Zalma on Insurance
Education • Business
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.
Interested? Want to learn more about the community?
March 09, 2026
Never Lie on an Insurance Application

Rescission of a Life Insurance Policy

Misrepresenting the Use Of Drugs Makes Policy Void from its Inception
Post number 5299

Posted on March 9, 2026 by Barry Zalma

In Primerica Life Insurance Company v. Rosalia Castillo Bucio, an individual; Hipolito Castillo Bucio, an individual No. 3:24-cv-01567-RBM-KSC, United States District Court, S.D. California (March 2, 2026) Primerica Life Insurance Company sued Rosalia Castillo Bucio and Hipolito Castillo Bucio, seeking to rescind a term life insurance policy issued to Gilberto Castillo.

FACTUAL BACKGROUND

. The policy, valued at $614,000, named the defendants as co-beneficiaries. Castillo submitted an application on January 15, 2020, in which he denied any history of drug or alcohol abuse in the past ten years. However, after Castillo’s death on March 28, 2021, medical records revealed that he had used methamphetamine and cocaine prior to the application date, contradicting his representations. Both defendants subsequently filed claims for the death benefit, prompting Primerica to investigate during the contestability period.

LEGAL ISSUES

The complaint relied on the principle that insurance policies may be rescinded when material misrepresentations are made in the application. California law allows an insurer to void a policy if the insured provides false, incomplete, or incorrect information that is material to the risk assumed. The application included explicit provisions requiring truth and completeness, and stated coverage could be voided if such misrepresentations were discovered within two years of issuance.

DISCUSSION

The Court found that Castillo’s answers regarding drug use were materially false. The records showed methamphetamine use for two months and daily cocaine use for over a year before the application. These facts were not disclosed to Primerica, violating the terms of the application and the policy. Castillo never corrected or updated his statements. As both co-beneficiaries submitted claims, but the misrepresentation was discovered during the contestability period, Primerica was entitled to investigate and seek rescission.

ANALYSIS

Based on the uncontested evidence and the default of the defendants, the Court determined the misrepresentations were material and justified rescinding the policy. The motion for default judgment was granted as the defendants failed to appear or respond, and the facts supported Primerica’s claim. The Court’s decision reflects the importance of truthful disclosure in insurance applications and enforcement of contestability provisions to protect insurers from fraudulent claims.

Possibility of Prejudice to Plaintiff

If Plaintiff’s Motion is not granted, it will be denied a resolution of its claim that the Policy is rescinded based on Castillo’s material misrepresentations in his Application. Thus, the potential prejudice to Plaintiff supports granting Plaintiff’s Motion.

Based on the allegations of the Complaint, Castillo’s misrepresentations in his Application regarding his use of illegal drugs, i.e. that he had not used illegal drugs during the specified time period when he had were material because Plaintiff asked the questions, and also because Plaintiff would not have issued the Policy had it known Castillo was using illegal drugs. The fact that the insurer has demanded answers to specific questions in an application for insurance is in itself usually sufficient to establish materiality as a matter of law.

Plaintiff sufficiently alleges compliance with the procedural requirements for rescission because it gave notice and returned the premiums paid for the Policy rescission requires notice of the intent to rescind and return of the value received under the contract.

Generally, default judgments are disfavored, and a case should be decided on the merits whenever possible, but where a defendant’s failure to appear makes a decision on the merits impracticable, if not impossible, entry of default judgment is warranted. The Court found entry of default judgment is proper and granted Plaintiff’s Motion for Default Judgment. The Policy (No. 0491628046) is rescinded, void ab initio, and of no legal force or effect.

ZALMA OPINION

Some people do not understand that insurance is a business of the utmost good faith requiring each party to fairly, honestly and capably tell the truth when applying for insurance. When an potential insured answers falsely to a question in an application for life insurance that he did not use illegal drugs when, in fact, he used methamphetamine and cocaine prior to the application date. Fraud in the inception of a policy requires it to be rescinded.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://barryzalma.substack.com/subscribe

Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the InsuranceClaims Library – https://lnkd.in/gwEYk.

post photo preview
Interested? Want to learn more about the community?
What else you may like…
Videos
Posts
April 17, 2026
Anger Against Austria for Seizing Plaintiffs’ Assets for Fraud Resulted in International Litigation

Post number 5326

See the video at https://rumble.com/v78l8tq-abuse-of-process-and-use-of-ai-upsets-usdc-for-washington-dc.html and at https://youtu.be/_POUCvB9WYc
International Litigation Unfounded

In Zavadovsky v. Republic of Austria, et al., Civil Action No. 25‑1008 (RC)
United States District Court, District of Columbia, Judge Rudolph Contreras
Decided March 31, 2026 concerning allegations that in 2021, Austrian authorities investigated Plaintiffs based on testimony concerning Plaintiffs’ alleged tax and insurance fraud. searched their Austrian property, and seized assets.

Plaintiffs claimed the investigation was false and abusive. After unsuccessfully litigating related claims in multiple state and federal courts, Plaintiffs filed the present action alleging a sweeping transnational conspiracy among Austrian officials, U.S. government employees, and private attorneys.

Plaintiffs asserted claims for conversion, defamation, intentional infliction of emotional distress (IIED), and civil RICO/RICO conspiracy, and sought...

00:09:38
April 17, 2026
Abuse of Process & Use of AI Upsets USDC for Washington DC

Anger Against Austria for Seizing Plaintiffs’ Assets for Fraud Resulted in International Litigation
Post number 5326

See the video at and at
International Litigation Unfounded

In Zavadovsky v. Republic of Austria, et al., Civil Action No. 25‑1008 (RC)
United States District Court, District of Columbia, Judge Rudolph Contreras
Decided March 31, 2026 concerning allegations that in 2021, Austrian authorities investigated Plaintiffs based on testimony concerning Plaintiffs’ alleged tax and insurance fraud. searched their Austrian property, and seized assets.

Plaintiffs claimed the investigation was false and abusive. After unsuccessfully litigating related claims in multiple state and federal courts, Plaintiffs filed the present action alleging a sweeping transnational conspiracy among Austrian officials, U.S. government employees, and private attorneys.

Plaintiffs asserted claims for conversion, ...

00:09:38
placeholder
April 17, 2026
Abuse of Process & Use of AI Upsets USDC for Washington DC

Anger Against Austria for Seizing Plaintiffs’ Assets for Fraud Resulted in International Litigation
Post number 5326

See the video at and at
International Litigation Unfounded

In Zavadovsky v. Republic of Austria, et al., Civil Action No. 25‑1008 (RC)
United States District Court, District of Columbia, Judge Rudolph Contreras
Decided March 31, 2026 concerning allegations that in 2021, Austrian authorities investigated Plaintiffs based on testimony concerning Plaintiffs’ alleged tax and insurance fraud. searched their Austrian property, and seized assets.

Plaintiffs claimed the investigation was false and abusive. After unsuccessfully litigating related claims in multiple state and federal courts, Plaintiffs filed the present action alleging a sweeping transnational conspiracy among Austrian officials, U.S. government employees, and private attorneys.

Plaintiffs asserted claims for conversion, defamation, ...

00:09:38
placeholder
April 02, 2026
Zalma’s Insurance Fraud Letter – April 1, 2026

ZIFL – Volume 30, Issue 7 – April 1, 2026

THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314

Posted on April 1, 2026 by Barry Zalma

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 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/ This issue contains the following articles about insurance fraud:

No One is Above the Law – Not Even a Police Officer

Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase

In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.

Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...

April 01, 2026
Zalma’s Insurance Fraud Letter – April 1, 2026

ZIFL – Volume 30, Issue 7 – April 1, 2026

THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314

Posted on April 1, 2026 by Barry Zalma

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 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/ This issue contains the following articles about insurance fraud:

No One is Above the Law – Not Even a Police Officer

Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase

In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.

Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...

March 31, 2026
Insurance Fraud Costs Everyone

Posted on March 30, 2026 by Barry Zalma

Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313

A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime.

She Taught Her Customers The Swoop And Squat:

Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.

Her defense ...

post photo preview
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals