Roofers, Insurance, Hurricanes and Fraud
Post 5234
See the video at https://rumble.com/v7281fq-a-blue-tarp-is-not-a-roof-repair.html and at https://youtu.be/tgdzky79tG0, and at https://zalma.com/blog plus more than 5200 posts.
Homeowners Defrauded by Roofer Litigates for Years to Get Their Money Back
In Gary v. Hollier’s Specialty Roofing, Inc., 23-260 (La. App. 3 Cir. 12/27/23), 389 So. 3d 109 Ryan Gary and Rebecca Gary (the Garys), homeowners who suffered roof damage from Hurricane Delta sued Hollier’s Specialty Roofing, Inc. (Hollier Roofing), a roofing contractor who took the money and refused to complete the repair of the roof.
KEY FACTS
The Garys’ roof was damaged by Hurricane Delta on October 9, 2020. The next day, they signed a written agreement with Hollier Roofing for repairs, including an addendum authorizing direct insurance payments from their insurer, Federal National Insurance Company.
Hollier Roofing installed a temporary tarp and received payments totaling $18,278.21 ($2,190 from the Garys for the tarp, plus insurance checks of $5,588.88 for the tarp and $10,499.33 for repairs). However, no further work was done, and Hollier Roofing submitted escalating estimates ($21,234.04, then $22,406.46) for full roof replacement, leading to an updated insurance approval of $18,224.80.
Frustrated by the lack of progress, the Garys demanded return of unearned funds ($12,689.13) in April 2021. Hollier Roofing partially refunded $6,043.47 but retained $6,645.66, claiming it for overhead, profits, and services under the agreement. The Garys sued in May 2021 for declaratory judgment (invalidating the contract), unjust enrichment, and violations of Louisiana’s Unfair Trade Practices Act (LUTPA).
PROCEDURAL HISTORY
Trial Court Proceedings
On July 2021 the trial took place on declaratory action and Hollier Roofing’s exception of prematurity. March 2022 judgment invalidated the written contract and overruled the exception (unappealed).
April 2022: Hollier Roofing filed an answer and reconventional demand for breach of contract and LUTPA attorney fees. In May 2022 the Garys moved to strike the reconventional demand and for partial summary judgment on unjust enrichment.
In June 2022: Hollier Roofing filed a cross-motion for summary judgment and an amended answer/reconventional demand (without leave for the answer portion). The Garys responded with motions to dismiss the amended pleading, for sanctions, and to compel discovery. On August 19, 2022 the court granted Garys’ motion to strike reconventional demand, partial summary judgment (awarding $6,645.66 for unjust enrichment), and sanctions ($1,500 attorney fees) and concurrently denied Hollier Roofing’s cross-motion for summary judgment.
On August 31, 2022 the court entered a Supplemental Judgment granting the Garys’ motion to compel discovery and denied Hollier Roofing’s motion for leave to amend.
Hollier Roofing appealed both judgments (amended May 15, 2023, for decretal language). Garys answered seeking additional attorney fees.
ISSUES ON APPEAL
The Third Circuit Court of Appeal conducted de novo review for summary judgments and abuse of discretion/manifest error for other issues and held.
Garys’ Partial Summary Judgment was reversed. Garys’ supporting documents (check copies) were unauthenticated (not affidavits/depositions; prior admissions insufficient under La. Code Civ. P. art. 966(D)(2)). Genuine issues of material fact remained on unjust enrichment.
Dismissal of Cross-Motion for Summary Judgment (Affirmed): Untimely served under La. Code Civ. P. arts. 966(B)(1) & 1313(C) (no electronic confirmation of delivery; “Not Read” receipt insufficient).
Denial of Cross-Motion for Summary Judgment was moot. Dismissed as untimely served. Sanctions/Attorney Fees (Reversed): Manifest error under La. Code Civ. P. art. 863; no exceptional circumstances. No bad faith or improper purpose.
Denial of Leave to Amend was affirmed because there was no abuse; evidence showed Hollier Roofing’s pattern of bad faith (delaying tactics, undue prejudice to Garys).
Garys’ Request for Additional Attorney Fees was denied.
DISPOSITION
August 19, 2022 Judgment (as amended) was reversed and dismissed Hollier Roofing’s LUTPA attorney fees claim, Garys’ partial summary judgment, and sanctions/attorney fees was affirmed.
ZALMA OPINION
Hurricanes are hotbeds for fraud perpetrators. The litigation made clear that defendant Hollier Roofing acted horribly to the Garys. They took their money, put a tarp on their roof, and left. Their actions were clearly fraudulent and they deserved judgments against them but had enough money to take the Garys’ through litigation for years from 2020 to 2025 where the opinion finally got a judgment that the Garys can use to get some of their money back if Hollier has funds that can be attached and garnished to the Garys.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.
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.
Law
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...
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 ...
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 ...
Sentence for Stealing from Veterans Administration Reasonably Considers State Insurance Fraud & Arson Convictions
Post 4863
Posted on October 14, 2026 by Barry Zalma
In United States Of America v. Anthony Curtis Brewer, No. 26-10745, United States Court of Appeals, Eleventh Circuit (October 8, 2026) Anthony Curtis Brewer became the fiduciary for an incapacitated recipient of Department of Veterans Affairs survivor benefits and agreed to use her funds solely for her care and support without commingling them with his own.
The VA determined that he misused $67,232.33 and removed him as fiduciary in 2022. Brewer pleaded guilty to theft of more than $1,000 in government property under 18 U.S.C. § 641. At sentencing, the district court attributed $53,567 in loss to him, producing an advisory Guidelines range of 15 to 21 months.
Citing the victim’s vulnerability, Brewer’s attempts to avoid responsibility, and his other fraudulent conduct — including state convictions for arson and insurance fraud — the court ...
Title Insurance Only Insures Real Property
Posted on October 13, 2026 by Barry Zalma
When a Seller Advised it Could Not Obtain Title to the Home Fraud Can’t be Proved
A Manufactured Home is Personal Property Until it Becomes Real Property
Post 4862
In Dale Johnson and Rose Johnson, Husband and Wife v. Stewart Title Guaranty Co., and Lennar Mortgage, LLC; Low Va Rates, LLC; Sandpoint Title Insurance, Inc.; Village Capital & Investment, LLC; and David Cassel, Engineer Agent; and Unknown Does 1-50, inclusively, No. 53126, Court of Appeals of Idaho (October 9, 2026) Dale and Rose Johnson purchased Idaho real property in 2012 with a manufactured home on it. Their purchase addendum acknowledged that the seller could not obtain title to the home, that evidence of title and an ALTA-7 endorsement might not be available, and that they accepted the home “as is.”
In 2020, after a HELOC application was denied, the Johnsons learned that the home had been wrecked and decertified in 2004 and that its 2006 conversion to real ...
Denial Of Mental Health Diversion And Probation Condition Were Affirmed
Posted on October 9, 2026 by Barry Zalma
Post 4860
In The People v. Nicholas Daniel Stiles, A173483, A173646, California Court of Appeals, First District, Second Division (September 29, 2026) Nicholas Daniel Stiles pleaded no contest to one count of insurance fraud arising from his purchase of automobile insurance after a June 2021 collision, and to grand theft arising from an April 2024 incident at a 7-Eleven.
In both cases, the trial court suspended imposition of sentence and placed him on two years’ probation. Before the pleas, Stiles sought mental health diversion in both matters and filed a written motion seeking substitute appointed counsel. The diversion applications were denied, and the court never held a hearing on the motion.
LAW
Penal Code section 1001.36 permits pretrial mental health diversion when a defendant is eligible and suitable and the proposed treatment will meet the defendant’s specialized needs; denial is reviewed for ...
