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July 13, 2022
Video Proves Excluded Intentional Act

Punching a Person in the Face is an Excluded Intentional Act

Read the full article at https://lnkd.in/gymwEPRG and at https://zalma.com/blog and see the full video at https://lnkd.in/gTFqywxD and at https://lnkd.in/g_9GtYNY

See the full video at https://rumble.com/v1bvh2t-video-proves-excluded-intentional-act.html and at

Alphonso Williams, appealed a judgment granting the motion for summary judgment of the defendant, ANPAC Louisiana Insurance Company (“ANPAC”). The trial court dismissed plaintiff’s claims against ANPAC, finding the intentional act exclusion in the insurance policy precluded coverage for the injury caused by the insured, Christopher Hart.

In Alphonso B. Williams v. Christopher L. Hart & ABC Insurance Company, No. 54,604-CA, Court of Appeals of Louisiana, Second Circuit (July 6, 2022) the Court of Appeal looked to the video of a battery when Hart Punched Williams in the face without hesitation.
FACTS

On February 2, 2020, Alphonso Williams and Christopher Hart attended a Super Bowl event at a Holiday Inn hotel in Shreveport. At approximately 7:30 p.m., Hart violently punched Williams in the face, knocking him down. A surveillance camera recorded the incident.

At the time of the incident, Hart was insured by a homeowner’s policy issued by ANPAC. The insurance policy contains an exclusion of coverage for bodily injury “which is caused intentionally by . . . any insured, even if the resulting injury or damage is different than expected or intended. This exclusion shall not apply to an intentional act arising out of any insured’s use of lawful force to protect persons or property.”

ANPAC denied Williams’ insurance based on the exclusion.

Williams sued for damages against the defendants, Christopher Hart and ANPAC. After taking the depositions of Williams and Hart, ANPAC filed a motion for summary judgment alleging the insurance policy did not provide coverage because plaintiff’s injuries were caused by the intentional act of the insured.

The trial court granted ANPAC’S motion for summary judgment based on the policy language, the video and the applicable law. The trial court granted summary judgment in favor of ANPAC, dismissing plaintiff’s claims against ANPAC.
DISCUSSION

Summary judgment must be granted if the motion, memorandum and supporting documents show there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.

An insurance policy is a contract between the parties and should be construed using the general rules of contract interpretation.

ANPAC submitted the surveillance video to support its position that the insurance policy did not provide coverage because plaintiff’s injuries were caused by Hart’s intentional act of hitting plaintiff. The video of the incident shows Hart approach and then punch plaintiff after a brief exchange of words.

In their briefs, plaintiff and Hart do not dispute that Hart intentionally hit plaintiff, but assert their deposition testimony creates a genuine issue of material fact as to whether Hart acted in self-defense. Hart testified in his deposition that earlier in the evening, plaintiff had bumped into him and verbally insulted him. Hart stated that at the time of the incident, he felt afraid of plaintiff because of his earlier acts at the party and the existing antagonistic relationship between the two of them.

The Court of Appeal noted that Hart’s subjective belief that force was necessary is only one of two factors which must be proved to establish a self-defense claim. In asserting self-defense, an actor must show any force used was both reasonable and apparently necessary to prevent an offense against him.

A person making a self-defense claim is required to show not only that subjectively, the force used was apparently necessary, but also that objectively, such force was reasonable under the circumstances. A person who is the aggressor cannot claim the right of self-defense unless he withdraws from the conflict in good faith.

In the video, plaintiff is seen standing in the bar area prior to the incident when Hart walks directly up to plaintiff. The video shows they briefly exchanged words and Hart then punched plaintiff in the face.

ANPAC established by the video that Hart intentionally punched plaintiff after initiating the encounter which caused plaintiff’s injuries. Additionally, the video shows plaintiff did not grab or hit Hart before being punched. The Court of Appeal concluded that the video evidence supported a finding that Hart was the aggressor who cannot claim self-defense.

Hart’s use of force was unreasonable given his initiation of the physical confrontation when he could have kept his distance if actually afraid of plaintiff. Because Hart failed to show that, objectively, his use of force was reasonable under the circumstances, plaintiff has not demonstrated a genuine issue of material fact exists as to whether Hart acted in self-defense.

The trial court’s judgment was affirmed. Costs of the appeal were assessed one-half to appellant, Alphonso Williams, and one-half to appellee, Christopher Hart.
ZALMA OPINION

Mr. Hart was unwilling to take responsibility for his wrongful acts. There was no dispute that he hit Williams in the face. The video made clear that Williams did nothing to encourage the beating. The insurance policy clearly and unambiguously excluded intentional acts. The insurer proved the punch thrown by Hart was intentional and excluded. The parties wasted their time trying to get the insurer to pay and now Mr. Hart may find he must pay from his assets whatever judgment Williams will get from the trial court for the battery.

(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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Write to Mr. Zalma at [email protected];

http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

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September 18, 2026
Expert May Only Testify to What Experience Supports

Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.

Posted on September 18, 2026 by Barry Zalma

See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html

In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.

The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.

Law

The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...

00:03:10
September 17, 2026
Convicted on 29 Tax-Refund-Fraud Counts

150 Months in Prison for Tax Fraud
Post 4846

Posted on September 17, 2026 by Barry Zalma

See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.

FACTS

In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS

Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.

The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...

00:05:23
September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

00:05:14
September 25, 2026
Unwise for a Appellant to Represent Himself.

Inadequately Briefed Issues Defeats Appeal

Post 4852

Issues on Appeal Must be Adequately Briefed

Posted on September 25, 2026 by Barry Zalma

In Emy Ojekwe v. Connecticut Transit District Consortium, No. AC 47389, Court of Appeals of Connecticut (September 22, 2026) Emy Ojekwe alleged that he was injured on September 24, 2020, while leaving a bus operated by Connecticut Transit District Consortium, doing business as Greater Bridgeport Transit Authority.

According to his complaint, the wheelchair ramp began to rise before he had fully exited, causing his wheelchair to fall backward and allegedly injuring several parts of his body and damaging the wheelchair. The defendant denied negligence and alleged comparative negligence. After a two-day jury trial in November 2023, the jury returned a defense verdict.

The trial court denied Ojekwe’s motion to set aside the verdict and for a new trial, and he appealed.

LAW

A trial court’s refusal to set aside a verdict because of counsel’s improper remarks is reviewed for abuse of ...

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September 25, 2026
Unwise for a Appellant to Represent Himself.

Inadequately Briefed Issues Defeats Appeal

Post 4852

Issues on Appeal Must be Adequately Briefed

Posted on September 25, 2026 by Barry Zalma

In Emy Ojekwe v. Connecticut Transit District Consortium, No. AC 47389, Court of Appeals of Connecticut (September 22, 2026) Emy Ojekwe alleged that he was injured on September 24, 2020, while leaving a bus operated by Connecticut Transit District Consortium, doing business as Greater Bridgeport Transit Authority.

According to his complaint, the wheelchair ramp began to rise before he had fully exited, causing his wheelchair to fall backward and allegedly injuring several parts of his body and damaging the wheelchair.

LAW

Refusal to set aside a verdict because of counsel’s improper remarks is reviewed for abuse of discretion.

Appellate claims receiving only cursory treatment, without record citations, supporting authority, or legal analysis, are inadequately briefed.

DISCUSSION

Improper opening remarks.

Defense counsel referred to Ojekwe’s national origin,...

September 24, 2026
Restitution Sentence Affirmed

Psychiatrist Who Was Convicted of Fraud Asked the First Circuit to Reduce his Punishment
Post 4851

Posted on September 24, 2026 by Barry Zalma

Fraud to Private and Public Health Insurers Doesn’t Pay

In United States v. Gustavo Kinrys, Nos. 24-1592, 24-1716, United States Court of Appeals, First Circuit (September 21, 2026) Gustavo Kinrys, a Massachusetts psychiatrist, submitted fraudulent claims to private and public health insurers from 2015 through 2018, including bills for more than 1,000 sessions when he or the purported patient was outside the country. When insurers requested supporting records, he delayed through a fictitious office manager and created false documentation.

A jury convicted Kinrys on fourteen counts. The district court imposed a 99-month sentence, calculated intended loss at slightly more than $19 million based on billed amounts, ordered $6,537,309.59 in restitution, and ordered $6,527,391.19 in forfeiture.

At sentencing, the district court calculated Kinrys’s base offense level to be ...

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