Don’t Drive Off a Cliff, It May Not Be Covered
Read the full article at https://www.linkedin.com/feed/update/urn:li:ugcPost:6924706215813951488?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3AugcPost%3A6924706215813951488%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29 and see the full video at https://rumble.com/v12cg12-true-crime-of-insurance-fraud-video-no.-61.html and at
and at https://zalma.com/blog plus more than 4200 posts.
Jimmy wanted a new pickup truck in the worst way. He decided to deliberately wreck his old car, make a claim against his insurance policy and use the proceeds to buy a new F150.
Jimmy disclosed his plan to his best friend, Winifred. She agreed to help — as a lookout for oncoming traffic —on the night they chose to destroy the car.
Jimmy, with his friend Winifred as a passenger, intentionally drove his pickup off the road and over a small cliff at 35 mph. He did not let her out of the truck to be his “look out” as planned. He thought it would be more realistic a claim — one that would not be questioned by his insurance company, if Winifred was in the car with him.
As planned, the car did not survive the crash. Unfortunately, neither did Winifred.
The heirs argued they were entitled to Under Insured Motorists (UIM) benefits under the Farmers and County Mutual policy because Jimmy was under insured. Furthermore, they claimed Winifred’s death was “accidental.”
Farmers and County Mutual’s response was, translated from the lawyerese:
“Give us a break.”
The heirs argued that Jimmy and Winifred intended to destroy the truck, not Winifred. The death was accidental.
In the Winifred’s Heirs v. Farmers & County Mutual arbitration, Farmers and County argued that interpretation of “accident” in liability policies is hyper-technical and legalistic and should not apply to the same term in UIM policies. The arbitrator ruled in favor of the insurer.
The heirs sued, lost at the trial court, that adopted the ruling of the Arbitrator. The heirs appealed and a Court of Appeals agreed, saying that, for UIM purposes, an “accident” is an “event” that, from the insured’s and the underinsured motorist’s perspective, is “unforeseen, unintended unexpected or the like.”
An injury is not accidental, the appellate court explained, if the injury-producing event was intended or expected. It is not necessary that the insured intend or expect the injury.
People who do wrong should not profit from it. Paying Winifred’s heirs for her death while admitting that she was intentionally a part of a criminal act is the same as the police paying the heirs of an armed robber who is shot to death by the police in the course of his armed robbery.
If our courts continue to honor criminals, and their heirs, for causing their own injuries the system will destroy itself. If insurers continue to pay to settle this type of fraudulent claim because it is less expensive than fighting to a conclusion all of us who buy insurance will suffer.
Every person who buys insurance should shout to their insurers – GIVE US A BREAK!
(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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When Harm is Inherent in the Nature of the Act it is Intentional
Post 5237
See the video at and at and at https://zalma.com/blog plus more than 5200 posts.
No Coverage for Intentional Acts
Hitting a Person in the Face is an Intentional Act
In Unitrin Auto and Home Insurance Company v. Brian C. Sullivan, et al., George A. Ciminello, No. 2022-01607, Index No. 21632/14, Supreme Court of New York, Second Department (November 19, 2025) George A. Ciminello was injured when struck in the face by a cup filled with liquid, thrown from a moving vehicle operated by Brian C. Sullivan, with Robert Harford as the passenger who threw the cup. The vehicle approached Ciminello at about 30 mph, from 2 to 10 feet away, and Harford extended his arm to make contact. The cup splintered upon impact.
Sullivan and Harford later conceded liability on the intentional tort claim before a damages trial.
Insurance Policy:
Unitrin Auto and Home...
Obtaining Title to Church by Fraud Defeated
Post 5238
Read the full article at https://www.linkedin.com/pulse/unmitigated-gall-abuse-elderly-bishop-his-church-zalma-esq-cfe-xcasc, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.
It is Villainous to Steal Church Property from Sick and Elderly Bishop
In Testimonial Cathedral Local Church of God in Christ v. EquityKey Real Estate Option, LLC et al. (Cal. Ct. App., 2d Dist., Div. 8, No. B331522 (Nov. 18, 2025) EquityKey (through broker Steven Sharpe and Frank Wheaton, a trusted advisor/friend of elderly Bishop Jimmy Hackworth) presented a deal supposedly for a $4 million life-insurance policy on Hackworth’s life with EquityKey as beneficiary. In exchange, EquityKey paid Hackworth $400,000 upfront.
Factual Background
To qualify Hackworth for the large policy, church real property on South Western Ave., Los Angeles was temporarily ...
Guilty of Money Laundering Scheme
Post 5238
See the video at https://lnkd.in/gqh7V46x and at https://lnkd.in/gmE-zrDC and at https://zalma.com/blog plus more than 5200 posts.
Prison Sentence for Fraud Must be Limited to the Fraud in Which the Defendant Participated
In United States v. Stephen O. Anagor, No. 2:24-CR-00019-DCLC-CRW (E.D. Tenn., Nov. 26, 2025) by Judge Clifton L. Corker the government sought to increase the defendant’s sentence because his co-conspirators added a fraudulent FBI scam that resulted in the victim’s suicide. Anagor sought a lower sentence because he was only involved in part of the fraud.
Charges & Plea
Defendant, a U.S. Army soldier pled guilty on June 11, 2025 to Conspiracy to Commit Mail and Wire Fraud, Aiding and Abetting Aggravated Stalking Resulting in Death and Aiding and Abetting Aggravated Identity Theft that was part of a larger 38-count superseding indictment against Anagor and co-defendants Chinagorom Onwumere and Salma Abdalkareem for an international Nigerian-based ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
