Overwhelming Evidence of Insurance Fraud Sustains Conviction - One Fraud Fails in Minnesota
Post 5258
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In State of Minnesota v. Mark John Jenni, No. A25-0111, Court of Appeals of Minnesota (January 5, 2026) dealt with an insurance coverage issue because Mr. Jenni, in July 2023, obtained an insurance policy with Liberty Mutual Insurance for a home in Park Rapids, Hubbard County, Minnesota based on false representations, only to find himself charged with insurance fraud.
FACTS
On his application, Jenni stated that the property was his primary residence, that he had purchased it in 2023, that it was not under construction or renovation, and that there had been no recent insurance claims or cancellations on the property. About a month after securing coverage, Jenni filed a claim for a reported burglary involving over $80,000 in stolen tools and property damage. He did not report the burglary to law enforcement. A responding sheriff found no evidence of a break-in. Liberty Mutual denied the claim, citing exclusions for theft from homes under construction and noting that Jenni acknowledged living elsewhere during renovations.
The insurer referred the matter to the Minnesota Commerce Fraud Bureau, which was already investigating Jenni for a prior denied insurance claim in 2022 involving water and fire damage. Jenni was charged with insurance fraud, convicted by a jury, and sentenced.
On appeal, Jenni argued that prosecutorial misconduct occurred by introducing evidence about the prevalence and cost of insurance fraud and by suggesting in closing and rebuttal that these costs are passed on to other insurance customers.
DECISION
During direct examination, the prosecutor asked a fraud investigator for Liberty Mutual a series of questions about his role in investigating insurance fraud. Jenni contended the prosecutor committed misconduct by eliciting this testimony because it was irrelevant, and thus inadmissible, and did not bear directly on an element of the crime of insurance fraud. As previously noted, appellant did not object to this testimony.
The Court of Appeals disagreed with Jenni that the admission of the investigator’s testimony that insurance fraud costs the insurance industry billions of dollars was an error.
The testimony may also be understood as an explanation of the insurance industry’s interest in asking applicants specific questions designed to minimize its risk.
Jenni does not dispute this principle and does not cite an instance in which this court or the supreme court has called into doubt the basic definition of relevancy. Ultimately, the Court of Appeals concluded that it was not plain error for the prosecutor to elicit the investigator’s testimony about the cost of insurance fraud to the industry and that the costs are passed to customers.
The Prosecutor’s Alleged Misconduct Did Not Affect Jenni’s Substantial Rights.
To assess the impact of the misconduct on the jury’s verdict, the Court of Appeals considers the strength of the evidence against the appellant, the pervasiveness of the improper suggestions, and whether the appellant had an opportunity to (or made efforts to) rebut the improper suggestions.
Finally, the evidence against Jenni was strong. The Liberty Mutual application, which Jenni electronically signed, represented that the property was: his primary residence; purchased in 2023; not under construction or significant renovation, and in good repair; and that he had not had a claim denied or a policy canceled and had not filed other claims within the previous five years. The state introduced evidence that several of these representations were false when made and that Jenni knew or had reason to know they were false.
The record contains multiple evidentiary avenues for the jury to convict Jenni: documentary evidence of false statements in the application, independent testimony and records contradicting those statements, Jenni’s admissions in emails and text messages, and circumstantial evidence of motive in the form of the timing related to the quickly filed claim and lack of a police report following the alleged burglary. The district court later characterized the evidence as “overwhelming,” and the jury deliberated for approximately 40 minutes before reaching a verdict.
Given the strength of the evidence the prosecutor’s isolated reference to that testimony during closing do not constitute reversible misconduct.
ZALMA OPINION
Insurance fraud is a crime in every jurisdiction in the US as a felony. Jenni was an experienced insurance fraud perpetrator but ignorant about insurance so he lied on the application for insurance thereby providing the insurer with evidence sufficient to deny his claim. Those misrepresentations were reported to the authorities resulting in his arrest, trial and conviction with evidence against him so overwhelming that the jury only took 40 minutes to convict him. His appeal should have been dismissed as frivolous rather than the Court of Appeal giving consideration to his spurious claims.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Convicted Criminal Seeks to Compel Receiver to Protect his Assets
Post number 5291
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The Work of a Court Appointed Receiver is Constitutionally Protected
In Simon Semaan et al. v. Robert P. Mosier et al., G064385, California Court of Appeals, Fourth District, Third Division (February 6, 2026) the Court of Appeals applied the California anti-SLAPP statute which protects defendants from meritless lawsuits arising from constitutionally protected activities, including those performed in official capacities. The court also considered the doctrine of quasi-judicial immunity, which shields court-appointed receivers from liability for discretionary acts performed within their official duties.
Facts
In September 2021, the State of California filed felony charges against Simon Semaan, alleging violations of Insurance Code section 11760(a) for making...
When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally
Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
Facts
Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
Opiod Producer Seeks Indemnity from CGL Insurers
Post number 5288
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Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
KEY FACTS
Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
Endo filed Chapter 11 in August 2022; before bankruptcy it ...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
You Get What You Pay For – Less Coverage Means Lower Premium
Post number 5275
Posted on January 30, 2026 by Barry Zalma
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When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
