{"id":189516,"date":"2010-03-17T17:20:00","date_gmt":"2010-03-17T22:20:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2010\/03\/17\/if-the-supreme-court-says-that-they-are-people\/"},"modified":"2010-03-17T17:20:00","modified_gmt":"2010-03-17T22:20:00","slug":"if-the-supreme-court-says-that-they-are-people","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2010\/03\/17\/if-the-supreme-court-says-that-they-are-people\/","title":{"rendered":"If the Supreme Court Says that They are People"},"content":{"rendered":"

Can we throw Assurant<\/span> Health in jail for attempted murder<\/a>:<\/p>\n

In May, 2002, Jerome Mitchell, a 17-year old college freshman from rural South Carolina, learned he had contracted HIV. The news, of course, was devastating, but Mitchell believed that he had one thing going for him: On his own initiative, in anticipation of his first year in college, he had purchased his own health insurance.<\/span><\/p>\n

Shortly after his diagnosis, however, his insurance company, Fortis<\/span>,<\/span> [now Assurant<\/span>] revoked his policy. Mitchell was told that without further treatment his HIV would become full-blown AIDS within a year or two and he would most likely die within two years after that.<\/span><\/p>\n

\u2026\u2026\u2026\u2026<\/span><\/p>\n

Previously undisclosed records from Mitchell’s case reveal that Fortis<\/span> had a company policy of targeting policyholders with HIV. A computer program and algorithm targeted every policyholder recently diagnosed with HIV for an automatic fraud investigation, as the company searched for any pretext to revoke their policy. As was the case with Mitchell, their insurance policies often were canceled on erroneous information, the flimsiest of evidence, or for no good reason at all, according to the court documents and interviews with state and federal investigators.<\/span><\/p>\n

\u2026\u2026\u2026\u2026<\/span><\/p>\n

In the motions, <\/span>[presiding judge, Michael G. ] Nettles not only strongly denied Fortis<\/span>‘ claims but condemned the corporation’s conduct.<\/span><\/p>\n

“There was evidence that Fortis<\/span>‘ general counsel insisted years ago that members of the rescission committee not record the identity of the persons present and involved in the process of making a decision to rescind a Fortis<\/span> health insurance policy,” Nettles wrote.<\/span><\/p>\n

Elsewhere in his order, Nettles noted that there were no “minutes of actions, votes, or any business conducted during the rescission committee’s meeting.”<\/span><\/p>\n

The South Carolina Supreme Court, in upholding the jury’s verdict in the case in a unanimous 5-0 opinion, said that it agreed with the lower court’s finding that Fortis<\/span> destroyed records to hide the corporation’s misconduct. Supreme Court Chief Justice Jean Hoefer<\/span> Toal<\/span> wrote: “The lack of written rescission policies, the lack of information available regarding appealing rights or procedures, the separate policies for rescission documents” as well as the “omission” of other records regarding the decision to revoke Mitchell’s insurance, constituted “evidence that Fortis<\/span> tried to conceal the actions it took in rescinding his policy.”<\/span><\/p><\/blockquote>\n

They were engaging in actions in which they knew that they were defrauding their customers, a felony, and they knew that there was a significant livelihood of death resulting, which makes this felony murder, and perhaps 1st<\/sup> degree murder .<\/p>\n

It’s nice that Mr. Mitchell got his money, but the company and its agents need to go to jail<\/span>.<\/p>\n

BTW, this is Murray Waas<\/span> reporting this, and I would argue that he is one of the 5 best investigative reporters out there.<\/p>\n","protected":false},"excerpt":{"rendered":"

Can we throw Assurant Health in jail for attempted murder: In May, 2002, Jerome Mitchell, a 17-year old college freshman from rural South Carolina, learned he had contracted HIV. The news, of course, was devastating, but Mitchell believed that he had one thing going for him: On his own initiative, in anticipation of his first …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[970,969,1002,1045,1129,972],"tags":[],"class_list":["post-189516","post","type-post","status-publish","format-standard","hentry","category-corruption","category-evil","category-good-writing","category-insurance","category-journalism","category-justice"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/189516"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=189516"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/189516\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=189516"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=189516"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=189516"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}