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Insurance Company pays "When Pigs Fly"

Staff Writer — Wed, 15 Feb 2006 11:46:04 GMT

A jury in Boulder, CO, recently hit American Family Insurance with a $3 million verdict over the company's refusal to pay valid insurance claims. The jury heard testimony from former American Family Insurance employees that the company made a habit of intentionally and willfully denying claims of motorists injured in car accidents to save money. While the company continues to deny any wrongdoing, the jury sent American Family Insurance and expensive message of disagreement.

From the article at The Denver Channel:

Nick Peressini was severely injured in a car wreck in 2002 and out of work for more than a year.
"Essentially, after the accident, I never went back to work ... I just needed the money to pay my bills and get my life going again," said Peressini.
American Family Insurance refused to pay Peressini's insurance claim. He was forced to sue -- opening the door to a series of surprising discoveries.
A former American Family Insurance employee described the company culture promoted by a supervisor.
"It was pink pig ... She said it was meant to be that she would approve something when pink pigs fly," said the former employee.

Read the full bad faith insurance article here.

Originally posted at InjuryBoard by Staff Writer

Insurance companies undervaluing "totalled" cars?

Staff Writer — Thu, 23 Feb 2006 18:07:11 GMT

There's a great article on Insure.com about the way in which many insurance companies decide just how much your "totalled" car is worth. Disclosures in recent litigation have revealed that (gasp) many insurance companies tend to stray away from the standard Kelly Blue Book and instead use value databases that result in much lower car values. Apparently, to the shock of...well, no one, this is done intentionally to avoid having having to pay more money to motorists who have lost their vehicles in an accident.

From the article at Insure.com:

Unlucky folks who've had their wrecked cars totaled often note that their insurance company checks for their totaled cars were much lower than they expected. The Kelley Blue Book and National Automotive Dealership Association (NADA) Guide -- references that we've been led to believe are definitive sources of used-car values -- often show higher car values than what people received from their auto insurers.
That's because insurance companies subscribe to private databases of car values, from which they pull dollar amounts for cars. So, while you may be leafing through Kelley Blue Book to find the value of your 1996 Honda Accord, your insurance company is looking at a proprietary database to which you don't have access. The main car-value database competitors are: ADP Claims Solutions Group (which uses data from 1,200 dealers and thousands of automobile trade publications), based in San Ramon, Calif.; CCC Information Services, based in Chicago; and Mitchell International out of San Diego (which uses an average of the Kelley Blue Book and NADA values). But these databases, and in particular the one from CCC, can allegedly be used for fleecing you out of the real-world value of your car.
Internal Farmers Insurance Co. documents submitted in the discovery process of pending litigation (including the pending case Buratovich vs. Farmers Insurance Exchange and Farmers Insurance Co. of Arizona and CCC Information Services Inc. case out of Arizona), allegedly show how these databases can be used by insurers for a systematic pattern of "ratcheting down the price the insurer has to pay a policyholder for his totaled vehicle," according to Stephen Ryan, an attorney based in Scottsdale, Ariz. Ryan represents the plaintiff in Buratovich vs. Farmers, et al. and has investigated CCC for an article he wrote for Trial magazine in June 1999. He also represents three other plaintiffs in similar car-value cases, also filed against Farmers Insurance.

Read the full article here.

Originally posted at InjuryBoard by Staff Writer

2.4 Million Toys Recalled Due to Choking and Intestinal Hazards From Magnets

Jenny Albano — Tue, 18 Mar 2008 19:49:53 GMT

MEGA Brands America Inc., in conjunction with the CPSC, is recalling around 2.4 million toys because small magnets can fall out of the toys, which poses a choking hazard to infants and young children.

The company is recalling around .1 million Magtastik and Magnetix Jr. preschool toys and 1.3 million MagnaMan magnetic action figures. The magnets in the toys can detach and can be swallowed by young children. If more than one magnet is swallowed, the magnets can attract each other and cause intestinal perforations or blockages, which can be fatal.

MEGA Brands and CPSC have received 19 reports of magnets coming loose in the Magtastik toys, which included one incident of a 3-year-old boy having medical treatment to remove a magnet from his nasal cavity and one report of an 18-month-old boy with a magnet in his mouth, which was not swallowed. Also, there have been 25 reports of magnets coming loose from the MagnaMan figures but there have been no injuries.

The Magtastik and Magnetix Jr. Pre-school Magnetic Toys include small flexible parts embedded with magnets that allow the parts to connect to large, colored metal balls. The recalled MagnaMan magnetic toys are figures that have body parts that attach with magnets. They come in either a "Futuristic Warrior" or "Ancient Warrior" theme. Each figure comes with three accessories.

For a list of the recalled Magtastik and Magnetix Jr. Pre-School Magnetic Toys modelsclick here.
For a list of the recalled MagnaMan Magnetic Action Figures models click here.

The toys were sold between January 2005 and December 2007 at toy stores throughout the nation, including Wal-Mart, Target, Toys R' Us and Kmart.

Even though there have not been any injuries, there have been 44 complaints over the past two years about the loose magnets. These complaints prompted the recall.

Originally posted at InjuryBoard by Jenny Albano

Caldwell Teen Killed In Car Crash

Chrissie Cole — Mon, 23 Feb 2009 15:03:00 GMT

A teenager was found dead yesterday morning in a car crash that occurred the night before in Payette, Idaho State Police said.

Police responded to a call at 7:45 a.m. Friday at Sand Hollow Road and Old Highway 30 in Payette.

Investigators say around 10 p.m. Thursday, the teen, 19, was driving south on Sandhollow Road in a Mazda 626. He negotiated a left curve, drove to the right edge and overcorrected. This caused his car to cut across the lanes of travel and to the edge of the road in a sideways motion. The car rolled and Garner was ejected.

The car came to rest in a nearby field. He was pronounced dead at the scene.

The crash is being investigated by Idaho State Police and Payette County Sheriff’s Office. It is unknown if alcohol was involved, but he was not wearing his seatbelt.

Originally posted at InjuryBoard by Chrissie Cole

American Foods Group Recalls 96,000 Pounds of Ground Beef

Jenny Albano — Sun, 25 Nov 2007 17:48:40 GMT

American Foods Group recalled 96,000 pounds of ground beef on Saturday, November 24 after two people became ill after eating the product. The consumers may have become ill due to E. coli in the ground beef.

The beef products by American Foods Group include coarse and fine ground beef chuck, sirloin and chop beef. They were distributed to retailers and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin and Virginia.

The problem with the meat was discovered while the Illinois Department of Health was investigating the two reported illnesses. The products being recalled were produced on October 10 and were distributed for further processing and repackaging so they won't have the company's establishment number on the package.

The recalled products include:
--Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "65000."
--Bulk weight packages of "BEEF, FINE GROUND 75/25." Each shipping label bears a product code of "65800."
--Bulk weight packages of "BEEF SIRLOIN, FINE GROUND 90/10." Each shipping label bears a product code of "66000."
--Bulk weight packages of "BEEF, FINE GROUND 80/20." Each shipping label bears a product code of "66400."
--Bulk weight packages of "BEEF, FINE GROUND 75/25." Each shipping label bears a product code of "19900."
--Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "20100."
--Bulk weight packages of "BEEF CHUCK, FINE GROUND 82/18." Each shipping label bears a product code of "20600."
--Bulk weight packages of "CHOP BEEF STEAK, FINE GRIND "86/14." Each shipping label bears a product code of "30000."
--Bulk weight packages of "BEEF SIRLOIN, FINE GROUND 92/08." Each shipping label bears a product code of "30400."
--Bulk weight packages of "BEEF ROUND, FINE GROUND 87/13." Each shipping label bears a product code of "30200."
--Bulk weight packages of "BEEF, FINE GROUND 80/20." Each shipping label bears a product code of "30700."
--Bulk weight packages of "BEEF CHUCK, FINE GROUND 82/18." Each shipping label bears a product code of "31400."
--Bulk weight packages of "BEEF, FINE GROUND 93/07." Each shipping label bears a product code of "31600."
--Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "31700."
--Bulk weight packages of "BEEF MODIFIED, FINE GROUND 93/07." Each shipping label bears a product code of "31900."

Each shipping label bears the establishment number "Est. 18076" inside the USDA mark of inspection.

E. coli (O157:H7) can cause foodborne illnesses, commonly known as food poisoning. Symptoms often include diarrhea and abdominal cramps and will last from 5 to 10 days. Antibiotics are usually effective in treatment. E. coli can cause some life threatening complications such as Hemolytic Uremic Syndrome, but this is rare and occurs mostly in children under 5 and the elderly.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Family Settles Wrongful Death Lawsuit Against Lee's Summit

Shannon Weidemann — Fri, 21 Sep 2007 13:32:01 GMT

A family sued the city of Lee's Summit for wrongful death after their son was killed crossing Blackwell Parkway. He was killed in 2004 while chasing after the family's dogs. The parents believe the high speed limit and lack of proper lighting on the roadway contributed to their son's death. The lawsuit was settled yesterday out of court.

Although the Fausts did receive financial compensation as part of the settlement, Gordon Faust said money was never their goal. He said the couple's goal in filing the lawsuit was to make the city "right a wrong" and to push the city into making the changes in their neighborhood that they said many in the subdivision thought should be made.
However, after going through the process for quite some time, Vicki Faust said the lawsuit proved to be counterproductive. That's why, she said, the couple accepted the city's offer of a settlement.

The parents have vowed to continue working for changes in their neighborhood and along Blackwell Parkway. During the course of the lawsuit the speed limit was lowered from 40mph to 35 mph.

If you would like to learn more about wrongful death, please visit InjuryBoard's Wrongful Death Lawsuits page.

Originally posted at InjuryBoard by Shannon Weidemann

House considers doctor apologies for medical malpractice

Staff Writer — Tue, 21 Feb 2006 18:29:10 GMT

The Idaho House of Representatives is currently considering at bill that would allow doctors to apologize to their patients without having those apologies used against them in Court. Idaho law currently allows such expressions of sympathy and apology to be admissible against doctors except "in certain circumstances." The bill's supporters say that patients who receive an apology and sympathy from their treating physician might be less inclined to sue. The bill is expected to pass in some form, although a single word in the bill has caught the attention of the Idaho Trial Lawyer's Association.

From the article at MagicValley.com:

"This is the start of the healing process," said Bob Seehusen, a spokesman for the Idaho Medical Association. "It's not going to stop lawsuits, but it may minimize some of those that can be dealt with by explanation and conversation and communication."
In the past few years, almost two dozen states have adopted similar laws, said McClure. Idaho's legislation also includes the word "explanation" along with the expressions of sympathy, condolence, and compassion that a health care provider could safely utter under the proposed law. Barbara Jorden, a lobbyist for the Idaho Trial Lawyers' Association, said her group supports the bill - except for that one word. She said doctors' explanations should be admissible in court.
"If the doctor explains what happened in the unintended outcome, that information should be included if the case should actually go forward," Jorden said. "We don't want the medical professional to exclude the explanation
Originally posted at InjuryBoard by Staff Writer

ROMI Enterprises Recalls SCUBA Regulators Due to Drowning Hazard

Jenny Albano — Tue, 11 Dec 2007 15:06:32 GMT

ROMI Enterprises, in conjunction with the CPSC, are recalling about 6,000 Oceanic and AERIS SCUBA Regulator First Stages due to a drowning hazard.

An internal component that seals air between the high pressure first-stage and the intermediate pressure second-stage can fail. This can result in uncontrolled flow of air to the diver and pose a risk of serious injury or death.

So far the company has not recieved any reports of injury, but there have been two reports of the units malfunctioning during a dive and six reports of the product malfunctioning during testing by dealers. These regulator first stages were available at Oceanic and AERIS retailers across the country from May 2006 to October 2007.

The recall includes the following regulator first stages:

Oceanic Regulator First Stages Model:
CDX5 Certain serial numbers from 30202856 through 51312641
Model FDX10 Certain serial numbers from 51408026 through 51411813
Models CDX, DXi, DX3, DX4, and TDX5 All serial numbers

AERIS Regulator First Stages:
Model AT400 Certain serial numbers from 30200036 through 51311560
Balanced Diaphragm All serial numbers

The model and serial numbers are located on the side or on the product's rubber covering.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Man Dies in Elmore County Accident

Shannon Weidemann — Sun, 09 Sep 2007 18:39:18 GMT

A 58-year-old man from Castleford died in a car accident on Interstate 84 in Elmore County on Tuesday. The two passengers in the car were hurt and taken to a hospital in Boise for treatment. There were no other vehicles involved in the accident.

Witnesses told deputies they saw the vehicle drive on to the left shoulder of the interstate and then roll several times in the median.
The driver was ejected from the vehicle and pronounced dead at the scene.

The police are investigating the accident and trying to discover the cause. The condition of both passengers is unknown.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

Ligonier Hotel Sued for Wrongful Death

Shannon Weidemann — Thu, 02 Aug 2007 10:59:31 GMT

A 17-year-old boy was employed by the Ramada Inn in Ligonier, Pennsylvania. He worked as a waiter and dishwasher. He was killed after leaving work while intoxicated with alcohol and getting into a car accident. His parents have filed a wrongful death lawsuit against the hotel.

According to the lawsuit, the Nemchecks contend the hotel should not have allowed him to work so long. Nemcheck's shift started at 11 a.m. on Feb. 18 and he worked through 3 a.m. on Feb. 19, the suit alleges.
It alleges the hotel knew that the teenager had unfettered access to alcoholic beverages while working, citing a two-hour stint when he was left unsupervised from 1 to 3 a.m.

The hotel has no comment on the lawsuit. The parents are seeking monetary damages in the death of their son.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Shannon Weidemann