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Can I sue my health insurance company for negligence that resulted in identity theft and credit card fraud?

Orlando, FL |

I was notified in February 2010 that my health insurance carrier had two laptops stolen from their offices back in December 2009. No reason was given for the delay in informing those affected. These laptops contained personal information including names, addresses, phone numbers, SSN and protected health info. In mid January, and again today, I was contacted by the fraud departments of two separate credit card companies indicating that someone had called to obtain credit using my personal information. Do I have a claim against my health insurer for being negligent? I've spent countless hours trying to clean this mess up.

Attorney Answers 1

Posted

To the extent that it is forseeable that an item of value and portability such as a laptop could be easily stolen, and that the cost of taking the relatively simple precaution of securing the highly sensitive information would be low, yes.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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