INVITED ERROR MAKES SENTENCE REMAIN UNCHANGED
Post 4865
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Travis Darrell Gentry pled guilty to insurance fraud by presenting to insurer or person false or altered statement material to insurance, Idaho Code § 41-293(1)(c). Pursuant to a plea agreement, in exchange for his guilty plea, additional charges were dismissed. In State Of Idaho v. Travis Darrell Gentry, No. 51304, Court of Appeals of Idaho (August 21, 2024) the issue was resolved.As part of the plea agreement, both parties recommended a sentence of three years, with a minimum period of incarceration of one year, and three years of probation. The district court followed the recommendation and imposed a unified sentence of three years, with a minimum period of incarceration of one year, suspended the sentence, and placed Gentry on a term of probation for three years.
Mindful that he received the sentence that he requested, Gentry appealed contending that his sentence is excessive.
ANALYSIS
Although Gentry received the sentence he asked for, he asserts that the district court abused its discretion by imposing an excessive sentence.
The doctrine of invited error applies to estop a party from asserting an error when his or her own conduct induces the commission of the error. One may not complain of errors one has consented to or acquiesced in. This doctrine applies to sentencing decisions as well as rulings made during trial.
Therefore, because Gentry received the sentence he requested, he may not complain that the district court abused its discretion in sentencing. Accordingly, the judgment of conviction and sentence are affirmed.
ZALMA OPINION
Insurance criminals are narcissists. They think they can convince anyone of anything. Mr. Gentry was wrong. He agreed to a sentence in exchange for the state dropping some of the charges, he had nothing to complain about but did so anyway. The court made him stand by his agreement even if it was more than was appropriate it was the deal he made and he was required to serve the time. It takes a great deal of gall to try to set aside an agreement made between Gentry, his lawyer, the prosecutor and the trial judge. He will serve the time.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
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FACTS
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Anti-Public Adjuster Clause Is Effective in New York
Post number 5301
Read the full article at https://www.linkedin.com/pulse/public-adjusters-attempt-represent-insured-subject-zalma-esq-cfe-rubfc, see the video at and at and at https://zalma.com/blog plus more than 5300 posts.
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In Peter Barbato & North Jersey Public Adjusters Inc. v. Interstate Fire & Casualty Company, et al, No. 25-cv-5312 (JGK), United States District Court, S.D. New York (December 15, 2025) the plaintiffs, Peter Barbato and North Jersey Public Adjusters, Inc. (“NJPA”), filed suit against several insurance companies, including Interstate Fire & Casualty Company, Independent Specialty Insurance Company, and certain Underwriters at Lloyd’s of London.
FACTS
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Principles of Contract Interpretation Compels Reading Contract as Written
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Post number 5306
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Allegations of Fraudulent Insurance Billing Must be Pleaded with Specificity
In Genesis Laboratory Management LLC v. United Healthcare Services, Inc. and Oxford Health Plans, Inc., No. 21cv12057 (EP) (JSA), United States District Court, D. New Jersey (March 13, 2026) Genesis Laboratory Management LLC (“Genesis”), a New Jersey-based molecular diagnostic and anatomic pathology laboratory, provided COVID-19 related testing services and submitted claims for reimbursement as an out-of-network provider to United Healthcare Services, Inc. (“United”) and Oxford Health Insurance, Inc. (“Oxford”). Metropolitan Healthcare Billing, LLC (“Metropolitan”), owned by the same individual as Genesis, handled the billing for Genesis.
FACTUAL BACKGROUND
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