• City projects in Fresno on hold the accusation is Wage violations, and unlawful and unauthorized firing. City of Fresno, as of 2024 August 13th of this year, there are a total of 24 different projects presented by municipal wage whether you are corporation or a small business, get active to hold budget in any way system with years of litigation experience in this discrimination where Criminal Law Reform city Project are presented. After Fresno has been awarded $230 million by Shell Oil Company, these arrangements violated the Anti-Kickback Statute and the false claims. A recent ruling dismissing the county's lawsuit against the state of California.
    City projects in Fresno on hold the accusation is Wage violations, and unlawful and unauthorized firing. City of Fresno, as of 2024 August 13th of this year, there are a total of 24 different projects presented by municipal wage whether you are corporation or a small business, get active to hold budget in any way system with years of litigation experience in this discrimination where Criminal Law Reform city Project are presented. After Fresno has been awarded $230 million by Shell Oil Company, these arrangements violated the Anti-Kickback Statute and the false claims. A recent ruling dismissing the county's lawsuit against the state of California.
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  • Inadequate Litigant’s Cases Dismissed

    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate

    Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts.

    Post 4950

    In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff.

    FACTS

    Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility.

    Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed.

    BACKGROUND

    The facts underlying this case involve four discrete events.

    First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case.

    Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court.

    Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz.

    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.
    Initial Lawsuit Against Medical Facility

    Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility.

    After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case.

    Visiting Doctor for Eye Injury

    Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California.

    Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor.

    Report to Dental Board

    Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked.

    Instant Complaint and Judgment

    Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case.

    The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal.

    DISCUSSION

    Did the trial court err in granting the anti-SLAPP motion?

    Did it err in sustaining the demurrers?

    The California Court of Appeals concluded the trial court did not err.
    Anti-SLAPP Motion

    In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]”

    In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity.

    ANALYSIS

    Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim.

    If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point.

    DEMURRERS

    Both Cantrell and the State filed demurrers to Riaz’s complaint..

    Additional Background

    A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action.

    Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause.

    Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order.
    CONCLUSION AND SUMMARY

    Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2.

    ZALMA OPINION

    It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions.

    (c) 2024 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 Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; 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 Insurance Claims Library – https://lnkd.in/gwEYk
    Inadequate Litigant’s Cases Dismissed Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts. Post 4950 In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff. FACTS Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility. Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed. BACKGROUND The facts underlying this case involve four discrete events. First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case. Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court. Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz. Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case. Initial Lawsuit Against Medical Facility Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility. After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case. Visiting Doctor for Eye Injury Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California. Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor. Report to Dental Board Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked. Instant Complaint and Judgment Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case. The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal. DISCUSSION Did the trial court err in granting the anti-SLAPP motion? Did it err in sustaining the demurrers? The California Court of Appeals concluded the trial court did not err. Anti-SLAPP Motion In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]” In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity. ANALYSIS Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim. If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point. DEMURRERS Both Cantrell and the State filed demurrers to Riaz’s complaint.. Additional Background A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action. Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause. Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order. CONCLUSION AND SUMMARY Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2. ZALMA OPINION It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions. (c) 2024 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 Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; 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 Insurance Claims Library – https://lnkd.in/gwEYk
    LNKD.IN
    Inadequate Litigant’s Cases Dismissed
    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Post 4950 Posted on December 18, 2024 by Barry Zalma See the full video at https://rumble.com/v607fvb-inadequate-litigants-cases-dismissed.
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  • US PROMOTES FREE SPEECH ABROAD WHILE USING NGOS TO CENSOR INFORMATION AT HOME.

    #Trump and every other political #Parasite are lying sacks of feces!

    They WANT Censorship in violation of the Constitution!

    Not Trump SAYS he wants Free Speech...
    Right up until you speak #Truth about a #Jew!

    THEN he wants you sent to PRISON!
    Because HE is a Jew!

    And on top of that, he wants our #Criminal filled #Police Departments to be MORE "ABOVE THE LAW" than they already are!

    Bullshit!
    Police have no more rights than ANY other American!
    And it is time to toss "Qualified Immunity" AND time to ENFORCE
    FEDERAL LAW... Namely TITLE 18 U.S.C. § 241 & 18 U.S.C. § 242!

    These are laws on the books to hold government accountable!
    PROSECUTORS are criminal and complicit, so THE PEOPLE need to convene a grand jury THEMSELVES and see that criminal Police are held accountable

    (Along with Prosecutors who fail to uphold these statutes)

    It's up to YOU to hold the criminals in government accountable!
    They are not going to do it themselves!

    https://old.bitchute.com/video/8KO9xuqOkxDu/
    US PROMOTES FREE SPEECH ABROAD WHILE USING NGOS TO CENSOR INFORMATION AT HOME. #Trump and every other political #Parasite are lying sacks of feces! They WANT Censorship in violation of the Constitution! Not Trump SAYS he wants Free Speech... Right up until you speak #Truth about a #Jew! THEN he wants you sent to PRISON! Because HE is a Jew! And on top of that, he wants our #Criminal filled #Police Departments to be MORE "ABOVE THE LAW" than they already are! Bullshit! Police have no more rights than ANY other American! And it is time to toss "Qualified Immunity" AND time to ENFORCE FEDERAL LAW... Namely TITLE 18 U.S.C. § 241 & 18 U.S.C. § 242! These are laws on the books to hold government accountable! PROSECUTORS are criminal and complicit, so THE PEOPLE need to convene a grand jury THEMSELVES and see that criminal Police are held accountable (Along with Prosecutors who fail to uphold these statutes) It's up to YOU to hold the criminals in government accountable! They are not going to do it themselves! https://old.bitchute.com/video/8KO9xuqOkxDu/
    OLD.BITCHUTE.COM
    US promotes free speech abroad while using NGOs to censor information at home.
    US promotes free speech abroad while using NGOs to censor information at home. on December 14th, 2024 The US State Department's Global Engagement Center, tasked with combating alleged disinformation, is facing shutdown after Republican lawmakers re…
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  • Lose if You Fail to Respond to Motion for Summary Disposition

    INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT

    Post 4943

    Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute.

    In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff.

    FACTUAL BACKGROUND

    After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services.

    Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her.

    Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute.

    The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate.

    With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident.

    THRESHOLD INJURY

    Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument.

    The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain.

    Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement.

    FRAUDULENT INSURANCE ACT

    A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute.

    An individual commits a “fraudulent insurance act” when:

    1 the person presents or causes to be presented an oral or written statement,
    2 the statement is part of or in support of a claim for no-fault benefits, and
    3 the claim for benefits was submitted to the to the insurer or the state, further,
    4 the person must have known that the statement contained false information, and
    5 the statement concerned a fact or thing material to the claim.

    As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants.

    ZALMA OPINION

    As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought.

    (c) 2024 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 Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; 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 Insurance Claims Library – https://lnkd.in/gwEYk

    Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
    Lose if You Fail to Respond to Motion for Summary Disposition INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT Post 4943 Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute. In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff. FACTUAL BACKGROUND After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute. The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident. THRESHOLD INJURY Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument. The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain. Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement. FRAUDULENT INSURANCE ACT A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute. An individual commits a “fraudulent insurance act” when: 1 the person presents or causes to be presented an oral or written statement, 2 the statement is part of or in support of a claim for no-fault benefits, and 3 the claim for benefits was submitted to the to the insurer or the state, further, 4 the person must have known that the statement contained false information, and 5 the statement concerned a fact or thing material to the claim. As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants. ZALMA OPINION As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought. (c) 2024 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 Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; 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 Insurance Claims Library – https://lnkd.in/gwEYk Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
    WWW.LINKEDIN.COM
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  • THESE SICK COPS JUST RUINED A LOT OF LIVES!

    It's just what #Police do... It's ALL they do!

    You must comprehend the FACT that
    POLICE NO PAY NO PRICE WHATSOEVER FOR RUINING INNOCENT LIVES!

    They face ZERO ACCOUNTABILITY financially, and are NEVER #Criminally Charged!

    But on the other hand, they receive bonuses, awards, and other accolades when they arrest large numbers of people! INNOCENT PEOPLE pay just as well as criminals!

    So WHY NOT arrest innocent people?
    Police only stand to GAIN!

    #Prosecutors never charge Police under
    TITLE 18 U.S.C. § 241 Conspiracy Against Rights OR
    18 U.S.C. § 242 Deprivation of Rights Under Color of Law (As required by law)

    And Police have "Qualified Immunity" protecting them from being sued civilly, and even if they lose that immunity, TAXPAYERS will be saddled with paying any lawsuits! So there's just NO WAY POLICE LOSE when they do wrong!!!

    They can brutalize, and even #Murder Americans, and won't be held accountable!

    They can ARREST & IMPRISON INNOCENT Americans, and won't be held accountable

    Quite the opposite.... they will receive bonuses and awards for making more arrests!

    Innocent or guilty, it ALL PAYS THE SAME for corrupt Police in the United States!

    These Police need to be CHARGED CRIMINALLY under
    TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND
    18 U.S.C. § 242 Deprivation of Rights Under Color of Law EVERY TIME they violate the rights of Americans!

    And the PROSECUTORS who fail to charge them under these statutes when they are clearly guilty of violating them need to be charged under the SAME STATUTE!

    The American PEOPLE have full control over the "Grand Jury and do not require any "government" aid to indict these officers! It's high time that Americans start USING THAT GREAT POWER TO SEE THAT BAD COPS GO TO PRISON WHERE THEY BELONG

    YOU have the power, the AUTHORITY to indict "government" criminals.... Don't you think it's time that you USE IT???

    https://old.bitchute.com/video/x5Ih9nV9uCQ/
    THESE SICK COPS JUST RUINED A LOT OF LIVES! It's just what #Police do... It's ALL they do! You must comprehend the FACT that POLICE NO PAY NO PRICE WHATSOEVER FOR RUINING INNOCENT LIVES! They face ZERO ACCOUNTABILITY financially, and are NEVER #Criminally Charged! But on the other hand, they receive bonuses, awards, and other accolades when they arrest large numbers of people! INNOCENT PEOPLE pay just as well as criminals! So WHY NOT arrest innocent people? Police only stand to GAIN! #Prosecutors never charge Police under TITLE 18 U.S.C. § 241 Conspiracy Against Rights OR 18 U.S.C. § 242 Deprivation of Rights Under Color of Law (As required by law) And Police have "Qualified Immunity" protecting them from being sued civilly, and even if they lose that immunity, TAXPAYERS will be saddled with paying any lawsuits! So there's just NO WAY POLICE LOSE when they do wrong!!! They can brutalize, and even #Murder Americans, and won't be held accountable! They can ARREST & IMPRISON INNOCENT Americans, and won't be held accountable Quite the opposite.... they will receive bonuses and awards for making more arrests! Innocent or guilty, it ALL PAYS THE SAME for corrupt Police in the United States! These Police need to be CHARGED CRIMINALLY under TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law EVERY TIME they violate the rights of Americans! And the PROSECUTORS who fail to charge them under these statutes when they are clearly guilty of violating them need to be charged under the SAME STATUTE! The American PEOPLE have full control over the "Grand Jury and do not require any "government" aid to indict these officers! It's high time that Americans start USING THAT GREAT POWER TO SEE THAT BAD COPS GO TO PRISON WHERE THEY BELONG YOU have the power, the AUTHORITY to indict "government" criminals.... Don't you think it's time that you USE IT??? https://old.bitchute.com/video/x5Ih9nV9uCQ/
    OLD.BITCHUTE.COM
    These Sick Cops Just RUINED a LOT of Lives!
    There are a LOT of innocent lives that just got ruined by these cops! How do we fix this? 🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a Channel member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the chan…
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  • SPAZ COP SHOWS FANGS: THIS IS WHY WE'RE NOT FREE IN AMERICA!

    The #Police are cowardly punks who hide behind the "thin blue line GANG"
    They are the "hall monitors" from school... The very same kids that got beat up
    EVERY DAY and made to wear someone's jock strap on their empty head.

    They are the mental midgets who actually believe they have more rights than you do!
    They believe that THEY can break the law, and YOU must "do as they say"

    This is a breed which needs to go EXTINCT!
    These little tyrant scumbags need to go the cages they want too put YOU into!

    EVERY COP violates the law on a daily basis...
    violates their #Oath to "Protect and Defend the Constitution" DAILY

    And all it would take to put an end to their reign of terror is for Americans
    (ALL OF THEM) to stop tolerating their unlawful, retaliatory behavior, and to
    START ENFORCING THE SAME LAWS EVERYONE ELSE MUST FOLLOW ON POLICE!

    If Police were actually "Held Accountable" they'd ALL be in jail!
    But you know what... They would IMMEDIATELY STOP BREAKING THE LAW

    Every blue-belly scumbag in this country should be
    REQUIRED BY LAW TO CARRY LIABILITY INSURANCE TO BE ELIGIBLE TO WORK!

    This way, when an American sues them for misconduct or Police Brutality and wins,
    THE GUILTY COP'S INSURANCE WOULD PAY - INSTEAD OF TAXPAYERS!

    This would cause the guilty cop's insurance rate to climb....
    An INCENTIVE for him to stop abusing Americans and violating the LAW!

    Should he continue violating the rights of Americans, and continues getting sued and found liable, HIS INSURANCE WOULD BE CANCELLED, LEAVING HIM UNABLE TO WORK AS A POLICE OFFICER!

    You see.... Police will NEVER "hold themselves accountable!
    PROSECUTORS will NEVER HOLD POLICE ACCOUNTABLE CRIMINALLY!!!

    But an insurance company has no issue with it at all!
    They'd GLADLY end the career of a dirty cop!

    And it's also time for TITLE 18 U.S.C. § 241 (Conspiracy Against Rights) and
    18 U.S.C. § 242 (Deprivation of Rights Under Color of Law) to start being ENFORCED on Law Enforcement!

    Police violate these FEDERAL STATUTES EVERY DAY!
    But Federal PROSECUTORS never charge them under the statutes because they are
    aiding and abetting the criminal actions of Police!

    ANY PROSECUTOR FOUND TO HAVE FAILED TO CHARGE A POLICE OFFICER GUILTY UNDER THESE STATUTES SHOULD ALSO BE CHARGED UNDER THE SAME STATUTE!

    It is time to STOP TOLERATING criminal behavior from government employees!


    https://old.bitchute.com/video/vIsZJ_0FMsY/
    SPAZ COP SHOWS FANGS: THIS IS WHY WE'RE NOT FREE IN AMERICA! The #Police are cowardly punks who hide behind the "thin blue line GANG" They are the "hall monitors" from school... The very same kids that got beat up EVERY DAY and made to wear someone's jock strap on their empty head. They are the mental midgets who actually believe they have more rights than you do! They believe that THEY can break the law, and YOU must "do as they say" This is a breed which needs to go EXTINCT! These little tyrant scumbags need to go the cages they want too put YOU into! EVERY COP violates the law on a daily basis... violates their #Oath to "Protect and Defend the Constitution" DAILY And all it would take to put an end to their reign of terror is for Americans (ALL OF THEM) to stop tolerating their unlawful, retaliatory behavior, and to START ENFORCING THE SAME LAWS EVERYONE ELSE MUST FOLLOW ON POLICE! If Police were actually "Held Accountable" they'd ALL be in jail! But you know what... They would IMMEDIATELY STOP BREAKING THE LAW Every blue-belly scumbag in this country should be REQUIRED BY LAW TO CARRY LIABILITY INSURANCE TO BE ELIGIBLE TO WORK! This way, when an American sues them for misconduct or Police Brutality and wins, THE GUILTY COP'S INSURANCE WOULD PAY - INSTEAD OF TAXPAYERS! This would cause the guilty cop's insurance rate to climb.... An INCENTIVE for him to stop abusing Americans and violating the LAW! Should he continue violating the rights of Americans, and continues getting sued and found liable, HIS INSURANCE WOULD BE CANCELLED, LEAVING HIM UNABLE TO WORK AS A POLICE OFFICER! You see.... Police will NEVER "hold themselves accountable! PROSECUTORS will NEVER HOLD POLICE ACCOUNTABLE CRIMINALLY!!! But an insurance company has no issue with it at all! They'd GLADLY end the career of a dirty cop! And it's also time for TITLE 18 U.S.C. § 241 (Conspiracy Against Rights) and 18 U.S.C. § 242 (Deprivation of Rights Under Color of Law) to start being ENFORCED on Law Enforcement! Police violate these FEDERAL STATUTES EVERY DAY! But Federal PROSECUTORS never charge them under the statutes because they are aiding and abetting the criminal actions of Police! ANY PROSECUTOR FOUND TO HAVE FAILED TO CHARGE A POLICE OFFICER GUILTY UNDER THESE STATUTES SHOULD ALSO BE CHARGED UNDER THE SAME STATUTE! It is time to STOP TOLERATING criminal behavior from government employees! https://old.bitchute.com/video/vIsZJ_0FMsY/
    OLD.BITCHUTE.COM
    SPAZ COP Shows Fangs: This is Why We're NOT FREE in America!
    🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a Channel member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the channel: ⭐ Patreon: https://www.patreon.com/highimpactflix ✅ CashApp: https://cash.app/$HighImpa…
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  • Zalma's Insurance Fraud Letter - December 1, 2024

    ZIFL Volume 28 No. 22

    Post 4939

    Read the full article at Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdfand at https://zalma.com/blog.

    Subscribe to ZIFL at https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D

    The Source for the Insurance Fraud Professional https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th 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:

    The EUO is a Material Condition Precedent
    A Key Tool in the Effort to Reduce Fraud
    Claim Properly Denied for Refusal to Testify at EUO

    I spoke recently at the Conference of the Southern California Fraud Investigators Association on the Examination Under Oath as a tool to help insureds prove their losses and what happens when an insured fails or refuses to testify. This case emphasizes the purpose of my talk.

    Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    Thanksgiving Wishes from the Zalma Family

    My family and I have much to be thankful for this year. My first born daughter, Stephanie Zalma, continues to care for my wife 24 hours a day 7 days a week with love and patience as Thea continues as Nana to our two grandchildren and the loving mother of our three children.

    After receiving a new Aortic Heart Valve I am personally in good health, walking about 25 miles a week. Exercising my, apparently unusual mode of retirement, I work only six to eight hours a day doing what I love the most, writing about insurance, insurance claims, insurance law and acting as an insurance claims consultant and expert witness.

    Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    More McClenny Moseley & Associates Issues

    This is ZIFL’s thirty eighth installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be an effort to profit from what some Magistrate and District judges may be criminal to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana.

    Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    Ethical Behavior & Insurance

    Insurance, from the time of its first agreement to the present day has always been a business requiring ethical behavior between the insurer and the insured and between the insured and the insurer.

    The concept of ethical behavior refers to well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues, all of which are essential to the lawyer.

    Ethics refers to those standards that impose the reasonable obligations to refrain from murder, rape, theft, assault, slander, and fraud. Ethical standards also include those that imply virtues of honesty, compassion, and loyalty.

    There are rights presumed to exist such as those described in the Declaration of Independence submitted to King George of England in 1776 that held:

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness.

    The unalienable rights also include the right to life, the right to freedom from injury, and the right to liberty. Such standards are adequate standards of ethics because they are supported by consistent and well-founded reasons.

    Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    Health Insurance Fraud Convictions

    Michigan Woman Convicted of $1.4M Health Care Kickback Scheme

    Mary Smettler-Bolton, 71, of Oakland County, Michigan was convicted November 22, 2024 for her role in a conspiracy to defraud the United States and receive illegal health care kickbacks.

    According to court documents and evidence presented at trial, Mary referred Medicare beneficiaries to several Metro Detroit home health companies in exchange for hundreds of thousands of dollars in kickbacks paid by the owners and operators of the home health companies. Over the course of four years, she and her co-conspirators caused over $1.4 million of loss to Medicare.

    Smettler-Bolton was convicted of one count of conspiracy to defraud the United States and receive illegal health care kickbacks and one count of violating the federal Anti-Kickback Statute. She is scheduled to be sentenced on March 3, 2025, and faces a maximum penalty of five years in prison on the conspiracy count and a maximum penalty of 10 years in prison on the kickback count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Read the full article about dozens more convictions at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    Convictions of Other Than Health Insurance Fraud

    Creative Fraudster Guilty of $229K Insurance Fraud Schemes

    Justin Mack, a native of Buffalo, New York, and a resident of Cleveland, Ohio, was sentenced on November 25, 2024 in the Cuyahoga County Court of Common Pleas. Mack, an Ohio man was sentenced to five years in prison and ordered to pay restitution for filing 24 fraudulent claims with multiple insurance companies, totaling more than $229,000.

    An extensive investigation uncovered Mack’s pattern of submitting altered documentation, falsified claims, and using other people’s identities to fraudulently secure payouts from multiple insurance companies.

    Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    The Examination Under Oath Is Not Part of a Judicial Process

    Although the EUO is a formal proceeding it is not part of a judicial process nor is it subject to the rules set out by codes of civil procedure. There is no right to object to questions and never a judge present to rule on the objections. The testimony at the EUO is required to be presented in accordance with the obligation imposed on an insured to deal fairly and in good faith with the insurer.

    Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf

    Barry Zalma

    Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455. Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome. Write to Mr. Zalma at [email protected]; https://www.zalma.com; https://zalma.com/blog. He publishes daily articles at https://zalma.substack.com, Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ to consider more than 50 volumes written by Barry Zalma on insurance and insurance claims handling.

    Go to Zalma’s Insurance Fraud Letter at https://zalma.com/zalmas-insurance-fraud-letter-2/; Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ and GTTR at https://gettr.com/@zalma
    Zalma's Insurance Fraud Letter - December 1, 2024 ZIFL Volume 28 No. 22 Post 4939 Read the full article at Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdfand at https://zalma.com/blog. Subscribe to ZIFL at https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D The Source for the Insurance Fraud Professional https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th 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: The EUO is a Material Condition Precedent A Key Tool in the Effort to Reduce Fraud Claim Properly Denied for Refusal to Testify at EUO I spoke recently at the Conference of the Southern California Fraud Investigators Association on the Examination Under Oath as a tool to help insureds prove their losses and what happens when an insured fails or refuses to testify. This case emphasizes the purpose of my talk. Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf Thanksgiving Wishes from the Zalma Family My family and I have much to be thankful for this year. My first born daughter, Stephanie Zalma, continues to care for my wife 24 hours a day 7 days a week with love and patience as Thea continues as Nana to our two grandchildren and the loving mother of our three children. After receiving a new Aortic Heart Valve I am personally in good health, walking about 25 miles a week. Exercising my, apparently unusual mode of retirement, I work only six to eight hours a day doing what I love the most, writing about insurance, insurance claims, insurance law and acting as an insurance claims consultant and expert witness. Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf More McClenny Moseley & Associates Issues This is ZIFL’s thirty eighth installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be an effort to profit from what some Magistrate and District judges may be criminal to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana. Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf Ethical Behavior & Insurance Insurance, from the time of its first agreement to the present day has always been a business requiring ethical behavior between the insurer and the insured and between the insured and the insurer. The concept of ethical behavior refers to well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues, all of which are essential to the lawyer. Ethics refers to those standards that impose the reasonable obligations to refrain from murder, rape, theft, assault, slander, and fraud. Ethical standards also include those that imply virtues of honesty, compassion, and loyalty. There are rights presumed to exist such as those described in the Declaration of Independence submitted to King George of England in 1776 that held: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness. The unalienable rights also include the right to life, the right to freedom from injury, and the right to liberty. Such standards are adequate standards of ethics because they are supported by consistent and well-founded reasons. Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf Health Insurance Fraud Convictions Michigan Woman Convicted of $1.4M Health Care Kickback Scheme Mary Smettler-Bolton, 71, of Oakland County, Michigan was convicted November 22, 2024 for her role in a conspiracy to defraud the United States and receive illegal health care kickbacks. According to court documents and evidence presented at trial, Mary referred Medicare beneficiaries to several Metro Detroit home health companies in exchange for hundreds of thousands of dollars in kickbacks paid by the owners and operators of the home health companies. Over the course of four years, she and her co-conspirators caused over $1.4 million of loss to Medicare. Smettler-Bolton was convicted of one count of conspiracy to defraud the United States and receive illegal health care kickbacks and one count of violating the federal Anti-Kickback Statute. She is scheduled to be sentenced on March 3, 2025, and faces a maximum penalty of five years in prison on the conspiracy count and a maximum penalty of 10 years in prison on the kickback count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Read the full article about dozens more convictions at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf Convictions of Other Than Health Insurance Fraud Creative Fraudster Guilty of $229K Insurance Fraud Schemes Justin Mack, a native of Buffalo, New York, and a resident of Cleveland, Ohio, was sentenced on November 25, 2024 in the Cuyahoga County Court of Common Pleas. Mack, an Ohio man was sentenced to five years in prison and ordered to pay restitution for filing 24 fraudulent claims with multiple insurance companies, totaling more than $229,000. An extensive investigation uncovered Mack’s pattern of submitting altered documentation, falsified claims, and using other people’s identities to fraudulently secure payouts from multiple insurance companies. Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf The Examination Under Oath Is Not Part of a Judicial Process Although the EUO is a formal proceeding it is not part of a judicial process nor is it subject to the rules set out by codes of civil procedure. There is no right to object to questions and never a judge present to rule on the objections. The testimony at the EUO is required to be presented in accordance with the obligation imposed on an insured to deal fairly and in good faith with the insurer. Read the full article at https://zalma.com/blog/wp-content/uploads/2024/12/ZIFL-12-01-2024.pdf Barry Zalma Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455. Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome. Write to Mr. Zalma at [email protected]; https://www.zalma.com; https://zalma.com/blog. He publishes daily articles at https://zalma.substack.com, Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ to consider more than 50 volumes written by Barry Zalma on insurance and insurance claims handling. Go to Zalma’s Insurance Fraud Letter at https://zalma.com/zalmas-insurance-fraud-letter-2/; Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ and GTTR at https://gettr.com/@zalma
    0 Comments 1 Shares 2K Views
  • Pure Ego and Abuse of Power - Retaliation After Feelings Get Hurt

    As usual... the ONLY "#Criminal behavior" in this video was that of #Police!

    Police are nothing more than state protected #OrganizedCrime, who are protected BOTH from Criminal penalties for their behavior AND for financially liability for their actions.... UNLIKE ANY OTHER AMERICANS, POLICE ARE NOT HELD ACCOUNTABLE FOR THEIR ACTIONS!

    Not ever!
    Which is kinda funny, since there is FEDERAL LAW they violate on a daily basis!

    Specifically, these Police Officers are guilty of violating
    TITLE 18 U.S.C. § 241 "Conspiracy Against Rights" AND
    TITLE 18 U.S.C. § 242 "Deprivation of Rights Under Color of Law"

    This tells me that FEDERAL PROSECUTORS are complicit in these #Crimes by failing to prosecute these clear violations, which enables the criminal Police officers to commit more and more crimes against the public!

    It is time to start charging BOTH the Police Officers who violate these statutes AND the Federal Prosecutors who enable their conduct, even "aiding & abetting" the conduct by failing to prosecute the criminal officers under these statutes when it is clearly applicable, and they are clearly in violation!

    That is correct.... CHARGE THE PROSECUTORS TOO!
    You see.... when you allow the CRIMINALS to run the "prison" you end up with #Corruption, like we have in EVERY POLICE DEPARTMENT ACROSS AMERICA!

    It's time that these officers are tried under COMMON LAW as a MAN or WOMAN who has done harm to another MAN or WOMAN. Whether that be a false arrest, police brutality and assault, or just financial #Terrorism!

    The days of "Letting it slide" are OOVER!
    It is time to get some ACCOUNTABILITY! ( For a much needed change )

    https://youtu.be/4X3UpOMrSdE
    Pure Ego and Abuse of Power - Retaliation After Feelings Get Hurt As usual... the ONLY "#Criminal behavior" in this video was that of #Police! Police are nothing more than state protected #OrganizedCrime, who are protected BOTH from Criminal penalties for their behavior AND for financially liability for their actions.... UNLIKE ANY OTHER AMERICANS, POLICE ARE NOT HELD ACCOUNTABLE FOR THEIR ACTIONS! Not ever! Which is kinda funny, since there is FEDERAL LAW they violate on a daily basis! Specifically, these Police Officers are guilty of violating TITLE 18 U.S.C. § 241 "Conspiracy Against Rights" AND TITLE 18 U.S.C. § 242 "Deprivation of Rights Under Color of Law" This tells me that FEDERAL PROSECUTORS are complicit in these #Crimes by failing to prosecute these clear violations, which enables the criminal Police officers to commit more and more crimes against the public! It is time to start charging BOTH the Police Officers who violate these statutes AND the Federal Prosecutors who enable their conduct, even "aiding & abetting" the conduct by failing to prosecute the criminal officers under these statutes when it is clearly applicable, and they are clearly in violation! That is correct.... CHARGE THE PROSECUTORS TOO! You see.... when you allow the CRIMINALS to run the "prison" you end up with #Corruption, like we have in EVERY POLICE DEPARTMENT ACROSS AMERICA! It's time that these officers are tried under COMMON LAW as a MAN or WOMAN who has done harm to another MAN or WOMAN. Whether that be a false arrest, police brutality and assault, or just financial #Terrorism! The days of "Letting it slide" are OOVER! It is time to get some ACCOUNTABILITY! ( For a much needed change ) https://youtu.be/4X3UpOMrSdE
    0 Comments 0 Shares 788 Views
  • When Rejected in Writing no UM/UIM Coverage

    Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts.

    When Rejected in Writing no UM/UIM Coverage
    Post 4939

    Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants.

    In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC.

    FACTS

    Progressive sued for declaratory judgment.

    Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident.

    Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies.

    FLORIDA UM/UIM COVERAGE REQUIREMENTS

    Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto.

    Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage.

    THE APPEAL

    The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply.

    Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not.

    ZALMA OPINION

    It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit.

    (c) 2024 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://lnkd.in/gmmzUVBy
    Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    When Rejected in Writing no UM/UIM Coverage Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts. When Rejected in Writing no UM/UIM Coverage Post 4939 Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants. In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC. FACTS Progressive sued for declaratory judgment. Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident. Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies. FLORIDA UM/UIM COVERAGE REQUIREMENTS Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto. Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage. THE APPEAL The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply. Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not. ZALMA OPINION It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit. (c) 2024 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://lnkd.in/gmmzUVBy Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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    When Rejected in Writing no UM/UIM Coverage
    When Rejected in Writing no UM/UIM Coverage Post 4939 Posted on November 26, 2024 by Barry Zalma See the full video at https://rumble.com/v5sz2eb-when-rejected-in-writing-no-umuim-coverage.
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  • This ONE WORD Can Send You To Jail In The USA!

    Let's be honest here....
    You can BS your friends, and I'll BS mine, but in a country where #Police
    are NEVER HELD ACCOUNTABLE FOR THEIR #CRIMINAL ACTIONS, you can go to jail for ANYTHING at ANY TIME!

    It matters not if it's "legal" or illegal...
    Because the criminal cop will never be jailed for his crimes,
    so WHY NOT COMMIT THEM?

    WHY NOT unlawfully arrest EVERY AMERICAN???
    There will be NO ACCOUNTABILITY, no criminal charges, and no financial penalty!

    The Police actually have an INCENTIVE to break the law...
    Which is "I won't be punished for it, so WHY NOT?"

    These scumbags should die in a jail cell....
    But instead they'll continue locking innocent Americans in cages

    And will NEVER be held accountable!

    So "What the court rules" is irreverent
    They don't follow the law... and "the courts" don't uphold the law!

    The ONLY THING that you can count on is that Police are ABOVE THE LAW
    just like the black robed priests of the #BAR and Politicians!

    ONLY YOU are subjected to these "laws"
    which are really just CORPORATE POLICIES ( Statutes and Codes )
    It's a JOKE!

    Our "Court System" is worse than a banana republic!
    Calling them a banana republic is an insult to banana republics everywhere!

    https://www.youtube.com/watch?v=TxQz0163lXQ
    This ONE WORD Can Send You To Jail In The USA! Let's be honest here.... You can BS your friends, and I'll BS mine, but in a country where #Police are NEVER HELD ACCOUNTABLE FOR THEIR #CRIMINAL ACTIONS, you can go to jail for ANYTHING at ANY TIME! It matters not if it's "legal" or illegal... Because the criminal cop will never be jailed for his crimes, so WHY NOT COMMIT THEM? WHY NOT unlawfully arrest EVERY AMERICAN??? There will be NO ACCOUNTABILITY, no criminal charges, and no financial penalty! The Police actually have an INCENTIVE to break the law... Which is "I won't be punished for it, so WHY NOT?" These scumbags should die in a jail cell.... But instead they'll continue locking innocent Americans in cages And will NEVER be held accountable! So "What the court rules" is irreverent They don't follow the law... and "the courts" don't uphold the law! The ONLY THING that you can count on is that Police are ABOVE THE LAW just like the black robed priests of the #BAR and Politicians! ONLY YOU are subjected to these "laws" which are really just CORPORATE POLICIES ( Statutes and Codes ) It's a JOKE! Our "Court System" is worse than a banana republic! Calling them a banana republic is an insult to banana republics everywhere! https://www.youtube.com/watch?v=TxQz0163lXQ
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