I
LEAP OVER THEIR HEADS!
Straight to the Gut
A New Book by
© 2007
Query:
Attention: publishers, agents, and
screenplay producers:
Who ever heard of a chicken farmer's son from
Clarita, Oklahoma, taking on the largest corporation
in the world? Yet, this is exactly what Edward Eugene
Baskett has done in writing his book, I Leap Over
Their Heads!
Edward's writing is naturally engaging
and will grip the reader from the first page to the
last page of this controversial volume. The reader
will feel a personal connection with the author immediately,
as though she has known him all her life. Edward is
something of a mystery. To speak with him on the phone
or to meet him in person is an inspiring experience.
He is a gentle, low-key albeit colorful man. When
faced with a challenge, however, this otherwise gentlemanly
individual can recoil and strike like a rattlesnake.
Edward's writing reflects this dichotomy fiercely
and beautifully. Edward has been described as a male
version of Erin Brockovich, fighting the good fight
not for his own benefit, but for the cause of justice.
Our primary concern is to find a publisher
who will not shy away from controversy and who is
willing to negotiate in good faith on an advance.
I Leap Over Their Heads! will be a best seller
before it ever hits the shelves. Edward has a mailing
list of approximately 23 000 Christian Scientists,
Christian Science churches and reading rooms. There
is probably not a Christian Scientist in America or
around the world who is not familiar with his name.
But it is not only Christian Scientists who will be
interested in reading this book. Anyone who is interested
in the fight for social justice, anyone who has ever
felt like the "little guy" versus Corporate America
will find strength in this real life David and Goliath
story.
Potential Audiences: I Leap
Over Their Heads! will be of interest to many
people. The nature of the struggle between Corporate
America and the "little guy" is familiar to most.
In addition, this book will be of particular interest
to: Christian Scientists, The European Union, Lawyers,
Health Insurance Clients, Health Insurance Providers,
GE stockholders, GE employees, Investigative Reporters,
High School, College and University students and teachers,
Gay Activists, HMO's.
Thank you for considering "I Leap
Over Their Heads"
We also invite
you to read the first three chapters of Edward Eugene
Baskett's
e-book, "An
Accused Homosexual Looks at American Justice"
Biography:
Edward Baskett began his career in insurance sales
desiring one end: to be known as a man of integrity.
This desire stemmed from his remarkable upbringing,
a rare expression of rearing a child for greatness.
While not a Christian Scientist himself, Baskett agrees
with the essence of the Christian Science message.
His Christian Science customers truly appreciated
his service and friendship. His unique take on spirituality
feeds directly into his conviction about the tragedy
inflicted upon hundreds of unsuspecting Christian
Science health insurance holders.
This will be the second book for Edward. His first
book, Entrapped - An Accused Homosexual Looks at
American Justice (Lawrence Hill Publishing Company:
Westport, CT), has been used in some of the greatest
universities of the nation and made the reading list
of Boston University Medical School, Psychology Division.
Potential audiences for Edward's upcoming book include:
Christian Scientists, lawyers, health insurance providers
and clients, GE stockholders and employees, the European
Union, investigative reporters, high school, college
and university students and teachers, gay activists
and Health Maintenance Organizations.
Synopsis:
The book describes the David and Goliath struggle
between the largest corporation in the world, GE,
and one of the most controversial religions in the
world, Christian Science. This saga pits General Electric
and Christian Scientists against one another in a
battle complicated by corporate greed, broken promises
and unanswered questions. The result: a travesty riddled
with unclean motives and a group of trusting people
left out in the cold.
While many may view the ability to sell health insurance
to Christian Scientists as the equivalent of selling
refrigerators in the Arctic, Baskett's insight into
Christian Scientists' true beliefs dispels any potential
conflicts of interests due to divine-healing beliefs.
Edward's book will not outline the complete Christian
Science religion; however, I Leap Over Their Heads!
will address some specifics concerning the beliefs
of Christian Science.
In the midst of this already-engaging story enters
GE. A corporate giant, GE bought out the Combined
Insurance Company of America/Group Division, an insurance
firm founded by W. Clement Stone who, himself, was
reared in Christian Science. Edward Baskett represented
these health insurance policies for over twenty-five
years. Suddenly, and without justifiable cause, the
group health insurance policy for 1,100 Christian
Scientists was canceled. The hope invested in protecting
themselves and their loved ones from financial hardship
due to health problems melted away like snow in June.
The occurrence stands as an outrage, an outrage to
our sense of justice. The rest of the story describes
the extent that the undulating tentacles of GE have
choked the legislative system from freely investigating
and pursuing answers to questions yet to be addressed
in this sad tale of a mega-corporation crushing the
hopes of good people and ruining the career of a man
of integrity.
Chapter One
They Read The Figures Wrong
"They read the figures wrong."
I gripped the receiver tightly as I absorbed the
full impact of the words. I was going down…hard. I
knew it, but I couldn’t fully believe it. The last
chat had seemed so final, and I believed the whole
mess was going to work out okay. Not great, but okay.
"They read the figures wrong."
How could they do this to these people? More importantly,
why? Not one loss due to excessive claims. No hassles
with the group plan. Good profit for the company.
Good profit for me too. The program was good and had
benefited everyone! These people had trusted me. They
were my friends…my dear, dear friends.
My life! These people were going to take away the
life I had built for myself over the last twenty-five
years. Twenty-five years! Twenty-five years of loyal
service to the company. Flushed. Vanished.
My clients; my friends! Oh God! This can’t be happening!
"They read the figures wrong."
My mother! How was I going to care for her? I’d never
be able to keep up the payments. As the shock of that
truth slowly sank in, I felt a sick smile extend across
my lips. Gradually, it turned into a grimace, then
a silent, open cry. My friends and co-workers were
going to dump it all on me. I was going down and there
was absolutely nothing I could do to stop it. Hearing
those words, I understood that there was only one
thing that could work: don’t struggle. Go with the
flow and everything will be fine. How? How could this
be fine? I didn’t know, but my faith met up with the
challenge and I relaxed into the strong arms of that
security.
Security.
How ironic that the characteristic I desired most
from my career and the company I represented would
be found in the realm of a faith that kept me floating
on the waves of life since the days of my childhood.
My career in health insurance sales began when I
took a position with an insurance agency in Linwood,
California. By 1966, I had almost ten years of experience
as a secretary. I had worked for very large companies,
not the least of which was the Ford Motor Company
in Los Angeles, California. I was hired as the secretary
to the plant engineer and later became secretary to
the supervisor of the process engineering department.
I consider working for Ford Motor Company my greatest
compliment as a secretary. At Ford, there was no dead
wood. You either pulled your weight or you didn’t
stay. In those days there were very few men who were
secretaries. Today, most secretaries have been re-dubbed
"office managers" or "administrative
assistant" or some such politically correct title.
But I like "secretary". I feel, and have
always felt, that the role of a secretary is an honorable
and vital role in any organization.
There was a three-line ad in the Long Beach Press
– Telegram for a position as a secretary. I called
and asked if they would consider a male secretary.
They encouraged me to come in for an interview.
I arrived at the office of Forman, Forman and
Associates and was greeted by C. Mitchell Hart
and Nathan K. Forman. That evening, they interviewed
me extensively. At one point in the interview, I produced
samples of my previous work, and Mr. Forman was truly
blown away. You see, I kept my writing samples in
a three-ring binder inside protective plastic sheets.
In 1964, this was a demonstration of the utmost professionalism
in the eyes of my soon-to-be employers.
When I pulled the binder out, Nathan could not contain
his astonishment. "I have never had an applicant
present me with a resume like this." I have had
the word "perfectionist" applied to me many
times before. I take great pride in that label, especially
when my work demanded such an attribute.
Forman, Forman and Associates was a large
insurance agency, specializing in health insurance
for Christian Scientists, Los Angeles County employees,
City of Los Angeles employees, State of California
employees and other groups. I must admit, I was not
particularly impressed with the situation. As far
as the office work was concerned, there was no organization
within the company. Sure, the business was healthy;
the problem existed in that the business was growing
too quickly for the agency office to keep up. They
offered me the position with great enthusiasm, but
I left the office that night not terribly impressed.
I decided not to take the job.
Days passed. Then on a Sunday, while I was lying
on my bed, the phone rang. Mr. Hart was on the other
end, pleading with me to take the job. I explained
to him that I had made my decision and I hoped that
he could find someone else suitable for the position.
He did not give up. Instead, Mr. Hart countered with
information about his agency. He advised me that I
would be passing up a wonderful opportunity by not
going to work for Forman. Apparently, Forman’s father-in-law
was none other than Floyd Clodfelter, an extremely
wealthy man whose corporation owned the Gene Autry
Hotel in Los Angeles. He was so wealthy, in fact,
that his mansion on Mercer Island in Washington State
had its own helicopter landing pad.
Hart told me this so I would know that there was
financial backing securing my job. My main concern
revolved around the financial security of their operation,
and the real possibility that the entire business
could collapse under an overabundance of paperwork.
With this new information, I changed my mind.
The paperwork I encountered was the worst that I
had ever seen. Now, I am big on stapling. I always
arranged files in such a way that, when the file needed
to be looked at, it was neat and tidy, progressing
in a logical, easily duplicated pattern. I pulled
out cards and sheets from old information and notes,
reattaching the crucial information to new files.
Just when I began to feel I had made some progress,
I would be besieged again by even more paperwork.
As time wore on, I became overwhelmed past the point
of recovery. I looked for another position, but nothing
developed. I decided the only option was to tough
it out and stay. On one particularly grueling day,
the work was so backed up that I called Mrs. Forman
to get to the office immediately or I was walking
out. Before I was hired, Mrs. Forman had done the
work of the secretary. I spoke with her about her
organization, or disorganization of the office files.
Our conversations usually revolved around how the
basics of filing were done.
Following my phone call, she arrived at the office
in a beautiful, Kelly Green silk dress. She often
took care of the book keeping that had to be done.
The payroll deductions alone were a nightmare.
After a very concentrated series of discussions and
calamities, Forman gave me an assistant. Unhappily,
the writing on the wall had already begun to appear.
I knew I would soon be leaving the firm.
Mr. Forman’s unethical behavior led me to leave.
Not long after my decision, I received a phone call
from a woman named June Gates. She was the sister-in-law
of a man I had worked for, prior to Forman. She, her
mother, her stepfather and the McCook family ran the
Catalina Steamship Corporation known as MGRS.
She called to ask if I would come and work for her.
Primarily because of the stress in my life from working
under Nathan, I opted to take that job.
The Great White Steamer was a seasonal operation,
serving Catalina Island, a resort community, in the
spring, summer and fall. The business operating in
full for only six months of the year, we sat around
and did next to nothing for the balance of the year.
For six months the job offered no challenge. I was
looking for work again.
This time my search for employment was sparked by
boredom. I felt a little like Goldilocks, searching
for the level of activity that was "just right".
Finally, I found a position with a firm whose head
had gone through six secretaries in one year. To protect
the unrighteous, I have dubbed this maniac of a boss,
"Mr. L." Prior to my arrival, one of his
secretaries had suffered a nervous breakdown and was
on State disability. I had no knowledge of any past
secretaries, or how many he had gone through before
I showed up. I was interviewed by the Vice-president
of the company. After thinking about what I had seen,
I wrote a very polite letter to Mr. L. informing him
that the position was not right for me.
Again, one afternoon while I was having a nap, he
phoned. He pleaded with me to take the job. Seems
the job search technique of lying down for a nap was
working miracles for me, resulting in people calling
me and begging me to work for them again.
"The sky is the limit," he told me.
Once more I was duped into taking a position I did
not want. Within a week, he began cursing and blackguarding
me. I did not need or deserve this kind of abuse.
I was going to do something about it. My chance came
one day when I got Mr. L. his coffee and said to him,
"Mr. L., I’m giving you my notice. I don’t take
personally the way you speak to me. You talk to everyone
that way. The difference between them and me is, I
don’t have to take it." I quit.
I refused to go on state unemployment. My mother
and father helped me out, but this could not go on
forever.
I went into a bit of a panic about my recent state
of affairs one day. I felt moved to pray. I lifted
my arms toward heaven and said, "Heavenly Father,
I thank you for every adversity that has ever come
my way, including this one."
Immediately, I felt the weight of the whole world,
the weight I had been carrying for some time, lifted
off my shoulders. With my newfound freedom, I called
Mr. Forman at his home. Jean, his wife, answered.
She said he was not in; I asked her to ask him if
he would like me to sell the Christian Science program.
A day later, I saw Mr. Forman. He was delighted.
"Edward," he said, "I can not think
of a better combination of product and personality
than you and the Christian Scientists."
I took the job. My official start date was September
1, 1970.
I remember my first day in the field with so much
clarity; it is like it was yesterday. The weather
was wonderful. I had my first appointment with a Christian
Science Practitioner named Mary Irene Beck. When I
walked into her office in the Ocean Center Building
in Long Beach, California, I was met by a beautiful/handsome
woman with a glorious head of silver hair. She sat
down behind her desk and I sat directly in front of
her. We discussed the program extensively. Her piercing
eyes sought answers regarding the fine distinctions
of the program.
After about thirty minutes of questions and answers,
Mary looked at me and said, "I’m going to take
the policy. When I get it, I am going to put it away
and forget about it. I don’t want to use it. But,
if I need it, it’s there. I will not be a burden to
my daughter and son-in-law."
That call set the pace and tone for my sales. I’ve
told that story a hundred times to encourage people
to buy into the program.
Mrs. Beck made a tremendous impression on me. She
was dignified, refined and the very essence of womanhood.
As a Christian Science Practitioner, her demeanor
was as professional as any doctor I had ever met.
After my call with Mrs. Beck, I had to drive all
the way back to the San Fernando Valley, similar to
driving halfway around the world, for my second call.
I met with Ruth Pease, another lovely woman, and I
spent time with her and her adult daughter. My second
appointment and my second sale all in my first day
in the field!
I was, in a word, ecstatic.
When I left her home that night, I had made three
hundred dollars in one day! As a secretary, the most
I ever made was eight hundred dollars in a month.
That night I knew I had found my niche.
When I got home to Long Beach, I could not contain
myself any longer. I exited the freeway at the Pacific
Coast Highway and stopped at the corner of Pacific
Coast and Magnolia Avenue. I used the pay phone at
the corner of a motel and called Nathan at his home.
As usual, he wasn’t there, but Jean answered and I
told her the good news.
Now, I was hearing that what I had built since that
day, over the previous twenty-five years, was going
to come crashing down on me. When I finally placed
the receiver back into its cradle, the words continued
to echo in my head.
"They read the figures wrong."
Chapter Two
Let Your Fingers Do the Walking
With the words still echoing in my ears, I went into
the office and stood in front of Peter Neilson, my
wonderful administrative assistant and secretary.
My office is in my home and always has been. I stood
there, ashen white, and tried to explain to him what
was going to be happening. How can you explain to
a man like Peter that he was about to go down with
me.
He responded with disbelief himself. His main concern
was always to the clients. One day when I walked into
the office, Peter had tears in his eyes. I asked him
what was wrong and he said that Beryl Burger had passed
away. Peter had developed quite a relationship with
this woman over the phone. I think it was because
she reminded him of his mother, who was deceased.
He loved the clients dearly, would spend untold amounts
of time with them on the phone, explaining their benefits
for them, working on their claims and taking care
of any details that the client needed.
Peter was a Canadian who had come to California some
20 years prior to working for me. He was a registered
Nurse and there was a tremendous shortage of nurses
in the US at the time. Peter was the type of nurse
who could have walked into any hospital in the nation
and been hired on the spot; he was that highly qualified
and knowledgeable in the medical field.
His first job was at St. Mary’s Medical Center in
Long Beach. He was hired by the chief physician of
the Emergency Room who turned out to be none other
than Dr. Jeffery McDonald, the man who murdered his
wife and two little girls in South Carolina. What
a way to start a new job in a new country!
Peter worked as a nurse for about 20 years and finally
burned out, which it seems is common in the nursing
profession. One day I called his sister, who was also
a nurse. I asked if she thought Peter would like to
work for me. She was delighted and said to me "There
is nothing in this world I would not do for you for
doing this for my brother." I then called Peter
and asked him to come over for an interview. He took
the job immediately and turned out to be one of the
best employees an employer could hope for. From time
to time, his vacation allowance would build to such
a degree that I would tell him he should take some
time off. He looked at me and said, "Edward,
coming to work every day is my vacation." Unbelievable.
I knew immediately that I was going to take legal
action. I had to. I couldn’t let this go without a
fight. I’d fight for my business, which I had worked
so hard to build. I would fight for Peter, who had
worked so hard and so faithfully for me. I’d fight
to maintain my integrity, something I held dearly
my entire life. But most of all, I would fight for
my lovely clients, most of whom were in their 70’s,
80’s and 90’s. There was no way in the world that
I would allow Combined and GE to get
away with this.
So, I did what the Yellow Pages advertisers encourage
us to do. I grabbed the phone book and let my fingers
do the walking. They walked straight to an attorney
by the name of Craig Cassing. I picked up the phone
and called. I was no longer shaky from disbelief.
Now I was angry. I had to leave a message on his answering
machine.
When Mr. Cassing returned my call, I explained to
him what was happening and asked if he would be willing
to discuss the case. I offered to come to his office
and he said that because he was in the process of
moving offices, we would have to meet at a restaurant.
That made no sense! Besides, I did not want to meet
at a restaurant to discuss theses things. I said,
"No, Craig, come to my home. My office is in
my home and I have the files right here."
He agreed, and shortly thereafter, Mr. Cassing did
come to my home. When I went to the door, I saw a
very tall, handsome man with black hair, with a small
amount of gray at the temples. He had one of the finest
speaking voices I have ever heard. I never saw him
in a courtroom, but I can imagine his voice sounded
like a trumpet when he addressed the court. He walked
in, sat down in the living room and I began to explain
to him what was happening.
I had, in truth, called him with the intention of
taking my own case. He informed me outright that the
best thing to do was to wait until we had won the
case on behalf of the clients. Then my case would
be a "Slam Dunk." Feeling that he was the
expert in the matter, I agreed with him. He took the
necessary documents and began doing the research as
relates to insurance fraud and prepared his opening
brief for the court. Mr. Lind was an elderly gentleman
in his late 70’s with a mind as clear as a bell. During
the announcement of the cancellation I spoke to him
on the phone and pointed out the possibility of a
class action law suit. I explained that at the very
least we might be able to get his money back. He informed
me in no uncertain terms he did not want his money
back. "I want my coverage!" Therefore, at
that point, we had the one person needed to file the
law suit. With Mr. Lind on board, Craig Cassing was
now in a position to move forward and file the suit
and his opening brief to the court, which is now printed
here in its entirety.
Now Comes Plaintiff and Alleges:
- Plaintiff is a resident of the State of California,
residing in the City of Laguna Hills, in Orange
County, California.
- Plaintiff brings this action on his own behalf
and on behalf of all persons similarly situated.
The class that plaintiff represents is composed
of all individuals who are now insured under a certain
Master Group Insurance Policy, identified as Policy
No. 50 C 03248, also identified as The Christian
Scientists Group Insurance Trust, which was issued
by defendant, COMBINED INSURANCE COMPANY OF AMERICA,
and its parent company, AON CORPORATION, defendant
herein. The persons in the class are so numerous,
consisting of approximately one thousand individuals,
that the joinder of all such persons is impracticable
and that the disposition of their claims in a class
action rather than in individual actions will benefit
the parties and the court.
- There is a well-defined community of interest
in the questions of law and fact involved affecting
the plaintiff class in that all members of the class
were issued identical Certificates of Insurance,
or binders to their earlier purchased insurance
policies, are insured under the identical policy
of insurance, and have been delivered identical
letters or delivered similar communications at the
direction of the defendant wherein the said insurance
carrier is now attempting to terminate each member’s
insurance coverage and thereby affect each member’s
contractual rights under the policy of insurance,
referred to herein above. The issue of the legal
effect of the termination letter or directive on
the policy rights of the insured members of the
class will be identical. This inquiry of law and
fact predominates over any questions that affect
only individual class members. The claim of this
individual plaintiff will fairly and adequately
represent the interests of the class.
- There is no plain, speedy or adequate remedy other
than by maintenance of this class action since plaintiff
in informed and believes that the damage to each
plaintiff is relatively small versus the expenses
of maintaining separate causes of action, making
it economically unfeasible to pursue remedies other
than a class action. Consequently, there would be
a failure of justice but for the maintenance of
the present class action.
- The prosecution of individual remedies by members
of the plaintiff class would tend to establish inconsistent
standards of conduct for the defendants and to result
in the impairment of class members’ rights and the
disposition of their interests through actions to
which they were not parties.
- Defendant, COMBINED INSURANCE COMPANY OF AMERICA,
is a legal reserve stock corporation. Defendant
is a corporation authorized to do business as an
insurance company, and organized and existing under
the laws of the State of Illinois, with its principal
place of business in Chicago, Illinois.
- Defendant, AON CORPORATION, is the parent corporation
of COMBINED INSURANCE COMPANY OF AMERICA, defendant
herein. Defendant, AOM CORPORATION, is a corporation
authorized to do business as an insurance company
and organized and existing under the laws of the
State of Illinois, with its principal place of business
in Chicago, Illinois.
- Plaintiff does not know the true names of defendants
DOES 1 through 50, all inclusive, and therefore
sues them by those fictitious names. Plaintiff is
informed and believes, and on the basis of that
information and belief alleges, that each of the
defendants are and/or were engaged in the issuance
of the policy of insurance referred to in paragraph
2, set forth hereinabove.
- On or about 1991, plaintiff became entitled to
the benefits under the policy identified in paragraph
2, above, by virtue of an amendment rider, which
is attached hereto, marked "Exhibit A"*.
Plaintiff also became entitled to additional benefits
for ‘sheltered care’, under the same policy on October
15, 1994, a copy of said certificate amendment rider
is attached hereto, marked "Exhibit B"*.
A true copy of the Certificate of Insurance is attached
hereto and marked "Exhibit C"*. Each said
contract was entered into in the County of Orange,
and was to be performed in said county, thus venue
is vested in Orange County, California.
- Plaintiff has performed all conditions required
by him under the said policy of insurance, including
the payment of all required premiums established
by said policy.
- On or about October 20, 1995, plaintiff was informed
that the policy of insurance, as described above,
was to be terminated by defendant. Plaintiff was
further informed that by virtue of said termination
that plaintiff would no longer be entitled to any
of the coverage’s of insurance as identified in
paragraph 9.
- Plaintiff is informed and believes, and thereon
alleges, that letters have been prepared at the
direction of the defendants, and are now or soon
hereafter to be delivered to every policy holder
notifying said policy holders that defendant is
unilaterally terminating the policy of insurance
under which this plaintiff and all members of the
class are presently insured.
- An actual controvert has arisen between the parties
regarding their respective rights and obligations
under the insurance policy and whether the policy
can be terminated and whether the plaintiff and
all members of this class purchased lifetime coverage
by payment of the premiums.
- Plaintiff contends that the policy of insurance,
referred to hereinabove, provides "Lifetime
Coverage" for confinement in a dedicated Christian
Science sanatorium, Christian Science nursing home,
or a regular hospital. Further, plaintiff contends
that the said policy of insurance additionally provides
"Lifetime Coverage" for "Sheltered
Care in any Dedicated Christian Science Facility".
These declarations of coverage were articulated
in a letter received from defendants by plaintiff
prior to enrollment in the policy and the payment
of the annual premiums. A true copy of the letter
is attached hereto, marked "Exhibit D"*.
Plaintiff contends that the Certificate of Insurance
issued by defendants who reflected the terms of
the Master Group Policy contained no provision whatsoever
allowing for the termination of these insurance
coverage’s, and is therefore, non-cancellable, and
can not now be terminated by defendants.
- Defendants contend that they have the right to
now end the policy for which plaintiff and all other
members of this class have paid premiums, notwithstanding
that said payments were made under the belief that
the coverage was for their respective lifetimes
and constituted non-cancellable insurance coverage.
- Plaintiff has incurred, and during the pendency
of this action, will incur expenses for attorney’s
feel and costs herein. Such attorney’s fees and
costs are necessary for the prosecution of this
action and will result in a benefit to each member
of the class.
WHEREFORE, Plaintiff prays judgment as follows:
- That the Court declare the rights and obligations
of each of the parties with regard to the policy
of insurance, subject to this dispute;
- That the Court declares that the policy of insurance
issued by defendants is non-cancellable, and that
the coverage provided to plaintiff and all members
of the class are lifelong benefits.
- That the Court declare that the actions of the
defendants in notifying plaintiff and all other
members of this class that the subject insurance
policy has been terminated and declaring that
the coverage has been canceled is of no legal
affect whatsoever, and that the policy of insurance
subject to this dispute remains in full force
and effect, notwithstanding the unilateral action
by said defendants to deny the same;
- For the payment of plaintiff’s attorney’s fees
as cost, the same having been recovered for the
joint benefit of the members of the class;
- For costs of suit herein incurred; and
- For such other and further relief as this Court
may deem proper in these circumstances.
Dated: October 31, 1995
M. Craig Cassing
Attorney for Plaintiff
We waited for a hearing date and finally the day
arrived. It was to be in front of Commissioner Jane
D. Meyers. A commissioner is the same as a judge,
without the "big company benefits". Interestingly,
when Mr. Cassing went to file the law suit, it was
Commissioner Meyer’s name that came up to hear the
case. The clerk said to Mr. Cassing, "You don’t
know how lucky you are to get her. She is very involved
in her own church work." When Craig enlightened
me with that news, my spirits rose dramatically. I
just knew in my own heart that she would give a fair
ruling on behalf of the client.
Was I ever wrong!
Chapter Three
It is a Drastic Thing I Am About to Do to You
We had waited for so long to reach this day, Wednesday,
February 28, 1996, the day of the oral argument. Finally
the day arrived. Commissioner Meyers addressed Mr.
Cassing and court was officially in session. Following
is the verbatim transcript of the oral argument. Combined
was represented by attorney Laura Forbes, with Paul,
Hastings, Janofsky, and Walker of Costa Mesa California.
This is a massive law firm with worldwide offices.
Combined knew they were in trouble, or they
would not have hired such a powerful law firm to represent
them.
The Court: Fifteen, Lind against Combined
Insurance Company of America.
Ms. Forbes: Good morning, your Honor. Laura
Forbes on behalf of defendant, Combined Insurance
Company.
Mr. Cassing: Craig Cassing on behalf of
the plaintiff, responding party.
The Court: All right, this is a demurrer,
and the tentative is to sustain without leave to amend.
I’d be happy to hear from opposing counsel with respect
to what other policy it could be except the master
policy, although I think you covered that rather thoroughly
in your opposition, and I don’t see how it’s ambiguous.
Those are my problems.
Mr. Cassing: Well, your Honor, the
reply brief indicated that the term policy was defined
in the certificate, which I don’t find that there
is any definition of what policy means in the certificate,
and in fact on the last page of the certificate itself,
the very last paragraph when it talks about the policy,
the very last section of the certificate which was
attached to the complaint.
The Court: I looked at it carefully.
Mr. Cassing: I’m sure. And this
is something that I had not previously mentioned because
it was raised in the reply brief, but it states, "The
master group policy," which –
The Court: Wait; Let me catch up to you.
Mr. Cassing: I’m sorry.
The Court: You’re on what page of the policy?
Mr. Cassing: Page 5 of the certificate.
The Court: Right. Okay, just a minute.
(pause on record)
The Court: Very well.
Mr. Cassing: It indicates a reference to
"The master group policy," which –
The Court: Which paragraph? Oh, down at
the –
Mr. Cassing: I’m sorry, your Honor.
The Court: -- very bottom. Is that it?
Mr. Cassing: I’m on the very last paragraph,
the very last reference.
The Court: Next to last?
Mr Cassing: It’s just above the signatures.
The Court: Okay.
Mr. Cassing: All right. There for
the first time I find – and I can represent to the
court my reading is that’s the first time the term
"master group policy" is used, and it’s
the first time there’s a reference made to defining
what the policy language means, and what we’re talking
about when we talk about policy. My point being that
if we’re going to talk about policy, an insurance
policy, and we’re going to talk about master group
policy, you can put adjectives in front of it and
tell us what it means, they finally do at that very
last paragraph, and that’s probably making reference
to something different than policy.
My point is that policy means many different things.
It can mean either the master group policy or it can
mean my individual policy, and in this case the reference
they’re making to the power to terminate the policy
is under the category of termination of individual
insurance. That’s where it is in the certificate.
It’s the only time that they reference their supposed
power to terminate the policy is under a category
called termination of individual insurance, and now
they’d like to bootstrap themselves in to say, "well,
that really meant master policy."
Ms. Forbes: Your Honor, if I could draw
your attention to the first page of the same certificate.
While there is no definition of the word policy,
we don’t say or imply that it’s defined, we say it’s
referred to.
If you look at the line toward the top of the page,
"Having issued policy number," there’s a
policy number, form number, it goes on to say, the
second full paragraph of the document, "Such
insurance coverage provided by the said policy shall
be effective," et cetera.
The only policy at issue here – this is a group policy.
It’s not an individual insurance policy. There’s one
policy which is represented by certificates issued
to the various insured’s.
Mr. Cassing: If I might respond to that.
That’s very fair for the insurance company to take
that position, but I’m representing the people who
purchased the policy, and they’re not bound by the
interpretation that the insurance company would today
like to put on it, or which maybe the law might say
is applied if we know all the facts in this case,
but there’s been no discovery in this case. We’ve
had no opportunity to determine what these people
were told that these particular words meant in their
insurance policy when they purchased it. This isn’t
a motion for summary judgment, as the court is well
aware. It’s a motion – or relief by demurrer.
By their own reply brief they’re indicating that
this is a factual determination that the court alone
can make. I don’t argue that. The court can make factual
determinations, but they’re customarily done by motion
for summary judgment when all the facts can be put
out. This is just in the pleading stage.
The Court: Okay. Well, it’s a drastic
thing that I’m about to do to you, so I will consider
it further, although at this point nothing has changed
my mind, so don’t be surprised if I don’t change it.
Mr. Cassing: All right.
The Court: We’ll get the minute order.
It will be under submission.
Mr. Cassing: Thank you.
Ms. Forbes: Thank you, your Honor.
I hope you notice that either this judge was not
too swift (eg – "Wait, let me catch up with you"
"You’re on what page of the policy?" "Which
paragraph? Oh, down the…") or she was stalling,
or simply trying to frustrate Craig.
She gave no reason! She at least owed the clients
that! When Craig informed me of the outcome, I was
simply aghast. I could not believe what I was hearing.
Some days later, I was talking with a friend. He looked
at me and said, "I wonder how much they paid
her to do that?" My already-jaundiced eye of
suspicion relating to the judiciary began to open
wider.
What do you think?
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