Miscellaneous | InjuryBoard Phoenix

This past week, the Arizona legislature passed a bill criminalizing mortgage fraud. Specifically, the bill criminalizes so-called cash-back financing in which a prospective buyer pays an artificially inflated price for a home, receives a loan for the high sales price, and pockets the difference between the loan amount and the actual residential home value. According to the Arizona Republic,...

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Blue Cross of California recently entered a settlement agreement to resolve a class action lawsuit against the health insurer concerning the nature of its individual health insurance business practices. Blue Cross had been accused of using innocent mistakes on poorly worded insurance applications to rescind policies after insureds submitted costly claims. After concluding that it would lose...

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In May, I wrote about problems with health insurance companies in California. Specifically, an insured with Blue Cross and Blue Shield of California sued the company alleging bad faith arising out of the company's decision to rescind a health insurance policy based on high claims expenses. In the lawsuit, the plaintiffs alleged that the carrier accused the insureds of misrepresenting responses...

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Ironically, Arizona Senator Jon Kyl recently invoked a tool to secretly object and withhold from consideration in the United States Senate a bill modifying the Freedom of Information Act. In contrast to Senator Kyl's initially secret actions, the legislation known as the Open Government Act had been drafted to make government activity less secret and more open to public scrutiny. Senator Kyl...

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A few months ago, I shared a concern that, despite warnings about unnecessary risks of exposing social security numbers and other personal information to identity theft, the Maricopa County Recorder's Office continued to allow unfettered access to private confidential information on its web site. Thankfully, it appears that the County has been working toward a resolution of this problem. ...

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Based upon increasing public pressure, yesterday lobbyist Michael Baroody removed his name from consideration to head the Consumer Product Safety Commission (CPSC). In another post, I questioned whether a lobbyist for the National Association of Manufacturers (NAM) should head an organization which has conflicting objectives. The National Association of Manufacturers lobbies on behalf of many...

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If you believe that you have been defamed by a public official, should you have the right to file a defamation lawsuit? The Arizona Attorney General's office has asked the Arizona Supreme Court to decide this issue. In January, 2007, the Arizona Court of Appeals allowed a developer to sue Attorney General Terry Goddard for defamation when he informed the media that the developer:committed...

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Talk about a fox guarding the hen house, the Bush administration recently nominated a lobbyist and Executive Vice President of the National Association of Manufacturers to head the Consumer Product Safety Commission (CPSC). Describing the consumer safety purposes for its existence, the CPSC:is charged with protecting the public from unreasonable risks of serious injury or death from more than...

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The Transportation Security Administration has apparently lost a computer hard drive containing personal information concerning over 100,000 employees this week possibly exposing them to risk of identity theft. According to the TSA, the hard drive was discovered missing from a controlled area and officials have called in the FBI and Secret Service to assist in the investigation to determine the...

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Today in the Los Angeles Times, I read about the health insurance company Blue Shield of California which has been sued by a policyholder alleging bad faith for refusing to pay medical bills totalling $450,000 arising out of a serious car accident. According the the article, the insureds applied for health insurance, paid premiums and received an individual policy through Blue Shield of...

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I read a story today about a Judge in Washington DC who has taken it upon himself to sue a dry cleaning business for a total of $65 million dollars because the business lost a pair of his trousers. This lawsuit presents a perfect example of what appears to be frivolous litigation which should be dismissed. We hear numerous stories and media attention often focuses on frivolous litigation. We...

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The Arizona Public Records Act requires that records maintained by all state and local government agencies be open and available for inspection in a manner: reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.A.R.S. section...

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Today marks the start of the National Crime Victims Rights Week highlighting the rights of crime victims to be treated fairly with dignity and compassion. This morning, Governor Napolitano delivered a speech kicking off a week of activities designed to highlight the needs of crime victims. In the past, crime victims did not receive sufficient information about the status of a criminal case. ...

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According to the on-line edition of Computerworld, a database containing social security numbers of approximately 14,000 current and former employees at Ohio State University has been the most recent source of possible identity theft. This situation apparently involved foreign thieves from three different countries hacking into an Ohio State University database containing sensitive employee...

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Today a federal jury in Louisiana awarded a family whose home suffered damage as a result of Hurricane Katrina, a judgment against Allstate Insurance Company for the sum of $2.8 million in damages and penalties. The case involved allegations by Allstate that Hurricane Katrina's winds did not exceed 100 miles per hour and as a result could not possibly have caused structural damage to a home...

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