The American Way of Death Revisited - Jessica Mitford [144]
The Attorney General’s Office says they are without jurisdiction over this matter, that all insurance matters are subject to regulation by the La. Insurance Commission and that these transactions are specifically exempted from the Unfair Trade Practices Act and Consumer Protection Law. How can such matters, which will at some time in their life affect almost every consumer, be exempt from the Unfair Trade Practices Act and Consumer Protection Law?
… In June 1942, my father purchased a funeral policy from Tharp-Sontheimer Life Insurance Company for my mother, Liberty Lemoine Feldheim, as well as one for himself. Later, in 1943 & 1945, he purchased one for each of his three daughters at a cost of approximately $218 per policy. Two hundred eighteen dollars does not seem like much, but in the 1940s, when your annual salary was approximately $3,000, it was quite a lot. As you can see, the policy included just about everything needed for a complete funeral. This policy was not purchased through a fast-talking salesman but from my grandfather, his father. I feel confident that my grandfather would not have sold these policies to family members and friends if he had known that it was a scam or fraudulent.
On April 15, 1996, my mother died. On April 16, 1996, my father and two sisters met with David Rogers with Tharp-Sontheimer, 1600 N. Causeway Boulevard, Metairie, La. In going over the arrangements they were shown one casket that he said was included in the policy. It looked as if it was covered in a felt material that resembled carpet padding (bits and pieces glued together) and that it might fall apart from the weight of a body. My father asked if he could pay extra for a better casket. They refused and said ANY changes in the casket voided the policy, but they would give a credit of $300 toward the cost of a more expensive funeral. This seems like the old “Bait and Switch” scam so widely used to swindle people.
My father then said he would take the original casket with the services offered in the policy and donate the casket to someone’s family who couldn’t afford one and purchase an additional casket. Again they refused. They stated that under a Federal Trade Commission ruling they were not allowed to substitute or upgrade a casket or even separate a casket from the services. (In a recent conversation with the FTC, I have been told there is no such ruling.)
Please note on the enclosed price list of caskets available, there are no Embossed Grey Tharson or Grey Analea Cloth Covered Caskets, as specified on the policy. Since they were not listed, they were not available. Why were they only shown one casket when the policy specifically lists two caskets? How do we know that the one casket offered was one of the two specified in the policy? When asked which one it was, the Tharson or the Analea, they simply say it is the one that goes with the policy. Could it be Tharp-Sontheimer had already made their own substitutions in the caskets when they said they were not allowed to? What gives them the right to make their own substitutions without notification and/or approval of the policyholder?
… After several futile requests were made to have them allow us to pay for a better casket without voiding the rest of the services offered in the policy, my father and sisters, feeling both emotionally and physically drained, did what the funeral homes rely on them to do. They chose a different casket and the services they wished to have and in the end were given an invoice in the amount of $7,916.84 after the $300 credit. The cost of the chosen casket alone was $3,595.00 plus tax. From there they went to see David Rogers’ supervisor and Chairman of the Board, Stephen Sontheimer, at the 4127 S. Claiborne Avenue, New Orleans office to plead their case.