The Story That Wrote Itself Video Number 51
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and at https://zalma.com/blog plus more than 4150 posts.
Posted on April 8, 2022 by Barry Zalma
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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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Concurrent Cause Doctrine Does Not Apply When all Causes are Excluded
Post 5119
Death by Drug Overdose is Excluded
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Southern Insurance Company Of Virginia v. Justin D. Mitchell, et al., No. 3:24-cv-00198, United States District Court, M.D. Tennessee, Nashville Division (October 10, 2024) Southern Insurance Company of Virginia sought a declaratory judgment regarding its duty to defend William Mitchell in a wrongful death case pending in California state court.
KEY POINTS
1. Motion for Judgment on the Pleadings: The Plaintiff moved for judgment on the pleadings, which was granted in part and denied in part.
2. Duty to Defend: The court found that the Plaintiff has no duty to defend William Mitchell in the California case due to a specific exclusion in the insurance policy.
3. Duty to Indemnify: The court could not determine at this stage whether the Plaintiff had a duty to ...
GEICO Sued Fraudulent Health Care Providers Under RICO and Settled with the Defendants Who Failed to Pay Settlement
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Post 5119
Default of Settlement Agreement Reduced to Judgment
In Government Employees Insurance Company, Geico Indemnity Company, Geico General Insurance Company, and Geico Casualty Company v. Dominic Emeka Onyema, M.D., DEO Medical Services, P.C., and Healthwise Medical Associates, P.C., No. 24-CV-5287 (PKC) (JAM), United States District Court, E.D. New York (July 9, 2025)
Plaintiffs Government Employees Insurance Company and other GEICO companies (“GEICO”) sued Defendants Dominic Emeka Onyema, M.D. (“Onyema”), et al (collectively, “Defendants”) alleging breach of a settlement agreement entered into by the parties to resolve a previous, fraud-related lawsuit (the “Settlement Agreement”). GEICO moved the court for default judgment against ...
ZIFL – Volume 29, Issue 14
Post 5118
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You can read the full 20 page issue of the July 15, 2025 issue at https://lnkd.in/giaSdH29
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
This issue contains the following articles about insurance fraud:
The Historical Basis of Punitive Damages
It is axiomatic that when a claim is denied for fraud that the fraudster will sue for breach of contract and the tort of bad faith and seek punitive damages.
The award of punitive-type damages was common in early legal systems and was mentioned in religious law as early as the Book of Exodus. Punitive-type damages were provided for in Babylonian law nearly 4000 years ago in the Code of Hammurabi.
You can read this article and the full 20 page issue of the July 15, 2025 issue at https://zalma.com/blog/wp-content/uploads/2025/07/ZIFL-07-15-2025.pdf
Insurer Refuses to Submit to No Fault Insurance Fraud
...
Rulings on Motions Reduced the Issues to be Presented at Trial
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CASE OVERVIEW
In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.
FACTS
Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.
Prior to trial Bernier had three remaining claims against State Farm:
1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.
Both Bernier and State Farm dispositive motions before ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th 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. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
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This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
