Third Circuit Compels Arbitration of IFPA Qui Tam Claims Post 4781 See the full video at https://rumble.com/v4psoxu-man-bites-dog-and-dog-bites-back.html  and at https://youtu.be/Lx6_lFigogk In The Insurance Fraud Prevention Act (IFPA) allows insurers to sue health care providers pursuing insurers with assignments of benefits from personal injury protection (PIP) claims (no fault insurance) on behalf of the state. GEICO did so against multiple health care providers who asked the court to compel GEICO to arbitrate each potential fraud claim. In Government Employees Insurance Co.; GEICO In ..read more

Private Limitation of Action Provision Defeats Bad Faith Suit Post 4780 See the full video at https://rumble.com/v4pm4n0-swimming-pool-claim-sunk.html  and at https://youtu.be/W9XJi0tdetE No Right to Bad Faith If No Coverage for Loss James H. Drevs and Patricia Henderson appealed from the order of the Law Division dismissing with prejudice their complaint seeking insurance coverage for storm damage to their real property. In James H. Drevs and Patricia Henderson v. Metropolitan Property And Casualty Insurance Company, No. A-0637-22, Superior Court of New Jersey, Appellate Division (April ..read more

ZIFL, Volume 28, Issue 8 Subscribe to ZIFL Here  Post 4779 See the full video at https://rumble.com/v4p2ule-zalmas-insurance-fraud-letter-april-15-2024.html and at https://youtu.be/p6L-wEbN4_g The Source for the Insurance Fraud Professional 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/ No Reason to Rele ..read more

Reasonable & Arguable Reason to Deny Claim not Bad Faith Post 4778 See the full video at https://rumble.com/v4ow4tt-fairly-debatable-action-by-insurer.html  and at https://youtu.be/46hejNuhMRQ William A. Lemons, Jr., M.D., a doctor who specialized in obstetrics and gynecology (“OB/GYN”), sued Principal Life Insurance Company (“Principal”) for breach of contract and bad faith for its refusal to pay him disability benefits under a “regular occupation rider” provision contained in his insurance policy with the company. A jury returned a verdict in favor of Lemons on the breach of contra ..read more

Insurer Files Interpleader to Allow Claim Payment to Proper Competing Claims Against Funds Post 4773 See the full video at https://rumble.com/v4of8jo-whos-on-first.html  and at https://youtu.be/mCY8rYGqSGc In an interpleader action arising out of a jury trial in Hanover Am. Ins. Co. v Tattooed Millionaire Entertainment, LLC, No. 2:16-cv-02817-JPM-tmp (W.D. Tenn. 2016) (“Hanover I”).  In Hanover I, a jury trial was held on “insurance claims submitted to Hanover [by Defendants in the instant case] in connection with a 2015 arson fire and alleged theft at the House of Blues recording s ..read more

“Property Damage” Must Be Actual Not Potential Post 4771 See the full video at https://rumble.com/v4nnf3u-real-property-damage-required-for-defense.html  and at https://youtu.be/z2azn1FG2EQ Breach of Construction Contract Not an Insured Peril After the plaintiff’s motion for summary judgment was rejected and the defendant insurer’s motion for summary judgment was granted the plaintiff appealed. In Westchester Modular Homes Of Fairfield County, Inc. v. Arbella Protection Insurance Company, No. AC 45433, Court of Appeals of Connecticut (April 2, 2024) and the Court of Appeals resolved the ..read more

Suspicion of Fraud Cannot Support Qui Tam Action Post 4770 See the full video at https://rumble.com/v4ngeyi-to-plead-fraud-plaintiff-must-identify-acts-of-fraud.html and at https://youtu.be/V8lmqgXsMNU Richard Campfield, suing for the State of California, appealed the trial court sustained the demurrer of defendants Safelite Group, Inc. and its subsidiaries, Safelite Solutions LLC and Safelite Fulfillment, Inc. (collectively, Safelite) without leave to amend. Campfield contends he adequately alleged a cause of action under the Insurance Fraud Prevention Act (Ins. Code, § 1871 et seq.) (IFPA ..read more

Insurance Fraud by Board & Care Facility Post 4769 See the full video at https://rumble.com/v4n98rz-life-insurance-can-be-hazardous-to-your-health.html  and at https://youtu.be/2z9EdkKPVUU This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.  Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime. The Hungarian owned and opera ..read more

Conceal or Misrepresent Material Facts Requires Rescission in Alabama Post 4768 See the full video at https://rumble.com/v4n1gi5-never-lie-on-an-application-for-insurance.html  and at https://youtu.be/JwHq6xb6pA4 Allied World issued general liability policies to Clint Lovette (“Lovette”) and his companies.  (collectively “Lovette Defendants”) for the policy periods of March 16, 2018 to March 16, 2019 and March 16, 2019 to March 16, 2020. Allied World sought a judicial determination in its favor that it does not owe the Lovette Defendants a defense or indemnity regarding two cases. I ..read more

No Reason to Release Convicted Arsonist Early Post 4767 See the full video at https://rumble.com/v4mua6c-compassion-not-available-for-arsonist.html and at https://youtu.be/ab6rFw_DLSE In United States Of America v. Jonathan Paul Wiktorchik, Jr., No. 23-2564, United States Court of Appeals, Third Circuit (March 25, 2024) Federal Prisoner Jonathan Wiktorchik appealed, acting as his own lawyer, from the District Court’s denial of his motion for compassionate release. THE CONVICTION In 2011, after a jury trial in the Eastern District of Pennsylvania, Wiktorchik was convicted of arson, use of fire ..read more