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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Southern Insurance Company Of Virginia v. Justin D. Mitchell, et al., No. 3:24-cv-00198, United States District Court, M.D. Tennessee, Nashville Division (October 10, 2024) Southern Insurance Company of Virginia sought a declaratory judgment regarding its duty to defend William Mitchell in a wrongful death case pending in California state court.
KEY POINTS
1. Motion for Judgment on the Pleadings: The Plaintiff moved for judgment on the pleadings, which was granted in part and denied in part.
2. Duty to Defend: The court found that the Plaintiff has no duty to defend William Mitchell in the California case due to a specific exclusion in the insurance policy.
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Post 5119
Default of Settlement Agreement Reduced to Judgment
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Plaintiffs Government Employees Insurance Company and other GEICO companies (“GEICO”) sued Defendants Dominic Emeka Onyema, M.D. (“Onyema”), et al (collectively, “Defendants”) alleging breach of a settlement agreement entered into by the parties to resolve a previous, fraud-related lawsuit (the “Settlement Agreement”). GEICO moved the court for default judgment against ...
ZIFL – Volume 29, Issue 14
Post 5118
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You can read the full 20 page issue of the July 15, 2025 issue at https://lnkd.in/giaSdH29
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
This issue contains the following articles about insurance fraud:
The Historical Basis of Punitive Damages
It is axiomatic that when a claim is denied for fraud that the fraudster will sue for breach of contract and the tort of bad faith and seek punitive damages.
The award of punitive-type damages was common in early legal systems and was mentioned in religious law as early as the Book of Exodus. Punitive-type damages were provided for in Babylonian law nearly 4000 years ago in the Code of Hammurabi.
You can read this article and the full 20 page issue of the July 15, 2025 issue at https://zalma.com/blog/wp-content/uploads/2025/07/ZIFL-07-15-2025.pdf
Insurer Refuses to Submit to No Fault Insurance Fraud
...
Rulings on Motions Reduced the Issues to be Presented at Trial
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CASE OVERVIEW
In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.
FACTS
Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.
Prior to trial Bernier had three remaining claims against State Farm:
1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.
Both Bernier and State Farm dispositive motions before ...
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
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Health Care Fraud Trial Results in Murder for Hire of Witness
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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:
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Travelers issued a Commercial General Liability ...