Liar, Liar, Pants on Fire
Contradictory Testimony Creates a Material Dispute of Facts
Post number 5317
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When Contradictory Sworn Testimony are Presented Summary Judgment Fails
In Jules Francois Parisien MD, as Assignee of Manuel Plasencia v. Erie Insurance Company of New York, Index No. CV-759232-24/RI, 2026 NY Slip Op 50400(U), Civil Court of the City of New York, Richmond County (March 25, 2026) dealt with the insurer’s motion for summary judgment.
FACTUAL BACKGROUND
On April 24, 2024, an accident occurred involving two vehicles: one driven by Miguel Angel Palaciosromero and the other by Mohamed Mohamed. Manuel Plasencia, a passenger in Palaciosromero’s vehicle, sought No-Fault benefits totaling $1,449.69. Erie Insurance Company, the insurer of Plasencia, denied the claim, asserting the accident was staged. The plaintiff initiated this action seeking payment, and Erie Insurance moved for summary judgment to dismiss the case, arguing there were no material factual disputes and that the accident was staged.
LEGAL ISSUES
New York law recognizes that intentional and staged collisions, regardless of motive, are not covered accidents under an insurance policy. Insurers may seek summary judgment if required verification information is not provided by the plaintiff. However, to prevail on summary judgment, the insurer must provide sufficient proof showing the absence of any material fact. Mere suspicion is insufficient; credible evidence is required.
It is well settled that an intentional and staged collision caused in furtherance of an insurance fraud scheme is not a covered accident under a policy of insurance. In truth, the intentional nature of the event does not have to be rooted in efforts to defraud an insurance company, rather, any reason the event is intentional will foreclose the availability of No-Fault benefits
DISCUSSION AND ANALYSIS
Erie Insurance’s motion relied on testimony from Mohamed Mohamed, who stated only two individuals were in the Palaciosromero vehicle at the time of the accident. Contrarily, Palaciosromero, Plasencia, and Francisco Monseratte each testified under oath that all three were present in the vehicle. This conflicting testimony raised questions about the credibility and accuracy of the witness accounts.
It is not a court’s function on a summary judgment motion to make credibility determinations or resolve factual disputes. Instead, it must identify whether material issues of fact exist. Because the number of vehicle occupants at the time of the accident was in dispute, and with credible testimony supporting both positions, summary judgment was not appropriate. The presence of triable issues of fact precludes dismissal at this stage, consistent with New York precedent.
In this case, clearly, there are credibility determinations that must be made concerning whether Monseratte was a passenger in the vehicle. That determination cannot be made at this juncture because of contradictory sworn statements.
Regarding that sole issue, upon which the entire allegation of fraud is based, there is no inconsistency. There are, however, credibility issues with Mohamed and the occupants of the vehicle. Precisely for these reasons summary judgement must be denied.
ZALMA OPINION
There is no question if a claimant was not in the car at the time of the accident that fraud has been attempted. However, the three occupants all testified that Manuel Plasencia was in the vehicle and Mohammed testified he was not. The facts are in dispute and summary judgment cannot lie because there are material facts in dispute. This case teaches that when an insurer seeks to prove an accident was staged it needs admissible evidence that is not disputed by other admissible evidence. If someone was lying it is up to the trier of fact to determine which witness was credible.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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Foolish to Repeatedly Disobey Court Orders
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Post number 5348
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In Linh Wang v. Esurance Insurance Company, No. C24-0447-JCC, United States District Court, W.D. Washington, Seattle (May 1, 2026) John C. Coughenour, United States District Judge, found that throughout this case, culminating with its briefing on Plaintiff’s renewed motion and that Defendant has subjected Plaintiff to unnecessary motion practice for clearly discoverable information and made dubious representations (including to the Court).
FACTUAL BACKGROUND
This case involves an underinsured/uninsured motorist insurance bad faith claim arising from a 2017 motor vehicle collision. The plaintiff, Linh Wang, alleges that Esurance Insurance ...
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
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FACTUAL BACKGROUND
In ...
Attempt to Withdraw Plea After Sentencing Fails
Post number 5346
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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 ...
Plaintiff May Try Again to get a Judgment
Posted on May 22, 2026 by Barry Zalma
Just Because a Defendant Defaults Evidence is Needed to get a Judgment
Even on a Default Motion the Plaintiff Must Do More Than Rely on Conclusory Allegations.
Post number 5356
The Commissioners Of The State Insurance Fund v. Capcon Construction Industries Corp., Capcon Construction Supply Corp., Jab Masonry Corp., Agra Masonry Inc., Agra Industries Usa Corp, A & A Masonry Corp., Alexander Shvartsberg, Darren Caputo, Maryann Furman, Index No. 452680/2024, MOTION SEQ. No. 003, 2026 NY Slip Op 31767(U), Supreme Court, New York County (April 20, 2026)
FACTS
The Commissioners of the State Insurance Fund (SIF) had already obtained two judgments for unpaid workers’ compensation insurance premiums: one against A\&A Masonry Corp. and another, much larger one, against Agra Masonry Inc. SIF then brought this action against several related corporations and individuals, alleging that they all operated as a single de facto enterprise and that assets had ...
Defaulting Fraud Perpetrator Lets Insurer Defeat Fraud
Post number 5355
Posted on May 21, 2026 by Barry Zalma
In Transamerica Life Insurance Company v. John Joseph Egan, et al., No. 25-cv-06167-JD, United States District Court, N.D. California (May 12, 2026) Transamerica Life Insurance Company issued John Egan a life insurance policy with a long-term care rider that covered in-home skilled nursing or other professional care if he qualified as chronically ill.
FACTUAL BACKGROUND
In 2023, Egan submitted a claim alleging severe pain, major loss of daily functioning, and limited mobility following an auto accident. Transamerica approved coverage and paid benefits based on those representations and repeated proofs of loss describing in-home care services. After later surveillance in 2024 and 2025 showed Egan working, driving, shopping, and otherwise functioning without visible impairment — and showed no evidence of in-home care — Transamerica concluded that the claim was fraudulent and filed suit.
Transamerica surveilled ...
Defaulting Fraud Perpetrator Lets Insurer Defeat Fraud
Post number 5355
Posted on May 21, 2026 by Barry Zalma
In Transamerica Life Insurance Company v. John Joseph Egan, et al., No. 25-cv-06167-JD, United States District Court, N.D. California (May 12, 2026) Transamerica Life Insurance Company issued John Egan a life insurance policy with a long-term care rider that covered in-home skilled nursing or other professional care if he qualified as chronically ill.
FACTUAL BACKGROUND
In 2023, Egan submitted a claim alleging severe pain, major loss of daily functioning, and limited mobility following an auto accident. Transamerica approved coverage and paid benefits based on those representations and repeated proofs of loss describing in-home care services. After later surveillance in 2024 and 2025 showed Egan working, driving, shopping, and otherwise functioning without visible impairment — and showed no evidence of in-home care — Transamerica concluded that the claim was fraudulent and filed suit.
Transamerica surveilled ...
