Insurance Fraud Voids Policy

Read the full article at https://www.linkedin.com/pulse/false-estimate-consultant-adopted-insured-fraud-zalma-esq-cfe/ and at https://zalma.com/blog plus more than 3650 posts 

False Estimate by “Consultant” Adopted by Insured is Fraud

Jennifer Mezadieu (“the Homeowner”) appeals the trial court’s entry of final summary judgment in favor of SafePoint Insurance Company (“SafePoint”) in her breach of contract action. The trial court entered final summary judgment pursuant to the policy’s “concealment or fraud” provision after determining that the repair estimate prepared by the Homeowner’s loss consultant included material false statements. In Jennifer Mezadieu v. SafePoint Insurance Company, No. 4D20-2, Florida (March 26, 2021) the court sought to be excused from her reliance on the consultant and adoption of the false estimate.

ZALMA OPINION

A “loss consultant” or “public insurance adjuster” usually takes an assignment of the funds the insured is to collect from the insurer due to the claim presentation. Regardless, the claim is presented by the insured and if the loss consultant – as Contender did in this case – the insured knew that the presentation by Contender was false and so testified at deposition. The fraud  she adopted defeated her claim.