Zalma’s Insurance Fraud Letter – June 1, 2024
Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma.
Read full storyAppeal Dismissed Even With Fraud Allegation
Appeal Lost Due to Failure to Provide an Adequate Record. In an action to recover damages for personal injuries, the defendant Myrtle 6, LLC, appealed from an order of the Supreme Court, Kings County (Lawrence S. Knipel, J.). The order, insofar as appealed from, denied those branches of the motion of the defendant Myrtle 6, LLC to stay the trial ,to vacate the note of issue, and to compel discovery.
Read full storyDuty to Defend Exists for Umbrella Policy
Many companies find that a single policy of liability insurance is inadequate and purchase multiple layers or insurance. Many times the policies follow each other’s terms and conditions, but not always. Thermoflex Waukegan obtained several lawyers of coverage but did not require the terms and conditions of each policy to be the same.
Read full storyIndictment Establishes Probable Cause
Suit for Malicious Prosecution Requires Favorable Termination of Prosecution. Mrs. Marty Spann alleged that Defendants Asurion Insurance Services, Inc. (“Asurion”); former District Attorney General Bruce Griffey; and Tennessee Wildlife Resource Agency (“TWRA”) employees Ed Carter, Mitchell Bailey, Dale Grandstaff, Brad Jackson, and Shawn Karns (collectively with Griffey, the “State Defendants”) maliciously prosecuted her for evidence tampering and insurance fraud. The court was faced with two Motions to Dismiss filed by the State Defendants and Asurion.
Read full storyArson-for-Profit Scheme Fails
Innocent Co-Insureds Have no Rights to Proceeds When Fraud Committed on Their Behalf. Plaintiffs Timeless Bar, Inc. and Horseshoe Club, LLC sued their insurer Illinois Casualty Company, claiming the latter breached the parties’ insurance agreement. Specifically, the Plaintiffs allege that even though the fire that destroyed their property was intentionally set by an officer of the corporation and a member of the LLC, the insurer was obligated under the policy and Minnesota law to pay for the loss.
Read full storyInsureds are Made More Equal Than Insurers
California Court of Appeals Extends Meaning of Statute to Make Insured More Powerful than Insurers at EUO. As George Orwell explained in his novel "Animal Farm" we are all equal but some are more equal than others. In Vladimir Myasnyankin v. Nationwide Mutual Insurance Company, A166946, A167445, California Court of Appeals, First District, Fifth Division (January 30, 2024) the Court of Appeals decided, over the dissent of the Presiding Judge that the insured in a disputed claim is more equal than the insurer.
Read full storyNo Post Conviction Help
Unrelated Witness Misconduct no Help to Convicted Shooter. Luis M. Soto (“Soto”) appealed pro se from the order dismissing his second petition for relief filed pursuant to the Post Conviction Relief Act (“PCRA”).
Read full storyPublic Policy is Vague and Uncertain
Courts Should Not Counter the Work of the Legislature by Use of “Public Policy”. Artemiz Freeman sought to collect uninsured/underinsured motorist benefits under her policy with appellant Progressive County Mutual Insurance Co. (“Progressive”).
Read full storyUnique Insurance Fraud In Louisiana
Three Cases Dismissed Because of Suit Against an Insurer who Did Not Insure the Plaintiff. Texas Law Firm McClenny, Moseley & Associates (MMA) has had serious problems with the US District Courts in Louisiana and what appears to be an effort to profit from what some Magistrate and District judges indicate may be criminal conduct to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana. In April and May several cases have been the subject of motions for Summary Judgment from insurers who were sued by MMA who was sanctioned by the District Courts and new lawyers took over the cases only to find the plaintiffs had no right to sue since they were not insured by the insurer defendants. For a representative sample note the information from the following three cases:
Read full storyOfficer Immune from Suit
Insurance for State of Delaware Waives Sovereign Immunity. On February 15, 2023, Kimberly Letke (“Plaintiff”) filed a pro se Complaint against Defendant Matthew Sprinkle (“Sprenkle”) for defamation and malicious prosecution. On October 3, 2023, Plaintiff filed another Complaint added Defendants Cpl. Tyler Beulter of the DNREC police (“Beulter”) and the Attorney General of Delaware, Kathleen Jennings (“Jennings”), in which she added three additional claims: false arrest and violations of public trust, unlawful detention, and violations of her rights under the Fourth Amendment to the United States Constitution.
Read full storyOvercharge of Force Placed Insurance Defense to Foreclosure
Force Placed Insurance Charges Allow Special Defense to Foreclosure. In an action to foreclose a mortgage the trial court granted in part the plaintiff’s motion to strike the defendant’s special defenses and counterclaim; subsequently, the court, Cirello, J., granted the plaintiff’s motion for summary judgment as to liability only; thereafter, the court, Spader, J., rendered judgment of foreclosure by sale, and the defendant appealed.
Read full storyInsureds Must Negotiate Terms of Coverage Before Inception
Litigation is an Improper Method to Negotiate Insurance Coverage. Read the full article at https://lnkd.in/dztfuAhr, #see the full video at https://lnkd.in/dgGX_AST and at https://lnkd.in/d3hTb6ZK and at https://zalma.com/blog plus more than 4800 posts.
Read full storyLender Must Elect To Take Insurance Proceeds
If Lender Approves Use of Insurance Funds to Repair It Cannot Claim it was Damaged. Read the full article at https://lnkd.in/g-_-Pade, see the Full Video at https://lnkd.in/gfXQb2Kh and at https://lnkd.in/gx-522a9 and at https://zalma.com/blog plus more than 4750 posts.
Read full storyNo Meeting of Minds No Contract
Blank Space on Contingency Fee Agreement Makes it Unenforceable. Attorney Richard Schicker sued a former client, Brandi Cady, seeking payment for attorney fees under a contingency fee agreement. The district court dismissed Schicker’s complaint, finding that there had been no meeting of the minds during the formation of the agreement and thus there was no valid, enforceable contract.
Read full storySettlement Unenforceable Because Insurer Lied to Plaintiff
Plaintiff Entitled to Know All Insurance Available. Read the full article at https://lnkd.in/gj9GfkNK, see the full video at https://lnkd.in/gBzhkxnV and at https://lnkd.in/gyWVW89G, and https://zalma.com/blog plus more than 4750 posts.
Read full storyBuilding That Could Collapse is Not a Covered Collapse
Fairly Debatable Claim Defeats Charge of Bad Faith. Post 4794On May 7, 2019, Saddletree Holding, LLC (Saddletree) filed an insurance claim for damages sustained to its building located in Upton, Wyoming (the Building). The Building was used as a community events center. Following a winter of heavy snowfall, Saddletree discovered that the Building’s steel support columns had buckled two or more inches and the roof had deflected downward approximately six inches. The Building was insured by Evanston; Markel was the claims processor.
Read full storyLies on Insurance Application Expensive
False Statement on Application Requires Rescission. Plaintiff Kimberli Orr obtained no-fault automobile insurance from defendant USA Underwriters and was involved in an automobile collision. Defendant denied plaintiff's claim for benefits because it discovered that plaintiff made material misrepresentations on her application for insurance. Defendant argued that it was entitled to rescind and void plaintiff's insurance policy, and the trial court granted defendant summary disposition.
Read full storyZalma’s Insurance Fraud Letter – May 1, 2024
Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. This issue contains the following articles:
Read full storyCriminal’s Money Stays With State
Assets Forfeited to State are not Subject to Attachment. Read the full article at https://lnkd.in/gXHrXC9z, see the full video at https://lnkd.in/gCnFTf3N and at https://zalma.com/blog plus more than 4750 posts.
Read full storyTelling the Truth Can’t Be Defamatory
After Health Provider Entity’s Management is Arrested for Fraud Reporting Suspicion to Beneficiaries is not Defamation. It is Chutzpah to Charge Defamation About a True Statement.
Read full story