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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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February 06, 2026
Over 600 Independent Collection Actions Aids Fraud

Multiple Suits or Arbitration on Fraudulent Claims Irreparably Harm GEICO
Post number 5279

See the video at https://lnkd.in/gAfNUN82 and at https://lnkd.in/gFxYpCmR, and at https://zalma.com/blog plus more than 5250 posts.

GEICO Successfully Fights No Fault Auto Insurance Claims Fraud by Fraudsters Seeking Independent Trials or Arbitrations for Each Suspected Fraudulent Claim

In Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company, GEICO Casualty Company v. Bhargav Patel, MD, Patel Medical Care, P.C., John Doe Defendants 1 through 10, No. 24-191, United States Court of Appeals, Second Circuit (February 3, 2026) Government Employees Insurance Company (GEICO) and its subsidiaries, brought a civil action under the Racketeering Influenced and Corrupt Organization Act (“RICO”) against Dr. Bhargav Patel, Patel Medical Care, P.C., and other associated defendants.

GEICO alleged that the defendants orchestrated a scheme to exploit New York’s no-fault automobile insurance laws, submitting millions of dollars in reimbursement claims for treatments that were allegedly medically unnecessary, experimental, excessive, or even fictitious.

FACTS

After GEICO denied or disputed these claims, the defendants initiated over 600 independent collection actions in New York state courts and arbitration tribunals, seeking more than $2 million in judgments against GEICO.

LEGAL ISSUES

The case centers on the application of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–1968, and the Anti-Injunction Act, 28 U.S.C. § 2283.

DISCUSSION AND ANALYSIS

GEICO sought a preliminary injunction to halt all of the defendants’ ongoing and future collection actions in state court and arbitration, arguing that these multiple proceedings threatened irreparable harm and could obscure the full scope of the alleged fraudulent scheme. The district court granted the injunction, finding GEICO had demonstrated irreparable harm due to the risk of inconsistent judgments and the piecemeal litigation of its fraud defenses.

On appeal, the Second Circuit reviewed the injunction for abuse of discretion and found none.

Reviewing the district court’s grant of a preliminary injunction for abuse of discretion, the Second Circuit identified none. The court did not clearly err in concluding that the parallel proceedings posed a risk of irreparable harm to GEICO: the potential of inconsistent judgments posed that risk, as did the possibility that the alleged overarching fraudulent scheme would be obscured by a requirement that GEICO’s fraud defense be asserted piecemeal in the numerous individual state collection proceedings.

Finally, in accordance with the recent decision in State Farm v. Tri-Borough NY Medical Practice, P.C., 120 F.4th 59 (2d Cir. 2024), the Second Circuit concluded that the preliminary injunction did not violate the Anti-Injunction Act.

To demonstrate that the district court’s failure to provide the requested relief will cause it irreparable harm, the movant must show an “injury that is neither remote nor speculative, but actual and imminent and that cannot be remedied by an award of monetary damages.” The injury must also be a “continuing” one.

BALANCE OF HARDSHIPS

The Second Circuit explained, when a preliminary injunction is sought based on a serious question going to the merits of a case the movant must further demonstrate that the balance of hardships tips decidedly in its favor. This factor requires the district court to balance the competing claims of injury and consider the effect on each party of the granting or withholding of the requested relief.

The district court determined that, if the expedited state court collections actions were to be stayed, Defendants would at the worst suffer from delayed recovery of payment. But if the federal court action is meritorious and the state court actions not stayed, the court reasoned, GEICO would suffer the irreparable harm described above weighing the hardships in favor of GEICO.

GEICO sufficiently alleged that the massive fraudulent scheme here becomes apparent only when the claims are analyzed altogether. The risks created by disaggregating the scheme into individual actions-both financial and of concealment-amount to allowing irreparable harm to GEICO if the actions are permitted to proceed.

The Second Circuit affirmed the district court’s order, upholding the preliminary injunction in favor of GEICO.

ZALMA OPINION

Insurance fraud is estimated to take $308 billion every year from the US insurance industry. GEICO alleged the defendants presented hundreds of fraudulent claims and whenever GEICO refused to pay they sued it piecemeal forcing GEICO into hundreds of trials where different results, to the detriment of GEICO would become a certainty causing it irreparable harm. The RICO suits give GEICO a chance to fairness and the injunction was necessary and proper to protect its assets from fraud.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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00:07:32
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17 hours ago
Ambiguous Contract to Repair not an Assignment

The Right to Negotiate with Insurer is Not an Assignment of Claims

Post number 5347

Read the full article at https://www.linkedin.com/pulse/ambiguous-contract-repair-assignment-barry-zalma-esq-cfe-2xppc, see the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at and at https://zalma.com/blog plus more than 5300 posts.

Nebraska Requires an Actual Assignment to Allow Contractor to Sue Insurer

In Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter v. Farmers Mutual Insurance Company of Nebraska, also known as Farmers Mutual Insurance, also known as Farmers Mutual, No. A-24-818, Court of Appeals of Nebraska (May 5, 2026) Millard sued Farmers as an assignee of Jane Anzalone who had hired Millard Gutter to repair the roof of her home and agreed to allow Millard Gutter to coordinate with her insurer, Farmers Mutual, concerning reimbursement for repairs authorized under her insurance policy.

FACTUAL BACKGROUND

In ...

00:08:02
17 hours ago
Admit to Crime & Be Ready to do The Time

Attempt to Withdraw Plea After Sentencing Fails

Post number 5346

Read the full article at https://www.linkedin.com/pulse/admit-crime-ready-do-time-barry-zalma-esq-cfe-hgyce, see the video at and at and at https://zalma.com/blog plus more than 5300 posts.

Stealing from Insurers and Employer Gets Defendant Five Years in Prison

In State of Wisconsin v. Jacquelyn R. Harris, No. 2025AP489-CR, Court of Appeals of Wisconsin (April 22, 2026) Harris pled no contest and was found guilty. She was sentenced to five years of initial confinement and three years of extended supervision, with restitution ordered in the amounts of $31,086 to Kaliber and $25,000 to Erie Insurance Company.

FACTUAL BACKGROUND

In late 2022, Jacquelyn R. Harris was charged with theft in a business setting under WIS. STAT. § 943.20(1)(b) (2023-24). Harris, while employed as the office manager for Kaliber Collision Repair in Port ...

00:07:02
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May 07, 2026
Admit to Crime & Be Ready to do The Time

Attempt to Withdraw Plea After Sentencing Fails

Post number 5346

Read the full article at https://www.linkedin.com/pulse/admit-crime-ready-do-time-barry-zalma-esq-cfe-hgyce, see the video at https://rumble.com/v79hhg6-admit-to-crime-and-be-ready-to-do-the-time.html and at and at https://zalma.com/blog plus more than 5300 posts.

Stealing from Insurers and Employer Gets Defendant Five Years in Prison

In State of Wisconsin v. Jacquelyn R. Harris, No. 2025AP489-CR, Court of Appeals of Wisconsin (April 22, 2026) Harris pled no contest and was found guilty. She was sentenced to five years of initial confinement and three years of extended supervision, with restitution ordered in the amounts of $31,086 to Kaliber and $25,000 to Erie Insurance Company.

FACTUAL BACKGROUND

In late 2022, Jacquelyn R. Harris was charged with theft in a business setting under WIS. STAT. § 943.20(1)(b) (2023-24). Harris, while employed as the office manager for Kaliber Collision Repair in Port ...

00:07:02
May 04, 2026

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...

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May 04, 2026

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...

post photo preview
April 30, 2026
Investigation of First Party Property Claims

What Must be Done after Notice of a Claim is Received by the Insurer

Read the full article at https://lnkd.in/gzvvdkMZ and at https://zalma.com/blog.

Below you will read from this post until you reach the the end of this blog post as the free part of an Excellence in Claims Handling post. To read the full article and receive all articles for members of Excellence in Claims Handling you should consider joining as a paid member to get full access to articles for members only, to our news, analysis, insurance coverage, claims, insurance fraud and insurance webinars, by clicking at the subscription link below.

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 ...

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