Legal Question in Military Law in Mississippi

fraud

I am employed at a place that was supposed to be paying my AFLAK insurance. They took it out of my check everyother week. It has not been paid and I have asked them and AFLAK to stop taking it out of my check and I want to be reembursed for what they have taken out. They say that they cannot because we are locked in for a year.The AFLAK rep came to a board meeting and said that he was part to blaim. I want to know what are my legal rights here and how do I retain a lawyer in this matter. Is this not fraud on AFLAK or the company I work for?


Asked on 7/27/07, 1:22 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: fraud

Claims on the basis of fraud have to be proved by clear and convincing evidence. The proof must show that at some point there was an intentional, reckless, or negligent material direct or implied misrepresentation of fact on which you relied to your detriment. The damages would include recovery for the deductions from your pay check, consequential damages such as interest, and possibly punitive damages if the misrepresentation was more culpable than mere negligence.

Claims based on intentional damages must be filed in court within one year after the injury. Claims based on negligence must be filed within 3 years.

Additionally, you might have a claim of against the insurer based on "bad faith." However, bad faith normally is based on claims of breach of a fiduciary relationship regarding a policy claim.

The big problem is that the money you are talking about will not justify involving an attorney unless there is a strong probability of recovering punitive damages on the basis of intentional or bad faith damages.

The most informal court for bringing a claim is in justice court. The other courts include county, circuit, and Chancery. The choice about which one to use and about involving an attorney are very important.

Lastly, you might consider contacting the State Insurance Commissioner and the better business bureau for help.

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Answered on 7/27/07, 2:17 pm


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