Zalma’s Insurance Fraud Letter – October 15, 2021 Zalma on Insurance
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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 Defendant filed a disability claim based upon anxiety; Principal Life, for its part, acted quickly and rescinded the policy and Filed a declaratory relief action.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://podcasters.spotify.com/pod/show/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
---
Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
18 min