A consumer group said yesterday evidence has been uncovered showing a California Insurance Department attorney destroyed evidence of covert communications with insurance interests.

The accusation came on the same day that Insurance Commissioner Steve Poizner said he was naming Adam M. Cole as general counsel. The announcement described Mr. Cole as a top attorney who has litigated against insurance companies on behalf of consumers and whose law firm recovered more than $5 billion from insurers for policyholders in the last five years.

The complaint about alleged destruction of evidence came from the Foundation for Taxpayer and Consumer Rights (FTCR), which said Mr. Poizner's special counsel William Gausewitz had tossed out a fax sent to him by an insurance lobbyist. The group is seeking Mr. Gausewitz's dismissal.

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