Zalma on Insurance
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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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May 18, 2022
True Crime of Insurance Fraud Video Number 75

I Don’t Need Your Stinkin’ License!

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Yuri Gasparov was 19 years old when he entered the United States from the old Soviet Republic of Georgia. Although still a teenager he was strong of will and body. In the old Soviet Georgia he had made his mark as a thief, extortionist and enforcer. Yuri was 13 years old when he first killed a man who refused to pay half his earnings to the group Gasparov joined when he was 11.

When the Soviet Union fell, he emigrated to the U.S. He saw the U.S., unlike the new Georgian Republic, as a place of opportunity for his criminal skills.

Gasparov arrived at Los Angeles International Airport on an immigrant’s Visa claiming to be a persecuted Russian Jew. He was unusual as an immigrant. There were gold bars weighing ten Kilograms and 30 carats of “D” to “H” color diamonds in his luggage. Yuri stepped off an Al Italia jet from the First Class Cabin wearing an English suit cut by a Saville Row tailor, a Gold Rolex President watch and Italian alligator leather shoes.

As he waited in the “Nothing to Declare” line at the Bradley International Terminal women in the line openly stared. They saw a handsome young man with long black hair, green eyes, an aquiline nose and a neatly trimmed Van Dyke beard. They assumed he was an Italian Actor come to try his hand at Hollywood.

A limousine was waiting to pick him up at the curb. The chauffeur held the door for him as he entered the long, white, stretched Lincoln Town Car welcoming him to the U.S. in Russian.

Yuri Gasparov had convinced the boss in Georgia that it was necessary to use the American system to make profit and leave the violent tried and true methods of making a criminal profit perfected in the old Republic of Georgia. The American system of civil justice was open to the devious, the criminal and the unethical for instant wealth.

What he did not know, basking in all the accouterments of immediate success, that knowledge of the law or how to practice law, was irrelevant to his success. All that was required of Casparian was to hang his license on the wall and wait for the profits to roll in.

Casparian did not know — or refused to learn — that his “clients” were not injured, that they never received medical treatment and that most had never been involved in an accident. Casparian convinced himself that he had achieved the American dream and was the most successful new lawyer in the state of California.

Within weeks new clients’ cases were flowing into the Casparian law firm at three times the rate as the first year of business. The three doctors were, by their billing, treating over sixty patients a day. Medical bills were forwarded to the Casparian law firm on behalf of its clients of more than $100,000 a day.

Profits increased exponentially. Casparian, sitting in his office spent most of his time watching daytime soap operas on the office television. The secretarial staff and the staff of adjusters worked 10 hours a day negotiating hundreds of claims a day. Everyone in the Casparian law firm was happy and Gasparov had purchased, for cash, a four bedroom house in Brentwood.

The staffs of the various SIUs worked together to create a database of claims from the Casparian law firm. It found that the doctors, by their billing records, were billing for more than 80 hours of work a day. Auto accident victims, although never to the same insurer twice, were involved in more than fifteen accidents a month.

The information was taken to the Major Fraud Division of the Los Angeles District Attorney’s office. In a task-force with the Fraud Division, California Department of Insurance and the Los Angeles Police Department, search warrants were issued for the files of the law office and the offices of the three doctors. Records were gathered and collated. Four months later arrest warrants were issued for Casparian, the three doctors and each “adjuster” in the law firm.

Gasparov, the instigator and receiver of the profits, sold his house in Brentwood when the search warrants were issued, moved to Fresno, and started an office with a lawyer who had immigrated from Kazakstan.

Gasparov’s new law office in Fresno is a great success. His position in the criminal organization has improved and he is now only third in line behind the boss in Georgia.

Without the benefit of, education, training or a license Yuri Gasparov made more money from the practice of law in California than 99 percent of the lawyers in the state and continues to earn more than any lawyer practicing in Fresno, California.
ZALMA OPINION

The insurance industry’s need to deal fairly and in good faith with everyone presenting a claim made them vulnerable to an intelligent and immoral criminal. A group of good investigators stopped the fraud only to have the courts hand out minimal sentences and allowed the instigator of the fraud to escape and proceed with his criminal pursuits elsewhere. It is time that the courts truly punish those involved in insurance fraud.

(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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February 21, 2025
No Coverage for Criminal Acts

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...

00:08:09
February 20, 2025
Electronic Notice of Renewal Sufficient

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 ...

00:09:18
February 19, 2025
Post Procurement Fraud Prevents Rescission

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...

00:07:58
February 07, 2025
From Insurance Fraud to Human Trafficking

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 ...

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February 06, 2025
No Mercy for Crooked Police Officer

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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February 05, 2025
EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE

Read the full article at https://lnkd.in/gRyw5QKG, see the full video at https://lnkd.in/gtNWJs95 and at https://lnkd.in/g4c9QCu3, and at https://zalma.com/blog.

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 ...

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