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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 22, 2024
No Post Conviction Help

Unrelated Witness Misconduct no Help to Convicted Shooter

Read the full article at https://lnkd.in/gD3GMuDC, see the full video at https://lnkd.in/gyf488DC and at https://lnkd.in/gUpxQCCz and https://zalma.com/blog plus more than 4800 posts.

Post 4806

Luis M. Soto (“Soto”) appealed pro se from the order dismissing his second petition for relief filed pursuant to the Post Conviction Relief Act (“PCRA”).

In Commonwealth Of Pennsylvania v. Luis M. Soto, Nos. 831 EDA 2023, 832 EDA 2023, 833 EDA 2023, 834 EDA 2023, No. J-S04035-24, Superior Court of Pennsylvania (May 14, 2024) the appellate court gave consideration to all the pro se claims only to see them quashed.
FACTS

In 2013, Soto discharged a firearm into a large crowd of people in Philadelphia, killing one person and injuring three others, including Larry Robinson. Madeline Soberal, a witness to the shooting, was initially reluctant to speak with police, but after interacting with Officer Carmen Sanchez, identified Soto as the shooter from a photo array. The matter proceeded to a consolidated jury trial at which Soberal testified that she was a few feet away from Soto when he pulled out a firearm and began shooting into the crowd. Officer Sanchez testified that Soberal feared for her safety if she provided a statement to police and had to be convinced that police would ensure her safety if she agreed to provide testimony against Soto.

After Soto was convicted, in May 2022, the Philadelphia District Attorney’s Office sent correspondence to Soto that revealed that each of the officers who testified with regard to his trial and conviction had been involved in various forms of misconduct unrelated to Soto’s criminal case. For example, Officer Sanchez received a fifteen-day suspension after being found guilty of insurance fraud, Officer Cartegena was disciplined for using excessive force in an unrelated criminal matter, and Detective Crone was disciplined for both a domestic violence incident and for authoring a racially offensive letter. None of the misconduct had anything to do with the shooting.

Soto claimed that he was entitled to a new trial on the basis that, “had the jury been aware of the officers’ history of, and propensity for misconduct at the time of his trial, the outcome would have been different.”

The PCRA court entered an order dismissing the petition. The appellate court reviews an order dismissing a petition under the PCRA in the light most favorable to the prevailing party at the PCRA level.

ANALYSIS

The PCRA court concluded that Soto’s claims lacked merit. The PCRA court observed that the evidence of misconduct by the officers was completely unrelated to Soto’s criminal case. The appellate court concluded that the PCRA court’s determination, that the after-discovered evidence presented by Soto had no other use than to impeach the credibility of the officers’ testimony at trial, is supported by the record and free of legal error.

In his PCRA petition, Soto identified only one witness who would testify at an evidentiary hearing, that is, Assistant District Attorney Shoshana Silverstein, to confirm that she provided Soto with the police misconduct disclosure packet that is the basis for his claims.

No witnesses at trial claimed that they were coerced by police, and the only evidence offered by Soto to the contrary was the isolated instances of unrelated police misconduct included in the police disclosure packet. Soto’s claims were entirely speculative.

The Superior Court concluded that the PCRA court’s decision to deny Soto’s request for leave to amend his petition is supported by the record and free from legal error. Soto’s issues merits no relief.

ZALMA OPINION

The essence of this case is that Soto must stay in jail. The fact that one of the officers who testified against Soto was convicted of Insurance Fraud and other officers were disciplined for unrelated issues had no bearing on the fact that Soto shot many bullets into a group of people and killed someone did not change and he was not entitled to post conviction relief.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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00:06:47
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20 hours ago
Allegations That Establish Breach of a Condition Defeats Suit

Notice of Claim Later than 60 Days After Expiration is Too Late

Post 5089

Injury at Massage Causes Suit Against Therapist

Read the full article at https://lnkd.in/gziRzFV8, see the full video at https://lnkd.in/gF4aYrQ2 and at https://lnkd.in/gqShuGs9, and at https://zalma.com/blog plus more than 5050 posts.

Hiscox Insurance Company (“Hiscox”) moved the USDC to Dismiss a suit for failure to state a claim because the insured reported its claim more than 60 days after expiration of the policy.

In Mluxe Williamsburg, LLC v. Hiscox Insurance Company, Inc., et al., No. 4:25-cv-00002, United States District Court, E.D. Missouri, Eastern Division (May 22, 2025) the trial court’s judgment was affirmed.

FACTUAL BACKGROUND

Plaintiff, the operator of a massage spa franchise, entered into a commercial insurance agreement with Hiscox that provided liability insurance coverage from July 25, 2019, to July 25, 2020. On or about June 03, 2019, a customer alleged that one of Plaintiff’s employees engaged in tortious ...

00:08:31
June 02, 2025
Zalma’s Insurance Fraud Letter – June 1, 2025

ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Posted on June 2, 2025 by Barry Zalma

Post 5087

See the full video at and at

Read the full article and the full issue of ZIFL June 1, 2025 at https://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-06-01-2025.pdf

Zalma’s Insurance Fraud Letter – June 1, 2025

See the full video at https://lnkd.in/gw-Hgww9 and at https://lnkd.in/gF8QAq4d, and at https://zalma.com/blog plus more than 5050 posts.

ZIFL – Volume 29, Issue 11

The Source for the Insurance Fraud Professional

Read the full article and the full issue of ZIFL June 1, 2025 at https://lnkd.in/gTWZUnnF

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 ...

00:08:42
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May 30, 2025
Plain Language of Policy Enforced

No Coverage if Home Vacant for More Than 60 Days

Failure to Respond To Counterclaim is an Admission of All Allegations

Post 5085

See the full video at https://lnkd.in/gbWPjHub and at https://lnkd.in/gZ9ztA-P, and at https://zalma.com/blog plus more than 5050 posts.

In Nationwide Mutual Insurance Company v. Rebecca Massey, Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025) Defendant Nationwide Mutual Insurance Company's (“Nationwide”) motion for Default Judgment against Plaintiff Rebecca Massey (“Plaintiff”) for failure to respond to a counterclaim and because the claim was excluded by the policy.

BACKGROUND

On February 26, 2022, Plaintiff's home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.

Plaintiff filed suit ...

00:06:50
May 15, 2025
Zalma's Insurance Fraud Letter - May 15, 2025

ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional

See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.

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 ...

May 15, 2025
CGL Is Not a Medical Malpractice Policy

Professional Health Care Services Exclusion Effective

Post 5073

See the full video at https://lnkd.in/g-f6Tjm5 and at https://lnkd.in/gx3agRzi, and at https://zalma.com/blog plus more than 5050 posts.

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 ...

April 30, 2025
The Devil’s in The Details

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...

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