SIU Report to State Made in Good Faith Makes it Immune from Suit for Malicious Prosecution Post 4784 See the full video at https://rumble.com/v4qea4l-insurer-immune-from-malicious-prosecution-suit.html  and at https://youtu.be/_3Hc8MniqRE In The Hanover Insurance Group, Inc; and Michael Arline, Jr., v.  Luke Frazier, No. 2D22-1689, Florida Court of Appeals, Second District (April 3, 2024) Luke Frazier sued The Hanover Insurance Group, Inc., and Michael Arline, Jr., an employee in Hanover’s Special Investigations Unit, for malicious prosecution after Frazier was acquitted of charges ..read more

Fraudster Fails to Obtain Post Conviction Relief Post 4783 See full video at https://rumble.com/v4q6s6x-criminal-tries-to-get-out-of-sentence.html and at https://youtu.be/T8izcEXer9k Robert Sitler appealed from the order that dismissed his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). A jury found him guilty of homicide by vehicle and the trial court, sitting without a jury. In Commonwealth Of Pennsylvania v. Robert Sitler, No. 2946 EDA 2022, J-S20044-23, Superior Court of Pennsylvania (April 11, 2024) the appellate court refused to provide relief for Sitler. BACKGROUND ..read more

Homeowner Is Found to be a Beneficiary of Forced Placed Insurance See the full video at https://rumble.com/v4pzy46-unclear-language-in-policy-interpreted-in-favor-of-property-owner.html  and at https://youtu.be/1N3KeQW1ZhQ Post 4782 Keith Rath was unhappy with Arch Insurance Company over coverage for damage from the Derecho (windstorm) that hit Cedar Rapids in 2020. Rath’s bank holding a security interest in his home contracted with Arch to obtain a force-placed policy after Rath’s homeowners insurance lapsed. When Rath sued Arch for breach of contract and related claims, Arch argued tha ..read more

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