18 min

Zalma’s Insurance Fraud Letter – October 15, 2021 Zalma on Insurance

    • Business

Zalma’s Insurance Fraud Letter Volume 25, Number 20 

https://zalma.com/blog

Criminal Caused Suit on Policy to Drag on for More than Six Years Court Finally Stopped an Unconscionable Level of Overlitigation  United States District Judge Gary R. Brown was faced with a legal  dispute that, perhaps because the defendant was a criminal, went on for  years without a final disposition. In Principal Life Insurance Company  v. Jason P. Brand, No. CV 15-CV-3804, United States District Court, E.D.  New York (September 29, 2021) the case was reduced to seven years on  disputes that appeared to be relatively straightforward:   

defendant Brand obtained a disability policy in early 2012 from  plaintiff Principal Life, after being less than forthcoming about his  health history.     In June 2014 – prior to the submission of Defendant’s disability  claim on November 14, 2014 – the New York State Attorney General’s  office raided Defendant’s offices, seizing his computers and physical  files, leading to indictment on October 16, 2014 of Defendant and his  businesses, DASO Development Corp. and Narco Freedom, Inc., for  insurance fraud in the first degree and grand larceny in the second  degree, charges to which defendant would plead guilty.     Defendant filed a disability claim based upon anxiety;     Principal Life, for its part, acted quickly and rescinded the policy  and     Filed a declaratory relief action.  Proactive Insurer Has to Fight to Renew Judgment Against Convicted  Fraudster Insurer’s $7,870,557.89 Judgment Against Fraudster Stands  Insurer May Collect on Default Judgment Against Fraudster  In People of The State of California, ex rel. Interinsurance Exchange of  The Automobile Club of Southern California v. Alex Semyon Mirsky,  B297321, California Court of Appeals, Second District, Seventh Division  (September 21, 2021) Alex Semyon Mirsky appealed from the superior  court’s denial of a motion to vacate a 2013 renewal of a default  judgment and the underlying default judgment.  In 2003 the superior court entered a default judgment of over $7.8  million against Mirsky. Interinsurance Exchange of the Automobile Club  of Southern California (Interinsurance Exchange) renewed the judgment in  2013, and in 2018 it mailed notice of the renewal to Mirsky at an  address Interinsurance Exchange claimed was Mirsky’s last known address.  Mirsky filed a motion to vacate the renewal of judgment, or, in the  alterative, vacate the default judgment under Code of Civil Procedure  section 473, subdivision (d). The trial court denied the motion,  concluding Mirsky’s motion to vacate the renewal of judgment was  untimely and Mirsky failed to meet his burden to show the default  judgment was void. ClaimSchool, Inc. – Insurance Education Insurance Education from Barry Zalma  Barry Zalma Presents What Your Insurance Organization Needs. The Excellence in Claims Handling Program Good News From the Coalition Against Insurance Fraud Health Insurance Fraud Convictions Videos on YouTube and Rumble.com of Zalma on Insurance Other Insurance Fraud Convictions  

© 2021 – Barry Zalma


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Support this podcast: https://anchor.fm/barry-zalma/support

Zalma’s Insurance Fraud Letter Volume 25, Number 20 

https://zalma.com/blog

Criminal Caused Suit on Policy to Drag on for More than Six Years Court Finally Stopped an Unconscionable Level of Overlitigation  United States District Judge Gary R. Brown was faced with a legal  dispute that, perhaps because the defendant was a criminal, went on for  years without a final disposition. In Principal Life Insurance Company  v. Jason P. Brand, No. CV 15-CV-3804, United States District Court, E.D.  New York (September 29, 2021) the case was reduced to seven years on  disputes that appeared to be relatively straightforward:   

defendant Brand obtained a disability policy in early 2012 from  plaintiff Principal Life, after being less than forthcoming about his  health history.     In June 2014 – prior to the submission of Defendant’s disability  claim on November 14, 2014 – the New York State Attorney General’s  office raided Defendant’s offices, seizing his computers and physical  files, leading to indictment on October 16, 2014 of Defendant and his  businesses, DASO Development Corp. and Narco Freedom, Inc., for  insurance fraud in the first degree and grand larceny in the second  degree, charges to which defendant would plead guilty.     Defendant filed a disability claim based upon anxiety;     Principal Life, for its part, acted quickly and rescinded the policy  and     Filed a declaratory relief action.  Proactive Insurer Has to Fight to Renew Judgment Against Convicted  Fraudster Insurer’s $7,870,557.89 Judgment Against Fraudster Stands  Insurer May Collect on Default Judgment Against Fraudster  In People of The State of California, ex rel. Interinsurance Exchange of  The Automobile Club of Southern California v. Alex Semyon Mirsky,  B297321, California Court of Appeals, Second District, Seventh Division  (September 21, 2021) Alex Semyon Mirsky appealed from the superior  court’s denial of a motion to vacate a 2013 renewal of a default  judgment and the underlying default judgment.  In 2003 the superior court entered a default judgment of over $7.8  million against Mirsky. Interinsurance Exchange of the Automobile Club  of Southern California (Interinsurance Exchange) renewed the judgment in  2013, and in 2018 it mailed notice of the renewal to Mirsky at an  address Interinsurance Exchange claimed was Mirsky’s last known address.  Mirsky filed a motion to vacate the renewal of judgment, or, in the  alterative, vacate the default judgment under Code of Civil Procedure  section 473, subdivision (d). The trial court denied the motion,  concluding Mirsky’s motion to vacate the renewal of judgment was  untimely and Mirsky failed to meet his burden to show the default  judgment was void. ClaimSchool, Inc. – Insurance Education Insurance Education from Barry Zalma  Barry Zalma Presents What Your Insurance Organization Needs. The Excellence in Claims Handling Program Good News From the Coalition Against Insurance Fraud Health Insurance Fraud Convictions Videos on YouTube and Rumble.com of Zalma on Insurance Other Insurance Fraud Convictions  

© 2021 – Barry Zalma


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Support this podcast: https://anchor.fm/barry-zalma/support

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