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A video about a conviction for insurance fraud



People v. Murphy, No. E046742 (Cal.App. Dist.4 28/12/2009)

See the full video at https://youtu.be/uQ2XDAp_QSU [19659003] A jury convicted defendant Melissa Kay Murphy of obtaining or offering false information for filing (Bill 1 – Pen. Code, § 115, sub (a)), insurance fraud (false claim) (Bill 2 – Pen. Code, § 550, paragraph (a) (4)) and insurance fraud (false statement) (Pen. Code, § 550, paragraph b (1)). The court granted the defendant three years 'formal probation on various conditions, including service of 180 days' imprisonment. In her appeal, the defendant claims that she was wrongly convicted of a crime of obtaining or offering false information for filing on account 1, since that crime was preceded by more specifically recent offenses. In addition, the defendant accused the trial court of erring in failing to give a sua sponte jury instruction in connection with Bill 2 that the jury was obliged to find that the defendant was not entitled to compensation for the loss she claimed. We confirm the verdict in its entirety.

The defendant contends that a claim that has not been paid under the above-mentioned wrongful submission clause is not paid because the insured made a false statement in that claim, not because the insured filed a false claim . Thus, she claims that the people ignore the difference between making a false claim for payment and a false statement in support of a claim, both of which are separate crimes for which she was convicted in this case. However, the exclusive provision in the insurance in question requires the insured to make a false statement regarding a "material fact or circumstance". an insured could thus be convicted under section 550 of Vehicle Code Subsection (b) (1) for making a false statement in connection with an insurance claim that was not "substantial" and still has a valid claim. On the other hand, where the defendant's fraudulent statements contained material facts and facts concerning the claim, her application was invalid. Thus, convictions would be correct in both respects because the defendant made incorrect statements in connection with an insurance claim and made materially incorrect information about the facts of this claim so that her claim was invalid. In addition, even if we agreed with the defendant's interpretation of the necessary conclusions for a conviction in Bill 2, we find that her assertion is summarized within the parts presented in the instructions given. CALCRIM No. 2000 transferred more than sufficiently to the jury that the defendant was required to make a fraudulent insurance claim, the payment of which she was not entitled to receive.


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance claims handling, cheating and insurance fraudsters almost equally for insurers and insurers . He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He can be found at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become insurance claims staff.

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