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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Jury’s Findings Interpreting Insurance Contract Affirmed
Post 5105
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Madelaine Chocolate Novelties, Inc. (“Madelaine Chocolate”) appealed the district court’s judgment following a jury verdict in favor of Great Northern Insurance Company (“Great Northern”) concerning storm-surge damage caused by “Superstorm Sandy” to Madelaine Chocolate’s production facilities.
In Madelaine Chocolate Novelties, Inc., d.b.a. The Madelaine Chocolate Company v. Great Northern Insurance Company, No. 23-212, United States Court of Appeals, Second Circuit (June 20, 2025) affirmed the trial court ruling in favor of the insurer.
BACKGROUND
Great Northern refused to pay the full claim amount and paid Madelaine Chocolate only about $4 million. In disclaiming coverage, Great Northern invoked the Policy’s flood-exclusion provision, which excludes, in relevant part, “loss or damage caused by ....
Failure to Name a Party as an Additional Insured Defeats Claim
Post 5104
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Contract Interpretation is Based on the Clear and Unambiguous Language of the Policy
In Associated Industries Insurance Company, Inc. v. Sentinel Insurance Company, Ltd., No. 23-CV-10400 (MMG), United States District Court, S.D. New York (June 16, 2025) an insurance coverage dispute arising from a personal injury action in New York State Supreme Court.
The underlying action, Eduardo Molina v. Venchi 2, LLC, et al., concerned injuries allegedly resulting from a construction accident at premises owned by Central Area Equities Associates LLC (CAEA) and leased by Venchi 2 LLC with the USDC required to determine who was entitled to a defense from which insurer.
KEY POINTS
Parties Involved:
CAEA is insured by Associated Industries Insurance Company, Inc. ...
Exclusion Establishes that There is No Duty to Defend Off Site Injuries
Post 5103
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Attack by Vicious Dog Excluded
In Foremost Insurance Company, Grand Rapids, Michigan v. Michael B. Steele and Sarah Brown and Kevin Lee Price, Civil Action No. 3:24-CV-00684, United States District Court, M.D. Pennsylvania (June 16, 2025)
Foremost Insurance Company (“Foremost”) sued Michael B. Steele (“Steele”), Sarah Brown (“Brown”), and Kevin Lee Price (“Price”) (collectively, “Defendants”). Foremost sought declaratory relief in the form of a declaration that
1. it owes no insurance coverage to Steele and has no duty to defend or indemnify Steele in an underlying tort action and
2. defense counsel that Foremost has assigned to Steele in the underlying action may withdraw his appearance.
Presently before the Court are two ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
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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/ 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 ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
