Making a Claim for Loss to Personal Property not Damaged is Fraud
Read the full article at https://lnkd.in/gBAvpzHr and at https://zalma.com/blog plus more than 4000 posts.
To successfully commit arson-for-profit the perpetrator needs a modicum of intelligence and some knowledge of insurance. When the perpetrator is incompetent, makes claim for property removed from the subject of the insurance before setting it afire, he or she will be caught and will recover nothing from the crime. In Kenny Thomas v. Certain Underwriters At Lloyd’s, London, No. 4:20-CV-00275 BSM, United States District Court, E.D. Arkansas, Central Division (December 8, 2021) Kenny Thomas proved to be a totally incompetent arsonist and lost every opportunity to recover anything from his attempt to profit from his arson.
BACKGROUND
In June 2019, a fire occurred at Kenny Thomas’s home in Pine Bluff, Arkansas. Following the fire, Thomas submitted a insurance claim to Lloyd’s for the total loss of his home and for the loss of personal property, including furniture. At the time of the fire, Thomas was behind on his mortgage payments and the home was listed for sale.
Lloyd’s hired Midwest Fire Consulting Group (“Midwest Fire”) to investigate, and Midwest Fire concluded there was no evidence that furniture or personal items were destroyed in the fire. The Arkansas Insurance Department (“AID”) discovered that almost nine months after the fire, Thomas’s girlfriend submitted a claim under a furniture protection plan and obtained a replacement cushion for one of the sofas from Ashley Furniture that Thomas claimed had been destroyed. The Ashley Furniture items were present in the home and had not been destroyed in the fire. Lloyd’s concluded that the evidence obtained by AID was conclusive evidence of fraud.
DISCUSSION
Thomas’s breach of the concealment or fraud condition unambiguously voided his homeowner’s insurance policy. Lloyd’s’ denial of insurance benefits was consistent with the now overwhelming evidence that Thomas voided the policy through misrepresentations regarding his loss.
ZALMA OPINION
Thomas did not have the skill, intelligence or ability to cause an arson-for-profit fire or a fraudulent insurance claim. His inadequacy allowed Lloyd’s, and the AID, to establish that he attempted fraud. Even if the fire was covered the claim for non-damaged contents voided the entire contract and he lost his entire claim for an Ashley furniture sofa. He should be arrested, tried and convicted of the major intentional violent crime of arson and the crime of insurance fraud. Of course, his mortgage holder may have a claim.
© 2021 – Barry Zalma
Patrocinado
We are now 100% funded for April. I am matching donations dollar for dollar this month. Thanks to everyone who helped out. 🥰
Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month
Pesquisar
Patrocinado
Categorias
- Art
- Causes
- Crafts
- Crime
- Dance
- Drinks
- Film
- Finance
- Fitness
- Food
- Jogos
- Gardening
- Health
- Início
- Literature
- Music
- Networking
- Paranormal
- Outro
- Politics
- History
- Party
- Science
- Religion
- Shopping
- Sports
- SyFy
- Politically Incorrect
- Philosophy
- Theater
- Technology
- Wellness
Leia mais
Vitamine D, Sunshine & COVID: great facts!
Vitamine D, Sunshine & COVID: great facts!copied...
A Video Explaining the Equitable or Contractual Remedy of Subrogation
How to Exercise the Right to Subrogation
Read the full article at...
Evidence Required to Prove Fraud
Evidence Required to Prove Fraud
Read the full article at https://lnkd.in/gVuFh5c9 and see the...
Zalma's Insurance Fraud Letter - September 15, 2023
Zalma’s Insurance Fraud Letter – September 15, 2023
Read the full article at...
The Continuing Existence and Operation of Barry Zalma, Inc.
October 1, 1979 – 2022 Another Anniversary
Read the full article at...