My Paintings Were Stolen
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Posted on April 22, 2022 by Barry Zalma
See the full video at https://rumble.com/v11txwj-true-crime-of-insurance-fraud-video-number-60.html?mref=6zof&mrefc=2 and at
Lucky Ambrose was about to retire as a flight attendant with Italian International Airlines. His retirement pay would allow him to live — barely — in Barstow, California. On a layover in Rome, he found a means to retire in comfort while browsing the Vatican Art Museum.
He purchased a disposable flash camera at the souvenir shop and started snapping photographs of works of art in the museum. Of the twelve pictures he took two came out relatively clear, marred only by a blotch of white from the flash reflecting off the oils. They were pictures called:
“San Giorgio Che Occide Il Drago,”
Paris Bordone’s 1525 painting of St. George slaying the dragon, and
“Madonna Della Pera,” painted by Alessandro Buonvicino, known as Moretto Diana Brescia, in 1505.
Ambrose reported a burglary at his Barstow home and made claim for $555,000. Good Neighbor Insurance Company faced with a claimed loss of two Italian Renaissance paintings stolen from the bedroom of his California ranch house thought they had no choice but to pay the amount of the policy.
They were only suspicious since the claim contained multiple red flags of fraud, like:
The loss was within three weeks of the issuance of the policy;
There was no written evidence that the items were purchased by the insured;
The items were unusual and hard to market while his T.V., VCR and Stereo system were still in the house after the burglary; and
The only proof of ownership Ambrose offered when he insured the works were the two amateurish snapshots of the paintings.
Suspicions and red flags are not enough to deny a claim. Lucky Ambrose was paid what he asked and signed a subrogation and salvage agreement assigning all of his rights to the paintings to the insurance company.
The insurance agent who visited Ambrose’s house in Barstow testified he believed Ambrose when he was told that the paintings were inside the crates. “We are in a business of utmost good faith,” he said. “Why shouldn’t I believe him? He had paid his premiums regularly for the last five years.”
“If (the agent) had any questions about it, if he didn’t feel that everything was in line before he issued the insurance, we would have taken whatever steps needed to ensure it was genuine,” a Good Neighbor Spokesman testified. The Good Neighbor Spokesman also testified that when the paintings were reported stolen only three weeks after the policy was issued, they “had suspicions … but having no proof or anything to base an assumption that something was wrong, we had to go ahead and pay the claim.”
The jury returned a verdict in favor of Good Neighbor for the amount paid, interest at the legal rate, and attorneys fees.
The state of California investigated whether to arrest Ambrose but emulated the actions of the U.S. Attorney. He could go have gone to jail. His retirement plans could have been destroyed by an Italian cop who knows art better than the agents, underwriters and claims people at Good Neighbor Insurance Company.
He sold his house in Barstow and moved to Boise, Idaho before the state of California and the U.S. Attorney had time to change their mind. He now lives a quiet, and honest, life on his retirement pay in Boise and is trying to get used to snow in the winter.
ZALMA OPINION
Even a well trained, experienced fraud investigator, when saving some money for the insurer cannot help convince a prosecutor that a case can be proved of fraud beyond a reasonable doubt. To a prosecutor it is easier to convict a person accused of a violent crime against an innocent person with a three page police report rather than a detailed investigation establishing that a person is trying to steal from an insurance company.
(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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Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.
Posted on September 18, 2026 by Barry Zalma
See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html
In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.
The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.
Law
The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...
150 Months in Prison for Tax Fraud
Post 4846
Posted on September 17, 2026 by Barry Zalma
See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS
In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS
Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.
The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...
Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution
Post 5489
Posted on September 14, 2026 by Barry Zalma
Fraudster Refuses to Answer Questions About His Alleged Fraud
See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr
In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.
Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.
After Great American ...
A Suit Filed Before the Claim Exists is Fatal
Post 4870
Posted on October 20, 2026 by Barry Zalma
In Louis Briggs v. Shaun Wimberly; Somerset Services, Inc.; And Wimberly & Associates, PLLC, and Louis Briggs v. Shaun Wimberly And Wimberly & Associates, PLLC Nos. 2024-CA-1471-MR, 2025-CA-1366-MR, Court of Appeals of Kentucky (October 9, 2026) Louis Briggs was arrested in 2014 after an incident with police and charged with several offenses, including third-degree assault.
Probable cause was found and an indictment was returned, but the charges were eventually dismissed. His attorney, Shaun Wimberly, then filed a federal civil rights suit for Briggs in a United States district court, which also asserted state-law claims. The district court dismissed most of the claims and declined to exercise jurisdiction over the remaining state-law claims. Briggs blamed Wimberly for the result, fired him, and appealed to the Sixth Circuit.
While the federal appeal was pending, Briggs filed a legal malpractice action against Wimberly in the Jefferson Circuit Court. The Sixth ...
Plaintiff’s Reading of the Policy is Plaintiff’s Reasonable Allegations
Posted on October 19, 2026 by Barry Zalma
Post 4868
CLASS ACTION THAT STATES A SIMPLE CLEAR AND PLAUSIBLE CAUSE OF ACTION SURVIVES
In Sheila Marino v. Farmers New World Life Insurance Company, No. 2:25-cv-02200-JNW, United States District Court, W.D. Washington, Seattle (October 13, 2026) defendant Farmers New World Life Insurance Company’s (“FNWL”) moved to dismiss Plaintiff Sheila Marino’s putative class action involving flexible universal life insurance.
Marino filed a putative class action in King County Superior Court alleging: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) violation of the Washington Consumer Protection Act (CPA).
She pleaded two theories: an “overcharge” theory and an “underpayment of interest” theory asked the Court to take judicial notice of historical Federal Funds Effective Rates.
THE LAW
Pleading Standard.
To survive a Rule 12(b)(6) motion, a ...
Alleged Defamatory Statements Must be Of and Concerning Plaintiffs
Posted on October 16, 2026 by Barry Zalma
To Prove Defamation the Statement Must be Of and Concerning the Plaintiffs
Post 4867
In Michael Moloney and Sergio Cantu v. United Services Automobile Association, No. 04-25-00519-CV, Court of Appeals of Texas, Fourth District, San Antonio (October 14, 2026) Michael Moloney and Sergio Cantu appealed from the trial court’s granting of a traditional motion for summary judgment in favor of United Services Automobile Association (“USAA”) on their defamation claim.
BACKGROUND
Moloney and Cantu sued USAA for defamation, alleging that they are the principals of Informed Roofing & Restoration, LLC (“Informed Roofing”), which is primarily engaged in the residential roofing repair and replacement business, and that an employee or agent of USAA had made false and defamatory statements to the San Antonio Police Department (“SAPD”) concerning them.
Specifically, Moloney and Cantu alleged that an employee of ...
