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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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July 23, 2024
Never Drive a Stolen Vehicle In View of the Owner

Conviction for Possession of a Stolen Vehicle
Post 4840

Read the full article at https://lnkd.in/gYupYqrB, see the full video at https://lnkd.in/g7zyQJs5 and at https://lnkd.in/genXakVP and at https://zalma.com/blog plus more than 4800 posts.

Go to my sites at https://lnkd.in/gmmzUVBy & https://zalma.com/blog

Jennifer L. Martin appealed her possession of a stolen vehicle conviction, arguing that the allowed testimony violated the confrontation clause and the trial court erred in denying her hearsay objection during trial. The State concedes that it failed to prove Martin’s criminal history. Martin alleged prosecutorial misconduct and ineffective assistance of counsel.

In State Of Washington v. Jennifer Lorriane Martin, No. 57915-4-II, Court of Appeals of Washington, Division 2 (July 9, 2024) the Court of Appeals affirmed her conviction.

FACTS

Pierce County Sheriff’s Department dispatched Deputy Carly Cappetto to investigate the report of a stolen vehicle. The vehicle’s owner reported that he spotted the vehicle and followed it to a U-Haul store. Cappetto was nearby and also observed the vehicle pull into the U-Haul store.

Cappetto observed Martin get out of the vehicle and walk over to a U-Haul truck. Cappetto approached the vehicle and confirmed that it was the stolen vehicle by checking the vehicle identification number. Martin was aware of Cappetto’s presence and kept looking over at her.

Cappetto observed Martin get into the U-Haul truck and drive through an alley. Cappetto followed them and waited for backup. The truck stopped at a nearby grocery store and Cappetto observed Martin get out of the truck and go inside the store.

A store employee approached the deputies and told them the individual they were looking for was in the restroom and had been in there the whole time. Cappetto located Martin in the restroom and arrested her. The State charged Martin with unlawful possession of a stolen vehicle.

THE TRIAL

During trial, Cappetto testified to the events that led up to Martin’s arrest. When testifying about looking for Martin inside the grocery store, Cappetto stated that a store employee approached the deputies and said, “the female [they] were looking for was located in the bathroom, and she had been in there ever since she came in.” Defense counsel objected, stating, “I object to her reporting hearsay from the store clerk that we can’t examine.” The trial court overruled the objection.

The jury found Martin guilty of unlawful possession of a stolen vehicle.

SENTENCING

At sentencing, the State only summarized Martin’s criminal history without providing evidence. Martin conceded that she had a prior felony conviction for escape but argued that it washed out.

The trial court concluded that the prior felony did not wash out and calculated her offender score as a one. The court imposed a low-end standard range sentence of two months. The court ordered Martin to pay $500 in restitution to the vehicle’s owner for damage to the vehicle.

ANALYSIS

Confrontation Clause

Neither a general objection nor a hearsay objection is enough to apply the Constitutional Right to Confrontation of Witnesses. During trial, Cappetto testified that while looking for Martin inside the store, a store employee approached the deputies. Additionally, Martin raised the issue of confrontation previously in her motion to suppress Wright’s statements and in so doing demonstrated awareness of the issue and ability to specifically raise it.

Hearsay

Martin next contended that the trial court abused its discretion in allowing Cappetto to testify to the grocery store clerk’s statement. “Hearsay” is a statement, other than one made by the declarant while testifying at trial, offered in evidence to prove the truth of the matter asserted. Generally, hearsay is not admissible unless an exception applies. An exception for present sense impressions and the declarant’s availability is immaterial.

A store employee approached the deputies and told them Martin was in the restroom and had been in there since she came in. This statement was made within minutes of the deputies starting their search for Martin and was based on the store employee’s observation of what was happening at the grocery store. The contemporaneous and spontaneous nature of the statement, including the timing, nature, and content, reduces the chance of misrepresentation or fabrication by the witness. Therefore, the statement was a present sense impression and an exception to the hearsay rule.

The court affirmed Martin’s conviction but accept the State’s concession regarding the sentencing error involving proving Martin’s criminal history, and remand for resentencing.

ZALMA OPINION

Criminals, like Ms. Martin, have by definition chutzpah or they wouldn’t commit crimes. Ms. Martin caught in the act operating a stolen vehicle when the owner can see her and call in the Sheriff’s office to arrest heR is less than an act of a wise person. She was caught in the act, arrested and then had the unmitigated gall to appeal based on non-existent objections and misstatements of the hearsay doctrine. He sentence was kind and a reasonable person, like Martin, with a criminal conviction history, including escape, should have accepted the sentence and left the court to deal with serious crimes, like insurance fraud.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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00:09:07
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September 18, 2026
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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.

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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
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Suit Must be Ripe When Filed

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Post 4870

Posted on October 20, 2026 by Barry Zalma

In Louis Briggs v. Shaun Wimberly; Somerset Services, Inc.; And Wimberly & Associates, PLLC, and Louis Briggs v. Shaun Wimberly And Wimberly & Associates, PLLC Nos. 2024-CA-1471-MR, 2025-CA-1366-MR, Court of Appeals of Kentucky (October 9, 2026) Louis Briggs was arrested in 2014 after an incident with police and charged with several offenses, including third-degree assault.

Probable cause was found and an indictment was returned, but the charges were eventually dismissed. His attorney, Shaun Wimberly, then filed a federal civil rights suit for Briggs in a United States district court, which also asserted state-law claims. The district court dismissed most of the claims and declined to exercise jurisdiction over the remaining state-law claims. Briggs blamed Wimberly for the result, fired him, and appealed to the Sixth Circuit.

While the federal appeal was pending, Briggs filed a legal malpractice action against Wimberly in the Jefferson Circuit Court. The Sixth ...

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October 19, 2026
Plaintiff’s Reading of the Policy is Plaintiff’s Reasonable Allegations Posted on October 19, 2026 by Barry Zalma CLASS ACTION THAT STATES A SIMPLE CLEAR AND PLAUSIBLE CAUSE OF ACTION SURVIVES Post 4868 In Sheila Marino v. Farmers New World Life Insura

Plaintiff’s Reading of the Policy is Plaintiff’s Reasonable Allegations

Posted on October 19, 2026 by Barry Zalma

Post 4868

CLASS ACTION THAT STATES A SIMPLE CLEAR AND PLAUSIBLE CAUSE OF ACTION SURVIVES

In Sheila Marino v. Farmers New World Life Insurance Company, No. 2:25-cv-02200-JNW, United States District Court, W.D. Washington, Seattle (October 13, 2026) defendant Farmers New World Life Insurance Company’s (“FNWL”) moved to dismiss Plaintiff Sheila Marino’s putative class action involving flexible universal life insurance.

Marino filed a putative class action in King County Superior Court alleging: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) violation of the Washington Consumer Protection Act (CPA).

She pleaded two theories: an “overcharge” theory and an “underpayment of interest” theory asked the Court to take judicial notice of historical Federal Funds Effective Rates.

THE LAW

Pleading Standard.

To survive a Rule 12(b)(6) motion, a ...

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October 16, 2026

Alleged Defamatory Statements Must be Of and Concerning Plaintiffs

Posted on October 16, 2026 by Barry Zalma

To Prove Defamation the Statement Must be Of and Concerning the Plaintiffs

Post 4867

In Michael Moloney and Sergio Cantu v. United Services Automobile Association, No. 04-25-00519-CV, Court of Appeals of Texas, Fourth District, San Antonio (October 14, 2026) Michael Moloney and Sergio Cantu appealed from the trial court’s granting of a traditional motion for summary judgment in favor of United Services Automobile Association (“USAA”) on their defamation claim.
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Moloney and Cantu sued USAA for defamation, alleging that they are the principals of Informed Roofing & Restoration, LLC (“Informed Roofing”), which is primarily engaged in the residential roofing repair and replacement business, and that an employee or agent of USAA had made false and defamatory statements to the San Antonio Police Department (“SAPD”) concerning them.

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