True Crime of Insurance Fraud Video Number 67

0
3Кб

True Crime of Insurance Fraud Video Number 67

Read the full article at https://lnkd.in/gGGaFsrx and See the full video at https://lnkd.in/g7fUEcV4 and at https://lnkd.in/gdPmp6rT
Published on May 5, 2022

Policy Obtained by Fraud Requires Insured to Reimburse Insurer for Defense and Indemnity
Posted on May 5, 2022 by Barry Zalma

Diverting from stories where I was personally involved this story comes from the U.S. Tenth Circuit Court of Appeal.

At a mediation Aminokit’s attorney, Jerad West, pressured Evanston to pay the full $260,000 settlement amount demanded by the plaintiff Lassley by threatening to bring a bad-faith claim against Evanston. In the communications that followed, Evanston made clear to West that if it settled the case, it would “seek reimbursement for the entire cost of defense and indemnity.” Faced with the deadline and threat of bad faith litigation Evanston agreed to fund the $260,000 settlement, while reserving the right to seek full reimbursement from Aminokit.

The Tenth Circuit concluded that it would have been “economically unreasonable” for Evanston to refuse to pay the settlement because doing so would have placed Evanston at risk of a bad-faith lawsuit and its insured of a verdict larger than the settlement amount if the case went to trial.

Insurance fraud perpetrators should never be allowed to profit from the fraud. Since the policy was subject to rescission or voidance as a result of a blatant and admitted fraud, the insured had no right to defense or indemnity.

The Tenth Circuit enforced the right to reimbursement and, hopefully, the defendants have sufficient funds to pay the judgment. Since Aminokit did not respond to the insurer’s suit and allowed a default judgment to be rendered, the chances of collecting the judgment are slim.

If the insurer is unable to collect the judgment the fraud succeeded.

ZALMA OPINION

The tort of bad faith often prevents, because of the threat of punitive damages, insurers to allow themselves to be willing victims of fraud. In the case where the victim gets a judgment against the fraudsters is a deterrent, it is only useful if the fraudsters have any assets that the insurer can collect. Best to ignore the threat and take your chances if the insurer has sufficient evidence to establish it was defrauded.

(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].

Subscribe to Zalma on Insurance at locals.com https://lnkd.in/gn5WAi6C.

Subscribe to Excellence in Claims Handling at https://lnkd.in/gNm9EWKJ.

Спонсоры

We are 100% funded for October.

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

Xephula Funding Meter

Please Donate Here

Поиск
Категории
Больше
Politics
Politics And The Constitution.
It's hard to discuss anything with people that have not read it, the Constitution that is because...
От Ron Patton 2021-04-14 01:41:56 2 5Кб
Religion
Full of sweet dreams... - Sarah
Full of sweet dreams... - Sarah Hebrew folklore has kept alive stories of her remarkable beauty...
От Rock IXOYE 2020-01-18 18:48:43 0 5Кб
Politically Incorrect
Plowed by Nature
Read the source story here. I'm sure you've all heard by now that Texas got about as much snow in...
От Scathing Take 2021-02-25 21:51:16 3 4Кб
Другое
The Ethical Obligations of the Independent Medical Examiner
A Video Explaining the Use of an IME Read the full article at...
От Barry Zalma 2021-10-26 13:14:14 0 4Кб
Другое
Lie to Insurer and You Will Lose
Lie to Your Insurer and You Will Lose Read the full article at https://lnkd.in/gbmzYmdn and see...
От Barry Zalma 2023-12-28 13:37:51 0 2Кб