Negligence Claims Dismissed By Arizona Judge
Three current and former military staff members have failed to prove that they could be harmed through the theft of some personal information from a health insurance management company, resulting in the Arizona judge dealing with the case dismissing claims of negligence. The class action lawsuit alleged violation of the Privacy Act, and was filed in 2003.The theft occurred as the result of a burglary at the insurance company’s offices, where computer hard drives containing the personal information were stolen. The victims claim that they were therefore at risk of identity theft. The insurance company tried to get the complaint dismissed, and at that time the courts granted this motion but did let the military members concerned amend the complaint.
The amended claim was filed later in the year, and accused the insurance company of negligence, breach of contract, and various other allegations were made. However, the courts dismissed all but the allegation of negligence.
The insurance company then tried to get the remaining complaint dismissed. Because the judge was not satisfied that the plaintiffs could prove negligence, he ruled against the three military members and dismissed the claim of negligence.
Topic Added November 16th, 2005
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