Lucy and the Tsar
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Lucy served as second officer on a 747 operated by Trans-Oceanic Airlines. Twice a week she flew from Dallas to Leningrad; with brief layovers in New York and Brussels. She had been a second officer for five years. Lucy was looking forward to promotion to first officer. She would be the second woman to command a 747 for Trans-Oceanic.
Her performance reviews were always exceptional. Never had Trans-Oceanic Airlines treated her differently than any other pilot. The glass ceiling seemed nonexistent.
Lucy, as a highly paid professional airline pilot, owned a beautiful 5000 square foot home in Dallas where she lived with her son, daughter and a full- time housekeeper/nanny. She was happy. Her future was unlimited. At forty years of age she was approaching the apex of her professional career.
Her layover in Leningrad was usually two days. Lucy would recover from the inevitable jet lag by visiting the great museums of the time of the Tsars. Her favorite was the Hermitage, which was once the Tsar’s summer palace.
To the museum she always brought along her Nikon single lens reflex camera that recorded each picture with very high resolution. She used the Nikon to photograph the magnificent treasures stolen by the Bolsheviks from the Tsar. The fast lens and digital enhancement allowed her to obtain images without using a flash. Lucy would spend evenings in her hotel sorting her photographs into categories on her lap top.
She had collections of close-up shots of Faberge royal Easter eggs; of oil paintings by Gaugin, Degas, Van Gogh and Picasso; and photos of fine works of art made by native Russian craftsmen unknown in the West.
Lucy converted the settlement check to US currency Travelers Checks. She placed the Travelers Checks in her overnight bag on the airplane. When she landed, as part of a well-known airline crew, her luggage was not inspected by the local customs officials. The Travelers Checks, better than cash, entered the new Russia without hindrance. Lucy immediately went to the dealer appointed by the Hermitage and purchased the Fabergé bird she lusted for paying only 200,000 US Dollars in Travelers checks.
With the remaining $50,00 she purchased two Fabergé silver cigarette cases and a small Picasso drawing in pencil signed and dated by the artist. The bird is displayed prominently over Lucy’s mantelpiece and she used the Fabergé cigarette case to hold note papers and a fountain pen.
Lucy was lucky. If anyone at Edward Lloyd’s Insurance Company had gone to the Dallas public library, they could have found similar photographs of the same items in any one of several books on the Hermitage collection housed at the library. They did not.
Lucy was promoted to Captain. She now commands a Trans-Oceanic 747 that flies three times a week nonstop from Dallas to London’s Heathrow airport.
She is starting a collection of photographs from the Queen’s Museum at Buckingham Palace.
ZALMA OPINION
It is time for the insurance industry to invest in a team of insurance claims professionals who know how to investigate a claim, interpret an insurance policy, and deal with a false and fraudulent claim to keep people like Lucy for enjoying a life of successful crime.
(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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Concealing a Weapon Used in a Murder is an Intentional & Criminal Act
Post 5002
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In Howard I. Rosenberg; Kimberly L. Rosenberg v. Chubb Indemnity Insurance Company Howard I. Rosenberg; Kimberly L. Rosenberg; Kimberly L. Rosenberg; Howard I. Rosenberg v. Hudson Insurance Company, No. 22-3275, United States Court of Appeals, Third Circuit (February 11, 2025) the Third Circuit resolved whether the insurers owed a defense for murder and acts performed to hide the fact of a murder and the murder weapon.
FACTUAL BACKGROUND
Adam Rosenberg and Christian Moore-Rouse befriended one another while they were students at the Community College of Allegheny County. On December 21, 2019, however, while at his parents’ house, Adam shot twenty-two-year-old Christian in the back of the head with a nine-millimeter Ruger SR9C handgun. Adam then dragged...
Renewal Notices Sent Electronically Are Legal, Approved by the State and Effective
Post 5000
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Washington state law allows insurers to deliver insurance notices and documents electronically if the party has affirmatively consented to that method of delivery and has not withdrawn the consent. The Plaintiffs argued that the terms and conditions statement was not “conspicuous” because it was hidden behind a hyperlink included in a single line of small text. The court found that the statement was sufficiently conspicuous as it was bolded and set off from the surrounding text in bright blue text.
In James Hughes et al. v. American Strategic Insurance Corp et al., No. 3:24-cv-05114-DGE, United States District Court (February 14, 2025) the USDC resolved the dispute.
The court’s reasoning focused on two main points:
1 whether the ...
Rescission in Michigan Requires Preprocurement Fraud
Post 4999
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Lie About Where Vehicle Was Garaged After Policy Inception Not Basis for Rescission
This appeal turns on whether fraud occurred in relation to an April 26, 2018 renewal contract for a policy of insurance under the no-fault act issued by plaintiff, Encompass Indemnity Company (“Encompass”).
In Samuel Tourkow, by David Tourkow v. Michael Thomas Fox, and Sweet Insurance Agency, formerly known as Verbiest Insurance Agency, Inc., Third-Party Defendant-Appellee. Encompass Indemnity Company, et al, Nos. 367494, 367512, Court of Appeals of Michigan (February 12, 2025) resolved the claims.
The plaintiff, Encompass Indemnity Company, issued a no-fault insurance policy to Jon and Joyce Fox, with Michael Fox added as an additional insured. The dispute centers on whether fraud occurred in...
Insurance Fraud Leads to Violent Crime
Post 4990
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CRIMINAL CONDUCT NEVER GETS BETTER
In The People v. Dennis Lee Givens, B330497, California Court of Appeals, Second District, Eighth Division (February 3, 2025) Givens appealed to reverse his conviction for human trafficking and sought an order for a new trial.
FACTS
In September 2020, Givens matched with J.C. on the dating app “Tagged.” J.C., who was 20 years old at the time, had known Givens since childhood because their mothers were best friends. After matching, J.C. and Givens saw each other daily, and J.C. began working as a prostitute under Givens’s direction.
Givens set quotas for J.C., took her earnings, and threatened her when she failed to meet his demands. In February 2022, J.C. confided in her mother who then contacted the Los Angeles Police Department. The police ...
Police Officer’s Involvement in Insurance Fraud Results in Jail
Post 4989
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Von Harris was convicted of bribery, forgery, and insurance fraud. He appealed his conviction and sentence. His appeal was denied, and the Court of Appeals upheld the conviction.
In State Of Ohio v. Von Harris, 2025-Ohio-279, No. 113618, Court of Appeals of Ohio, Eighth District (January 30, 2025) the Court of Appeals affirmed the conviction.
FACTUAL BACKGROUND
On January 23, 2024, the trial court sentenced Harris. The trial court sentenced Harris to six months in the county jail on Count 15; 12 months in prison on Counts 6, 8, 11, and 13; and 24 months in prison on Counts 5 and 10, with all counts running concurrent to one another for a total of 24 months in prison. The jury found Harris guilty based on his involvement in facilitating payments to an East Cleveland ...
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To Dispute an Arbitration Finding Party Must File Dispute Within 20 Days
Post 4988
EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE
In Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, No. 4D2023-2720, Florida Court of Appeals, Fourth District (January 22, 2025) the Housens appealed a final judgment in their breach of contract action.
FACTS
The Housens filed an insurance claim with Universal, which was denied, leading them to file a breach of contract action. The parties agreed to non-binding arbitration which resulted in an award not
favorable to the Housens. However, the Housens failed to file a notice of rejection of the arbitration decision within the required 20 days. Instead, they filed a motion for a new trial 29 days after the arbitrator’s decision, citing a clerical error for the delay.
The circuit court ...