Months after settling a messy civil suit, American Senior Benefits still maintains its "no wrong-doing found on our part".
Read the settlement agreement, and judge for yourself.
Nearly nine months after agreeing to settle a fraud and breach of contract suit brought against the seventeen former Bankers Life and Casualty agents and managers who went on to form the nucleus of American Senior Benefits, ASB has gone on the offensive.
Launching a website to counteract "negative posting on the internet", ASB tries to set the record straight...or crooked, based on your point of view.
Excerpts from the new site (http://www.americanseniornotbankers.com/ ) are shown below, along with comments in red from your girl Miss Fortune.
American Senior Benefits is NOT Bankers Life and Casualty. This site
is to address the few negative posting on the internet. There are far
more positive websites about American Senior Benefits, however we find
people tend to be more concerned
about the negative sites.
Not The Same Company
Part of
our Management Staff at one point worked for Bankers Life and Casualty.
When our Staff decided that our values no longer lined up with Bankers
we decided to look for another
company. We joined one of the Top Nationwide Insurance Marketing Firms
called American Senior Benefits with their Home Office in Kansas City
and over 40 Regional Offices across the country. The Traverse City
Office is one of Top Offices in the
country for American Senior Benefits that mentors 5 offices across the
country. American Senior Benefits and Bankers Life and Casualty are not
Affiliated in anyway. If you are interetested (sic) in knowing why we left
Bankers Life and Casualty, please feel
free to search Bankers Life and Casualty Lawsuit.
OK, here's what the lawsuit claimed in its original filing, dated April 26, 2011:
The Bankers Life Traverse City branch office unraveled in early February
2011, when members of Bankers Life’s human resources department and
special investigations unit arrived at its 800 Hastings Street location
to conduct on-site investigations prompted by complaints regarding the
activities of both former and current agents and managers.
Named in the civil complaint filed by Bankers Life in Chicago’s U. S. District Court is former Branch Sales Manager Shannon Nelson.
Also named: former unit sales managers Kelly Dachtler and Ryan Kashmerick, former unit field trainers Timothy Horvath and David Teesdale, and former agents Troy Baxter, Lisa Benson, John Blanck, Bert Brotherton, John Kime, Seth Kishefsky, Joseph Michalec, Michael Robertson, Kurtis Tulppo, and Johnathan Young. Except for Kime, who lives in suburban Detroit, the defendants are Traverse City area residents.
According to court papers, the investigations revealed numerous instances of “fraud and other improper conduct” by all seventeen defendants.
Nelson, Dachtler and Kashmerick disclosed during their interviews with the Bankers Life special investigations unit in February that they had improperly instructed agents to stop placing sales leads on the “do not call” list unless the individuals had requested that “they not be called at least seven times.”
According to the court filing, agents that did not follow this instruction were reportedly “subject to retaliation by Nelson, Dachtler and Kashmerick”.
Timothy Horvath acknowledged to Bankers Life investigators during an interview that he had forged “the signature of a policyholder on her policy delivery receipt.”
Jonathan Young revealed to investigators that he had forged “the signatures of several of his family members on policy applications.” Bankers Life alleges in its suit that Young took out the policies to “qualify for a sales bonus,” and then cancelled the policies shortly thereafter.
The Bankers Life suit claimed that Nelson, Dachtler, Kashermick, Horvath and Young, in anticipation of negative consequences of the investigations conducted in Traverse City, obtained licenses to sell insurance products for North American Company for Life & Health Insurance (North American), a competitor of Bankers Life. The suit maintained that these five defendants then “resigned from and/or voluntarily terminated their contracts with Bankers Life and solicited the other defendants to terminate their contracts from Bankers Life and join North American”.
A review of the State of Michigan’s Office of Financial and Insurance Regulation licensing records confirms that Nelson, Dachtler, Kashermick, Horvath and Young first obtained licenses to sell insurance products for North American between March 9 and March 20, 2011.
Bankers Life claimed that they then instructed the other twelve defendants to “obtain a license with North American and prepare to sever their relationships with Bankers Life”.
Shortly before resigning, all seventeen defendants “accessed Bankers Life’s Sales Productivity Network and/or Bankers Life’s Centralized marketing database and downloaded thousands of proprietary policyholder records and prospecting resources”—information that could be used to target specific policyholders and tailor proposals directly to them. The downloaded information included protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA).
So it's clearly more than just "part of our Management Staff"; it was 17 managers and agents formerly associated with Bankers Life.
Our
Management Staff ran one of the Top Offices for Bankers Life and
Casualty. When we left for American Senior Benefits a Lawsuit was filed
3 years ago with FALSE allegations. This
was case was dismissed with prejudice with no wrong-doing found on our
part. We later have learned that several of these types of cases have
been filed by Bankers Life and Casaulty (sic) as several managers across the
country have left for different opportunities.
Although the settlement agreement dismissed the lawsuit "with prejudice" against certain claims made in the original filing, it does outline significant enforcement terms agreed to by both parties regarding non-competition by American Senior Benefits against Bankers Life. The entire four-page settlement agreement follows, making ASB's statements more than a little disingenuous (that means deceptive, Shannon!):
This is Not a Scam
American Senior Benefits is not a
scam. We have real people working for us who have real families you earn
real income that do a great job for our community. We have an A rating
with the BBB. We work in a
regulated business which is governed by the State of Michigan
Department of Insurance. Our Financial Advisors have their securities
licenses and are regualted (sic) by FINRA.
"Working" for us? Maybe, if you consider an independent contractor who relies primarily on commissions equivalent to an employee.
"We have an A rating
with the BBB." Let's take a close look at ASB's BBB review page.
It indicates a significant amount of consumer complaints have been received by the Better Business Bureau regarding ASB's business practices.
This Business is not BBB Accredited
American Senior Benefits, LLC
Find a Location(231) 421-8331333 W Grandview Pkwy Ste 205, Traverse City, MI 49684-2291http://www.americanseniorbenefits.com
BBB Business Reviews may not be reproduced for sales or promotional purposes.
BBB Accreditation
American Senior Benefits, LLC is not BBB Accredited.
Businesses
are under no obligation to seek BBB accreditation, and some businesses
are not accredited because they have not sought BBB accreditation.
To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets
BBB accreditation standards,
which include a commitment to make a good faith effort to resolve any
consumer complaints. BBB Accredited Businesses must pay a fee for
accreditation review/monitoring and for support of BBB services to the
public.
Reason for Rating
BBB rating is based on 16 factors.
Get the details about the factors considered.
Factors that
lowered American Senior Benefits, LLC's rating include:
- Length of time business has been operating.
Factors that
raised American Senior Benefits, LLC's rating include:
- Complaint volume filed with BBB for business of this size.
- Response to 9 complaint(s) filed against business.
- Resolution of complaint(s) filed against business.
- BBB has sufficient background information on this business.
Customer Complaints Summary
9 complaints closed with BBB in last 3 years | 7 closed in last 12 months
Complaint Type | Total Closed Complaints |
Advertising / Sales Issues | 7 |
Problems with Product / Service | 2 |
Billing / Collection Issues | 0 |
Delivery Issues | 0 |
Guarantee / Warranty Issues | 0 |
Total Closed Complaints | 9 |
Additional Complaint Information
BBB
file contains a pattern of complaints in which complainants state they
have received unsolicited phone calls from the company. The complainants
state they have requested not to be called, and most are on the federal
Do Not Call list, yet they continue to receive calls.
The BBB
has contacted the company regarding the pattern of complaints and the
company has responded by stating they have implemented changes in their
lead system to more accurately monitor and maintain consumer requests of
no contact.
Limited Liability Company
Business Management
Mr. Ryan Kashmerick (Regional Vice President)
Contact Information
Principal: Shannon Nelson (President) Customer Contact: Mr. David Teesdale (Executive Administrator)
Number of Employees
27
Business Category
Insurance
Services, Retirement Planning Service, Investment Securities, Insurance
- Long Term Care, Insurance - Life, Insurance - Medicare Services
Products & Services
The
company is a nationwide insurance marketing organization specializing
in the senior market and retirement planning. They offer products
relating to Medicare, life insurance, long-term care and investments.
Customer Complaints Summary
9 complaints closed with BBB in last 3 years | 7 closed in last 12 months
Complaint Type | Total Closed Complaints |
Advertising / Sales Issues | 7 |
Problems with Product / Service | 2 |
Billing / Collection Issues | 0 |
Delivery Issues | 0 |
Guarantee / Warranty Issues | 0 |
Total Closed Complaints | 9 |
Complaint Breakdown by Resolution
05/17/2013 | Advertising / Sales Issues |
05/13/2013 | Problems with Product / Service |
05/10/2013 | Advertising / Sales Issues |
05/03/2013 | Advertising / Sales Issues |
12/24/2012 | Advertising / Sales Issues |
12/14/2012 | Advertising / Sales Issues |
10/04/2012 | Advertising / Sales Issues |
11/15/2011 | Advertising / Sales Issues |
06/23/2011 | Problems with Product / Service |
And let's take a look at who actually has a "securities license"--only three people, including one no longer associated with ASB.
FINRA status:
John Blanck-does have securities license, although his record notes that he confirmed spending "40 hrs per week" as an insurance agent.
AMERICAN SENIOR BENEFITS - SINCE 03/2011
333 W GRANDVIEW PKWY
TRAVERSE CITY, MI 49684
NOT INV REL - INS BSN - INS AGENT
DEVOTE APPROX: 40 HRS P/WK
Blanck also had a recent customer dispute:
CUSTOMER ALLEGES THAT THE REGISTERED REPRESENTATIVE DID NOT
EXPLAIN THAT THERE WOULD BE SURRENDER CHARGES ON THE
LIQUIDATION OF FIXED ANNUITIES, WHICH WERE LIQUIDATED TO
PURCHASE A MUTUAL FUND. THE CLIENT ALLEGES THAT THE MUTUAL
FUND WAS NEVER PURCHASED AS THE REPRESENTATIVE RESIGNED
FROM THE FIRM PRIOR TO RECEIVING THE MONIES FROM THE
LIQUIDATION OF THE ANNUITIES TO PURCHASE THE FUND
The customer opted to close her account, and did not pursue a formal settlement.
Kelly Dachtler-licensed as a "general securities representative", not a securities broker/Series 7; licensed Michigan insurance agent
Joseph Michalec-does
have securities license; Michigan insurance agent license "inactive" as
of 3/01/2013. Record indicates it was "terminated for education".
Shannon Nelson-no securities broker license; only Michigan licensed insurance agent
Ryan Kashmerick-no securities broker license; only licensed Michigan insurance agent
Timothy Horvath-no securities broker license; only licensed Michigan insurance agent
David Teesdale-no securities broker license; only licensed Michigan insurance agent
Troy Baxter- no securities broker license; only licensed Michigan insurance agent
Lisa Benson-no securities broker license; only licensed Michigan insurance agent
Bert Brotherton:-no securities broker license; only licensed Michigan insurance agent
John Kime:-no securities broker license; only licensed Michigan insurance agent
Seth Kishefsky-no securities broker license; only licensed insurance Michigan agent
Michael Robertson-no securities broker license; only licensed Michigan insurance agent
Kurtis Tulppo-no securities broker license; only licensed insurance agent. Michigan insurance agent license "inactive" as of 12/01/2012. Record indicates it was "terminated for education".
Jonathan Young-no securities broker license;Michigan insurance agent licensing records show Young voluntarily surrendered his resident producer license June 28, 2013.
Larry Winslow-no securities broker license; only licensed insurance agent
Bruce Falberg-no securities broker license; only licensed Michigan insurance agent
David Poirot-no securities broker license; only licensed Michigan insurance agent
Kory Robinson- no securities broker license; only licensed Michigan insurance agent
David Teesdale-no securities broker license; only licensed Michigan insurance agent
Michelle King-no securities broker license; no Michigan insurance agent license
We do perform a group interview
when looking to add to our team. I feel
it is necessary due to the amount of information that needs to be
shared with new candidates. Every candidate is made aware in a phone
interivew (sic) that this is a group interview. To learn more about American
Senior Benefits go to the National Website www.americanseniorbenefits.com or www.asbtraverse-city.com and www.kashasb.com for the Traverse City, MI Office.
Never Been Contacted
Our Group has never been contacted by
those posting negative comments about American Senior Benefits.
Responsible and legitimate reporting dictates that you contact all
parties before publishing information.
Miss Fortune contacted American Senior Benefits in August 2011 for a comment, and received an email from Davie Teesdale stating:
Currently we are resolving the
issues with our lawyers. Bankers has a two year non-compete clause
that ensures that we cannot replace Bankers clients. We are adhering to
this stipulation. We left Bankers for the following reasons: 1) We
only wanted to deal with A rated AM best companies (Bankers is B rated)
2) Have a wider product portfolio 3) Better customer service.
Thank you --
David Teesdale
Executive Administrator
American Senior Benefits
333 Grandview Parkway Suite 205
Traverse City, MI 49684
(231) 421-8330
And now you can make up your own mind. If you have any questions, or represent American Senior Benefits, you may contact Miss Fortune directly at: tcmissfortune@yahoo.com