Fraud Judgment for $45.657,401.01 Against Fraudster Seeks Bankruptcy Protection

Post 4904

Read the full article at https://www.linkedin.com/pulse/chutzpah-fraud-perpetrator-tries-use-court-avoid-zalma-esq-cfe-drswc, sSee the full video at and at and at https://zalma.com/blog.

Court Refuses to Allow Procedural Rules To Enable Fraud Perpetrator Lupolover To Manipulate the Federal Court to Avoid Paying The Judgment

Before the USDC, ED, New York was the motion of Non-Debtor Respondents Michael Lupolover and NJTM Ventures, LLC seeking reconsideration of the Court’s July 29, 2024 Order establishing a temporary restraining order (TRO).

In Allstate Insurance Company, et al. v. Mark Mirvis, et al., No. 08-CV-4405 (PKC), United States District Court, E.D. New York (September 26, 2024) was compelled to continue jurisdiction of an October 2008 motion by Plaintiff Allstate Insurance Company after...

Insurance Fraud Exists at the Time the False Claim is Made Not Payment of the False Claim

Read the full article at https://www.linkedin.com/pulse/intentionally-presenting-false-claim-crime-barry-zalma-esq-cfe-lrp6c, see the full video at and and at https://zalma.com/blog plus more than 4900 posts.

Post 4903

A Knox County, Tennessee jury convicted John M. Fletcher of initiating a false report to a law enforcement officer and presenting a false or fraudulent insurance claim. The trial court imposed an effective sentence of four years.

In State Of Tennessee v. John M. Fletcher, No. E2022-01319-CCA-R3-CD, Court of Criminal Appeals of Tennessee, Knoxville (September 24, 2024) the court of appeals disposed of the false report to a law enforcement officer and dealt with the Insurance Frau charge.

FACTUAL BACKGROUND

On November 11, 2018, the Defendant purchased a 2006 black Hummer. The Defendant owned several other ...

Independent Adjuster Owes no Duty to Insured Absent Fraud

Post 4902

Read the full article at https://www.linkedin.com/pulse/adjuster-only-owes-duty-insurer-barry-zalma-esq-cfe-ouoqc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

Defendant Applied Building Sciences, Inc. (“Applied”) moved the USDC to dismiss claims of negligence, intentional misrepresentation, and conspiracy brought by Plaintiff Hermes Health Alliance, LLC (“Hermes”).In Hermes Health Alliance, LLC v. Certain Underwriters At Lloyd’s, London, et al., Civil Action No. 23-2276, United States District Court, E.D. Louisiana (September 25, 2024) the USDC resolved the dispute.

BACKGROUND

Defendant Applied Building Sciences, Inc. (“Applied”) moved the USDC to dismiss claims of negligence, intentional misrepresentation, and conspiracy brought by Plaintiff Hermes Health Alliance, LLC (“Hermes”).

In Hermes...

Intentional Acts, Insurance Claims & Exclusions
Insurance Requires a Fortuitous Act

Available only to subscribers to Excellence in Claims Handling at Subscribe to “Excellence in Claims Handling” at https://barryzalma.substack.com/subscribe for only $5 a month or $50 a year.
It includes the following: "In 1978, the California Supreme Court in Clemmer v. Hartford Insurance Co.71 dealt with a shooting that resulted in the death of the victim.

Regardless, it still led to a finding by the Supreme Court of California of a need for defense and indemnity. The court concluded that Hartford had no duties with regard to Dr. Lovelace’s intentional acts in the killing of Dr. Clemmer but was obligated to defend him. If there was a finding of nonintentional conduct in the shooting, however, it would be obligated to defend and its refusal to do so was wrongful."

Go to my Interview on the Art of Adjusting Podcast
Barry Zalma, Esq., CFE
Insurance claims expert, consultant at Barry Zalma, Inc. and author/Publisher at ClaimSchool, Inc.
August 30, 2024

Posted on August 30, 2024 by Barry Zalma

See the video at:

In this episode, Chantal Roberts and William Auten welcome Barry Zalma, a seasoned insurance industry professional with over 56 years of experience. The trio discusses the changing role of insurance adjusters, their relationship with policyholders, and the current challenges faced by the industry.

Barry shares his journey from a military investigator to a trainee adjuster and recounts significant cases that shaped his career. Barry focuses on the critical importance of effective and fair claims handling for the profitability of insurance companies and the detrimental impact of poor handling practices. The team also grapple insurance fraud, the adversarial nature of the legal system, and the ...

False Swearing & Fraud in Claim Presentation Voids Policy

Read the full article at https://lnkd.in/gXTmBN9m, See the full video at https://lnkd.in/gt8Qd6hB and at https://lnkd.in/gzuf8PWP, and at https://zalma.com/blog.

NEVER LIE TO YOUR INSURER ABOUT THE EXTENT OF DAMAGE

Post 4833

An insurance coverage dispute that arose from a pipe burst in the historic Pittsfield Building in downtown Chicago. On December 17, 2016, two pipes burst on the tenth floor of the Pittsfield Building, causing water damage to the first ten floors. After the loss event, the Pittsfield Entities filed a claim for the damage with their insurer, The Travelers Indemnity Company (“Travelers”) and could not agree on the extent of damage.

In Pittsfield Development LLC, et al. v. The Travelers Indemnity Company, No. 18CV06576, United States District Court, N.D. Illinois (July 3, 2024) the USDC resolved the action and Travelers’ claim of fraud in the claim presentation discovered during discovery in the plaintiffs’ breach of contract suit.

After initial motion ...