Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251
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A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended
In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.
On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.
ADMISSIONS
Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son failed to report the accident. Leisz later filed an insurance claim in which she falsely claimed she was the driver of the vehicle at the time of the collision. Leisz’s insurance company paid the claim. Leisz noted her son was insured under the policy and she assumed the insurer agrees the accident would have been covered by it.
Leisz later learned she was going to face criminal charges from the incident. On June 30, 2023, she resigned from her position as Sanders County Attorney. Leisz self-reported that she was voluntarily going on inactive status with the Montana State Bar, effective July 3, 2023. However, Leisz did not subsequently contact the Montana State Bar and change her status to inactive status. However, she resumed practicing because ODC had not taken action on her self-report by the time her criminal matter concluded.
THE CRIME
Leisz was charged with Criminal Insurance Fraud, a felony, in July 2023. She ultimately pled guilty to Obstructing Justice, a misdemeanor, pursuant to a plea agreement. The Sanders County District Court entered its order sentencing Leisz to six months incarceration in Sanders County Jail, all suspended, plus fines, fees, community service, and restitution to Northern Lights, Inc., in the amount of $3,293.00, for the damage to the power pole.
THE ADMISSION & CONSENT TO DISCIPLINE
In the tendered Conditional Admission and Affidavit of Consent, Leisz admitted she agreed to discipline in the form of: a 60-day suspension from the practice of law; paying the costs of these proceedings; and complying with all notice requirements of the state rules.
In its Findings of Fact, Conclusions of Law, and Recommendation for Discipline, the Commission recommended the Court accept Leisz’s conditional admissions for violating M. R. Pro. Cond. 8.4, and impose discipline in the form of:
1. A 60-day suspension from the practice of law in Montana;
2. Payment of costs incurred by ODC and the Commission in connection with this matter; and
3. Compliance with all notice requirements in MRLDE 29 and 30.
The Commission further considered aggravating factors in this case to be Leisz’s refusal to cooperate with law enforcement, her false insurance claim, and her misstatement to ODC that she was going on inactive status. The Commission found mitigating factors to include Leisz’s sincere remorse, her many years of practice without disciplinary incidents, her voluntary withdrawal from practice, and no monetary harm to a client.
The Montana Supreme Court accepted the Commission’s Recommendation that it accept Leisz’s Rule 26 tendered admission is ACCEPTED AND ADOPTED.
Leisz was SUSPENDED from the practice of law for 60 days, effective 30 days from the date of thE Order of Discipline.
Leisz shall pay the costs of these proceedings and Leisz shall comply with all notice requirements of the rules.
ZALMA OPINION
Ms. Leisz saved her career as a lawyer my admitting her criminal conduct, agreeing to conviction for obstruction of justice to avoid trial and conviction for felony insurance fraud and being disbarred from the practice of law by stating remorse which convinced the Commission created to disciple felonious attorneys who recommended easy to survive punishment which was accepted by the Supreme Court. I’m old fashioned and can find no excuse for a lawyer committing insurance fraud and would have recommended a more severe punishment to the Supreme Court if I were on the Commission.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Happy Law Day
ZIFL – Volume 30, Issue 9 – May 1, 2026
Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-may-1-2026-barry-zalma-esq-cfe-2tywc, see the video at at and at https://zalma.com/blog plus more than 5300 posts.
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
ZIFL – Volume 30, Issue 9 – May 1, 2026
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year and is written by Barry Zalma.
DOJ Creates National Fraud Enforcement Division
Will the Feds Take on Insurance Fraud? Possibly as Part of a National Anti-Fraud Effort
On April 7, 2026, the Acting Attorney General, Todd Blanche, issued a memorandum establishing the Department of Justice National Fraud Enforcement Division (NFED). The memo describes an ambitious, but perhaps redundant, vision for this ...
When Abalone Died As a Result of Multiple Causes The Efficient Proximate Cause Requires Payment
Post number 5345
Read the full article at https://www.linkedin.com/pulse/efficient-proximate-cause-doctrine-saves-claim-barry-zalma-esq-cfe-yndlc, see the video at and at and at https://zalma.com/blog plus more than 5300 posts.
In American Abalone Farms, LLC v. Star Insurance Company et al., H052643, California Court of Appeals, Sixth District (April 27, 2026) the Court of Appeals dealt with an insurance coverage issue that required application of the efficient proximate cause doctrine.
FACTS
American Abalone Farms, LLC ("American Abalone" ) operates an aquaculture farm in Santa Cruz County, California, raising abalone in tanks. In August 2020, the CZU Lightning Complex Fires led to a prolonged power outage and road closures near the farm. As a result, the farm’s water pumps failed, causing the death of most of the ...
Breach of a Specific Condition Precedent Is a Complete Defense
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In United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony Wenzell, 2026 CO 25 (Colo. Apr. 27, 2026) Anthony Wenzell was rear-ended in a car accident. He had a significant prior 2014 accident that required back surgery.
Wenzell claimed underinsured-motorist (UIM) benefits under three policies: (1) the tortfeasor’s liability policy, (2) his own primary UIM policy with State Farm, and (3) an excess UIM policy issued by USAA (under his brother’s policy, which contained an “other insurance” clause making USAA’s coverage excess over any collectible insurance).
After receiving the claims, both USAA and State Farm repeatedly requested that Wenzell execute comprehensive medical-release authorizations so they could obtain his full medical records and ...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
What Must be Done after Notice of a Claim is Received by the Insurer
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A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...
