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April 08, 2022
Arson-For-Profit Fails & Guilt Established

The Story That Wrote Itself Video Number 51

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Posted on April 8, 2022 by Barry Zalma

See the full video at https://rumble.com/v104lvd-arson-for-profit-fails-and-guilt-established.html and at

Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance fraud.

On February 27, 1995 the District Attorney filed the following In the Superior Court of the State of California for the County of San Diego that writes this chapter for me. The District Attorney stated, as part of the criminal Information (the charge) as follows:

“COUNT — 1 CONSPIRACY TO COMMIT A CRIME “On or about December 10, 1991 JORGE NOREN HOLLAND did willfully and unlawfully conspire together and with another person (Armen Al Zennedjian) and persons whose identity is unknown to commit the crime of Arson of an Inhabited Structure or Inhabited Property, Penal Code § 451 (b), in violation of Penal Code Section 182 (a) (1).

“The object of the conspiracy was to set fire to and burn the house located at 3030 Shelby Drive, in the County of San Diego, which belonged to and was occupied by JORGE NOREN HOLLAND in an effort for JORGE NOREN HOLLAND to collect the insurance proceeds as a result of the fire “Thereafter, in the County of San Diego, State of California, pursuant to the above conspiracy and in furtherance of the objects thereof:

“OVERT ACT NO. (01): On or about December 10, 1991, at the house located at 3030 Shelby Drive, JORGE NOREN HOLLAND showed Armen Al Zennedjian where the house key to 3030 Shelby Drive was located.

“OVERT ACT NO. (02): ……entered the house with Armen Al Zennedjian.

“OVERT ACT NO. (03):…at the house HOLLAND showed …Zennedjian around the interior of the house.

“OVERT ACT NO. (04): On or about December 11, 1991, …Zennedjian telephoned …HOLLAND to inform him that …Zennedjian would go to the house …on December 12, 1991 to cause the house to catch fire and burn.

“OVERT ACT NO. (05): On or about December 11, 1991, …HOLLAND had a telephone conversation with …Zennedjian about …Zennedjian going to the house …on December 12, 1991 to cause the house to catch fire and burn.

“OVERT ACT NO. (06): On or about December 12, 1991, at his residence in the City of El Cajon, …Zennedjian obtained gasoline cans which he placed into his pickup truck.

“OVERT ACT NO. (07): On or about December 12, 1991, at a gas station near his residence in the City of El Cajon, …Zennedjian purchased gasoline, and filled the gas cans that he had obtained from his residence with the gasoline.

“OVERT ACT NO. (08): On or about December 12, 1991, …Zennedjian drove his pickup truck from the gas station near his residence in the City of El Cajon with the gas cans filled with gasoline to the house located at 3030 Shelby Drive.

“OVERT ACT NO. (09): On or about December 12, 1991, at 3030 Shelby Drive, …Zennedjian obtained the house key shown to him by …HOLLAND at the house…

“OVERT ACT NO. (10): On or about December 12, 1991, …Zennedjian used the house key shown to him by …HOLLAND to unlock the door to the house…

“OVERT ACT NO. (11): On or about December 12, 1991, …Zennedjian entered the house at 3030 Shelby Drive. “OVERT ACT NO. (12): On or about December 12, 1991, …Zennedjian while inside the house

…opened the sliding glass porch door and exited the house…

“OVERT ACT NO. (13): …Zennedjian reentered the house … and carried the gas cans filled with gasoline that he had brought with him, into the house…

“COUNT — 2 ARSON OF AN INHABITED STRUCTURE OR PROPERTY “On or about December 12, 1991 JORGE NOREN HOLLAND did willfully, unlawfully, and maliciously set fire to and burn and cause to be burned an inhabited structure and inhabited property, in violation of PENAL CODE SECTION 451(b). “And, it is further alleged that in the commission and attempted commission of the above offense, the said defendant, JORGE NOREN HOLLAND did take, damage, and destroy property, with the intent to cause such taking, damage, and destruction, and the loss exceeds one hundred thousand dollars ($100,000), within the meaning of Penal Code section 12022.6(b).

“COUNT — 3 FALSE OR FRAUDULENT INSURANCE CLAIM “On or about March 27, 1992 JORGE NOREN HOLLAND did knowingly and unlawfully present or cause to be presented a false or fraudulent claim for the payment of loss under a contract of insurance, in violation of INSURANCE CODE SECTION 1871.1.” The only oddity about the Information quoted above is its rarity. Those of us involved with the Insurance industry should cheer the actions of the San Diego District Attorney and the insurers who refused to pay to avoid litigation with the two individuals alleged by the Information to have committed the crimes of arson and insurance fraud.

Mr. Holland Pleaded guilty to insurance fraud and was sentenced to make restitution to the insurance company and placed on probation. He, in fact made full restitution to the insurance company to avoid immediate incarceration and a copy of that check is hanging on my office wall.
Zalma Opinion

American States Insurance Company (the victim) and its investigator Steve Thompson should be honored for its efforts to defeat this fraud and help the state of California to bring the arsonist to justice.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected].

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February 21, 2025
No Coverage for Criminal Acts

Concealing a Weapon Used in a Murder is an Intentional & Criminal Act

Post 5002

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In Howard I. Rosenberg; Kimberly L. Rosenberg v. Chubb Indemnity Insurance Company Howard I. Rosenberg; Kimberly L. Rosenberg; Kimberly L. Rosenberg; Howard I. Rosenberg v. Hudson Insurance Company, No. 22-3275, United States Court of Appeals, Third Circuit (February 11, 2025) the Third Circuit resolved whether the insurers owed a defense for murder and acts performed to hide the fact of a murder and the murder weapon.

FACTUAL BACKGROUND

Adam Rosenberg and Christian Moore-Rouse befriended one another while they were students at the Community College of Allegheny County. On December 21, 2019, however, while at his parents’ house, Adam shot twenty-two-year-old Christian in the back of the head with a nine-millimeter Ruger SR9C handgun. Adam then dragged...

00:08:09
February 20, 2025
Electronic Notice of Renewal Sufficient

Renewal Notices Sent Electronically Are Legal, Approved by the State and Effective
Post 5000

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Washington state law allows insurers to deliver insurance notices and documents electronically if the party has affirmatively consented to that method of delivery and has not withdrawn the consent. The Plaintiffs argued that the terms and conditions statement was not “conspicuous” because it was hidden behind a hyperlink included in a single line of small text. The court found that the statement was sufficiently conspicuous as it was bolded and set off from the surrounding text in bright blue text.

In James Hughes et al. v. American Strategic Insurance Corp et al., No. 3:24-cv-05114-DGE, United States District Court (February 14, 2025) the USDC resolved the dispute.

The court’s reasoning focused on two main points:

1 whether the ...

00:09:18
February 19, 2025
Post Procurement Fraud Prevents Rescission

Rescission in Michigan Requires Preprocurement Fraud
Post 4999

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Lie About Where Vehicle Was Garaged After Policy Inception Not Basis for Rescission

This appeal turns on whether fraud occurred in relation to an April 26, 2018 renewal contract for a policy of insurance under the no-fault act issued by plaintiff, Encompass Indemnity Company (“Encompass”).

In Samuel Tourkow, by David Tourkow v. Michael Thomas Fox, and Sweet Insurance Agency, formerly known as Verbiest Insurance Agency, Inc., Third-Party Defendant-Appellee. Encompass Indemnity Company, et al, Nos. 367494, 367512, Court of Appeals of Michigan (February 12, 2025) resolved the claims.

The plaintiff, Encompass Indemnity Company, issued a no-fault insurance policy to Jon and Joyce Fox, with Michael Fox added as an additional insured. The dispute centers on whether fraud occurred in...

00:07:58
February 07, 2025
From Insurance Fraud to Human Trafficking

Insurance Fraud Leads to Violent Crime
Post 4990

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CRIMINAL CONDUCT NEVER GETS BETTER

In The People v. Dennis Lee Givens, B330497, California Court of Appeals, Second District, Eighth Division (February 3, 2025) Givens appealed to reverse his conviction for human trafficking and sought an order for a new trial.

FACTS

In September 2020, Givens matched with J.C. on the dating app “Tagged.” J.C., who was 20 years old at the time, had known Givens since childhood because their mothers were best friends. After matching, J.C. and Givens saw each other daily, and J.C. began working as a prostitute under Givens’s direction.

Givens set quotas for J.C., took her earnings, and threatened her when she failed to meet his demands. In February 2022, J.C. confided in her mother who then contacted the Los Angeles Police Department. The police ...

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February 06, 2025
No Mercy for Crooked Police Officer

Police Officer’s Involvement in Insurance Fraud Results in Jail
Post 4989

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Von Harris was convicted of bribery, forgery, and insurance fraud. He appealed his conviction and sentence. His appeal was denied, and the Court of Appeals upheld the conviction.

In State Of Ohio v. Von Harris, 2025-Ohio-279, No. 113618, Court of Appeals of Ohio, Eighth District (January 30, 2025) the Court of Appeals affirmed the conviction.

FACTUAL BACKGROUND

On January 23, 2024, the trial court sentenced Harris. The trial court sentenced Harris to six months in the county jail on Count 15; 12 months in prison on Counts 6, 8, 11, and 13; and 24 months in prison on Counts 5 and 10, with all counts running concurrent to one another for a total of 24 months in prison. The jury found Harris guilty based on his involvement in facilitating payments to an East Cleveland ...

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February 05, 2025
EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE

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To Dispute an Arbitration Finding Party Must File Dispute Within 20 Days
Post 4988

EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE

In Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, No. 4D2023-2720, Florida Court of Appeals, Fourth District (January 22, 2025) the Housens appealed a final judgment in their breach of contract action.

FACTS

The Housens filed an insurance claim with Universal, which was denied, leading them to file a breach of contract action. The parties agreed to non-binding arbitration which resulted in an award not

favorable to the Housens. However, the Housens failed to file a notice of rejection of the arbitration decision within the required 20 days. Instead, they filed a motion for a new trial 29 days after the arbitrator’s decision, citing a clerical error for the delay.

The circuit court ...

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