On January 5, 2008, a Servant Air Piper Navajo Chieftain with 10 people aboard crashed shortly after take off from Kodiak, Alaska. The pilot and five passengers tragically died in the crash. Surviving passengers reported that a baggage door popped open shortly after takeoff and the pilot was attempting to…
Alaska Injury Law Blog
Alaska Supreme Court Issues New Ruling on Underinsured Motorist (UIM) Coverage for Personal Injuries.
The insured received serious personal injuries while riding in a car that was struck by another motor vehicle. She settled with Safeco, the insurance company of the negligent driver, for the facial policy limits of $50,000, without payment of any add-ons for interest or attorney fees. She then made a…
Alaska “Tort Reform” Damage Limits Become More Restrictive With Each Passing Year
The “tort reform” statute passed by the Alaska Legislature in 1997 continues to whittle away, automatically, year after year, at the real damages available to Alaska families who have lost a loved one due to a defendant’s negligent or reckless conduct. The 1997 legislation limited the amount of “non-economic damages”…
Dietary Supplement Company Faces Fraud Charges
The federal government has brought fraud charges against a dietary supplement company, Berkeley Premium Nutraceuticals, claiming the company bilked consumers out of $100 million using unauthorized credit card charges. Berkeley Nutraceuticals marketed a number of products it said would help in weight control, memory loss and clear skin, but its…
Alaska Personal Injury Law Group Obtains Important Ninth Circuit Ruling — Unmanned Barges Must Have Safety Railings
While cargo barges may be “unmanned” while under tow, longshoremen and seamen often go aboard “unmanned” barges for loading, unloading and other purposes. Federal regulation 46 C.R.F. § 92.25-5 requires that cargo barges have a three-course perimeter safety railing. The Coast Guard, however, has failed to enforce that regulation, stating…
PTSD and Returning Veterans: A Cause of Murder?
One of the unfortunate consequences of the current conflicts in Iraq and Afghanistan is that veterans are returning with traumatic brain injuries and psychological injuries in such numbers that it is forcing the military and America to learn more about the devastating consequences of these injuries. The New York Times…
Glenn Highway Crash Kills Native Leaders
On Saturday, January 12, 2008, two Alaska Native leaders and their 16-year-old granddaughter were killed in a three-car collision on the Glenn Highway. Allan and Sophia Chase, and Melissa Pike were struck when a Chevrolet truck crossed the center line and sideswiped their vehicle, which caused their vehicle to hit…
FDA Cracks Down on Compounded Hormone Products
On January 9, the FDA warned seven compounding pharmacies to cease marketing estrogen/progestin products containing estriol. The FDA also warned the pharmacies to stop making claims that the compounded products could be used to treat Alzheimer’s disease, breast cancer, depression, and colon cancer. The FDA also demanded that the pharmacies…
Insurer Sanctioned For Fraud On The Court
On January 9, 2008, a Texas judge sanctioned Texas Mutual Insurance Co. $30,000 for committing fraud on the court. In the litigation, a worker had prevailed against Texas Mutual in his claim seeking worker’s compensation coverage for his work-related injury. To defeat the worker’s claim, the court found that Texas…
Consumer Federation Reports Excessive Premium Charges By Insurance Industry
A report just released by the Consumer Federation of America estimated that the average family in the U.S. has been overcharged for auto and home insurance over the last four years because companies have been charging excessive premiums and paying out proportionately less in claims. The insurance industry reaped record…