• Declaring a Policy Void
    When a Policy Is Void
    For Subscribers to Excellence in Claims Handling
    You can Subscribe for only $5 a month to Excellence in Claims Handling at
    https://barryzalma.substack.com/subscribe
    A small portion of what was provided to subscribers.
    In almost every policy of insurance, there is a clause declaring the policy void if the insured misrepresents or conceals material facts or commits fraud. For example:
    We do not pay for bodily injury or property damage which is expected by, directed by, or intended by an insured. This exclusion does not apply to bodily injury that arises out of the use of reasonable force to protect people or property. (AAIS Form BP-200, (c) 1987 AAIS).
    or:
    This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other “insured,” at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered “auto”; c. Your interest in the covered “auto”; or d. A claim under this Coverage Form. (Insurance Services Office form CA 00 01 01 87).
    The policy wording requires that the insurer prove, not only that the insured misrepresented or concealed a material fact but must also prove that the insured did so with the intent to deceive.
    Absent the rare confession it is often difficult to prove intentional deceit. The insured will usually claim that he or she was mistaken and had no intent to deceive. In more than 50 years of investigation of fraudulent insurance claims I only once received from an insured an under oath statement that the insured intentionally deceived the insurer and then, not in person, but by correcting false testimony in the transcript of an examination under oath.
    If fraud or mutual mistake is an issue, insurers and insureds doing business in Oklahoma must resort to courts of general jurisdiction for a determination of contractual rights.[1] In Oklahoma, the Workers’ Compensation court does not have the right to rescind or declare a policy of Workers’ Compensation insurance void. However, where there is a misrepresentation with intent to deceive and the putative insured recognized the materiality of the misrepresentation the insurance policy is void from its inception.[2]
    In Florida, Florida Statutes (2006), state in pertinent part:
    any insurance fraud shall void all coverage arising from the claim related to such fraud under the personal injury protection coverage of the insured person who committed the fraud.
    In harmony with this statutory provision, the fraud provision in an insurance policy set forth: “any insurance fraud shall void all personal injury protection coverage arising from the claim with respect to the insured who committed the fraud” is appropriate and enforceable. [Bosem v. Commerce & Indus. Ins. Co., 35 So.3d 944 (Fla. App., 2010)]

    Declaring a Policy Void When a Policy Is Void For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers. In almost every policy of insurance, there is a clause declaring the policy void if the insured misrepresents or conceals material facts or commits fraud. For example: We do not pay for bodily injury or property damage which is expected by, directed by, or intended by an insured. This exclusion does not apply to bodily injury that arises out of the use of reasonable force to protect people or property. (AAIS Form BP-200, (c) 1987 AAIS). or: This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other “insured,” at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered “auto”; c. Your interest in the covered “auto”; or d. A claim under this Coverage Form. (Insurance Services Office form CA 00 01 01 87). The policy wording requires that the insurer prove, not only that the insured misrepresented or concealed a material fact but must also prove that the insured did so with the intent to deceive. Absent the rare confession it is often difficult to prove intentional deceit. The insured will usually claim that he or she was mistaken and had no intent to deceive. In more than 50 years of investigation of fraudulent insurance claims I only once received from an insured an under oath statement that the insured intentionally deceived the insurer and then, not in person, but by correcting false testimony in the transcript of an examination under oath. If fraud or mutual mistake is an issue, insurers and insureds doing business in Oklahoma must resort to courts of general jurisdiction for a determination of contractual rights.[1] In Oklahoma, the Workers’ Compensation court does not have the right to rescind or declare a policy of Workers’ Compensation insurance void. However, where there is a misrepresentation with intent to deceive and the putative insured recognized the materiality of the misrepresentation the insurance policy is void from its inception.[2] In Florida, Florida Statutes (2006), state in pertinent part: any insurance fraud shall void all coverage arising from the claim related to such fraud under the personal injury protection coverage of the insured person who committed the fraud. In harmony with this statutory provision, the fraud provision in an insurance policy set forth: “any insurance fraud shall void all personal injury protection coverage arising from the claim with respect to the insured who committed the fraud” is appropriate and enforceable. [Bosem v. Commerce & Indus. Ins. Co., 35 So.3d 944 (Fla. App., 2010)]
    BARRYZALMA.SUBSTACK.COM
    Subscribe to Excellence in Claims Handling
    A series of writings and/or videos to help understand insurance, insurance claims, and becoming an insurance claims professional and who need to provide or receive competent and Excellence in Claims Handling. Click to read Excellence in Claims Handling, by Barry Zalma, a Substack publication with thousands of subscribers.
    0 Kommentare 0 Anteile 627 Ansichten

  • Officer Caught Aiding Criminals for Cash

    Police Officer who took Bribes from Insurance Fraudster Convicted

    Post 4923

    Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors:

    1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment.
    2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected.
    3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution.

    In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal.

    FACTS

    Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher.

    At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties.

    Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city.

    Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI.

    After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment.

    Law and Analysis - Entrapment Instruction

    In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment.

    Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense.

    The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money.

    The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense.

    Testimony Pertaining to Bribery

    In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money.

    Manifest Weight of the Evidence

    Johnson argued his convictions were against the manifest weight of the evidence.

    The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels.

    CONCLUSION

    The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.

    ZALMA OPINION

    There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash.

    (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
    Officer Caught Aiding Criminals for Cash Police Officer who took Bribes from Insurance Fraudster Convicted Post 4923 Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors: 1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment. 2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected. 3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution. In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal. FACTS Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher. At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties. Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city. Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI. After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment. Law and Analysis - Entrapment Instruction In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment. Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense. The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money. The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense. Testimony Pertaining to Bribery In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money. Manifest Weight of the Evidence Johnson argued his convictions were against the manifest weight of the evidence. The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels. CONCLUSION The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. ZALMA OPINION There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash. (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
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Kommentare 0 Anteile 1KB Ansichten
  • https://thewashingtonstandard.com/iran-muslima-converts-to-christianity-is-jailed-then-denied-parole-after-refusing-forced-confession/
    https://thewashingtonstandard.com/iran-muslima-converts-to-christianity-is-jailed-then-denied-parole-after-refusing-forced-confession/
    THEWASHINGTONSTANDARD.COM
    Iran: Muslima converts to Christianity, is jailed, then denied parole after ‘refusing forced confession’ - The Washington Standard
    Laleh Saati is in grave danger. Shi’ite Islam, like Sunni Islam, prescribes the death penalty for apostasy: Shaykh al-Kulayni narrates a sahíh (correct) hadith from `Ammãr as-Sãbãti who said: I heard (Imam) Abu `Abdullãh (as-Sãdiq) (a.s.) saying, “A Muslim from among the Muslims who renounces Islam and rejects the prophethood ...
    0 Kommentare 0 Anteile 248 Ansichten
  • https://forex-strategy.com/2024/10/13/bill-gates-confession-casts-doubt-on-climate-change/
    Bill Gates' confession casts doubt on climate change
    #billgates #usa #politics #climatechange #nwo
    https://forex-strategy.com/2024/10/13/bill-gates-confession-casts-doubt-on-climate-change/ Bill Gates' confession casts doubt on climate change #billgates #usa #politics #climatechange #nwo
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  • I'D BET THIS IS STILL HAPPENING...
    Former CIA agent deathbed confession..
    I'D BET THIS IS STILL HAPPENING... 💥Former CIA agent deathbed confession..
    0 Kommentare 0 Anteile 231 Ansichten 4
  • Part 1, WORLD Special Report: Confessions of a Dangerous Man Frank Terpil

    https://www.youtube.com/watch?v=RkT3usK8B6k&list=PL08DD21B974CB14DF
    Part 1, WORLD Special Report: Confessions of a Dangerous Man Frank Terpil https://www.youtube.com/watch?v=RkT3usK8B6k&list=PL08DD21B974CB14DF
    - YouTube
    Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
    Angry
    1
    0 Kommentare 0 Anteile 302 Ansichten
  • FLY ME TO THE MOON IS A CONFESSION FROM NASA! THEY ADMIT TO IT ALL & STILL NO ONE BELIEVES US!

    I know the #Truth!
    If they refuse to let go of their ball delusion... at least I TRIED exposing the truth

    https://old.bitchute.com/video/zQaILsBBXzeA/
    FLY ME TO THE MOON IS A CONFESSION FROM NASA! THEY ADMIT TO IT ALL & STILL NO ONE BELIEVES US! I know the #Truth! If they refuse to let go of their ball delusion... at least I TRIED exposing the truth https://old.bitchute.com/video/zQaILsBBXzeA/
    0 Kommentare 0 Anteile 542 Ansichten
  • Pelosi’s J6 Confession: Admits ‘Responsible’ For National Guard, Yet Keeps Blaming Trump https://www.infowars.com/posts/pelosis-j6-confession-admits-responsible-for-national-guard-yet-keeps-blaming-trump/
    Pelosi’s J6 Confession: Admits ‘Responsible’ For National Guard, Yet Keeps Blaming Trump https://www.infowars.com/posts/pelosis-j6-confession-admits-responsible-for-national-guard-yet-keeps-blaming-trump/
    Angry
    1
    0 Kommentare 1 Anteile 508 Ansichten
  • 5 Bucks and a Hershey Bar
    A young seminarian receives his first parish orders and reports to the Bishop.

    The Bishop welcomes the seminarian and tells him his first week he will be in charge of the confessional.

    The first visitor speaks to the seminarian and says, "Bless me Father, for I have sinned",
    to which the seminarian replied, "What sin did you commit, my son?"

    "I masturbated" is his reply, to which the seminarian responds, "Wash your hands in Holy Water, say three Hail Marys and never sin again."

    The next visitor is a Nun. She tells the seminarian, "Bless me Father, for I have sinned", to which the seminarian replies, "What sin did you commit, sister?", to which she replies, "I bumped against a man in a crowd and he had an erection and my hand brushed against it."

    The seminarian replied, "This was surely not your fault, but if it makes you feel better, wash your hand in Holy Water and say 3 Hail Marys and be careful not to let it happen again."

    The next visitor is a gorgeous buxom blonde who tells the seminarian, "Bless me Father, for I have sinned" to which the seminarian replies, "What sin did you commit, my child?"

    She replies, "I gave a man a blow job and he wasn't my husband." Perplexed, the seminarian can't remember what the penance is for that sin, and cannot find it in his book of penances. He looks out of the confessional booth for the Bishop, but he is nowhere in sight. About then an altar boy walks by and he grabs his arm and asks him quietly, "Have you got any idea what the Bishop gives for a blow job?" The altar boy replies, "Oh, that's an easy one. 5 bucks and a Hershey bar!"
    https://imgflip.com/i/8q7ecp
    5 Bucks and a Hershey Bar A young seminarian receives his first parish orders and reports to the Bishop. The Bishop welcomes the seminarian and tells him his first week he will be in charge of the confessional. The first visitor speaks to the seminarian and says, "Bless me Father, for I have sinned", to which the seminarian replied, "What sin did you commit, my son?" "I masturbated" is his reply, to which the seminarian responds, "Wash your hands in Holy Water, say three Hail Marys and never sin again." The next visitor is a Nun. She tells the seminarian, "Bless me Father, for I have sinned", to which the seminarian replies, "What sin did you commit, sister?", to which she replies, "I bumped against a man in a crowd and he had an erection and my hand brushed against it." The seminarian replied, "This was surely not your fault, but if it makes you feel better, wash your hand in Holy Water and say 3 Hail Marys and be careful not to let it happen again." The next visitor is a gorgeous buxom blonde who tells the seminarian, "Bless me Father, for I have sinned" to which the seminarian replies, "What sin did you commit, my child?" She replies, "I gave a man a blow job and he wasn't my husband." Perplexed, the seminarian can't remember what the penance is for that sin, and cannot find it in his book of penances. He looks out of the confessional booth for the Bishop, but he is nowhere in sight. About then an altar boy walks by and he grabs his arm and asks him quietly, "Have you got any idea what the Bishop gives for a blow job?" The altar boy replies, "Oh, that's an easy one. 5 bucks and a Hershey bar!" https://imgflip.com/i/8q7ecp
    1 Kommentare 0 Anteile 920 Ansichten
  • Confession: Karine Jean-Pierre Says She Can’t Comment on Trump Trial Because It’s ‘Related to 2024 Elections’ https://www.infowars.com/posts/confession-karine-jean-pierre-says-she-cant-comment-on-trump-trial-because-its-related-to-2024-elections/
    Confession: Karine Jean-Pierre Says She Can’t Comment on Trump Trial Because It’s ‘Related to 2024 Elections’ https://www.infowars.com/posts/confession-karine-jean-pierre-says-she-cant-comment-on-trump-trial-because-its-related-to-2024-elections/
    WWW.INFOWARS.COM
    Confession: Karine Jean-Pierre Says She Can’t Comment on Trump Trial Because It’s ‘Related to 2024 Elections’
    Biden's press secretary says the quiet part out loud -- the NYC trial against former President Trump is election interference.
    Haha
    1
    0 Kommentare 0 Anteile 393 Ansichten
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