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May 06, 2025
Insurance Fraud is a Violent Crime

Murder for Insurance Proceeds Results in Life in Prison

It Is Not Nice to Break Your Wife's Neck to Collect her Life Insurance So You Get Life In Prison

Post 5067

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Insurance fraudster and murder Kenneth Russell Moyer appealed the trial court's denial of his petition for resentencing under Penal Code section 1172.6.  Moyer took issue with the jury's conclusion he was a beneficiary on his wife's insurance policy, his counsel's failure to properly litigate this issue at his first trial and argued his appellate counsel's conclusion he is ineligible for relief under section 1172.6 constituted ineffective assistance of counsel.

In The People v. Kenneth Russell Moyer, C100909, California Court of Appeals, Third District, El Dorado (April 23, 2025) the Court of Appeals kept the killer in jail.

BACKGROUND

The information charged Moyer with murder, conspiracy to commit murder, insurance fraud and attempted escape while felony charges are pending. The information further alleged the special circumstance that the murder was committed for financial gain.

The facts of the underlying the offense are set forth in the appellate opinion from Moyer's prior appeal. (People v. Moyer (Aug. 30, 1996, C019477) [nonpub. opn.] (Moyer).)

Succinctly stated, in this case, a wealthy widow marries an unfaithful man who takes financial advantage of her, leading to her murder.

Shortly after the start of their marriage, Moyer shared his plans with Ross, a former employee who was in prison. The two discussed whether Ross would kill the victim for Moyer when he was released from prison in 1992 by breaking her neck. The plan failed when Ross was denied release.

In September 1992, Moyer and the victim each took out $180,000 life insurance policies. Each policy required a physical examination. Moyer was the beneficiary of the victim's policy. The victim completed her physical examination, and her life insurance policy became effective. That evening a passing motorist reported seeing a car plunge down an embankment. The motorist found the victim dead in the driver's seat, covered in dried blood. Mitch McLees was semiconscious in the passenger seat but suddenly became alert when paramedics attempted to intubate him. He had no internal injuries and only a small cut.

A pathologist determined that the victim did not die in the car accident but rather died from a broken neck.

McLees testified that he was working in the couple's garage the night of the murder. When Moyer called out to him, he came into the house and found Moyer standing over the victim's body. Moyer told McLees that he had already killed the victim and instructed him to drive somewhere and stage an accident. When McLees refused, Moyer threatened to tell the police that McLees had killed the victim and also threatened his family and fiancée.

After the murder, Moyer hired workers to scrape grout from the tiles in his home's entryway, explaining that he had spilled cherry cough syrup on them. However, when investigators analyzed the grout, they found the victim's blood.

THE TRIAL

McLees was convicted of first degree murder of the victim for financial gain and insurance fraud. The jury convicted Moyer of murder, conspiracy to commit murder and insurance fraud. The jury also found true the special circumstance that the murder was committed for financial gain.

The trial court sentenced Moyer to life without the possibility of parole for the murder, 25 years to life for the conspiracy, and three years in state prison for the attempted escape.

Moyer moved for resentencing and the trial court denied the petition, finding the record of conviction ... was found by the jury to have acted with the intent to kill; therefore, as to both counts, the Petitioner is ineligible for relief as a matter of law and the Court does not find a prima facie showing has been made."

DISCUSSION

Senate Bill No. 1437 added what is now section 1172.6, which allows those convicted of felony murder or murder under the natural and probable consequences doctrine to seek relief.

As to Moyer's murder conviction, the trial court instructed the jury on the elements of murder: that a human being was killed, the killing was unlawful, and the killing was done with malice aforethought. More importantly, the trial court instructed the jury on the special circumstance allegation that the murder was committed for financial gain. The jury found Moyer guilty of first degree murder and found this special circumstance allegation the murder was committed for financial gain true.

As to the factual finding Moyer had the requisite intent to kill. Here the trial court did not err in denying Moyer's petition because he was ineligible for relief as a matter of law based on the jury's special circumstance finding he was the actual killer or he was a direct aider and abettor who had the intent to kill the victim.

ZALMA OPINION

Many in the police, judiciary, and prosecutors believe that insurance fraud is not a violent crime. When a man breaks his wife's neck so he can collect the proceeds of a life insurance policy, the act is as violent a crime as can be conceived. The unmitigated gall of the murderer to first unsuccessfully appeal his conviction and then move to reduce his sentence failed because the evidence was overwhelming and the California Court of Appeal recognized that murder for profit is a serious crime keeping Moyer in Prison for the rest of his life.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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00:09:41
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21 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

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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

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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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