurance company was sued.  Clearly, the insurance company won, because THIS GUY WASN'T INSURED!!  In MY opinion, the EMPLOYER should be on the hook for the benefits.  There is even an insurance coverage that employers can buy, for times when the HR department screws up like this - called Employment Benefits Liability Coverage.

If they only sued the insurance company, that's why they lost.  If they sued the employer and lost that one also, maybe it's because someone screwed up in prosecuting the case.  Kinda like OJ Simpson, getting off the hook, when everyone KNOWS he did it.