My Paintings Were Stolen
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Posted on April 22, 2022 by Barry Zalma
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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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ZIFL Volume 30, Number 2
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5260
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Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th 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/ This issue contains the following articles about insurance fraud:
Read the full 19 page issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/01/ZIFL-01-15-2026.pdf.
The Contents of the January 15, 2026 Issue of ZIFL Includes:
Use of the Examination Under Oath to Defeat Fraud
The insurance Examination Under Oath (“EUO”) is a condition precedent to indemnity under a first party property insurance policy that allows an insurer ...
ERISA Life Policy Requires Active Employment to Order Increase in Benefits
Post 5259
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In Katherine Crow Albert Guidry, Individually And On Behalf Of The Estate Of Jason Paul Guidry v. Metropolitan Life Insurance Company, et al, Civil Action No. 25-18-SDD-RLB, United States District Court, M.D. Louisiana (January 7, 2026) Guidry brought suit to recover life insurance proceeds she alleges were wrongfully withheld following her husband’s death on January 9, 2024.
FACTUAL BACKGROUND
Jason Guidry was employed by Waste Management, which provided life insurance coverage through Metropolitan Life Insurance Company (“MetLife”). Plaintiff contends that after Jason’s death, the defendants (MetLife, Waste Management, and Life Insurance Company of North America (“LINA”)) engaged in conduct intended to confuse and ultimately deny her entitlement to...
Failure to Respond to Motion to Dismiss is Agreement to the Motion
Post 5259
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In Mercury Casualty Company v. Haiyan Xu, et al., No. 2:23-CV-2082 JCM (EJY), United States District Court, D. Nevada (January 6, 2026) Plaintiff Mercury Casualty Company (“plaintiff”) moved to dismiss. Defendant Haiyan Xu and Victoria Harbor Investments, LLC (collectively, “defendants”) did not respond.
This case revolves around an insurance coverage dispute when the parties could not be privately resolved, litigation was initiated in the Eighth Judicial District Court of Nevada. Plaintiff subsequently filed for a declaratory judgment in this court.
On or about April 15, 2025, the state court action was dismissed with prejudice pursuant to a stipulation following mediation. Plaintiff states that the state court dismissal renders its ...
Court Must Follow Judicial Precedent
Post 5252
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Insurance Policy Interpretation Requires Application of the Judicial Construction Doctrine
In Montrose Chemical Corporation Of California v. The Superior Court Of Los Angeles County, Canadian Universal Insurance Company, Inc., et al., B335073, Court of Appeal, 337 Cal.Rptr.3d 222 (9/30/2025) the Court of Appeal refused to allow extrinsic evidence to interpret the word “sudden” in qualified pollution exclusions (QPEs) as including gradual but unexpected pollution. The court held that, under controlling California appellate precedent, the term “sudden” in these standard-form exclusions unambiguously includes a temporal element (abruptness) and cannot reasonably be construed to mean ...
Lack of Jurisdiction Defeats Suit for Defamation
Post 5250
Posted on December 29, 2025 by Barry Zalma
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He Who Represents Himself in a Lawsuit has a Fool for a Client
In Pankaj Merchia v. United Healthcare Services, Inc., Civil Action No. 24-2700 (RC), United States District Court, District of Columbia (December 22, 2025)
FACTUAL BACKGROUND
Parties & Claims:
The plaintiff, Pankaj Merchia, is a physician, scientist, engineer, and entrepreneur, proceeding pro se. Merchia sued United Healthcare Services, Inc., a Minnesota-based medical insurance company, for defamation and related claims. The core allegation is that United Healthcare falsely accused Merchia of healthcare fraud, which led to his indictment and arrest in Massachusetts, causing reputational and business harm in the District of Columbia and nationwide.
Underlying Events:
The alleged defamation occurred when United ...
Zalma’s Insurance Fraud Letter
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ZIFL Volume 29, Issue 24
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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/
Zalma’s Insurance Fraud Letter
Merry Christmas & Happy Hannukah
Read the following Articles from the December 15, 2025 issue:
Read the full 19 page issue of ZIFL at ...
